Volume III - Issue VI / 2020

An evolution and tremendous development in the computer system and information technology along with the increase in the innovations related to the internet services, the E-commerce flourishes since last decades. E-contract is an essential part of E-commerce. E-contract is legally recognized by Law, thus the trust of consumers on E-commerce increases day by day. The COVID-19 pandemic situation further helps to grow the E-commerce and E-contracts. In India, E-contract is governed by so many Laws. The provisions of the Indian Contract Act, 1872 are generally applicable to validate the E-contracts similar to the general contracts. The provisions of The Information Technology Act, 2000 (IT Act) gives statutory recognition to E-contracts. The provisions of the Indian Evidence Act, 1872 makes the E-contract enforceable. An E-contract crosses the jurisdictional boundaries as it can be created from any place in the globe. This raises the question of jurisdiction of the court in case of any dispute between the parties to E-contracts. This paper has analyse the E-contracts along with the traditional contracts in India. There are the issues arising in E-contracts regarding Legal Validity and Jurisdiction of E-contracts as it is created from anywhere and anytime in the World. So, this paper explains the legal validity of E-contract and describe the jurisdiction of E-contract in India.

The beginning of 21st century has witnessed major shift in the power not only in terms of the political power but economic power. The Asian countries such as India and China are desperately trying to consolidate power in the new world order. China and India are emerging as superpowers owing to the boost in their GDPs and are thus, consolidating military power through economic power. The projection and manifestation of the military might in the light of the technological advancement in not restricted to land and sea and the super powers such as the United States, China and Russia are consistently trying to dominate the outer space by weaponising and militarising the outer space. In the backdrop of changing balance of political power in the new world order, the paper intends to study how far the States have progressed in the weaponisation and militarisation of space. The paper argues that militarisation and weaponisation is the direct result of the desire of the State to consolidate power. The rivalry between the US and China has made India rethink its security calculus; more particularly in the wake of China conducting Anti Satellite (ASAT) Test whereas simultaneously China is trying to encroach upon the Indian territories. However, the unchecked and unregulated weaponisation and militarisation of space pose serious threat not only to the international peace as suspicion and mistrust amongst the States is increasing exponentially but also the critical civilian infrastructure such as communication, navigation, broadcasting which is dependent upon satellites in the outer space is also threatened. In the light of these developments, the paper argues that there is imminent need of regulations to prevent further weaponisation and militarisation of space

Patent Licensing has now become an emerging tool to use the technology which is not available in the country. That technology which has been protected by a foreign person in another country can now be used with some formalities only. A patent license is a license granted by the owner which is licensor to a person who wishes to use that license known as licensee. The granted license can also come with conditions of using it in certain parameters and within the limits provided. Patent licensing plays a great role in increasing the economy as well. Without any infringement the technology can be used and also the indigenous technology can be granted in the same way to another country which yields economic benefits like (i) where the license granted is exclusive in nature the licensee already has an advantage over its rivals (ii) the technology can be used directly without investing any money and time in it. There are also some rights and liabilities that are imposed on both licensor and licensee like there are additional charges which are to be decided by the parties, and any new release to be notified to the party also certain terms are included like how the renewal of license and no reverse engineering is to be done. This paper deals with the patent licensing agreement and the clauses covered under it which will be followed by the laws applicable, legal issues between licensor and licensee, and the use of the licensed property. It will further describe important terms and specific provisions related to the agreement and things that are necessary to be considered while drafting the agreement

Coffee is one of the world’s most popular beverages. According to a report by the World Intellectual Property Organisation, more than 3 million cups of coffee are consumed per day. Today, coffee is highly associated with several premium products, ranging from beverages to cosmetic products, thus coffee enjoys a somewhat elite connotation today, especially with the growth of premium coffee brands like Starbucks and McCafe. However, the situation is quite different on the other side of the chain, that is at the producer’s end. The intense competition and lack of differentiation between coffee farmers has caused severe competition between them, which has in turn resulted in low returns and poverse conditions for them. This paper analyses the basic economic principles behind Intellectual Property Rights, and further examines the condition of the coffee industry, and how Intellectual Property can be used in the coffee industry. It explores the demand in the three sectors of coffee. The paper concludes that IP has a huge potential to enable gains in this industry

Surrogacy as concept is neither known much and nor practiced The draft bill of 2008 along with the ICMR(Indian Council of medical research) guidelines give the rules for functioning of the fertility clinics. The research paper seeks to evaluate the viability of the draft bill in the new developing industry of surrogacy with a slight reference to the upcoming bill (The surrogacy regulation bill, 2019). This doctrinal research involves the analyzing of fundamental laws regulating surrogacy and their impact on existing circumstances and various stakeholders. This research also lays slight emphasis on the pending bill which tends to regulate commercial surrogacy and to what extent this bill tries to control the strategic impediments existing till date. This study finally suggests that Legislation has to be brought in as soon as possible to solve the existing issues. Every care should be taken to eliminate the role of touts and brokers in surrogacy cases. Fertility clinics should also come under the Government scanner to have a check in respect of specific methods, used for fertilization, medication, pre-natal and post-natal care.

Negligence and violations of fundamentals rights have taken many lives, which is more than any pandemic country has faced. The lessons we took from the Bhopal gas tragedy has become robust now, negligence on the part of the administration and the environment authorities has become more common. This paper deals with the changes our parliament has brought in the laws to minimise the chances of any other Bhopal gas tragedy incident. The Indian judiciary has also acted in the bona fide manner for providing every essential remedy to the sufferers. The court has attempted to make a balance between strict liability and absolute liability Justice PN Bhagwati has made clear statements on the strict liability and absolute ability. The incident which took place at the Vizag in Vishakhapatnam is an indication for the authorities to take all the necessary steps while setting up any chemical plant or otherwise. The reason is that human rights and fundamental rights of the citizens will always prevail over the money-making system of the administration

Economic growth of a country is dependent on various factors such as the human capital, technology and natural resources. These resources are affected by the environmental factors and are often severely impacted by the uncontrollable forces of nature. Although, there have been several studies on the social impact of natural disasters, there is limited research on its correlation with economic growth. In this paper, the author has aims to highlight the impact of natural disasters on the economic growth trajectory of a country, with the help of secondary data available

The Constitution of India secures the balance between economic and social justice. It bestows and protects the rights of all citizens of India, and simultaneously seeks growth and development of the Indian economy. Fair-trade practices and healthy competition warrants diversification of industries, generation of new opportunities, consumers triumph, efficient use of factors of production, traders’ opulence, and rise in national income. Conversely, cartelization contravenes the modus operandi set forth by various legislations. Cartels are a confederacy to knock out competition by administering unfair trade practices. The cartel-members, by market apportionment, cooperate to increase their profit without considering other cogent factors. It undermines the interests of consumers as well as of co-traders. Moreover, the poor suffer disproportionately from the ramifications of collusion in commerce. Cartels are commonly evident where few business entities have dominant market shares in the industry, whereas it is untraceable in the informal sector. Cartels avoid disclosure of any information through agreement containing adamant terms. However, the Parliament has formulated various laws to promote and regulate competition in trade and commerce, such as the Competition Act, 2002. Competition law prohibits anti-competitive practices, including cartels. The Act of 2002 has established the Competition Commission of India and the Director-General as ombudsman to prosecute firms indulged in unlawful trade practices for hampering robust competition. Cartelization is the most egregious of offenses under competition law. The Commission has put meticulous efforts to investigate cartels and has imposed heavy monitory penalties to dissuade others. Besides, CCI sponsors research works for assessing competitiveness in different sectors of the Indian economy. In the post-pandemic era, both authorities and companies shall reject superannuated conventions and adopt new ideologies. Multidisciplinary policies, sincere compliance, and effective enforcement practices would ameliorate the current situation and eliminate the propensity to form cartels

The globalised and increasingly inter-dependent markets of today are built on a fundamental premise: “Trade can make everyone better off”. This premise has been codified as Professor Gregory Mankiw’s ‘Fifth Principle of Economics’. The renowned economist while illustrating this principle emphasises on the nature of competition as not merely a consequence of trade but a factor that constantly nurtures trade. Fair Trade that makes everyone better off is, sine quo non of fair competition. Hence “Fair Competition for Greater Good” is the central philosophy of the Indian Competition Act, 2002. By vitalising this philosophy, the Indian State has taken upon itself the duty of enhancing the scope of the Constitutionally recognised Right provided in Article 19(1)(g). This includes the duty to both provide scope for fair competition by removing all obstacles that hinder it and to not impose restrictions that deter such competition. While the duty on the Indian State enhanced by the Competition Law is taking its baby steps of evolution, the duty of providing adequate healthcare has been enshrined in the Constitution for more than seven decades now. The Right to Health is an inherent part of the Fundamental Right of Right to Life and is a key to welfare. This right is both facilitated and marketed for profits by the healthcare and pharmaceutical industries. This paper analyses the role of the Indian State and the Healthcare and Pharmaceutical Industry in the betterment of the society. The plausibility of tweaking the applicability of Competition Law to not just benefit producers but also consumers is discussed herein, under the lens of Constitutional Law. The effect of imposing adequate regulations on the said industries in enabling them to share the State’s onus of providing right to health is discussed as policy suggestions

Through this article the authors wish to critically challenge the precedent set by the Competition Commission of India in the case of Bharti Airtel Ltd. v. Reliance Industries Ltd. & Anr. The Competition Commission of India was established under The Competition Act, 2002. The main aim of this Act is to prevent practices which have an adverse effect on competition and to promote and sustain competition in the market. The authors have critically analyzed the order of The Competition Commission of India in the purview of the objective of The Competition Act, 2002, the principles of fair trade and the constitutional values that empower such principles. This article deals with two of the most important issues that ensure fair competition in the market, anti-competitive agreements and abuse of dominance. This article entails a detailed criticism of the three basic contentions of the Informant i.e. Bharti Airtel and factually differs from the reasoning given by The Competition Commission of India. Further this article portrays the effects of this order and how it has helped change India. This article also depicts the negative impact of the order on the other pre-existing wireless telecom service providers. The authors have further traced the development of Reliance Jio, post the order of The Competition Commission of India and related it to highlight how the Reliance Jio’s latest venture Jio Fiber has eased the existing pandemic situation

Mineral resources are oomph of the 1000 billion USD world economies. Scarcity in mineral resources brings with it, economic scarcity, both of which are a result of geological scarcity. The space mining explorations will lead to reorganization of the sector. The future of this sector and laws regulating asteroid mining are open to question. The present article is an attempt to make an assessment of such activities in the context of emerging legal issues that come along with commercial utilization of these resources. With the growing need for resources and such non-traditional missions, there will be difficulty in accessing the regulating legal aspects of space laws which results in scepticism. U.S. and Luxembourg have given carte blanche to privately-owned entities to use space resources and operate independently (legal rights) in low earth orbit (eventually deep space) through their domestic laws which they say comply with the obligation under international law. Propensity still exists due to lack of maturity in space mining laws and these truancyof relevant norms or a statute and any office administering space mining activities. This would foment resource conflicts in outer space due to the rule of few. Propensity also lies in whether or not the use of outer space resources is authorised. The Outer Space Treaty “prohibits states from owning celestial bodies by claims of sovereignty, use, occupation, or any other means”. Additionally, this treaty makes States answerable for the endeavours of government / private commercial organisations by authorising and administering such activities ad nauseam. This paper also deals with the preeminent principles of space law to determine the appropriateness of such emerging commercial mining practices and also their effect on the outer space environment and the economic development of the mining industry.

Natural justice simply means ‘what is just and what is unjust, what is right and what is wrong’. Principles of natural justice is also called common sense justice and whenever the term ‘common sense’ is used in law it doesn’t mean opinion of all persons of the society, but it means ,opinion of the prudent persons. This article intends to show the importance of Principles of Natural Justice in judicial proceedings and also focuses on the consequences of violation of Principles of natural justice by the adjudicating authorities

Personal autonomy quite simply put is the ability to self-govern or self-determine being able to be autonomous in taking decisions, believing in certain values and living a certain way and the absence of external influence in undertaking these actions. But does it mean the same in Feminist legal thought? Contemporary discussions on personal autonomy started in the 1970’s when authors like Gerald Dworkin and Joel Feinberg provided insights into the realm of autonomy noting that our decisions were worth preserving only if they aligned in harmony with our core morals and values and not else ways. Another aspect of liberalism that feminists associate with autonomy is the concept of ‘atomism’ connoting the presence of an atomistic man. Personal Autonomy has provided women with a voice to channel their opinions. It is also pertinent to note what autonomy means and the value it holds to women and people at large.

Beginning with the evolution of access to justice in the backdrop of constitutionalism and international conventions, this paper moves on to analyse the impact of the unprecedented situation of COVID-19 on access to justice. While dealing with the legal impact of COVID-19 on different social groups it attempts to overcome the lacunas by critically analysing and giving suggestions for the accessibility of justice during COVID-19

In this Paper, initially I would be discussing the meaning and the history of police brutality which date back to the mid-nineteenth century. The point shall be further developed by highlighting the key causes for police brutality which would take into consideration the psychological reasons, use of excessive force, racial profiling and many more. The powers that are envisaged with the police officers are so unique and enormous that it could disproportionately be exercised against the citizens depriving them of their freedom and hence, resulting in grave violation of human rights of all individuals. Therefore, it is the duty of the law enforcement officials to not only carefully exercise and comply with the international human rights standards as it is binding on all states and their agents but also to “respect and protect human dignity and maintain and uphold the human rights of all persons”. Thereafter, I would predominantly be focusing on the scope of the European Convention on Human Rights on police brutality which would further be substantiated by the case laws hence, underlining the nexus between the two. Lastly, I would conclude by highlighting the rights of the police officers and the challenges faced in achieving an ideal balance between police powers and individual liberty as police officers are meant to be the peacekeepers of the society.

India needs robust legislation to guarantee people the ability to monitor the collection and dissemination of their personal information. Legislation that reflects the fundamental concepts of fair communication management is a central component of this approach. These protections grant people the right to control the processing, distribution, and secondary use of data; the right to view and correct personal data; the right to keep personal data secure; and the right to be aware of the processing and transfer of data. Accordingly, the law would prohibit the storage and processing of personal data by providers of personal information. It is fascinating how unrestricted the Internet is at the level of international law and how enforcement is perceived across lenses as varied as crime, defence, child welfare, morals, growth, culture, expression, or privacy. Ideas of infrastructure equity and wider conceptions of individual independence (communicating, sharing, vying for business access, and even being anonymous or forgotten) have given rise to much of the debate on Internet policy, but also more oppressive ideas of government power, monitoring, and retribution.

