Volume IV - Issue II / 2021

This paper examines the legal circumstances under which shares transferability may be restricted and in specific circumstances, outrightly prohibited. As points of reference and context, shares’ transferability restrictions are examined under American and Italian jurisprudential systems. These restrictions may be imposed not only by public law through legislative acts and case law through court rulings but also by private law through provisions in firms’ articles of association, bylaws and or internal memoranda. Discussion of these law classification then follows under i) the Anti-Outsider, ii) Anti-Performance Suboptimality iii) Anti-Trust, iv) Anti-Insider Trading and v) Anti-Foreigner restriction provisions. This taxonomy can be described as the five A’s of share transferability restrictions. This thesis assigns and identifies shares as having not only a private but also a unique quasi-private characteristic. The identification and description of this quasi-private aspect of shares is a novelty in management and corporate law literature. Quasi-private shares subject to heavy transferability restrictions, inhibit a shareholder from exercising fully and freely their property rights. This article concludes by stating and after comprehensively demonstrating that share transferability restrictions are for the most part, the norm rather than the exception under American and Italian jurisprudential systems and corporate practice.

Traditional Personal law in India had kept a no. of restrictions attached to the marriage. However, with the advancement of technology, the concept and dimension of marriage is gradually changing. An attempt has been made in this article to discuss, examine, evaluate and critically analyze different provisions of the enacted laws, national and international conventions, Law books and periodicals, ancient texts as well as judicial decisions related to changing dimensions of marriage in India. This paper is an effort to discuss the changes observed towards the institution of Marriage in India. Live in Relationship, Adultery, Same sex relationships which were considered as a taboo few decades ago are being widely practiced in the cities. If people are getting more influenced with these concepts, then ethical and legal communities of the world must take some necessary steps to keep the concept original and rational.

The system of patent linkage links the drugs marketing approval to the status of patent. TRIPS Agreement which sets minimum standards for IPR for the WTO member countries does not provide for patent linkage. This is a TRIPS plus provision which is included in the FTAs and is also found in the domestic legislation of countries such as USA, China, Singapore, Chile, Bahrain, Morocco, Australia. Doha Declaration on the TRIPS Agreement and Public Health affirms that the TRIPS agreement can and should be interpreted and implemented to protect public health and promote access to affordable medicines. There are two separate Acts in India, one Drugs and Cosmetic Act 1940 for granting marketing approval and other is Patent Act 1970 for granting patent. On the issue of Article 39.3 of the TRIPS Agreement Satwant Reddy Committee considers no need for a separate legislation for protecting test data but suggested inclusion of ‘data exclusivity’ like mechanism in DCA. India does not provide for patent linkage system and the same is maintained by the Courts in India when the MNCs tried to create patent linkage by filing suits.

With the advent of the Consumer Protection Act, 2019, a new consumer protection regime is in place in India. The New Act is undoubtedly more robust and much broader in scope but not without its archetypal challenges. The objective of this article is to highlight these archetypal challenges and provide suggestions to help mitigate them. In doing so, this article aims to elicit varied perspectives on consumer protection in India and provides a critique of the New Act.

The purpose behind the research is to diagnose and understand the issues that are faced by the Indian Companies and how the principles of Corporate Governance can be implemented on them. Additionally, how to bring the solutions and understand the mechanisms about the Corporate Governance in India. Also, to understand the impact of Covid 19 on the Corporate Governance of the country and how the Debt Recovery Mechanism in India is disturbed due to Corona pandemic On the other hand, various initiatives taken by the Government, RBI and Ministry of Finance to combat with the devastated economy and GDP of the country. The main focus of Corporate Governance is on the rule to be followed by the Board of directors as well the internal structure of the company, the creation of the committees that will do the audit of the companies. It is a duty on the part of the corporates to protect the environment, maintain the quality of goods and services, sustainable development. Hence, the code of conduct is must to ensure such duties.

The Indian economy has seen an increase in the recent years due to the increase in the contribution of working women within the economy. A decade ago, working women in India were much less in number due to which the laws in regard to maternity benefit were not as protective and safeguarding as seen today. Thus, amendments had to be brought forth in the year of 2017 in order to protect and enhance the position of working women within their organisations. One of the crucial changes that changed the dynamics of the protection provided to women under the maternity benefit act was that the duration of leave granted to them, which was brought forth in the 2017 amendment was that the maternity leave was granted to women was increased, previously to the Amendment had only 12 weeks of maternity benefit but with the passage of time it felt the need to enhance it so as to support the women and thus it was increased to 26 weeks. After this increase India has become one of the few nations of the world to provide such support for the enhancement of women employment. It is of outmost importance to have laws that safeguard the interest of women in today’s competitive and cut throat working environment by means of having laws such as Maternity Benefit Act.