Although import duties on many agricultural products have been dropped or waived as part of preferential trading agreements, farmers in developing countries are facing new challenges to selling their products around the world. Technical requirements, particularly for the hygiene and safety of products, have become one of the greatest barriers to trade for many producers. The World Trade Organisation (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) aims to provide the balance between the right of governments to protect food safety, plant and animal health, and prevent these sanitary and phytosanitary measures from being unjustified trade barriers.

Until and unless establishment of peace justice cannot be done. The safeguarding of international peace and security has always been the foremost reason of the International Law. But these concepts are still missing in many parts of the world due to huge number of disputes among the states. We are well aware that an international dispute takes place between states whenever in their affairs to one another certain divergent claims, interests and rights have crystallized with respect to certain existing issues. In fact under some circumstances in international community dispute existence itself disputable one; there is no specific norm to understand the term dispute. Because, majority of inter-sate differences include political allegations and a potential legal solution. The paper is focused on a very important and sensitive matter- the one which concerns the disputes among states and its two completely opposing ideas. It also aims to finding out the definition of the international dispute in order to indicate the framework of the analysis and indicates the main characteristics of it with the help of various attempts made by the international institutions. This paper continues to analyze the legal and political nature of international dispute with the help of India-Pakistan, Kashmir issue; India-Bangladesh Enclaves issue.

This research paper, as the name suggests, talks about various steps that are included in the process of making of legislation. The laws or the acts (legislations) that act as the rules of a country for maintaining peace, order and rights of the people has a very important and interesting process of its origination. This research paper talks about how the policy line of a bill is prepared and how it is legally scrutinized by the ministry of law in its initial stages which goes on further to the preparation of first draft by junior legislative counsel. The researcher in his paper also discusses an important aspect of legislative impact assessment in the preparation of a bill which is not a necessary step in India that is to be followed but needs to be followed as it is done by countries like Finland etc. The researcher in his paper goes further to discuss various other doors that a legislation has to go through till it gets the assent of the president of India to become the law of the land. This research paper also highlights some of the views that are given by our Hon’ble Supreme Court for understanding the true aspect behind the statement of object and reasons. This paper will help the readers to understand all the aspects of the legislation making process minutely

Much environmental damage is caused due to the increased scale of global economic activities. Trade and environment are closely related to each other. There are certain areas where liberalization of trade aids environmental protection .Liberalized trade will also enable nations to overcome resource constraints, which may have previously limited their growth potential. As a result, the economic activity expands and the resources available for protection of environment will also expand. However, an increase in income, especially of the third world countries is necessary to improve the quality of environment. Another method by which trade liberalization may benefit environment is through exchange of environmentally clean products, services and technologies. Trade and environment are two areas which are intertwined. Trade has both advantageous and disadvantageous impact on environment. Trade helps the environmental cause by increasing the income levels of countries, so that they can spend more on environment related matters. Moreover competition in trade, as created by the WTO can result in both environment friendly products as well as methods of production. But trade can harm the environment as increased trade will always result in an indiscriminate use of natural resources.

Migration across borders can lead to tragic consequences for humanity and protection and the need for assistance from those involved. Although many arrive safely at their destination, others may find themselves in a tense situation either because they live there or are experiencing setbacks and many are enduring severe hardships and dangers. In these refugee cases, migrants are protected under international law against the consequences of disputes in the nation. The paper will also review relevant legislation especially on the issue of migration, refugees and also consider international law on discrimination which provides a framework for the protection of migrant protection and foreign bodies that help protect refugees. This paper provides a comprehensive analysis of the human rights of migrants and refugees prescribed by the UN Refugee Convention. At a time when states are increasingly challenging the logic of mobilizing refugees for their own citizens, questions now arise as to whether refugees should be allowed to enjoy the freedom of movement, work, obtain public welfare programs, or meet again. With family members. Doubts were expressed as to whether there was a duty to exempt refugees from visa and other immigration regulations and to allow refugees at all. Hathaway connects the standards of the UN Refugee Convention with key provisions of international human rights law and applies its analysis to the world's most difficult defense challenges.

GATT Dispute Settlement has its own objective. It provides an orderly mechanism for deciding whether a Member has complied with its obligations under the Covered Agreements and an obligation, if a Member is found to be in breach, to ‘bring the measure into conformity’ with the relevant agreement, in effect to remove the offending measure. That is a process more akin to civil litigation in domestic systems, not to a criminal law process where the objective is to identify a wrongdoer and provide for punishment for the wrong.The GATT’s Dispute Settlement Body, with its Panel and Appeal stages, functions much more like a court, part of the effort to create a system of dispute resolution more rule based than power based. Appellate body rulings are the final word in trade disputes. Member States found to be in violation of one or more articles are expected to bring its legislation and actions into conformity with their WTO obligations. If an offending member fails to respond appropriately, the Dispute Settlement Body can authorize the injured Member to levy retaliatory tariffs. This paper aims to explain the stages under dispute settlement mechanism under GATT

This study presents a quantitative assessment of the quantitative ban and the gram panchayat ban on municipal cooperation. An injunction is a court order that requires a person to do or renounce an act necessary for justice, and failing to do so would violate sincerity and conscience. Basically, the purpose of granting an injunction is to restore the party’s infringement of rights, thereby causing insufficient money or compensation. It follows the principles of natural justice and fairness. The concept of an injunction is a very simple concept, and the relief granted is a preventive concept. Specifically, CRPC, CPC and the "Special Relief Law" have injunctions and regulations based on prescribed laws. Each of these regulations provides some form of prohibition depending on the situation and circumstances

This paper seeks to explore into the ‘religious freedom in the present scenario’ in the context of India and the world. It contemplates the present aspects of secularism granted in the articles 25 to 28 of the Indian constitution in India in the view of curtailment of the religious freedom of the peoples, which is against the basic tenants of Indian secularism, provided in the constitution. Basically, the religious freedom given in the articles 25-28 are the basic fundamental right of the peoples. This paper led emphasis on amalgamation of political parties in the religious affairs that how present political parties has divided the peoples in the name of religion?? It also explores, what are the major religious challenges faced by Indian democracy, which led to the curtailment of the religious freedoms of the people. Also it shows the detention of the foreign peoples of Tablighi Jamaat during the covid-19, led to the curtailment of their religious rights, due to the allegations on them for spreading covid-19. We will be knowing the important concepts of Freedom Of Religion, Liberty, Equality, Secularism, Bills, Laws and Commission which are related to the religious matters in India and we will also be knowing about the religious freedom in India in the current scenario and why there is social tension and fear among the citizens related to the matter of religion in India especially among the minority communities. We will also know about the brutal violence and the police brutality that happened during the period from December 2019 to February 2020 and the religious tensions and hatred that have engraved in the minds of millions of citizens during the whole of pandemic. In the name of religion there have been large destructions of temples, mosques, churches, gurudwaras etc in the past few years and we will also be able to know how the failures of the past and present governments in the country to handle the religious riots that have been happening around the country. In this paper we will also be questioning that whether the fundamental ideas of liberty, equality, social justice, secularism is being seriously followed and whether the Principal of Constitutionalism of the Constitution of India is religiously being followed or not in India

The Law of Evidence, compiled and consolidated in the Indian Evidence Act 1872, is one of the most efficacious stanchions fortifying the whole corpus juris of procedural law. This epoch-making pre-independent legislation which clarified the rules regarding the admissibility of evidence was essentially the contribution of the British Empire in India. Every case which comes before the court is a crusade for justice in which truth is the paramount quest. The most important role of a judge as a benefactor of justice is to seek and unravel the truth in respect of every case which comes before him. He applies his judicial mind to analyze the facts and sifts and weighs the grains of relevant facts to corroborate the narrative of the case. A dying declaration is a unique species of evidence as being the statement made by a man who is dead. There is, therefore, no occasion during the trial to consider the fidelity and detect falsehood of the dying declaration by the test of cross-examination. Moreover, the significance and the solemnity of the occasion in which a dying man speaks about the causes or circumstances leading to his death makes it extremely crucial for the judge to consider such a statement in evidence to impute criminal liability on the accused. This certainly invites judicial dichotomy as the mind of the judge is tossed between the need to consider the statement on the one side and the doubtfulness of basing conviction upon the dying declaration on the contrary side. The present article seeks to study the conditions under which a dying declaration can be admitted in evidence, the form and procedure of doing so and, also to reflect upon the judicial interpretations given by the courts in a plethora of cases relating to dying declarations which can act as a beckoning light for the trial judge to determine the guilt or innocence of the accused

The object of writing this paper is to study and discuss the concept of environmental protection, which is an inseparable part of Indian constitution and the rise of environmental constitutionalism in India. The laws related to environmental protection and the active participation of judicial bodies in evolution of these laws is the centre of discussion or the central theme in the paper. In view of the various constitutional provisions and other statutory provisions contained in various laws relating to environment protection, the Supreme Court has held that the essential feature of “sustainable development” such as the “precautionary principle” and the “polluter pays principle” are part of the environmental law of the country , these principles forms a part of environmental constitutionalism in India. At the end conclusion from the author’s perspective will also be given in the paper. Research methodology for the purpose of writing this paper is literature review. Books used for the purpose of research are Judicial handbook on Environmental constitutionalism by ‘James R. May’ and ‘Erin Daly’ published by United Nations Environment Programme, 2017 and The Constitution of India by P.M. Bakshi and Environmental Law by S.C. Shastri and articles available on the particular topic on internet were also useful.

Oodles of ink has been squirted to resolve the apparent antagonism between law and morality, but the cleavage between the two does not seem to bridge. The two prominent schools of jurisprudence -the positivist school and the naturalist school have their heads locked till date despite the concessions they have made in the modern times. Starting from Bentham and Austin on one hand and Thomas Aquinas and Rousseau on the other the legacy of respective schools descended upon Hart and Kelson on one end and Finnis and Fuller on the other. The fundamental question or problem however remains as it is-does law have essential connection with morality? This paper would be another attempt towards the conciliation of the much-heated extremes that perplexes every student of jurisprudence even today. With the advent of constitutional democracies how far these theories have managed to hold their respective bastions intact. Has the concept of constitutional morality to any extent reduced the antagonism and theoretical battle between the two? Is there any scope to befriend the two-pronged streams of jurisprudential enquiry? It is not our claim here that we are making any philosophical innovation rather we would merely focus our attention finding a gentle plane for jurisprudential expansion which we feel has been mired in the debate of law versus morality for long enough. Excess of anything is not good. Naturalists stance has exposed to us how creepy the godliness can get and similarly the positivists invocation of law as it is, has inspired and pampered nasty regimes. It is high time that some moderation comes in jurisprudential approach and this paper is an effort in that direction.

The complex yet age-old human custom of marriage has been an ancient tradition. Marriage, love and human relationships have always been complicated yet debatable issues that need not share a direct bonding with each other. With the changing times, each of these notions have evolved a lot and are no longer exclusively personal issues. While the episode of Goddess Seeta’s Agnipariksha stands as one of the most legendary instances of a wife having to prove her sanctity and chastity, the concepts of marriage and legitimate relationships have undergone a great deal of changes, for instance, the acceptance of the LGBTQ community, have not only changed the ideas of personal relationships, but have also wrecked a positive social havoc. Adultery on the other hand is no new concept given the functioning of the older societies. In those terms, polygamy have been used several times to conceal what we today know as adultery, but there arise several pertinent questions like, “why does such a phenomenon takes place?”, “what provokes such a thing to happen?” or if it is just a chance-based incident then what should be the ways of dealing with such an occurrence. However, the decriminalisation of Section 377 has been a very recent breakthrough in the recent times which further urges one to ask that can such a change cause any changes in the notions of adultery. Given such questions, it can be clearly observed that adultery can be approached from a legal, a social as well as a psychological perspective, which is also the main aim of this paper with the prime focus on both marriage as well as adultery

The growing consciousness of participatory democracy has led to an increase in the exercise of their fundamental right to information by the citizen through the Right to Information Act. Participatory Democracy’s existence owes to the notions of transparency of Government acts and accountability of public authorities. While the citizens are proactively seeking information from public authorities, the Government is aggressively retaining information under the broad undefined ambit of ‘secrecy’ or ‘confidentiality’ according to the Official Secrets Act. This is where the conflict of public interest of the citizens and protected interests of the Government enters the battlefield of democracy. Public interest is futile, when the security of the Nation is compromised, and safety of public becomes a concern due to such disclosure. In light of this, the paper examines the areas of conflict under the RTI Act and Official Secrets Act and makes a Comparative study of the existence of Official Secrets Act and freedom of Information in common law countries. With special reference to the misuse of section 5 of the OSA Act, arguments are made against the existence of Official Secrets Act while analysing the views of the judiciary and Central Information Commission on the conflict

Ever since the emergence of International Trade, the global economy has focused on ensuring that trade between nations occurs in a fair and equitable manner. With the adoption of GATT and the eventual establishment of WTO, the same theme has continued. Principles of non-discrimination such as national treatment, most favoured nation and reciprocity are integral to the smooth functioning of international trade. But in the recent few decades we find countries shifting to a different practice in order to achieve their economic goals. The preferential trade era has opened new avenues for nations to achieve short term economic goals. They believe that bodies such as WTO have struggled recently to take into account the economic and developmental needs of all participating nation. According to them, the multilateral process is slow and does not cater to the needs of all. Such limitations of the current international trade regime have led the countries to move towards PTA’s. This has created a spaghetti bowl of trade arrangements which are complex and are a convoluted mess

On March 7, 2011, the Supreme Court of India SCI delivered a progressive judgement with far-reaching implications for euthanasia in India. The 110-page document written by Justice Markandey Katju begins with a quote from Mirza Ghalib: “Marte hain arzoo mein marne ki, maut aati hai par nahi aati.” (We perish with the wish to die / Death mocks, but it will not arrive.) The line amazingly encompasses the dilemma behind the issue presented in the case. Justice Katju then goes on to include a careful analysis of legal opinions from across the world before opining that passive euthanasia can be practiced legally in India. The judgement is a beautiful read; it carries the reader on the journey of the Indian judiciary deliberating in the battle of morality against mortality, and dignity against death. Predictably, India resorted to its usual stance of bewildered obstreperousness when time came to actually decide on the issue of right to life equating to the right to die. However, the contents of the judgement touched on every delicate and controversial topic related to euthanasia, sparking a fairly predictable shouting match with opposing arguments carrying the power of logic, as well as the dead weight of sanctimonious posturing. The article talks about the bravery that oozes from the judgement and how language has been smartly used to present liberal opinions on whether right to life includes a concomitant right to die

This paper explores the issue of protection of Internally Displaced Persons (IDPs) under both national and international law governing the same. Furthermore, an analysis has been carried out on the situation of the discrimination faced by the Kashmiri Pandits, the people of the states of Northeast India and most recently the migrant workers who have been displaced as a result of COVID 19. This study focuses on theoretical and the legal provisions dealing with the people who have suffered due to conflict induced displacements. It concludes by suggesting measures that need to be undertaken to alleviate the difficulties of those affected.

Amidst the growing concerns for the ongoing Covid-19 pandemic, thousands of farmers brave the cold and the police blockades to protest and voice their disapproval of the newly enacted farm laws by the Central Government. The laws have been deemed to be revolutionary by the Central Government and have been advocated as long sought reforms in the agricultural sector. The laws, when read together, focus on a shift from the decades old APMC controlled Mandi system to the one dominated by market forces. They open the gates for corporates and finance houses to enter the agricultural sector, hoping to change the lives of millions who depend on farming and the allied activities. The three laws have faced challenges form the very onset. They were first challenged on being promulgated through ordinance route, then on their fragile constitutionality as against the spirit of cooperative federalism and are finally being opposed as against the best interests of the most important stakeholders of the sector i.e. the farmers. In this background, this paper firstly defines the provisions the three laws provide and explains the vision, when the three laws are read together. The focus then shifts to speculate on the how the laws will bring about constructive changes to the India’s agrarian sector while also arguing against the provisions and implementation of the Acts. The paper also provides insight into the constitutionality of the Acts and discusses the possible solutions and measures ahead

India is a developing nation which has been showing a rapid growth in the not only the Cyber World but in all sectors, with latest technologies and high speed internet, India is not lacking behind, but along with growth in Cyber World there’s also a significant growth in number of Cyber Crimes in India too. The internet has certainly become an indispensable part of our everyday lives. It has brought everyone together, it has completely evolved the way of connecting and communicating to people around the world, each and every information about everyone is available with a single click. With developing technology and advancements, Cyber Crime has also increased, Cyber Bullying, Cyber Stalking, Phishing, Spoofing, etc. are some Cyber Crimes but still all of them are not foreseeable. Cyberbullying is a sort of online communication in which a person or a group of person anguishes the reputation and privacy of a person, or pester, or threatens, leaving a long-lasting traumatizing impact on that person. It means using over the lawful limit and unapproved use of the internet affecting the life and remanence of a person. This paper focuses at knowing the what cyberbullying means it causes as to why it happens, its various modes through which it is done, and repercussions, know how cyberbullying involving a major and an adolescent is different, and the cyberbullying laws in different countries worldwide and in Indian Legislations such as the Information Technology Act, 2000 & the Indian Penal Code,1860, and whether there is a provision for cyberbullying offence and are these remedies are ample enough to punish the bullies.

A bank is a place where all kind of financial transaction takes place, where people save their money or make investments through it. In the age of digital India, we are focusing on digitalization of everything then why not banks also. Neo banking is a concept where we do not have any physical bank because it will provide services entirely through online mode. Neo banking is an entirely different concept where customer can avail all the service of physical banks even without having any physical bank-like money transfer, money lending, investments and many more. These neo banking are completely based on the “Information Technology” and “Artificial Intelligence” but still they do not have bank license as Reserve Bank of India keep a strict check on banking services. Thus, these neo banks depend on the bank partners to provide them with banking service license. Today it has become very important for every business to meet the requirement of the customers and their level of satisfaction if they want to survive in the market, but somehow traditional banking approach are unable to fulfill that which neo banking is trying to fill that gap between the customer and traditional bank. In this research paper, the author will firstly explain the concept of neo banking, functionality of neo banking than the author will focus on the regulation of the neo banking and their reorganization in Indian banking sector. The paper will further emphasize on the working aspect of the neo banking means services provided by them to their customers. Thereafter, the author will put light on scope of neo banking in India and at the end; the paper will also contain a comparative study of working neo banking in India and in other countries

As very rightly stated in a quotation by 19th Century British Politician Lord Acton that power corrupts but absolute power corrupts absolutely. In India, to ensure that the concept of ‘absolute power’ does not take over, it is divided among three organs of the government- the Legislature, the Executive and the Judiciary. This division of powers results in the balance of functioning of these organs of the government. These three pillars to the Indian government works within their arena wherein the role of the Legislature is to make laws, the role of the Executive includes the implementation of the laws made by the Legislature but the Judiciary acts as a Watchdog for both the Executive and Legislature. The Judiciary ensures that no law passed by the Legislature is implemented by the Executive that takes away, in any manner, the rights of the individual or the citizens which are guaranteed by the Constitution. Article 13(2) of the Indian Constitution states that the State shall not make any law which takes away or abridges the rights conferred by this Part (Part III of the Constitution) and any law made in contravention of this clause shall, to the extent of contravention, be void. And it is because of this Article that the Judiciary remains vigilant for the purpose of keeping a check on the validity of these laws.

Taxis play an important role as a mode of transportation for many people in different cities in India. One requires taxis/cabs for various reasons, be it for commuting from workplace to home or vice versa or taking family out when not wanting to drive when drunk and for many more reasons. The important part is that this industry is still unorganized, and the demand is growing. It shows that there is a huge business opportunity from entrepreneur’s perspective and at the same not ups the expectation service from consumer’s perspective to which cab aggregators evolved as a sure shot solution. This research paper studies how OLA and Uber has impacted the automobile industry of India, the current scenario, what are the challenges faced by the industry, Initiatives taken by Ola & Uber, and The Motor Vehicles bill, 2019. It not only gives comparison between a personal car & cab but also tells about the issues from customer’s perspective.

Indian Civil Aviation is the world's third-largest civil aviation market which was started way back in 1911. Air India is the key player and the national flag carrier of the country. Other airlines include Indigo, SpiceJet, GoAir, Vistara, and Air Asia India in order of their respective market share. Despite India being one of the biggest aviation markets in the world, many of its pockets remain untapped. Many tiers 1 and tier 2 cities of the nation are still not well connected via air. Thus, the number of aircraft flying in the country is quite less in contrast with the enormous population of the country. To give a clear picture the total number of aircraft combined in India is lesser than the number of aircraft owned by one carrier in the United States. For some people in India traveling via air is still a luxury. Low-cost carriers such as Indigo, GoAir, and AirAsia are trying hard to bring down the prices but due to the ever-increasing fuel prices and other operational expenses, they are still struggling to gain some ground. Jet fuel is heavily taxed in India which is one of the main reasons why flying is not so affordable here.

The process or strategy with which we can resolve the dispute outside a Court can be stated as Arbitration. Specifically speaking about International Commercial Arbitration, it can be stated as the alternative dispute resolving method between private parties that are commercial in nature conducted in different nations which will help in avoiding legal action in the National Forum. With changing technology and rapid increase in economic status, India is establishing itself in the world of international commercial trade. Countries like China, USA, Singapore, United Kingdom has set astonishing examples in the world of Commercial Arbitration. The arbitration proceedings have been universally accepted with uniform standard norms by UNCITRAL Model Law which has been followed by countries practicing commercial trade. In this research work, the analysis of Singapore Law regarding its National Commercial arbitration would help us to analyze about why it has been accepted as the most preferred destinations as like London. This would help in visualizing what changes need to be accepted that would create the Indian Arbitration process stronger amid the flaws which will strengthen the practices. SIAC or Singapore International Arbitration Centre rules getting compared to Indian Arbitration and Conciliation Act, 1996 and its analysis will help us in knowing what has ailed the Indian Commercial Arbitration. Keywords – International Commercial Arbitration, UNCITRAL Model Law, Arbitration and Conciliation Act, SIAC

Domestic Workers generally come from the backward areas within vulnerable communities. Even though the Domestic workers are covered under the unorganised sector, they don’t have a regularized working hour as well as minimum wages. They come under the terms of Service Category of unorganised labour force. As of now there is no exact number of data regarding domestic workers in India. However, about 50 million, approximately estimated under domestic workers category in the Country. Major steps in the recent years have been taken to provide legal protection and social security to domestic workers by the Government of India. Unlike other forms of works, the nature of domestic work is considered to be a unique one. But on the other side they have to manage the dark fact of their employers. They were the most exploited labour force in India as there is no kind of Union started by their own to solve their issues and raise against the exploitation. Those women who were employed for domestic work will be already belonging to a poor family and because of their financial situation they were engaged into the kind of domestic works. But the employers by using this situation they were exploiting them sexually and giving torcher to them. Though it can’t be brought down to all employers as some of them were treating their women domestic workers as the part of their family and offering them all their needs. The present paper attempts to describe the problems faced by the women domestic workers in India. It also attempts to identify the protection given by the Government of India under the Law as well as schemes specifically to them. And suggest the way to improve their standards among other unorganised sector workers in India

Every business or company is known by its goodwill and brand value. This goodwill and brand value acts as its identity. The business gets its identity through trademark. A good quality product and trademark goes hand in hand, attracts consumers and is a source of income. Trademark helps the business to build a reputation of its own for a successful venture ahead. But every coin has two sides. Similarly, trademark on one hand helps the business to form a successful goodwill and on the other hand it is susceptible of being infringed or misused. “Deceptively similar” trademark is one of the ways by which an existing trademark can be infringed or misused. Consumers thus cannot differentiate between a genuine trademark product and a deceptively similar trademark product. As a result, goodwill and reputation of a genuine trademark holder remains at stake and one who deceptively uses that trademark encashes the goodwill of the genuine trademark holder. This research article aims to study the concept of deceptive similarity under the Trade Marks Act in India, its origin, historical background, development and the various landmark judgments on deceptive similarity of trademarks in India.

We, the people of India are committed to the Constitutionalism and to the rule of law. In recent times, there have been occurrences of many violent protests in the form of demonstrations, processions and call for ‘bandh’ etc. for certain cause, by means of blockade of public roads, railways and causing destruction to the public property. Such protests are being done against the laws enacted by the Parliament, like the Citizenship (Amendment) Act, 2019 (CAA) and the Farmers’ Acts, 2020. The aforesaid, unlawful demonstrations, processions and call for ‘bandh’ etc. in exercise of the supposed implied right to protest, under Article 19 (1) (a) & (b) of the Constitution, are abuse of right to protest and interference with the fundamental rights of the citizens. We have fundamental right to protest by peaceful means, but such right is subject to reasonable restrictions and it should be exercised in good faith, by taking care of the fundamental rights of the others. In this paper there is an endevour to examine the compelling reasons and justifications before the State to enact the “CAA” and the Farmers’ Acts, 2020; the scope of the right to protest and its abuse; and its effect on fundamental rights of the citizens.

International trade becomes inevitable when the countries want to spread their own markets. In international trade, a major role is played by maritime transport. A large part of trade at international level is carried via sea. In international trade as both parties are situated in different countries, the process is completed with help of a middleman, called as ‘carrier’. This could lead to emergence of various queries such as, at which place and to whom the goods are to be delivered by him etc. The answer to these queries lies in an important document used in international trade when it is carried out through sea route, that is, “Bill of Lading”. As time went by improvements in technology took place, which led to evolution of ‘Electronic bill of lading’. The article aims to highlight the meaning and functions of bill of lading. The article further focuses on the emergence of bill of lading and its ambiguous position in this era of digitalization.

Privacy does not have a definite meaning; it keeps evolving with time. Privacy as a concept can be seen as freedom from society and as a part of human dignity . Privacy as a freedom from society would see the concept of privacy from an angle of being let alone and controlling in the way one would want to represent themselves in front of others. Dignity of a person attaches itself with various principles in relation to human behaviour which includes freedom to their any decisions without interference, individual autonomy and freely develop one’s personality. The technology has advanced to a greater extent and as a result of that boundaries of privacy have become blurred. Social media being a medium to express thoughts, share photos and videos, like, comment, get daily updates, etc. has become one of the means to obtain personal information. The privacy policies of social media inform the user about the collection of personal information and sharing them with the third party entities. This makes personal information as a valuable commodity which is sold to the third party entity to enhance their economic model. This leads to invasion of information privacy of the social media users. Thus, this paper focuses on the legal framework in the European Union and India to understand the consent mechanism and the protection accorded to personal information under them. Further the paper explores the privacy concerns on social media and their consent model. The paper attempts to bring out the concept of commodification which affects the social media users in terms of their privacy

The Parliament passed new amendments to the Arms Act of 1959 reducing the number of guns that one person can own, these developments in gun control law in India raise the question whether stricter gun control policy is the way to curb crimes and violence in our country and if guns ensure self-defence when they are encumbered by strict rules for possession, storage, and transport. Taking examples from different countries with polarized views on the issue of gun control, we try to scrutinize the issues caused by civilian ownership of firearms and the reasons why the same is considered important in some countries. Also, the political and ethical ideologies which cause the polarised opinions on guns in different countries are discussed. The United States of America stands as an extreme example with a vast pro-gun lobby and the highest per capita gun ownership. Taiwan serves as the perfect model where gun control measures are minimal, yet the per capita gun ownership is one of the lowest. Japan and Indonesia serve as contrasting examples with strict gun control measures in place, yet Japan is more successful in enforcing those measures than the Indonesian authorities. From each of these models, India has something to learn and implement in its gun control measures. Keywords – Firearms, Violent crimes, policy, law enforcement, comparative law

To regulate the competition in market, government passed the Competition Act, 2002. It regulates the whole market and bans anti-competitive agreements. It makes the business practices illegal which try to abuse its dominant market position. In the era of internalization and commercialization of sports, it has created rapid growth of economic interest of the businesspersons and investors. The economic importance of sports has been recognized by almost every country. It can be termed as Sports Market and there is lack of regulatory mechanism in this market to regulate illegal activities. Therefore, it has travelled around new cross-roads for the application of competition law in sports. Various sports federation show their dominance position and try to control the sports which deny the fair competition. Due to advancement in sports, it has lifted lot of other legal issues also, like match fixing, doping, employment contract, issues on abuse of dominance etc. and the paradigm of competition law application on the sports will improve the administration and control the unethical practices. This paper analysed that how competition law affects the development of sports in new era. It provided the overview that how competition law is applicable on sports and highlighted international practices in sports

The term homosexuality and the laws prohibiting 'unnatural' sex were imposed across the world through imperial might. In India also unnatural sex was made a criminal offence by the colonial legislation, the Indian Penal Code, drafted by Lord Macauley in 1860 that criminalize “carnal intecourse against the order of nature” under section 377, punished by imprisonment that could be extended upto ten years. Our Judiciary has ever since the inclusion of this offence has tried to interpret what a “carnal intercourse against the order of nature” is, in a several judgements, in its several attempts to define the meaning and scope. There has however not been any distinction of consensual sex or otherwise, in section 377 of Indian Penal Code (IPC), which has effectively made sex between homosexuals a crime. Recently the Supreme Court in the case of Naz Foundation scrapped section 377 and upholded the decision given by the Delhi High Court, thereby declared that so long as it criminalises sexual acts between consenting adults, whether homosexual or hetrosexual is unconstitutional. This paper examines the issues of LGBTI community, and the constitutional validity of section 377 under the shadow of fundamental rights given under part three of the constitution of India

Corporate restructuring and competition level in the market is very closely intertwined with each other. India, in order to govern both the spheres, has adopted a mandatory and suspensory merger control regime, wherein the standstill obligation forms the most important intersection. As India has embarked its’ journey to overhaul the combination and competition law landscape with introduction of novel measures like green channel, failing-firm defense, it has become pertinent to also focus and understand seemingly overlooked concepts like, standstill obligation. In this article, the authors untie the knot on the legal framework of standstill obligation in the Indian Competition Act and matured jurisdictions like the European Union. The article also dwells upon the recent recommendation of the derogation from standstill obligations by the Competition Law Review Committee 2019 and it’s reflection in the newly introduced the Competition Amendment Bill 2020. As standstill obligation is the cornerstone of the Indian merger control regime, the impact of derogation from standstill obligation needs a nuanced understanding. Bearing this in mind, the authors also critically and comprehensively analyze the impact of the derogation from standstill obligation in the merger and acquisition landscape of India.