In India, the land acquiring procedure had been laid down in the colonial law of Land Acquisition Act 1894. After 120 years of its enactment and being criticized for not having a proper definition of ‘public purpose’, no proper ‘social impact assessment’ done, no ‘prior consent’ the implementation of the colonial law was quite difficult. In order to implement the land acquisition process in an effective manner, the “Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013” was enacted replacing the erstwhile 1894 Act by recognizing the issues related to ‘development-induced displacement’. The new Act brought in sea changes like proper definition of public purpose; mandatory Social impact assessment; fixed timelines and therefore it fasten the process of acquisition and in addition it focuses on fair compensation, rehabilitation and resettlement. Although laudable for its purposes and objectives of its enactment, the Act suffered from primary/core issue of “dilution of the Act/rules framed by the central by the state amendments or rules”. Recently, the dilution of central law by Tamil Nadu state amendments was struck down in the case of “Caritas India v Union of India” . In addition, to dilution, the high cost in acquisition process and forceful acquisition emerged as a blockade for its effective implementation. In such cases, there is increasing tendency among the states to look into alternative land assembly strategy. One of the viable strategies that the states in India are executing is the “Land Pooling” strategy. Therefore, this paper would analyze the core issue of dilution of the LARR Act 2013 and to analyze how land pooling strategy would be considered as viable alternative to LARR Act 2013 in providing sustainable futuristic tool in light of rapid urbanization and to provide suitable suggestions for its better implementation.

The debate between marriage and live-in-relationship is never ending. The acceptance of live-in in country like India was itself a very big thing. Though it’s still not accepted completely and for sure it will take years too; as we all know that the concept of love marriage is still been not completely accepted in our Indian society so, we can imagine how much time is required for live-in. Well acceptance is secondary thing; the foremost and important thing is about the security of the partners and their off-springs. Security in the sense legal, social and financial security of the partner’s. Focusing on this concept the authors have divided the paper in five parts. The first part of this paper is Introduction, which gives a brief about the marriage and live-in-relationship, The second part is tries to make an attempt to continue the ongoing debate of marriage and live-in and to bring a conclusion, The third part comes with a very important topic that is security in live-in relationship, The fourth part is basically the suggestion part in which authors have tried to make an attempt to give some measures by which live-in relationship can be making more secure, and the fifth and the last part of this paper is the concluding part.

Doping is considered as a moral and ethical wrong. It is a global problem. Doping is the misuse of certain substances and methods to enhance sporting performance and stamina as by taking such substances body can transport more oxygen to muscles. However, there are a lot of side effects of consuming such substances as they directly affect health of a person leading to infections, allergies, heart diseases, stroke, pulmonary embolism, high blood pressure, acne, impotency in men and alterations in menstrual cycle of women. Thus, doping can have a direct impact on sports competitions. Anti-Doping laws are framed at both National and International level but these laws are always in a conflict with each other as there is no co-relation between them. International Sports Federation is making efforts to combat this problem of doping by organising awareness programmes, efficient medical treatment but despite of this little success is achieved, as strong and unnoticeable techniques are adopted by sportspersons, these new innovative techniques of taking drugs are evolving thus challenging the war against doping as it is becoming quite a task for experts to detect these substances and drugs. It is the responsibility of authorities to be aware of these updated substances and drugs and to ensure prevention of them to facilitate fair competition. This research paper aimed to apply Doctrinal research method for doping analysis and provide a critical review of the literature on this topic and focus on the problem of doping, its impact, actual application of doping whether it is appropriate or not to enhance performance, all legislative and judicial approaches regarding doping, Indian laws dealing with doping, case laws on doping and obligations of State and judicial trends.