Girls and women have a right to participate in civil society, vote in elections, be elected to government office, serve on boards, and make their voices heard in any process that will ultimately affect them, their families, and their communities. Asserting in girls’ and women’s right to political participation is a necessary step to achieving global gender equality and democratic governance. Increasing the share of women in India’s state legislative assemblies is not only likely to lead to better representation of women’s and children’s concerns in policy-making, it is also likely to lead to higher economic growth. A woman’s place is in politics. Importance and development of democracy through women participation in politics must be planted by equal participation of men and women in the field of politics so that the decision making will be refined. It would really be appreciating if the government allows women in all form of politics and thus women push their scales to speak out for everything.

Although people's transboundary movement began a long time ago, it took the dawn of the 21st century to have definitive legal and political consequences. International migration should reasonably be regarded as historical. People have migrated since the days of the nation-states. Over the years, the reasons for migration have undoubtedly changed, but the phenomenon is still alive. Thus, it may be said that cross-border human movement is part of the collective, universal human experience. In line with this sentiment, the human rights approach is also appropriately fitting to deal with such human experience. Although human rights concern in the past have effectively been denied access to a global dialogue on refugees on the mistaken premise that the refugee problem is very distinct from a human rights problem, today the trend is to integrate Human Rights Law and International Humanitarian Law into Refugee Legislation. The burgeoning awareness of the number, size, and nature of the refugee crisis has led the policymakers to shift their focus from the erstwhile policies on safety and welfare of refugees, which were developed after the Second World War, towards a more contemporary solution-based approach to the Refugee Problem. Refugee legislation is one of the institutional structures that can be applied concurrently in the context of armed conflict. Refugee rights are part and parcel of human rights.

Marriage is one of the primary instruments utilized in extension of family yet having said that the foundation of civil marriage has experienced significant changes over the recent couple of decades. That being said, this foundation brings in the upsetting and unbearable issue of cruelty faced by married woman in her in-law’s house by husband or his relatives. Looking back, India was swamped with the media reports and readings regarding the cold-blooded matter of cruelty by husband and his relatives against married woman for various selfish reasons, the most important being the non-fulfilment of the demands of dowry. For this purpose, to defend the interest of a women by protecting them from the odds of such ill-behavior faced under the roof of their matrimonial home, Section 498A was inserted in the Indian Penal Code by the Criminal Law (Second Amendment Act, 1983). This paper attempts to highlight the importance of section 498A of the Indian Penal Code and lays down a legal as well as judicial analysis of the topic, certain important definitions, situations and cases, that plays and essential role in the understanding of section 498A. Along the same lines, unfortunately contentions have been held against the misuse of this law for various suspicious reasons. Therefore, this paper also deals with the claimed misuse of section 498A of the Indian Penal Code and the reality beyond these allegations

Criminal justice System is a system comprising of police, judiciary, prison authorities and social welfare agencies focussing on the elimination of criminality with various correctional mechanisms. Imprisonment was considered as the primary solution to deal with criminals. However, captivation in the four walls of prisons led to further problems in prisons ranging from overcrowding, lack of health safety measures, lack of proper accommodation, lack of schemes for rehabilitation and reformation. Apart from this, it also posed the challenge of psychological and sociological deconstruct from the society. Hence, a major challenge today is exploring other terrains of correctional mechanism when incarceration no longer serves as a major anchor to corrective justice. The present paper delves into the evolving need of innovative correctional reforms in the form of non-custodial sanctions, non-institutional methods to address criminality. It delves into focussing on thereaupatic jurisprudence and restorative justice. To eliminate criminality and not the criminal from the society. The paper further focuses on the growing wave of new alternatives to imprisonment such as Open-Air Prisons, community services and modernization of prisons. It focuses on means and methods adopted by open air prisons, community services and other prison programs in inculcating vocational training, skills, meditation and yoga as a means to rehabilitate the offender. Conclusively, the paper delves into suggestive correctional reforms, which can be incorporated to shift towards more humane practice and emphasising on the need of treating the criminality in the prisoners rather than isolating and excluding them from the society.

Competition Law and Intellectual Property Rights (IPRs) have been a topic of heated discussions, especially in a regulated market economy like India. Both the areas are dynamic and often tend to come in conflict with each other. Though the means are different, both Competition Law and IPR strive towards one goal – attainment of efficiency in market. However, the differences in the methods and approach in achieving this goal leads to conflict between the two. Besides, while competition law strives to sustain and promote competition in the market, IPRs confer limited monopolies thereby restraining competition. The paper attempts to look into the interplay between competition law and IPRs to analyse whether competition law and IPRs are friends or foes. The same shall be carried out by analysing the provisions of both laws and the related judicial precedents.

After the two world wars that the world faced there is a certain change in the attitude in the international organisation and even to some countries to do away with the heinousness of the capital punishment of the offender due to the rise of the human rights consciousness. But still there are certain countries like India who still uphold the capital punishment in the rarest of the rare cases. But this paper concentrate on the same term “rarest of the rare” whose definition has been differently interpreted at different times by the supreme court of India, sometimes the apex court has set some criteria to determine the offence in the category of ‘Rarest of the Rare’ while other times it just verdict the offence as rarest of the rare on the basis of the collective consciousness of the people at large in the country. This paper tends to indicate that the collective consciousness is a myth and the whole capital punishment criteria held by the Indian Judiciary needs to be reconsidered as there is disparity in terms of the verdicts so given by the same apex court at different times but on same offences at least the gravity of crime was in similar

Hinduism is not just a religion but is a way of life. It has shown since long time that dharma is the key factor for a greater life. Dharma is not law; it is way broader than the concept of law. Jurists like Mayne acknowledge Hindu Law as the oldest pedigree of jurisprudence and it is still standing against all odds. Hindu legal theory derives its concepts from many sources such as Dharmashashtras, Smritis, Shrutis, Vedic literatures, Bhagavat Gita, Puraanas, Upanishads, epics like Ramayana and Mahabharata etc. The jurisprudential aspects of these sources have helped and are still helping us to interpret laws and understand its importance in current times. The Hindu Legal Theory deals with the origin of law, its correlation with the state, conception of the term law by various people such as Manu, Jaimini and many more, law as duty and law with respect to morals and religion. This paper deals with the interpretation and understanding of these concepts by jurisprudential perspective and understands its relevance and existence in currents dynamics also. There are various statutes in law but in Hindu Law customs and usages were given equal importance as the laws which are written and as we know that the customs and usages are ever dynamic the concept of Hindu law has also evolved but the roots are still intact and have stood the test of time. Supreme Court and different High Courts time and again have interpreted the term dharma and other concepts of Hindu law and decided the cases based upon such interpretations. So, the understanding of Hindu law with jurisprudential perspective will be useful in understanding its relevance in current times.

Although, Mediation is considered a more flexible, cost effective method, the lack of International Guidelines and the want of decision being binding are the biggest deterrents to its popular usage., The lack of international guidelines, legislations or processes which could ensure that such agreements could be recognized and enforced internationally meant that the result of a Mediation would often be effectively to the status of contracts only and would often require further court proceedings to force the compliance, incase one of the parties defaulted to the agreed terms. This has resulted, in mediation comparing unfavorably to arbitration. And the COVID-19 Pandemic, on the other hand, has accelerated the need for alternate means of Dispute Resolution, since the traditional Justice Systems across the globe have been significantly hit. The Pandemic has resulted in the accelerated meteoric downslide in the global economy, which impacts the investment made by the public in the Judicial Process too. The Singapore Convention, of which India is a signatory, has been streamlined with the aim to give Mediation the same iron-cast effect that the New York Convention gives to Arbitrations. The Preamble of the Convention aims to make mediation settlements easier to enforce internationally, and binding across the countries that have ratified the same, eliminating the need for the parties to initiate new legal proceedings. This article attempts to sift through the Convention and attempt to understand and explain how the Convention aims to tackle the process and provide relief. This article also aims to explain how this Convention will affect the Indian lawscape, as India is a signatory of the same and currently does not have a separate legislation dealing with the Mediation Process.

The article talks various aspects to Regional Tarde agreements, dealing with its advent, reasons for the increase in RTAs, its impacts on global multilateral trading system and its advantages and Disadvantages. In present times Regional Trade agreements contributes to a major portion of Global trading working parallel with the Multilateral trading system of WTO. Every country wants to increase its economic growth and for that purpose Regional Trade agreements with the neighbour countries or the trading partners are not a bad option reducing trade barriers, Tariffs and other duties which are levied on the import & export generally. Some countries have even set a benchmark by adopting such policies in RTAs setting precedents for the multilateral trading system for future rule making. RTAs has gained so much scope that goes beyond current multilateral trading system including area like – Infrastructure, Investment, Intellectual property, Competition measures etc. The Article will discuss all the major impacts of Regional Trade agreements

Personal laws in India are made by the legislature, directly or indirectly by taking their sources from customs. Women, for a long time, have been marginalised by these customs or practices. The purpose of law is to reform the social state, to open the society to newer and better ideas and practices. Discrimination of women around the world has been blatantly committed, and tolerated, even in its legal form. The Indian personal law system very visibly portrays a conflict between India’s international women’s rights commitments and their application in the country. Keeping this history of personal laws in India as the backdrop, this paper aims to examine the interrelationship between rights of women in India and statutory family laws. This paper aims to weigh religion-based rights of women in India with rights offered to them internationally. Through this paper, the author hopes to highlight the blatant discrimination faced by women of the Hindu and Muslim communities in India and aims to provide a legal analysis of the on-ground reality of the problems faced by women due to religion-based discrimination

The relationship between International Court of Justice and United Nations can clearly be analysed from the perspective of United Nations Charter and the way it demarcates the capacities of the various principal UN organs and regularize the practise of their simultaneous powers. However, the Court is responsible for playing a dual, fluctuating role. As per Article 92 of the Charter, It is the only and main judicial organ in the United Nations and moreover, it also enjoys the position of an independent body with adjudicative function, and according to Article 38 of its Statute, performs the duty of applying international law to various disputes among the states as are filed before it. On focusing the primary functions performed by the other major organs of UN we observe that either directly as in the case of the General Assembly and Security Council which directly elects the members of ICJ or indirectly as in with the other organs like the Economic and Social Council which on several occasions themselves become dependent on the advice given by ICJ on concerned matters. United Nations’ primary objective is to maintain peace and security to the member nations which on a larger extent is fulfilled by the International Court of Justice. Keeping the same view, the paper will magnify in researching the role of ICJ along with the study of contemporary case laws brought before ICJ, while primarily focusing on the interrelation and the impact of the working of ICJ on the other major organs of the United Nations.

The modern era is the era of science and technology. As we reach the 21st Century, industrialization, revolution, developments in each and every sphere have brought about tremendous changes in the modes of reaching the masses, spreading awareness and subsequently stimulating growth. This research paper offers a detailed account of the analysis of various social media sources to understand how they impact the promotion of various government policies formulated by the government. The main theme which covers the observations is “Law in Statutes v. Law in Practice” which further explains the dissonance that exists between the purpose with which the policies are formulated and the actual impact they have on the individuals. Nothing can be implemented in the same form as it exists in statutes. This research paper is structured in a manner that initially it analyses the role of cinema in influencing government policies which is followed by an elucidation of the role of television advertisements as they bring forth the policies to the notice of general public. Furthermore, the research paper provides a portrayal of the roles played by radio and print media in promoting the government policies. The research paper is concluded with a sociological perspective as it stands in relation with law.

There have been numerous amendments and bills that have been legislated and made in the past few years. Some of the bills have not yet been implemented, some have not even been acknowledged, while some have been enacted. One bill that has become an act in recent times is the Consumer Protection Act, 2019. Over the period, there has been a humongous change evolved concerning the consumers. One of the common and standard definitions used is, a person who buys goods and services is called a consumer. As its definition has emerged across time, so has its function. Further, the roles of producers and other auxiliaries have too fairly developed. These changes can be attributed to the technological advancements and better lifestyles of the civilisation. These consumers have various rights, and if these rights are violated, they can file a petition in the Court. These cases have specialised courts for them. They are known as Consumer Courts. This paper thus analyses this Consumer Protection Act of 2019 in detail, and also would throw light into the various changes that have been introduced in the new enactment with comparison to that of the old one. It would further draw in multiple improvements this act would bring in significant domains of society

On the outset of the increase in alertness and restrictions imposed against Chinese investments in India, the Indian Council of Investors (ICI), an investor association group, suggested to the Ministry of Finance to initiate a strong approval-based regime for both FDI and Foreign Portfolio Investment (FPI) rules, where the investment crosses a certain threshold. Moreover, the recent situation, where of China’s central bank showed its interest in Housing Development Finance Corporation (HDFC), raised several concerns which were critical since the plunge in HDFC’s share price which was essentially caused due to the Coronavirus- led hold up in the economy. On April 11, 2020 People's Bank of China (PBC) raised its stake of ownership in HDFC Bank to 1.01 percent from 0.8 percent. Various media reports also cited that Ministry of Finance was ruffled as market regulator; SEBI had not raised red flags when PBC was buying shares in HDFC. No law currently restricts central banks of other countries from investing in Indian commercial entities. However, this move by PBC is unusual considering that central banks typically buy bonds of companies in other countries, and not equities. Investments by Chinese companies and institutions have attracted widespread scrutiny from all over the world since the beginning of this pandemic. As COVID-19 continues to threaten lives and livelihoods across the globe, businesses and their assets are not reflecting their true value, thereby becoming attractive targets for hostile takeovers and acquisitions. In light of this, Rule 3.1.1 of Foreign Exchange Management (Non-debt Instruments) Rules, 2019 was amended. The new amendment in question requires certain investments from countries outside India as FDI to come through the government approval route alone, and not under the direct route of investment. Wherein, with the new amendment, FDI in these cases would require an approval from the Government of India, which would mean that the government would be able to monitor the extent of these investments and give its approval, should it choose to do so. The initiative by the Government is to block direct investments from mainly China; these Chinese companies may buy assets at lower valuations and act for serving their personal agenda. Therefore, this paper aims to critically analyse the amendment and tries to establish whether such amendment is needful in the longevity and smooth functioning of India’s national security

The doctrine of ostensible owner has been laid down under section 41 of the Transfer of Property Act,1882. The term ostensible signifies something which is not real or true in nature and therefore the term ostensible owner can be understood as someone who is not the real owner yet represents as one during the transfer of the property to which he is an owner to. The Doctrine of Ostensible Owner was established to protect the rights of 3rd party to whom the property was to be transferred to. The Doctrine of Ostensible owner is based on 2 maxims, i.e., Nemo dat quod non habet and nemo plus juris and alium transferee potestquamipsa habet However, there are certain essentials that needed to be fulfilled in order to be called as an ostensible owner. Ever transfer authorized by an ostensible owner is valid according to section 41 of the transfer of property act. Under this project, the research tries to adapt a detailed study about section 41. The research tries to unveil the nuances related to ostensible owner. The project had deeply analyzed landmark cases such as Ramcoomar Koondoo V. John and Maria McQueen and Jaya Dayal Poddar Vs Bibi Hazra to understand the origin of the doctrine and tests established by court to confirm the essentials of the doctrine. The project has also unravelled the understanding of each term associated to the topic as well as analyzed the essentials to fulfill the doctrine. After reading the project, the reader will attain high knowledge of Section 41 as well as intricacies related to it

The purpose of this study is to find out the relationship between personality and perfume/fragrance preferred by an individual. Various questions were asked in the questionnaire about the personality and perfume related questions. This helped in the conclusion and final analysis of the data so collected. Data was collected either manually or online through google forms. It is essential today in the age of marketing and branding to acknowledge the presence of the phenomenon that is perfume, its brand personality and contents, and the effect it has on its customers. This study aims to correlate the various attributes of perfumes to the spending capacity and information perception of people, keeping in mind the diverse personality trends that occur in our modern world

The International community emphasized State sovereignty with an object to promote the norms set forth in the United Nations Charter. Accordingly, each State has sovereign power and will have to protect their nation includes people and property. With this concept, number of international conventions was drafted including International Humanitarian Law or Law of Armed Conflicts or Law of War which emphasized on traditional warfare. On contemporary, the modern era is the evident of drastic changes in technology. It has a great impact in each and every walk of the life of the people includes in warzone. The current system of technology paves a new platform to a modern warfare through sophisticated equipment which is available to every human being. Now, not only conventional military weapons such as tracked and directed by computer, computer itself is a weapon to target the military and entire system of the enemy State. Globalization makes everything be globalized including the safe guards and security aspects of the nations too. It is a known fact, technology not only dominates the human activities and it also plays a vital role in dominating State activities without observing the principle of State Sovereignty. This paper aims to understand the impact, use of technology in warfare and its impact on the society

There has been an unprecedented controversy about the status of death penalty in India. The endless debate on the question seems to have been accelerated by the developments having taken place in western liberal societies, particularly the developed countries, such as, the U.K. & the U.S.A. The question of death penalty brings at forefront many related issues and also the confusion existing about the penological purposes served by it. It also touches a larger issue as to which model of punishment- crime control model or due process model- better serves the needs of modern India. The question needs to be examined in this context is whether death penalty is a product of such weighing of interests. Retention of death penalty has become a burning issue in this country since 1980. Although in theory death penalty continues to be a supreme punishment but has to be awarded in the rarest of rare cases. The question arises where the supremacy lies if the punishment cannot be awarded in 99% cases. Even the doctrine of rarest of rare cases has been attacked on various grounds from time to time. The perception of the judges is also not uniform in this regard. This paper critically examines the developments towards the abolition of death penalty.

The term marital rape is used to define non-consensual acts performed by the victim spouse or ex-spouse. Marital rape is an issue that persist since ancient ages but remain in the background of domestic violence. It became evident with the increase in civilization. The victim of marital sexual abuse demonstrates medical and psychological problem following the incident. Among the problem vaginal and anal injuries, vaginal infection, nightmare stress disorder is among the psychological problems. Marital rape is still being ignored or considered normal some societies, which can discourage the victims report the assault victim usually don’t report the incident because of their shame and dread of their spouses ecquaitances. The protection of the victim and to sentence the perpetrators important in term of serving as example – ethics committee approval, informed consent, financial disclosure. In legal field, active studies have been conducted in the last century the privacy of the issue, the small number of compliments, unsettled legislation these subjects to be one of the today’s problem as a result of the studies carries out with 580 females in the university of Benin. The case Independent thought v. union of India is the landmark case concerning the issue of marital rape where supreme court has given the stern decision regarding the modesty of the women. One of the accept of marital rape that resemblance of the other type of domestic violence is it recurrent feature. Women who were forced to marital intercourse repeatedly experience the same situation where as the repeated rape make marriage unbearable for women, the percentage of sexual abuse victim who report the abuse of judicial authorities is very low. ‘Death with dignity is better than life with humiliation’

In India, Real Estate Sector has developed at an escalating pace. The common man puts in all of his efforts in the form of his savings and loans to look forward to getting into his dream home, where he can spend the rest of his life peacefully. However, studies have shown that housing sales have gone through a downtrend by about forty percent in the last few years. More so this sector was going through a transitional phase during the past few years. To acknowledge this issue, the Government of India came up with an Amendment in the Insolvency and Bankruptcy Code, 2016 i.e. THE INSOLVENCY AND BANKRUPTCY CODE (SECOND AMENDMENT) ACT, 2018. The main objective of the Government to bring up this amendment was to provide the homebuyers the status of that of a financial creditor. This would safeguard the interests of all those people who spend lakhs of rupees but are harassed due to delay in possession and incomplete real estate projects. The paper aims at critically analyzing the very aim of the legislature to amend the Insolvency and Bankruptcy Code, 2016; focusing on the misery faced by the home buyers. The paper also explains how the home buyers are on an equal footing with all the other stakeholders by entitling them to be a part of the Committee of Creditors

International concerns over the degradation of environment has been less perceived. At the same time, it is important to note that air pollution is becoming a serious concern for the health and economy of many nations around the globe. With the objective to reduce air pollution various conferences were organized however, it was observed that different nation-states were indulged in the game of finger pointing. This act was ineffective for confrontation with transboundary air pollution and certainly highlighted the fact that problem of air pollution requires a high level of international cooperation and dialogues for the matter of fact that air knows no boundary. Air Pollution has become a global reason and significant contributor to childhood illness and death around the world. The article addresses the international developments in confronting the issue of transboundary air pollution. The Europe has emerged as a key leader for mitigating the transboundary air pollution to a great extent and the minor steps undertaken by Asia and North America are significant to combat the menace. Air pollution is a global as well as regional issue, and a trend towards international cooperation and employing scientific principles would aid to significantly reduce the pollution to a great level.

The case Victoria Laundry Ltd v Newman Industries Ltd was decided in 1949 for the King’s Bench by the Court of Appeals. The subject matter of this case revolved around reasonable foreseeability and remoteness of damage. This case added onto the consequential damages rule laid down in the Hadley judgment by clarifying it by resolving a significant lacuna in it. Victoria Laundry (plaintiff) had entered into a contract with Newman Industries (defendant) to build and deliver a large boiler with a heavy steaming capacity of 8000lbs an hour. As per the contract, the boiler had to be delivered in early June. The plaintiff had explicitly told the defendant regarding the need for the boiler being very urgent and wanted to use it immediately after delivery. The delivery was made twenty (20) weeks late even after knowing about the boiler's urgent need. Due to this delay, the plaintiff incurred significant losses in profits and many profitable contracts. Victoria Laundry then sued Newman Industries for the losses incurred by them. Newman Industries were charged both under ordinary as well as special damages. The Trial Court held that the defendant was liable, relying on the first rule of the remoteness of damage laid down in the case of Hadley v Baxendale . The Court of Appeals later overruled this judgment for the King’s Bench, which held that the defendant was liable for the plaintiff's damages. Hadley v. Baxendale EWHC J70

The manner in which police investigations are conducted is of critical importance to the functioning of the Criminal Justice System. Not only serious miscarriage of justice will result if error or malpractice vitiates the collection of evidence, but successful prosecution of the guilty depends on a thorough and careful search for truth and collection of evidence, which is both admissible and probative. In undertaking this search, it is the duty of the police to investigate fairly and thoroughly and collect all evidence, whenever for or against the suspect. Protection of the society being the paramount consideration, the laws, procedures and police practices must be such as to ensure that the guilty are apprehended and punished with utmost dispatch and in the process the innocent are not harassed. To achieve this objective, the investigating officers must be properly trained and supervised and necessary scientific and logistical support should be made available to them. The police perceive themselves psychologically and morally bound to do everything possible to curb crime and investigate the cases successfully to meet the peoples’ expectations. In this process, the police often resort to short cut methods and exhibit negative traits of police sub-culture, namely, rudeness, use of third-degree methods, defensiveness in the face of criticism, lack of innovativeness etc. Now-a-days in India Criminal Justice System is much affected by delayed disposal of cases. Pubic has now completely lost its confidence in law and criminal law has lost deterrent effect over prospective criminals resulting into increase in criminality in society giving rise to crime waves and ultimately the common citizenry is fearing of crime victimization. There are many reasons for delayed disposal of criminal cases, one of most important reason is that the investigating agencies are not investigating the cases promptly and effectively. Longer time period consumed during investigation is most important causation for delayed disposal of criminal cases. Pradeep Singh, ‘Delayed Investigation and Criminal Justice’, Civil & Military Law Journal, Delhi, Vol. 45, Jan-Mar, Apr-June, 2009, p.42.

Criminalization of politics is a vital topic to be discussed in any democratic platform. This issue is on focus every now and then. The Government and the governance system’s credibility is questioned. Sometimes the government loses its legitimacy and authenticity due to the involvement of persons with criminal backgrounds. The frequency with which alleged or convicted criminals manage to gain public office threatens the ideals and the functioning of the Indian democracy. The members of the legislature are expected and directed to represent vicariously the aspirations and concerns of the people whom they represent. Hence it is important for the legislature of a representative democracy to be a true reflection of the aspirations and dreams of the people and also to be fair, honest and accountable to the people they represent. But nowadays India is witnessing a crisis of empathy, quality, fairness, equality etc. amongst all the chosen MPs or MLAs. Not only is there a serious question of propriety lying over the fairness of electoral procedure followed, an even greater concern lies in the kind of people who are entering the polity of India. India stands witness to an alarmingly high number of people with criminal background who have polluted Indian polity. Several government-appointed Commissions have already made clear recommendations for electoral reforms, but the political will to implement these recommendations in letter and spirit is lacking. We have allowed criminalisation in politics to go completely unchecked. The numbers are appalling. In the Lok Sabha, 139 of the 539 members elected in 2019 had been charged with serious criminal offences such as murder, rape and dacoity. This paper discusses about the meaning of criminalisation of politics, reasons for criminalisation, consequences of criminalisation and the role of legislations and judiciary in decriminalisation of politics in India

Coronavirus surfaced in China in December 2019. Fast forward a few months, it had become a pandemic and WHO named it ‘COVID-19’. In an attempt to control this virus, the act of quarantine and the global lockdown has strictly been recommended and ardently followed worldwide. It was also accompanied by digital surveillance to gain accurate ground-level information. WHO also provided guidelines for health-related surveillance. Comprehensive surveillance, Sentinel syndromic surveillance, Hospital-based SARI surveillance, Mortality surveillance, Virological sentinel surveillance, are some of the methods, to name a few. With the advancement of time, voices were heard citing the dangers associated with rising surveillance. The Right to privacy is a fundamental human right under International Law. The Right to Privacy for an individual is the right to keep secrets or obscures elements of their life from the public at large. It is a part of domestic law in many countries. The companies must also provide a way in which customers can review the data collected about them and control their usage. The right to privacy was held to be a fundamental right in India by nine judges of the Supreme Court in the celebrated judgment of K.S. Puttuswamy v. Union of India. However, these rights have been blatantly violated in many jurisdictions by governmental and private bodies. This paper analyses such violations and tests them through the lens of privacy laws. The conclusion is reached that surveillance measures must be least intrusive and should not be at the cost of basic human rights and must be time-bound. States must also ensure that data collected through apps should not leak to the outside agencies and peoples should have a say in their data that how and where it should be used or what they want to do with their data collected

Public masturbation has been an issue long ignored and strategically side-lined due to its pervasiveness, by the law and the society, in spite of the large perpetration rate it bears in India. Although ubiquity stresses on the need of a remedy, yet no recognized legal category has been in place exclusively for Public Masturbation. This can be attributed to the reality of women’s sexual treatment by men. Offences like that of public masturbation usually are not only large in number, but have far reaching results. Public Masturbation resembles the conduct prohibited by certain sections of the Indian Penal Code, 1860. Yet, by the absence of the effective usage of laws and the frivolous and unconcerned attitude towards public masturbation as a crime, it becomes imperative to understand its frequency in India and the slow application rate of a bunch of laws which do not directly target the issue. This paper aims to broach this recurring subject and analyse the application of laws which encompass indecent exposure along with other relevant charges. Further, it seeks to analyse the medical conditions of public masturbators by the virtue of which they are inclined towards masturbating in public. It also studies the Hobbesian Perspective on Street Harassment and its relation to the crime of public masturbation. It also analyses the perspective of minors and LGBTQ as victims of public masturbation. The paper adopts the doctrinal method of study to analyse and comment on the efficacy of the existing laws. The paper concludes that the current scattered laws are inadequate to curb the issue by citing various incidents of public masturbation in India

“The patent scheme has historically been used for mechanical instruments and the like. Including the use of a patentable biological substance. Disputes over their artistic status and private control and monopoly over life, per se, arose. There is a controversy as to whether modern technical developments mandate a new patent system. The problem was not between living and inanimate objects but between products of nature, whether living or not and innovations created by humans. Even today, ethical issues are constantly expressed, but they are much less vociferous. According to patents, the European system exhibits a disciplined but inclusive regime for correct biotechnology and its various progenies. This position is contradictory to the American law on patents, which is stripped of any such moral clause. The patent regime in Europe is all inclusive. As regards bio-patents, the European clause was liberal and stemmed a great deal from the TRIPS Agreement. The aim of this paper is to raise the question of non-obviousness in US patent laws and EPO laws and to find out how straightforward they are in dealing with or granting a patent on subjects relating to biological objects or living organisms. In addition, in this paper the writers will also concentrate on the fundamental notions of novelty, usefulness and genetic modification with regard to the award of patents or the non-obviousness of biological processes.”