This paper focuses on why we need to regulate the cyber cafes in India? before years India do not have any laws that can restrict the limit of cyber cafes, without any registration any person can open a cyber cafe, the cyber cafes were so inappropriate in itself that it became a huge hub for online speculative business and illegal activities with no records of the users by the owner of café it became a severe issue for the entire country. Without any registration the cafes provides services to the people, no records with the registration agency. This has became a major issue and the public needs to be aware about it as soon as possible the different types of internet café includes internet cafe, gaming cyber cafe, cyber cafe and restaurant, with this the owners takes a good Wi-Fi connectivity without any prior permission from the respective authority or government. A person as a user sitting in cafe age below 16 years put his age and email address and get access to porn videos or other speculative games the reason is no installation of software that blocks the sites. Children below the age of 18 became addictive to cyber cafes as the user id and passwords for accessing is already registered by the owner who may be above 18 years of age, so this children get access to all the sexual attractive games, fighting games or fashion games these games easily manipulates the mind of children with dirty thoughts and bad ideas and tricks to fight with others. Another major drawback is hacking, with no details of time and records the hackers cannot be traced easily by the authority, the level of internet crimes was very high during the time, hacking the personal details of the person, hack personal messages from social media, viral any inappropriate videos, create nuisance through fake news that create disturbance or violence in societies such as news related to terrorist attacks. The person using online banking faces puts personal details the data stored by him was not secured in cyber cafes as a result person suffers from loss of money and the records was not mentioned who uses the same system next after that person. The issues with internet cannot be minimized till we get a solution from the central government. On 11 September 2011, the government of India issues a gazettes notifying that no cyber café can run freely without any registration, registration from appropriate authority is very needful and compulsory. The owner running the cafe must contain the records of all the users and the staffs working inside the cafe. The café registered with the registration agency will get the unique number as the registration number.

Even a slight change in the relationship between partners in a firm would result in reconstitution of the firm, thus whenever a new partner is introduced or when an existing partner is removed from the partnership firm, a firm is bound to be reconstituted. The article talks about the legal consequences of the addition of/ removal of partners in a partnership firm as stated in the Indian Partnership Act, 1932.

This paper examines the laws and provisions that define citizenship in the Constitution of India. Part II of the Constitution of India is titled ‘Citizenship’ and its six provisions precede the important provisions relating to Fundamental Rights that are housed in the next part. The paper also aims to give a historical background in the context of citizenship from colonial to post-colonial India. Nationality and Citizenship is talked about a lot even though they are not “fundamental rights” in the Constitution. India does not recognize Dual- Citizenship, however there is a phenomenon called Overseas Citizenship which will also be examined in the paper. Recently, the issue of citizenship in India is one of the most debated issues in the country. This controversy is based on the Citizenship Amendment Act 2019 coupled with the National Population of Register and National Register of Citizen in the state of Assam, which must be studied collectively. The beginning of this discussion came with the enactment of the CAA 2019, which intends to bestow citizenship to illegal migrants of certain neighbouring nations on the basis of religion. The immigrants of Muslim and Jewish communities remain disqualified from the Act.

The seven-letter word 'Divorce' derived from the Latin word 'divortium' which means separation, causes a person to be looked down upon and shamed for being bold and unapologetic about being single again. Divorce is considered to be a stigma, especially in India. A person is brutally judged on his/her character just because of a procedure which helps him/her end a relation, which is legal according to Section-13 B of the Hindu Marriage Act, 1955 and Section-28 of the Special Marriage Act,1954. Getting divorced does not mean a person is weak, rather it means that he/she has the audacity to stand up for himself/herself and to get out of a toxic relationship. The society should be supportive and equally respectful towards people seeking a divorce. Through this research paper, the researcher wants to take a closer step towards ending the big taboo in Indian society - the Divorce.

Strike is a cessation of work to resolve grievances which can also be said to be legitimate illegality. Workers may strike for various reasons such as low wages or bad working conditions. There has been a constant dispute regarding issues around wages. While employers are compelled to pay wages for certain holidays, should they be compelled to pay for the days in which workers have gone on strike? One could argue that justified strikes should have wages paid for but that has not exactly been followed. This very question has been brought before the Courts on multiple occasions but there seems to be no consensus on whether wages should be paid during strikes. The issue of wages becomes grave when it comes to the labour who are in the weaker class of the society, or to those who rely on daily wages. This article will go over the concept of strike and lock-out, and briefly explain the contradictory cases in order to throw light on the various issues of the system. It will also go over the recent Industrial Relations Code, 2020 that has been passed. It will attempt to acknowledge the gap that is there in the legislation and the importance for the Parliament to make clear laws on wages during strikes and lock-out.