Duress as a defence has been a contentious one for decades now. Under section 94 of the Indian Penal Code, murder and offences against the state are exceptions under the defence of duress. This paper discusses the moral and legal standing of such an exception. Certain jurisdictions in Australia have granted the defence of duress in a case of murder contradicting the age-old rationale that no person is allowed to take the life of another. This high moral standard attached to the defence of duress gives rise to the ‘victim-victimizer’ paradox. A person under duress is expected to display the quality of ‘heroism’ by sacrificing his own life to save that of another whereas in every other aspect of criminal law a person is only held to the standard of a ‘reasonable man’. The paper argues that although acquitting the accused under such circumstances may widen the ‘moral-legal’ gap, the defence od duress must be accepted to reduce the crime of murder to culpable homicide.

This Research paper focuses to initiate a discourse on a critical analysis of the recently introduced three Farm Acts in September 2020. In view of a dire need for reforms in the agrarian sector, these three Acts were recently passed with the objective of development of the agrarian sector and welfare of the farmers in India. However, in the event of receiving strong opposition, the fundamental question that arises is whether these reforms will result in the welfare or only add to the misery of the Farmers. The reforms prima facie appear to be beneficial on paper but then what led to the massive protests and such opposition. The paper seeks to analyse the far-reaching implications of these reforms. With due analysis, it can be observed that the recent reforms that look like a blessing might actually be a dilemma in the long run. The primary contention that arises is regarding the fate of the concept of MSP and the existing government-regulated AMPC when the private players enter the agricultural market. The paper seeks to highlight the suggested recommendations to escape the predicament after due analysis of the likely adverse implications of this enactment.

The paper starts with a brief insight into TRIPS and the problem concerning the hierarchy that exists in their system of the protection of Geographical Indication. Then, it discusses the history of how Geographical Indication laws came to India, in the form of a Sui generis system. Further, it provides a fair overview of the functioning of such laws in India. Next, it will elucidate the case study of Darjeeling Tea by explaining the various factors that are responsible for giving it a distinctive quality, the reason why they require protection, and the steps taken to provide such protection at both the domestic and international level. After this, I'll go on to explain the challenges that India faced during the protection or enforcement of Geographical Indication in India as well as foreign jurisdictions through several examples. Lastly, I will provide a comparative analysis of these challenges with a deliberation on the situation in the European Union and show how it, also being a Sui generis system, faces the same issues in protecting their Geographical Indications outside European Union.

Gone are the days where only men were the breadwinners of a family. With opportunities expanding and people moving forward into a contemporary world, gender disparity regarding employment has become a thin line. We are in an era where both men and women work for a living and contribute to their family. Women are now coming forward and stepping into powerful positions and leaving their marks in various industries. However, there are many issues that demotivate women from coming forward. One such major issue is the absence of a healthy and safe working environment. Sexual Harassment at Workplace is a violation of a woman’s fundamental rights under Article 15, 19 and 21. It makes a woman insecure and causes severe mental trauma which in turn makes her quit the job or affects her self-confidence. Women are not sex toys for pleasure or the weak vulnerable section of humankind, but years of the patriarchal system that silenced women have resulted in women being subject to such exploitation. The modern era has seen a very dynamic and vocal community of women aware of her rights. The film industry is one such industry which has seen such volatile political movements against sexual harassment. The film industry is one of the largest industries in India which contributes greatly to the economy. Through this paper, we aim to analyse the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in the Indian Film industry.

Live-in relationships are not very common in India especially due to the social taboo that is ingrained with it. However, due to modernization and adoption of western culture is we can see more and more people opting for live-in over marriage. As the cases of live-in increase, so do the issues related to it. So, it becomes important for the courts and the legislature to take up the matter impartial from any traditional social opinion. The courts have decided that couples living in live-in relationships will be presumed legally married provided it is not a walk-in-walk-out relationship. The law held that live-in relationships are legally valid and the partners enjoy all kinds of rights which the married couple does. For example, the right to maintenance, property rights, etc. The supreme court in the case of Dhannulal v. Ganeshram (2015), decided that a woman in a live-in relationship would be eligible to inherit the property after the death of her property. Further, it was held in the case of S.P.S. Balasubramanyam v. Suruttayan (1994) that, “if a man and woman are living under the same roof and cohabiting for some years, there will be presumption under section 114 of Indian Evidence Act, 1872, that they live as husband and wife and the children born to them will not be illegitimate.” It was decided in the case of Revanasiddappa v. Mallikarjun (2011), that the child born out of such a relationship is innocent and is entitled to all the rights and privileges available to children born out of wedlock. This is the crux of section 16(3) of the amended Hindu Marriage Act, 1955. Observing these cases, the topic aims at analyzing the rights which a partner in, as well as the child/children out of a live-in relationship, holds upon the property.

Internet today has become an inevitable part of our lives and it is difficult to imagine a life without the internet and social media. With the growing technology, fast spread of mobile information and social media, our lives have become dependent on online media for all the information and also provide platforms for easy communication across the globe. Technology while providing so many advantages poses threats to individuals and social media has become a haven for the criminals as it has given rise to crimes committed in the online world. The latest form of social media is available to all and there is no person left who is not astonished by the perks of the internet. The major reason behind the popularity of social media is that of anonymity and also the creation of a virtual world where people can share information, exchange pictures, become friends, play games, fall in love, fight etc. without having actually met. However, infringement of privacy has become common especially in cases of women where personal information like name, address, location, photographs etc. are misused by the offenders. The factor of anonymity and fakeness in social media and the jurisdictional issues has hiked the cyber violence amongst individuals of all age groups and poses a problem at a global level. The threats posed by social media can be seen on the security, privacy and also on the dignity of an individual. The paper discusses the influence of social media on the youth and the reasons for the growth of cybercrimes on social media. The paper also discusses the common type of cybercrimes taking place in social media and to analyse the role of law to identify and prevent cybercrime with the use of social media. The paper also recommends some steps to create awareness amongst the youth of the nation about the consequences of cybercrime holistically and efficiently

Colloquially known as the ‘NALSA judgement’, on April 15, 2014, a two judge bench of the Supreme Court of India accorded an ironclad judgement which settled an extensively debated and what was considered to be a very precarious legal dispute in India. This judgement has its own compelling value because it engaged in the area of law that was still vague and ambiguous in almost all countries around the globe. The word “transgender” – or trans – is an umbrella term for people whose gender identity is different from the sex assigned at birth. Being extremely diverse, certain Transgender people identify themselves as male or female where some identify themselves as genderqueer, non-binary or agender. While pondering over the question of the state of Transgender people, it is conclusively visible that they are constantly prone to chronic discrimination, social stigma and prejudiced inequality.

Blockchain is a sophisticated bookkeeping technology which can effectively record transactions between two parties in a peer-peer network. Blockchain introduces a new regime of online transactions through a network of participants rather than through a centralized computer in a traditional computer-based ledger system. This technology is foundational in nature. Therefore, it has various applications by way of cryptocurrencies and smart contracts among others. However, due to its unique nature, Blockchain also faces numerous legal issues. This article attempts to trace and analyze the legal implications in the adaptation of blockchain technology.

The researcher aims to analyse the question of whether pornography amounts to violation of human rights from a jurisprudential and legal perspective. The common definition of Pornography is that it is a “printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate sexual excitement”. The definition of pornography itself is debatable as an attempt to define it has major social and legal consequences. The word ‘pornography’ is known to have Greek origin and is similar to the word ‘pornographos’ which means “the depiction of prostitutes, describing the life, manners, and customs of harlots and their patrons”. While analysing the concept of pornography as a right, it is curtailing a person’s right to freedom of speech and expression and right to privacy. But another perspective to be looked into is the obscenity of pornography that opposes the public policy by leading to harm to women, as a result of which it is debated to be essentially right to criminalise pornography because to preserve and maintain public morality and decency. The second aspect the researcher aims to analyse is how pornography is violative of human rights as it holds the potential to influence human behaviour leading to sexual violence in society especially to women. There is an increased demand by the public on account of violence to women to regulate pornography based on the perceived harm it inflicts on women. Pornography is considered to be a tool that portrays the domination of men over women and hence violating the equality of rights among them. The researcher in this paper mainly wants to draw out an analysis for and against pornography, violation of women’s rights and a concise picture of pornography law in India

The pandemic had a very bad impact on everyone on each and every country on this earth but the worst impacted were the poor children who migrated from their villages to the towns with hope of a brighter future. The pandemic had impacted these poor kids in many ways and not just financially. The paper will also throw light upon certain provisions like constitutional provisions, national legislations and international laws which were introduced by our country in order to eradicate the exploitation of migrant child labour. further, it will also discuss about, how the situation and the failure of the system is leading to violation of rights of such children. At last, there will be general ways through which government as well as the citizens to contribute to help such migrant children during the adverse phase of the pandemic.

Indian Penal Code, 1860 incorporates many fault elements (mens rea) like intention, knowledge, rashness, negligence etc. but does not define them. Intention being one of the constituent elements of crime lacks a concrete definition. Many offences under Indian Penal Code, 1860 require intention as mens rea to be proved but it is nowhere defined in Indian Penal Code, 1860. The task of defining intention is therefore assumed by the Courts. It is important to give Intention a concrete definition to prevent any kind of ambiguity. In other jurisdictions, attempts have been made to give intention a concrete meaning and definition. Motive also being a mental element is made irrelevant for determining the culpability of the offender. There is an argument to this effect that it is impossible to form intention without the existence of motive. Hence, this paper is aimed at exploring the attempts made in different jurisdiction in order to give intention a concrete definition. Also, this paper examines the reasons as to why motive has been made irrelevant when it is impossible to form intention without motive.

Over the past few years, attention has significantly shifted to the influence that gender diversity has on the efficiency of corporate governance and how it is imperative to boost productivity and social compliance, thereby increasing firm value. Despite such increase in the need of a gender diverse board, a number of Asian countries including India, fall below the average indicator for female representation on boards. The reason for such underrepresentation is manifold for India. There is an increased need to look at the social and economic factors that impact gender bias and stereotypes and hence leads to a predetermined notion of gender-based work roles. The uprise in the number of female board members in Indian corporates was visible after the implementation of a legislation mandating a quota for such representation. But it subsequently became stagnant, making the regulatory mechanism inadequate to cater to the need of a gender diverse board. Also, compulsorily pushing companies through legislation may not have helped us reach the goal. This article analyses the important role regulators, institutional environment, companies and investors together play in diversifying the corporate boards. The article also analyses the need for a more inclusive structure, which will include social, cultural and economic factors in determining an equal representation of women on corporate boards.

The article focuses upon the right of patent. It talks about brief history and emergence of the legislations related to patents in India. It also focuses upon the objective behind the patent laws. The article inquires the legitimacy of rights and compares its application in different countries through WIPO & Patent Cooperation Treaty. Patent not being an absolute right, has some criteria for the patentability of the product or process which is also discussed in the article. For clarity in the subject, special reference is given to the important cases through which India realized more about its traditional knowledge and intellectual property

Derivatives markets generally are an integral part of capital markets in developed as well as in emerging market economies. These instruments assist business growth by disseminating effective price signals concerning exchange rates, indices and reference rates or other assets and thereby render both cash and derivatives markets more efficient. These instruments also offer protection from possible adverse market movements and can be used to manage or offset exposures by hedging or shifting risks particularly during periods of volatility thereby reducing costs. By allowing for the transfer of unwanted risk, derivatives can promote more efficient allocation of capital across the economy, increasing productivity in the economy. The paper describes the types, evolution ranging from L.C. Gupta, Securities and Regulation Act, Foreign Exchange Management Act regulations, Security and Exchange Board of India guidelines to the ones under the Reserve Bank of India. It also gives a critical analysis of how the Over the Counter system is different from the other centralized models globally. Based on the practices prescribed by the International Organisation of Securities Commissions, the Indian and international systems are evaluated on market efficiency and integrity, consumer protection or fairness of regulation and finally on financial integrity regulations. Moreover the policy issues with the Indian system, recent developments in this area along with suitable recommendations have been provided for the way forward.

India is a diverse country not only based on territory but also based on religions and cultural groups. Our Indian Constitution provides secularism in its Preamble and Implementation of a Uniform Civil Code under the Directive Principles. One aims to protect freedom of professing and practicing any religion and the other aims to safeguard the right of equality and the basic norm of justice. There has been a dispute on these matters and rights since the inception of the Indian Constitution. The lawmakers aimed to protect every right by successful codification of all the laws. After the codification of Hindu Laws, the disputes arose and a need of codification of the laws of minority communities was sought to be achieved. Interpretation tools give a complete understanding of the provision, its applicability and viability in a particular legal system. The research paper aims to analyse the need of a Uniform Civil Code by using the rules of interpretation, legal maxims, and external aids. The researcher has also aimed to determine the scope of a UCC and its chances of being implemented. It is next to impossible to implement a Uniform code keeping in mind the religions and their interests. Thus, a mid-way of making changes ‘within the religion’ is sought to be achieved

The covid-19 virus has severely hit the global economy including trade. To curb its spread, world economies haphazardly implemented nationwide lockdowns which ultimately lead to a dramatic decrease in supply and an enormous upward shock in demand for “pandemic-special goods”. The virus gave rise to an atmosphere of panic, fear, and uncertainty and prompted nations to hoard goods like medical equipment and supplies on a wide scale and started putting in place various export prohibitions and restrictions which shook the foundations of world trade. Export Bans have serious consequences, especially for poor countries who are rendered incapable of securing essential products handy in combating the virus for their people. Examining the current WTO and GATT laws, unilateral imposition of trade restrictions by a country is within the ambit of such laws. However, what is disturbing is the lack of cooperation in the international community and disregard for import-reliant countries while introducing such restrictions. This paper aims to highlight how export restrictions negatively impact global trade and the economy. It would also discuss the inadequacy and loopholes of international trade laws to address a pandemic like situation and additionally, how the WTO and international community can avoid such a scenario in the future.

This article verifies the Migrant workers' present status in India and looks back into the evolution and the very idea behind migrant labour. Initially, the concept of migrant workers seemed to be beneficial, but later there had been certain repercussions. The article focuses on such consequences faced by the workers, the work conditions under which the migrant workers are made to work, and their facilities. The basic idea behind writing this article is to bring out the issues and challenges faced by the migrant labourers and to what extent the idea of economic growth has become fruitful by adopting the concept of migrant labour. In the later part of the article, the researcher states about the laws under which the fundamental rights and Human Rights of the Migrant are protected, i.e., its practical implications. Emphasis is put on the upliftment of women migrant labourers, the work conditions they are put to, the discrepancy in the wage rate, the nature of work, and the hygiene facility provided to women migrant workers. In this paper, the researcher also highlights the condition of the migrant workers' children, where mostly it is witnessed that they are brought up in a miserable condition and are deprived of various facilities. The paper discusses the status of Migrant workers before the Covid-19 pandemic and the hurdles faced by them in terms of wages, working conditions, nature of work, and various financial and medical crisis the workers had to go through the post the outbreak of the pandemic

Every man who puts in his effort, skill, labour, and capital would want to protect it as its own contribution, and sometimes an author of the work would also like to be known for his work. especially, in case of literary, dramatic, musical, artistic work including cinematograph film and sound recording. The author is given protection for his work under the Copyright Act but is subject to an exception called" Fair dealing”. the main objective behind this exception called "Fair dealing "is for the public benefit. Fair dealing ensures that the copyrighted work is protected, and at the same time, the public gets benefit by providing the new upgraded talent and information to the researchers, students, etc. However, this exception is called Fair dealing in India and Australia, whereas in the united states, it is known as Fair use. This article focuses on the exceptions to copyright infringement in India, Australia, and the United States. The article mainly highlights the factors that need to be considered while determining the use to be fair. This paper also deals with the provisions of the doctrine of fair use and fair dealing in the Indian, Australian and united states copyright act

Cyber-squatting is a general practice where companies desire to obtain domains names which are easily identified with their established trademarks. It is an extremely crucial domain dispute prevalent across the globe. Looking from the Indian perspective cyber-squatting has been prevailing since the rise of internet in the subcontinent. Courts in India has dealt with cases related to cyber-squatting, as of now there is no such law in India which prohibits cyber-squatting. India needs drastic measures for reframing the laws in order to bring into account the internet reality. One way is by strengthening the domain dispute and brand protection laws which result in greater confidence among foreign investors and will led to go a long way in affording greater development for India.

India ranks third amongst the countries where a maximum number of rapes happen, just behind the United States of America and Brazil. According to National Crime Records Bureau Data around 34,000 rapes happened in 2018 alone, which means one a woman was raped every 15 minutes and the conviction rate was 27% and it is believed that 54% of cases are still not reported. According to a study by the United Nations, only 11% of rape cases in India are reported. In this scenario it is very important to be legally aware of the 6 rights of a rape victim: Right to Zero FIR, Free medical treatment even in any private hospital, No two-finger test during the medical examination, Harassment free and time-bound Police Investigation, Trial with full dignity, speed and protection, and Right to compensation.

Crime amongst females in India is the most overlooked area of the criminal sciences. Women are perceived as somebody who preserves the traditions and laydowns the foundation for a happy and prosperous life for her family. But the present decade witnessed a drastic change in women. As women has stepped out, their role as criminals have also increased. It is true that in the past women were less likely to commit crimes as compared to me. But the same cannot be applied today’s generation. The lack of scientific attention to the problems presented by women offenders is probably due to the presumption of small number of women committing crimes. Women, however, represent about half of our population and live under conditions that may often protect them against the detection or prosecution of crime. Moreover, it is found that the role of the opposite sex in a women’s life is an important factor as to the development of criminal tendencies among women. These conditions suggest that criminality among female deserves more research interest than it has received, no matter how small its numerical importance may appear based on criminal statistics taken at their face value

The acquirer purchases the business from seller in exchange of grand amount. But, what happens if the seller rebuilds new business with the same methodology giving highly competitive edge to the acquirer? For such instance non-compete restrictions come into existence. Unfortunately, in India these restrictive clauses were anti-competitive in nature according to Competition Act, 2002. Because of this the acquirer was unable to confidently step into the shoes of seller. Thus, very recently the clause became enforceable and competition commission issued guidance note laying down duration and approved self-assessment scope of non-compete restriction considering duration, subject matter and geographical limitation. In the paper the author endeavors to systematically analyze topical relevance of non-compete clause by narrating the following details interplay role of NRC in M&A, exploring the scope, decoding past judgments, risk reducing advice for companies, analysis and conclusion. Keywords – Competition Commission of India, Guidance Note, Non-Compete Restriction, Merger and Acquisition, Competition Act 2002, sec 27 Indian Contract Act

The Gita, a book which has several interpretations. It is one of the oldest scriptures in the world, yet its teachings are so relevant and refreshening even today that it contains solutions to the most intricated problems of modern lifestyle. From private life to public life affairs, from health to environmental issues, most of the key worries of human life can be resolved, if its teachings are followed and implemented in its true sense. In the present article, these teachings have been interpreted to provide solutions for policy issues. Where, in the present time, the corruptions and discrimination has become a reason of plight in almost every society, in thousands of its forms. And, where, the whole world is suffering from these vices, The Gita provides the sigh of relief and a way to light. How Gita can help in maintaining rule of law, public order, and morality in the present time has been discussed in the present article. As morality and decency are the terms that have always been looked as part of Natural Law, so the term natural law is also discussed in brief with the help of already existing literature. At the end of the article, support has been taken from the critical thinker of Natural law, Emanual Kant whose teachings have the same basis as of Gita’s. The teachings of both relies heavily on Conscience and reasoning.

When an Investment Corporation treaty with the Brazilian president, Jair Bolsonaro, joined hands with India for corporation in the fields of oil and natural gas, cyber-security, science & technology, health and traditional medicine etc. In addition to this treaty, India opened up its market to allow 100% FDI in coal and Lignite along with offering 100% acquisition of Air India at the World Economic Forum. This treaty had a global recognition because India for the first time officially disregarded the Investor State Arbitration and thus India changed its approach from an investor protective dispute resolution mechanism to a whole different approach of resolving disputes by completely following the Brazil Model BIT. In this article, a comparative analyses has been done between the India Model BIT and the Brazil Model BIT and analyzed as to how there has been a dynamic shift in the Dispute resolution mechanisms all across the globe along with an Indian perspective. This paper has also discussed the provisions of the India-Brazil BIT which act as a paradigm of change in Investment Arbitration such as the constitution of a joint committee, a provision for state-state arbitration, dispute prevention mechanism and the prohibition on the tribunal to pass a compensatory award. Then a comparison has been made between State-State Arbitration and Investor-State Arbitration which is continued by a critical analyses on the whole Dispute prevention mechanism which has been adopted by the India-Brazil BIT. The article has been analyzed from a practical perspective and an alternative framework has also been recommended. It recommends various alternatives in case the Dispute prevention fails to prevent the disputes altogether as there hasn't been an alternative provided in the treaty as even the Arbitral tribunal has been only empowered to pass an award of interpretation of the provision and not a compensatory award which could have a deep impact on the investor.

Laws are the guiding force which enables a person to distinguish just from unjust. In lieu of maintaining law and order it is of paramount importance to inflict penalty on revolting, undesirable and infamous people who aim at disturbing the equilibrium of the state by their atrocious activities and to augment societal values. In India, the Indian Penal Code, 1860 aesthetically defines and grades various offences on the basis of the gravity and impact that an offence can have on the society. The Section 53 of the Code construes the kinds of punishment to which an offender can be charged with and these punishments derive their efficacy from deterrence, reformative, preventive, and retributive theories of punishment. Capital punishment is the most stringent punishment described in the Code, which is reasoned to effectively deter a man, which no other punishment is capable of. A substantial change in 1955 was mandated, after which the courts had to record reasons for awarding death punishment. Its constitutionality has been challenged at numerous times and one such instance led to the genesis of the doctrine of rarest of rare cases. The Capital Punishment is criticised on grounds that it is ambiguous, inhumane, ignites revenge and affected by the subjectivity of the bench deciding despite that it is inflicted only in the most barbarous, cold-blooded, and gruesome offences. However, the consequences of putting a blanket ban on capital punishment will render the State incapacitated to take requisite steps in case a rarest of rare cases surface.

This article has outlined the facts with regards to the execution of Journalist, Mr Jamal Khashoggi who was killed inside Saudi Arabia’s consulate in Istanbul, Turkey on 2nd October, 2018. Author, in this article has attempted to analyse how this premeditated plan of killing in a consulate has favoured the smooth accomplishment of Saudi Arabia’s plan and what are its obligation in planning such a killing. In this article the author has also discussed the role of United Nations in such a case where international laws were violated and why Turkey and USA are also to be blamed for the successful execution. Latter part of the article discusses the faults in the ongoing trials of those who are charged and the possible remedies.

As per the 2011 census, there are over 480,000 transgender people in India. Trans gender persons are the most marginalised and vulnerable group within the LGBTQ community. Transgender persons have historically faced a range of discrimination by the State and citizens. The society, often, fails to realize and care for the trauma, torture and pain which the members of transgender community go through. Transgender persons have been routinely criminalised, discriminated against, deprived of access to education and employment. They had to bear the brunt of criminal threats as they were on the streets forced into begging and sex work. They have faced sexual and physical violence, even been killed due to their gender choices. To protect the trans community from the historic abuses the Transgender Persons (Protection of Rights) Bill was introduced by Ministry of Social Justice and Empowerment on 19 July 2019. The Bill received presidential assent on 5 December 2019. The Act came has been in effect since 10 January 2020. The 2019 Act and the immediately preceding 2018 Bill, were both preceded by a 2016 version. They were met with protests and criticism by transgender people, lawyers, and activists in India. The government 2016 Bill was sent to a standing committee which incorporated, the Supreme Court judgment on National Legal Services Authority v. Union of India (2014), in its recommendations. The NALSA judgment and Standing Committee report tried to provide a “comprehensive approach”. They have mentioned transgender community ranging from social stigma, discrimination, public health care to employment opportunities, issue of various government documents. Unfortunately, the Act ignore many recommendations of the Standing Committee. It also fails to accommodate the Supreme Court directions. As a result, it caused outcry among the transgender community, lawyers and activists in India. In this article the researcher tries to analyse the loopholes of the Act and why it is failed to stand up to the expectation.

Constitution is a living document, an instrument which makes the government system work. Its flexibility lies in its amendments. In this project, the text of the Constitution of India has been brought up-to-date by incorporating therein all amendments made by Parliament up to and including the Constitution (Ninety-Fourth Amendment) Act 2006. The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. The text of the Constitutional Amendments relating to the Constitution (Forty-fourth Amendment) Act, 1978, the Constitution (Eighty-Sixth Amendment) Act2002, and the Constitution (Eighty-sixth Amendment) Act 2003, which have not yet come into force, have been provided in the text at the appropriate places. The project also discusses the important cases like Kesavananda Bharti Case, Woman Rao Case, Golaknath Case etc and hence it gives us the full information about the constitutional amendments and its limitations in India and how the Constitution of the India works following the general principle of the Constitutionalism in the Constitution of India

The Research Work mainly talks about the History of the Judicial System in India and how did it evolved and talks about the evolution and transformation by the British Officials in the Indian Judicial System. The Research Work mainly focuses on the evolution of Civil Laws, Criminal Laws and Personal Laws during the time of the British in India and how they implemented their own policies through these laws and used to govern the British India (British India has been used in the preface because earlier India was a part of the British and did not have its own independent judicial laws.) Still Indian Judicial System works on the principles and laws which were formed by the British Officials when they came to India as traders but later become the rulers of the country. The prime focus of this research work is to know in depth about the civil law, criminal law and personal laws during the British Era in India and what all evolutions took place in these over a period of time.

The Right in the direction of privacy means that one’s information is not subjected to community examination. In the recent landmark case the Hon’ble Supreme Court of India got a prospect to deal with two main reproductive rights issues relating to surrogacy and reproductive freedom. The Supreme Court has held that right to privacy is a fundamental right and a woman has the right under Article 21 to make her own reproductive choices whereas the Medical Termination of Pregnancy Act places the choice of abortion within the fulfilment of the medical practitioners. There are various privacy concerns implicated in the process of surrogacy. In this milieu, the research paper proposes to study and discuss various privacy issues triggered in surrogacy. The author would further explore the validity of the medical termination of pregnancy act in the brightness of the Supreme Court judgment on women's right to reproductive choices and provide suggestions for reproductive justice of women. The paper aims to provide and highlight the International conventions and instruments in respect to Universal declaration of Human Rights and Women Convention on the elimination of all forms of discrimination against women

This paper talks about depth the theories of Universalism and Cultural Relativism for the purpose of finding out the nature of Human Rights. However, the primary focus of this paper is to put forth instances of Woman’s Human Rights being violated due to certain cultural practices of Female Genital Mutilation, Polygamy and hence based on these grounds refrain from the incorporation of the theory Cultural Relativism

In recent times, the UAPA and Sedition laws have been used against journalists, politicians, and students who criticize the central government or its leaders. This article discusses the Unlawful Activities Prevention Act before and after the 2019 amendment, and the Section 124A of the Indian Penal code that criminalizes Sedition in India. This article throws light on how the central government under the UAPA has the power to (A) Label an INDIVIDUAL as a terrorist (B) How the REVIEW COMITEE (established under SECTION 37) for reviewing the decision of the Central government is constituted by the central government itself, and also about the abuse of Section 124 A by Private citizens against people who criticize the central government or its leaders through speeches, tweets, or other forms of social media posts. Most people charged under this section have no prior Criminal record and are often acquitted by the court. However, people are subjected to long pretrial custody and expensive legal battles. Data from National crime records bureau have been cited as evidence. Recent cases after the NCB report of 2019 was published too have been cited. The article concludes with a quote from a Special Rapporteur criticizing the actions of the government, and how these laws could threaten democracy in the future

World has not been the same since the dawn of last decade. With increasing number of cross-border transactions international commercial and investment arbitrations have also increased concurrently. Arbitration is more efficient and time saving procedure (compared to domestic jurisdiction), but various expenses such as legal fees, arbitrator’s fees, attendant costs, venue costs, regular fees, miscellaneous expenses etc. makes arbitration a difficult process for parties. In order to help the weaker financial claimants, the concept of third-party funding came into existence. Third party funding is a concept in which a party which has no prior interest in the legal dispute provides finance to one of the parties with a hope getting a share in the damages awarded or a part of the settlement. The evolving phenomenon of third-party funding has taken the legal world by storm. However, it is important to note that India has been silent spectator with regard to this issue and continues to maintain the same stance. While many developing countries have made changes in their legislations in order to accommodate this process, India is yet to make a move. In this paper we have a discussed the concept of third-party funding in detail along with its pros and cons, practices in foreign countries and the status of third-party funding in India.

With the growing threats to national security, interest etc. often measures are adopted by the state to address these concerns by intercepting information, placing the privacy of citizens at a risk. While the technological revolution already continues to threaten people’s privacy, surveillance further reduced the notion of ‘privacy’ to a myth. This paper seeks to resolve the constitutional obfuscation of privacy as a constitutional right and surveillance by state as a reason for its breach. The paper first traces the evolution of the concept of privacy in India and in US, both jurisdictions where the constitutional right of privacy is a result of judicial construct. It then examines the essence of privacy as a right as it exists in India and the US by delving into the interpretation of ‘privacy’ and statutory provisions supporting privacy in both the jurisdictions. The paper analyses the conflict between surveillance and privacy by examining the surveillance laws in India and US. The paper highlights the existing judicial safeguards which if extended to all surveillance measures, create a model surveillance framework that serves the interest of national security perfectly and also limits the extent of surveillance to only that which is justifiable. The paper also examines the Personal Data Protection Bill,2019 and its potent role in reconciling privacy and surveillance.