Historically, land acquisition in India has been a contested subject. The reason being, the tussle between the state to acquire land for various kinds of public purposes and the rights of the individual to enjoy their private property. In such a state of affairs, the state has enjoyed the right to eminent domain which enables it to acquire land for a justified public purpose which covers a wide range of subjects. At the same time the corresponding deprivation of land can lead to various sort of hardships to the individuals. Land being an important human right, it, thus, becomes essential to examine this conflict in light of the evolving jurisprudence on the right to eminent domain if the state and the contours of public purpose for which land may be acquired by the state. This paper seeks to examine the procedural framework for the acquisition of land under the colonial laws and the recent legislation which was passed in 2013 by the Parliament of India. It shall be argued that while there is set a definite procedure for the acquisition of land, it is imperative to strictly define the contours of terms like acquisition of land for “public purpose”, where “national security” is also enumerated as one of the public purposes. The paper shall make a case for mandatory requirement of Social Impact Assessment Study before any proposed land acquisition by the executive wing of the state.

Competition laws or Anti-trust laws are laws that generally deal with and regulate anti-competitive behaviour by and between different enterprises. The primary reason for monitoring and regulating anti-competitive behaviour is that it promotes market competition. Competition law supervises acquisitions and mergers of large companies and further prohibits agreements that restrict free trading & competition. Competition law is also responsible for curbing abusive behaviour by a dominant enterprise in any sector. These are the very principles which guide the Competition Commission of India (CCI) and which led them to conduct a thorough market study on the growth of e-commerce in India. The CCI submitted its report on January 8, 2020, and released its findings to the public. The report addressed some specific areas which will be closely monitored by the CCI and which contain high-risk factors of corrupt trade practices. This paper seeks to provide a brief analysis of the report on the market study conducted by the CCI, instances of anti-trust law breaches committed by enterprises in the e-commerce domain all over the world and preparedness of the CCI in dealing with the future potential of e-commerce in India.

In the era of great scientific innovations and rampant industrialization, the society though has progressed remarkably, but on account of searing environmental degradation. Environmental regression is not an unfamiliar term, but by virtue of sheer ignorance and wanton disregard of its existence, is now being explicitly exploited and has been severely vitiated by the untrammeled requirements of human. Due to the blatant abuse of our environment, the repercussions have been catastrophic and have profoundly impacted human health by unleashing several health morbidities. The Air Pollution conundrum is a global concern that accentuates the insentience of humans with its environment who is now liable to bear the brunt of the loss caused to our nature. In India, air pollution is intensifying and degenerating and is a serious health and economic issue. Unfortunately, as per the data compiled in IQAIR Air visuals, 2019 world Air quality report, India astoundingly ranks at fifth number, delineating twenty-one of the world’s thirty cities with the worst pollution, belonging to India. In pursuance of the pollution predicament, this research study attempts to discuss the severity of the pollution problem and examines its perils on humans as well as on its environment. Our government launched a nationwide clean air program, intending to reduce a significant amount of hazardous particulate matter by the end of 2024. Though the program is adulatory, its execution has been elusive due to several difficulties. Thus, the research paper in its study critically examines the National Clean Air Program (NCAP) and recommends certain solutions to bolster the efficiency of NCAP and proposes certain new ideas for implementation of effective forthcoming policies in India.

The Constitution as understood by a layman and a lawman tends to be very different in both letters and spirit. Constitution is only for the lawman is also a very infructuous proposition as it was made by “WE THE PEOPLE” for “WE THE PEOPLE”, upholding India as a Democratic, Secular Nation with the virtues of embracing Liberty and Equality. The Constitution is not only a big fat book with complex provisions, but rather it is the soul of the nation, it is guiding force for the government and bible for a Citizens Rights, laying its virtues and principles in the Preamble itself. Preamble to anything are the opening lines describing the particular statute in hand, but the Preamble to the Constitution is from its very inception an unique creation. Generally, Preamble sets the goal, which the Statute seeks to achieve, but while drafting the Constitution, Preamble was inserted at the last, which makes it much more than just a set of words making an empty promise, but rather it is a realistic proposition that was realised after the Constitution was drafted. With many interpretations, amendments etc we now tend to mug up the case laws and the provisions without much attention to the pulse of the law, but with this topic, we got an opportunity to re-live it. All the important words in our Preamble starting from “WE THE PEOPLE” to “FRATERNITY” has all been debated and discussed by the Courts at various points in time, signifying that they are not just empty promises, but rather are the essence of the Document which govern and embraces us.

Child labour is work that harms children or keeps them from attending school. Around the world and in the India, growing gaps between wealthy and poor in recent decades have forced legion young children out of faculty and into work. The International Labour Organization estimates that 215 million children between the ages of five and seventeen presently work underneath conditions that are considered illegitimate, hazardous, or extraordinarily exploitative. Underage children who work at all sorts of jobs around the world, usually because they and their families are extremely poor. Large numbers of youngsters add commercial agriculture, fishing, producing, mining, and domestic service. Some kids work in illicit activities just like the drug trade and vice crime or different traumatic activities like serving as soldiers. Child labour is outlined as “under aged children operating for money or food or for the other basic needs”. There are thousands of youngsters who work as labour in factories, construction sites and houses. This is a problem that the govt and the people got to deal in real time. Child who work as labourer’s are created to try to to back breaking work all day long. They are simple to be ordered around and other labourer’s too might tell them to do this or that. They are paid lesser that grownups and even beaten or abused. They are abused in every field. For instance, while carrying stones, while working in machinery etc. and some of them work on machines with risky that many children are maimed and killed while engaged on such machines. One major reason for people sending their children to figure is poverty and financial difficulties. Most of the poor people are uneducated so that they don't seem to be alert to science and technologies. They are still wrapped in superstition and false beliefs. Day by day population is rapidly growing and there are unlimited demand of individuals over the restricted chance which might even be taken because the reason of child labour especially in the country like India. We should look into child labour from completely different angles. The solution to the matter lies in economic development and jobs for all. The Government and other organizations must do the needful step to bring about an end to poverty & illiteracy which will automatically end child labour. This Paper is an attempt to find out the core subjective elements that leads to Child labour.

The World Wide Web, an information-sharing platform constructed on top of the Internet’s system of interconnected computer networks, aided in bringing the Internet technology to life. Since then, the Internet technology has evolved organically and transformed almost every facet of contemporary life. However, since its technological infrastructure was built to prioritize survivability and flexibility over security, how can one maintain order in a virtual space that, by design, is not subject to the control of any single jurisdiction? How can one regulate cyber-space in the twenty-first century? The authors attempt to address these questions in this paper. Cyberspace is nothing more than an “abstract terrain” which consists of all users from around the world that are connected by means of networking. Unlike the conventional world, territorial borders do not exist in the virtual world. The present paper specifically deals with “transnational cyber offences” for which the problems of territorial jurisdiction are exceptionally critical. One can attribute this distinctive legal challenge presented by transnational cyber offences to the technical background of cyber space. This paper also examines the test of jurisdiction in determining the issue of jurisdiction in cyberspace in US. The current Indian position with respect to the issue of jurisdiction in cyberspace has also been discussed with the help of a few decided case laws.

Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. In recent times there have been numerous instances in which media has conducted the trial of an accused and has passed the verdict even before the court passes its judgment. The Supreme Court reiterated that the media and the judiciary are institutions inhabiting separate spheres and their functions do not overlap. One cannot and must not use the other for discharge of its functions. It was observed that media should only engage in acts of journalism and not act as a special agency for the court. The impermissibility of freedom of speech and expression amounting to interference with the administration of justice due to the prejudicial nature of certain media coverage is highlighted through this paper.

The Covid-19 pandemic provides unprecedented situations and challenges for the world on multiple levels. The structures and functioning of various institutions in society are questioned as the world looks to them for assistance and support. Governments under such situations are given new and increased powers to efficiently combat the myriad of problems faced by them. The problem, however, lies in the fact that large amounts of power, uncertain situations and unrest among the world population in the past have given way to autocratic leaders manipulating and consolidating their powers. The establishment of various autocratic states is owed to situations of widespread social and political unrest. In the modern world, under the situations of the pandemic, various states are showing similar authoritarian traits. Powers secured under the pandemic are being misused by leaders and governments to establish conditions favourable to them, often damaging the institution of democracy in their nation. Hungary appears to be one such nation where the government has taken a large number of decisions in the pandemic, in an arguably non-democratic manner. This paper aims to analyse the rise of authoritarianism in the world today and the role played by the pandemic in the same.