This research paper deals with the trademark’s infringements specifically in the e-commerce circle. Generally, the e-commerce industries evolved during the late 20th century, and it was the time where even many people didn’t even used the internet in many developing countries. The infringement of trademarks was seen as a common problem in offline shopping. Counterfeited goods can be easily found in the local markets even now with a low price in many developing countries. Still, the irony is even in this era of advancement of technology and more usage of the internet in this 21st century, many counterfeited consumer goods were found on online shopping websites. It needs to be prevented efficiently through due diligence obligations. The online business has paved an easy and straightforward path for infringing the trademark in the e-commerce sphere. Nowadays, e-commerce websites are assisted with artificial intelligence software, which sometimes recommends counterfeited goods to the customers. This leads to the question of liability for the infringement of trademarks. The e-commerce websites worldwide are just one of the platforms of shopping that must always be under the security check of the law enforcing authorities to prevent the infringement of trademarks

In our daily lives, ‘limitation’ is the word that always refrains a person from doing things that are not to be done, and when we analyze the origin of Law, it is always observed by some of the famous jurists that Law evolves from the society. Doctrine of Res Judicata is also a form of limitation that is based on the constructive idea that prohibits the re-adjudication of any matter i.e. to Bar re-litigation of a case which is decided in the most legitimate manner. The aim of this article to acquaint the reader with the idea of Res Judicata in toto and its application in Indian laws with special reference to the Code of Civil Procedure, 1908

The Indian Contract Act, 1872 is the administrative law for the contracts. It includes various provisions relating to definition, formation of contract it’s procedure, essential elements, termination and various other provisions are included in it. Under the Act the meaning of the contract is given as, “Contract is an agreement which is enforceable by law”. So, first of all to form a contract there much be an agreement and for agreement there must be promise or a set of promise, acceptance, lawful consideration, competency and a legal intent. Therefore, these all are the essential elements of the contract, these elements play a most important role in the formation of a contact under the Act. An offer shall be made by either of a party and when that offer is accepted by the other party with a promise to something by taking a valid consideration then only it will become a valid agreement. When all these essential elements are fulfilled in an agreement it can become a contract, which is enforceable by law. All contracts are agreement but all agreements are not contact.

In a very famous speech given by the former and the first black president of South Africa, Mr. Nelson R. Mandela, he quoted, “Education is the most powerful weapon which you can use to change the world.” Indeed, education can transform one’s life and nation completely, getting inspiration from different parts of the world, say as Japan who fought its way through the deadly nuclear attack through education and is the only developed nation among the Asian countries presently. Being evident in the fact that how education can change the lives of the common man, in the sector of health, employment, trade, and arm-forces, etc. We will try to analyze the Educational Sector Budget of the financial year 2020-21 with graphs and the empirical research method, we have conducted an online survey, with professionals and students which is based on observed and measured phenomena that are qualitative and quantitative and derive knowledge from experiences rather than theories.

Plodding but palpable and perilous decline of tangible liberal democracies and they being steadily swapped by authoritarian governments, in the veil of popularist and national liberals, is a deplorable but unpreventable state of affairs in this day and age. The predicaments in non-partisan egalitarianisms is often seen through the most prevalent prism is the concept of ‘populism’. The involvedness and heterogeneity of populism makes it problematic to generalize about its insinuations for democracy in contemporary period. Individuals have turn out to be ‘more cynical about the pre-eminence of democracy as a politically aware arrangement, less hopeful that anything they do might influence public policy, and more enthusiastic to express support for authoritarian alternatives’

“No legal system can maintain justice unless every participant magisters, prosecutors, Legumes, defendants, witnesses, all risks life itself in whatever dispute comes before the bar. Everything must be risked in the Court arena. If any element remains outside the contest and without personal risk, justice inevitably fails.” ― Frank Herbert, The Dosadi Experiment. The Novel Coronavirus or the COVID 19 has wrecked down the across late since the year of 2019. The transmission of the disease harmed more about 200 different countries which affected economical, social, and physical realities. This infectious virus to which there is not a known vaccine or an antidote has lobbed an unprecedented challenge to nationals as well as to international governance systems. Many restrictions which laid down has disproportionally affected the individuals who are already the most vulnerable. The role of the Judiciary as an enforcing authority and as an overseer to tackle the pandemic becomes more crucial. It is explicit that the situation demands to risk court arena to deliver justice to the seeker, if the court is restraining to take a personal risk the justice will inevitably fail as Frank Herbert quoted. This research understands why justice will inevitably fail if the court fails to face this situation as it demanding and to what extent this global pandemic affected the smooth functioning of the judicial body, Whether the Justice Institution fails to deliver justice as this novel virus is an unprecedented challenge before the Judiciary or Whether its taking ample steps to deliver Justice. Moreover, this work analyzes the extent to which the Judiciary utilized its extraordinary power to look into the concerns of the NRI’s. And also this discussion is to recognize and understand did the Supreme Court being an apex court exercised its power to secure the rights of the citizen and migrant workers while also focusing on the shortcomings in the procedural aspects of the court

The basic question is that a machine, can it think or feel like a human? The digital world comprising of Artificial Intelligence or machine learning is taking over humans and even directing their values and behaviour to certain changes. AI is a science and a set of computational technologies that are inspired by the way people use their nervous systems to sense, learn, reason, and take action. Various sectors of the world have been benefitted and are urging towards the need of having fully automated systems in all the sectors. However, there is an apprehension that this initiative can lead to a disastrous result as the data fed to the system may be used for harmful things and there is no guarantee as to, the data will be stolen like nothing can be given out of a human mind unless the human wants it to share. In this scenario, it has become a fundamental concern that every requisite innovation is socially preferably and justifiable. The most important and relevant debate going on is on Artificial Intelligence and Law going hand in hand, the challenges that will be faced by the legislators, courts, judges, lawyers, and even the layman are discussed in this manuscript. This manuscript is dedicated to an in-depth analysis of the challenges and impact of Artificial Intelligence.​w

Rape is one of the greatest offences in criminal law. Usually, rape is committed when there is forceful sexual intercourse without the consent of the other party. But what is the consent is obtain by promising the other party about marriage and then not fulfilling afterwards. It is argued that such consent may come under the ambit of Section 90, which talks about consent obtained through misconception of facts is no consent at all. Several High Courts and the apex court have given judgment which swings both ways. On one hand the even though the consent was obtained under false promise it was not considered to be a rape. This is because of various factors surrounding the facts, like consent was obtain but by an adult, definition of the word ‘Fact’ does not include contingent circumstances, sometimes the consent is obtained because of love and not because of a promise. On the other hand if facts of the case indicate that the intention of the accused was fiction from its inception, acts making the fulfilment of promise near impossible and other such factors is sufficient to prove that false promise of marriage is rape and thus there is no straight jacket formula to judge such types of cases. The paper covers a general overview of the topic through various case laws.​w

This research paper is restricted within the contemporary “Women’s movement” and addresses itself to the trends and currents within it. The analysis of Islamic and legal texts is undertaken within the framework of feminist jurisprudence. A comparative study on the women rights in GCC and India with reference to UDHR. This research critically analysis the CDHRI in order to show that male centricity still exists in the GCC countries despite promises, which the researchers thinks are pipedreams and just a façade of lies. This Research paper also critique’s the limited rights given to women under the name of Sharia in an international context. The study is primarily a religious and legal exploration considering the nature of countries involved in the study – the GCC countries and India. The research is based on published material, such as legal texts, law journals, books, reported judgements, official fora of women groups. The analysis in this paper will be built around thorough research pertaining to the provisions of the United Nations’ “Universal Declaration of Human Rights”, the consequent “Cairo Declaration of Human Rights in Islam” along guidelines from natural law through the lens of Catholic philosophers. In equal measure, the research will be augmented by comparative analysis of constitutional/Sharia provisions (women rights) in OIC member countries (including GCC states, Turkey and Syria) along with non-OIC member state - India, which theoretically is the world’s second largest Muslim country by way of population. Therefore, the paper will be divided into two parts. While the first part will be assessing the very definition of natural rights from the perspective of western philosophers (Catholic Judaism), which has been relegated to being ‘relativistic’ by non-secularists. In the second part, the researchers will connect the dots by undertaking a comparative analysis of constitutional/ Sharia provisions among selected countries – in light of women rights/ gender equality. Researchers has restricted to the scope of research to cover personal laws of Muslims and Hindus majorly, while only some references are made to the personal law of Christians and Parsis

An extrajudicial execution is the unlawful and deliberate killing of a person carried out by Government forces, or by people acting with the authorization, support or acquiescence of those forces. These killings are violation of the most cherished right to life enshrined in Article 21 of the Constitution of India. It is often alleged that extrajudicial executions are used as an alternative to arrest and lengthy criminal proceedings by on and off-duty law enforcement officers. It is also widely believed that this is a strategy sanctioned by the state to “get rid of militants”. Under the shadow of the Armed Forces (Special Powers) Act, 1958, having enforced in the whole of the State in 1980, large number of suspected militants had been killed in fake encounters by police and armed forces personnel in Manipur during the peak of insurgency. The Extra Judicial Execution Victims’ Families Association filed a PIL in the year 2012, before the Supreme Court of India as a last resort to obtain justice, alleging that no action was taken against any security personnel in respect of those unlawful killings in Manipur and the Supreme Court had directed the CBI to complete investigation in a time bound manner. This paper examines the state of human rights cases in the State of Manipur in the light of the judgment passed by the Apex Court and also suggests measures for delivering justice to families of victims of human right violations.

This article deals with a crucial issue of Spousal Rape prevailing in society. The focus is to give a total framework of spousal rape and how women are losing their sense of pride and nobility. The authors want to accentuate on unveiling the vail of the Legislature that how they have completely ignored the ambit of spousal rape from its framework. It further enlightens how lethargic and baffling our legislature is working for making spousal rape an offence in India. The authors want to draw the attention of society towards how the fundamental rights of women are violated when it comes to the interests and protection of their rights. It also lays down a glimpse on the notion of the right to privacy as to how women are becoming the victim of unwanted and dissenting sexual relationships with their husbands. It is pertinent to mention that due to spousal rape, the women are prone to diseases that may be life-taking as well.​w

Due to increased competition and media fragmentation, today companies are looking for alternate media by which they are able to differentiate their offerings. One such medium is sponsorships. Sponsorships for companies is becoming increasingly expensive, the companies are therefore exploring alternative strategies whereby they get dual benefits of saving the sponsorship fee and at the same time reap the benefit of the event. Ambush marketing is one such technique. Ambush marketing can be defined as a marketing strategy where in the advertisers associate themselves with and therefore capitalize on a particular event without paying any sponsorship fee. From a theoretical perspective, what happens is that a company is able to garner the goodwill and popularity of an event without paying anything for the event. Even the authorization from the concerned parties is not taken. The word ambush comes from French verb “embuschier” which means “to place in a wood”. The term was coined by Jerry Welsh. The associated danger of ambush marketing is that the official sponsor who has paid for a heavy amount for the event loses its identification as well as it reduces the intended effectiveness. This paper seeks to address the various issues related to ambush marketing in detail. The focus shall be to study the concepts, its type, its current relevance in the marketing scenario and its impending dangers. The focus shall also be towards the recent strategies which the companies are adopting in the light of Ambush Marketing and what are its implications on the sponsor as well as the target audience.

Because every child in the world has one thing in common, their rights and someone violating them. Corporal punishment and classroom coercion continue to prevail. Corporal Punishment is the deliberate infliction of physical pain and psychological humiliation in order to discipline the child, with respect to schools until the late 20th century when teachers were legally allowed to hit children. Many developed countries adopted the agendas to foster the old mind-set of people that it will only curb poor social conduct and it does not comply with the protection of the dignity of the child. A new government report concluded that corporal punishment was suffered by two out of every three children in study sample of 12,447. Coming to the psychological and social impacts of school corporal punishment, when a child sees another child getting physically reprimanded, this instils a fear in them, and they refrain from doing the same ‘crime’ as their peer. But at the same time there are adverse long-term psychological impacts on a child because the trauma might act out and show aggressive and anti-social tendencies. It also indicates that students become introverted and grow hatred for schools and may even leave higher education before it’s actual completion. Therefore, the government must protect their rights and support awareness campaigns against CP. As laws have already been framed, social reformation is needed. This research paper follows a comparative research and briefly presents situations across the globe and the reasons for it

A prison is a place decided by the government for those who don’t follow the norms of societal law. The sole motive behind creating a specific place is to teach them a lesson that these types of acts are harmful to society. Although, behind the bars, many malpractices occur which creates problems in achieving the purpose for which offenders are forced to live here. Thus, it is important to analyse the problems of the offenders to satisfy the sole purpose of prison. This condition takes a complex form in the matter of women and children’s since they belong to vulnerable groups. In today’s modern society also, the no. of women prisoners only constitutes a small population in the prisons. They face a lot of sexual abuse every day. It becomes a challenge for the executives to stop it. Various laws and treaties are made for the proper facilitation of prisoners especially for vulnerable groups at the national and international level. In this paper, we are going discussion about the sexual abuse faced by the vulnerable groups in the prison.​w

The achievement of the objectives of equality, development and peace is hindered by the inhuman act of violence against women. The physical, sexual and mental torture against women detaches them from exercising their full potential. The concept of sexual harassment is an area of great concern. The act of sexual harassment abridges and violates the fundamental rights of a woman guaranteed under Article 14, 15 and 21 of Part III of the Constitution of India. The Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) to which India is a signatory since 1993, mandates the State Parties under Article 11 of the Convention to take necessary steps in eliminating discrimination against women in employment. India’s obligation towards International Organisations like CEDAW, ICESCE, ILO & Beijing Declaration and Platform for Action. The current paper highlights the incidents of sexual harassment from Bhanwari Devi’s case in 1992 which made the Hon’ble Supreme Court to lay down the guidelines in 1997 in Vishakha v. State of Rajasthan. The Court also made sure that these guidelines should be implemented both in letter and in spirit. The paper has highlight the data of sexual harassment of the past few years released by various sources like National Commission for Women (NCW) and National Crime Records Bureau (NCRB). The paper has also listed provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2012 which was passed in 2013. Another important part mentioned is the recommendations made by the Justice J.S. Verma Committee report which pointed out the deficiencies in the Bill and improper implantation of Vishakha’s case guidelines