The arrangements which are against serious in nature or may cause or liable to cause obvious unfriendly consequences for the market are restricted in an Indian Competition system under section 3 of the Competition Act, 2002 by the opposition authority for example The Competition Commission of India. In the event that any producer, seller, distributor, trader or service provider has contradicted the arrangements of section 3 of the Act or have been enjoyed the cartels progressing in the market whether going into such arrangements on a level plane or vertically would be held at risk by the CCI for such a conduct. Besides the commission has presented a route forward methodology of mercy instrument under area 46 of the Act to distinguish the cartels of mysterious in nature and furthermore to profit the gatherings for conceding the decrease in punishment which is to be forced by the commission for such a direct.

The recent amendments made to the Companies Act 2013 vis-a-vis Union Budget 2021-2022, announced by Hon’ble Finance Minister, Shrimati Nirmala Sitharaman are expected to bring a lot of advancements concerning Foreign Investments and Collaborations. These changes aim towards contributing a step towards India’s Ease of Doing Business Index. Companies especially Small and One Person Companies are expected to benefit under this amendment. Not only this but also entrepreneurs can now think strategically and take complete advantage of the given changes to grow and prosper.

Personal liberty is a multidimensional spectacle that evades precise meaning. Broadly speaking, it stands for freedom and exemption from superfluous control. It indicates the power of the will, and one’s ability to follow one’s unrestricted choice. Personal liberty does not stand for merely the right to be free from physical restraint, but also to be free to enjoy one’s own facilities in the way that they please. It is under this that all freedoms exist, the freedom of speech and expression being the foremost among them, second only to the freedom of life. In our country, liberty of thought, expression, belief, faith, and worship is promised. This philosophy is given in the Preamble of the Indian Constitution itself. The freedom of the press is an extension of the freedom of speech and expression, and the validity of this freedom in today’s India is what has been explored in this article. Firstly, this article tries to appreciate this concept from the times of the British up to now - the role of the press in shaping the thoughts and mindsets of the people and its past and present liberties and confines, then secondly, this article tries to elucidate the practicality of the existence of such a freedom in these modern times including the present unprecedented times of the Coronavirus pandemic, and finally, it tries to grasp the role of the present government concerning the freedom of the press. Keywords: Personal liberty, Press Freedom, Right to speech and expression.

“A woman is a full circle. Within her is the power to create, nurture and transform”. Motherhood has been glorified since the beginning of human civilization as a noble goal. Yet, the means to ensure that women can be healthy mothers continue to be denied to the many women around the world. From the estimates of 120 million women who give birth every year, about half experience complications, with about fifteen to twenty million developing long-term disabilities. In the rich and well-to-do countries and nations, the conditions are better, and a higher percentage of women receive appropriate services and help, but in poor countries, many women continue to die at distressing rates. The United Nations estimated in 2005 that 99% of the estimated 536,000 maternal deaths that year, all but 3,000, took place in developing countries, a proportion that has remained about the same over the years. The immediate causes of 80% of the more than half a million preventable maternal deaths each year are reported to be obstetric complications such as severe bleeding (25%), infection (15%), hypertensive disorders (12%), obstructed labour (8%), and unsafe abortion (13%). Diseases like Malaria, diabetes, hepatitis, and anaemia, which are aggravated by pregnancy, also kill women.

With a garb of panic and fear the pandemic year has faced a major tornado in almost all parts of the world after the outbreak of the pandemic disease, covid19. It is the general trait of man that his sanity fluctuates when his mind is either in fear or in anger. Since laws were codified and even before that, the world witnessed various kinds of crime from pick pocketing to even cannibalism. But presently the major issue sticks to the pathetic and unprofessional situations in which the Doctors have to work and the Government which should act for the benefit of the doctors are only praising them and sending heartfelt texts. This paper reflects not only the plight of the doctors in this pandemic period but also ponders upon some previous situations when the doctors were brutally abused and hit in broad day light. There are laws for every person to be accessed when any wrong is done to them. Medical fraternity is also a job profile where doctors and the medical teams are working day and night just like an engineer or a lawyer works so abuse and violence in unethical in a profession as it questions the safety of the doctors or is it that generalizing Indians as emotional and softhearted we often allow these crimes. We often believe that such crimes initiate at a time when someone very close to the offender is under treatment and the offender looses sanity but does this contention stand morally right towards the doctorsor do we try to justify an unlawful act. There are laws that safeguard the doctors from facing violence or any kind of aggression but since the laws have been made there are no less of this crime. This means laws are being made but whether those laws are actually posing any benefit is the question of the hour. The nature of violence has also changed timely. Previously doctors faced verbal abuse and aggression from the patient or family of the patient. Drastically this situation changed to physical abuse, assault, kidnapping and coercion. The situation needs to be curbed by stringent laws and for that the psychology behind such act has to be extensively studied. Hence this paper analyses several case studies of this violence in India to study the psychology behind the offenders and determine the reason behind the increase in this offence. This paper also highlights the laws that have been made for the protection of the doctors with respect to the present scenario of widespread epidemic disease resulting from the deadly corona virus. The country had also witnessed nonviolent protests in many parts. Imagine a day of doctors at strike and so many patients had to undergo distress and panic. It is a seat holding utmost integrity and responsibility and hence this issue needs to be looked after because strikes can be acceptable in any profession but not medical because too many lives will be at stake.

The laws of Rape have experienced vast revolution all over the globe. Thus, in some places, the word ‘rape’ has been replaced with ‘sexual coercion’ or ‘sexual assault’; in some places, it has been made gender-neutral; in some others, the element of ‘consent’ has been set aside, while in some others, marital rape has been acknowledged. There has been symbolic revision to the law on rape, nowadays it is almost invariably criminalized. Rape is universally a crime but the definition and legal principle deviate between countries and yet not everywhere reach the best practice standards developed by international bodies. The mismanagement of rape and other sex crimes puts victims at a unique prejudice in the criminal justice system, declining the rate of informing rape and increasing the rate of claims withdrawn by victims. Exhaustive sex crime law reform began in the 1970s. Feminists denied the view that women are the property of men without separate legal status or rights and claimed transformation in the laws. Most states have widened the terminology of sex crimes to eradicate inequality based on gender and marital status. Most nation-states now precisely perceive rape in the context of marriage. There has been a minimization in the marital exception to rape being a crime but it still remains legal in many countries today also. Several International developments have taken place over the years with concern to violence against women. Certain changes are necessary to prosecute rape worldwide because even today, the laws framed to deal with rape are inadept and flawed. The authors purpose is to review the developments in policy practices across the world that aim to prevent rape and to identify best practices and also to ascertain that how far Indian rape laws is at par with other countries law. It is hoped that the findings of this study will help in examining to what extent they address rape prevention.

Artificial Intelligence is a computer system able to perform tasks that ordinarily require human intelligence. Artificial intelligence systems are powered by machine learning which involves garnering the rules and information for using the data. As the Artificial Intelligence is based on data service industries so it has become very popular and necessity. Artificial intelligence is a technology that is impacting our lives in a positive manner. It is also taking part in our daily issues as reminder for meetings, suggesting articles and news of our in-terest. Artificial Intelligence has the potential, to modify the manner that human interact. It is not only modify the manner with the digital world but also with one another, through their work and other socio economic institutions. To ensure that, the impact of Artificial Intelligence will be positive, it is essential that all stakeholders do participate in the debates surrounding Artificial Intelligence.

All men are not the same, and neither are women. Women across the world are not the same, and neither are those within a country. Generalising the lives of all women, all over the world, is another form of oppression in itself. Cultural, ethnical, racial, and other forms of distinctions are present among women, which had for a long time been ignored. This is an essential thought to be kept in mind when looking at the concept of Racism, in particular, Gendered Racism. The Feminist movement was aimed at fighting for equality of all, but in an essentialist manner, believing the conditions of all women to be the same. In contrast, Intersectional Feminism brought the differences within the female group to light and voiced the need for specific intersectional based reforms and efforts at eradicating the oppression of and discrimination towards women. In this paper I shall be highlighting the different ways in which Gendered Racism occurs in India by linking Racism in the traditional meaning to everyday notions of Racist practices causing discrimination towards women in India. This paper will provide a brief introduction to the concepts of racism, gendered racism, it will also contain examples and cases of gendered racism in India, as well as the ways in which the International and Domestic efforts have been implemented to address this specific type of discrimination. The scope of this paper is limited to the Indian context, with specific focus on the women of the country, in contrast to the queer or transgender population.

The COVID-19 pandemic has extensively affected many businesses and with its escalating rate it is bringing in more uncertainty and difficulty for enterprises and businesses to fulfill their contractual obligations. From a legal perspective in India, the pandemic has catapulted certain conflicting situations which does not concretely envisages future prospects and the legal understanding is not very consistent and straight forward. “Force Majeure”is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties occurs. “Force Majeure”is a civil law concept that allows a party to escape from contractual obligations without fault when satisfaction of those obligations is made impossible. In this paper the author has focused majorly on what is the effect of contractual obligation after the ongoing pandemic, the conditions that needs to be fulfilled while applying “Force Majeure” further elaborating by case wise explanation along with the doctrine of frustration.

In the epoch of Covid-19, it is evident that the world economy is passing through the global catastrophic. India’s economy is also affected by this tenure, which might result in an economic set-back. Even India’s economy could take a hit of up to half percentage in upcoming Financial Years and weakened companies in other sectors, and made them easy targets for creditors and opportunistic buyers. To overcome this situation and make to economy speedy and curb opportunistic takeover/acquisitions of Indian Companies due to India's current COVID-19 pandemic government made a significant move as it has reviewed the Indian Foreign Direct Investment Policy. So, this inspired the author to write this paper which will throw light on the concept of foreign corporate funding. This paper consists of the meaning, nature, institutions, instruments of corporate funding through foreign investment. The paper also deals with the current FDI Policy2020. The objective of this Research paper is to understand the conceptual background of the means of foreign investment in the corporate structure in India, its necessity and its impact on the Indian economy relevant to the current scenario.

The Bad Touch by Payal Shah Karwa is a hard-hitting book. A compendium of real-life stories from child sex thrivers and victims, the book presents the harsh realities of survivors and their struggle to live with their lost childhood. We hear so many stories from newspapers, about victims who have suffered for years together and like countless others, I too have wondered why these kids never opened up about what was happening to them. I got my answers after reading this book. The first story is that of Harish Iyer’s, and I dare you to read through it without shedding a few tears. With hard-hitting raw language, the author chronicles Harish’s trauma and abuse. I had to take a break after reading this story and I came back to the book after a few weeks. What happened to this small boy was disgusting beyond words and I felt rage towards that monster that defies words. The book virtually breaks the various myths that surround the child sex abuse issue such as Girls are victims of CSA and not boys, CSA is something that happens in the slums and The child will forget what happened. As the survivors share their stories, we learn how little we know about this issue. As the author puts forth, “They suffer quietly; they live quietly; they die quietly”. A child who suffers through CSA finds themselves losing many things besides their innocence; trust, self-esteem, self-worth. Some shut themselves up in a virtual hell while others express their trauma through creative expression or self-destruction. And I take a bow to people like Harish Iyer, Anurag Kashyap, Lata, Jai, Nidhi, Amrita and Mrunalini who have shared their stories in this book to teach us, parents, the value of innocence and I am happy to see that they have overcome their past to make something meaningful of their lives. But it also brings forth the truth that there are countless others, who are suffering abuse without any hope of redemption. The Bad Touch is also a handbook that tells you how to recognize signs of abuse, how to tackle it, how to guard your child against it, how to teach them to differentiate between good and bad touch. It also puts forth the changes that India needs to bring in its legal wheels, where CSA is concerned which was an eye-opener for me.

The Rule of Law in known to be an idea that depicts the preeminent authority of the law over legislative activity and individual conduct. It compares to a circumstance where both the public authority and people are limited by the law and consent to it. It is the absolute opposite of domineering or discretionary standard. The standard of law is the result of verifiable improvements over hundreds of years and is connected to the ascent of the liberal majority rule type of government in the West. The standard of law is the subject of contending theories. Under this idea of the standard of law, the state must act as per the laws it has proclaimed and these laws must meet a specific number of least attributes. For theirs, the idea has a more extensive, more considerable, implying that joins goals of equity and decency. Despite the fact that it is commonly acknowledged that the degree to which an administration holds fast to the rule of law is demonstrative of the level of authenticity of its activities, the dissimilar utilization of the term delineate that the idea is a long way from having accomplished a generally acknowledged which means. Without a doubt, while some announce the idea to have achieved the status of another generally acknowledged political ideal after the finish of the Cold War, others have on the opposite ventured to state that the term has been abused constantly to such a degree that it has become an unimportant expression, without any evident significance. The Author broadly discusses the term of Rule of Law and also it shares the detailing in United Kingdom as well as in India, also the Elements, Procedures of Rule of law along with Case laws have been elaborated in this paper.

Drug use can have physiological and psychological effect, Consumption of narcotic substance make person more or less zombie living. significant proportion of young generation consume drug to spoil all of the good things in life. According to preamble of single convention act, states that are parties to the convention are responsible for the health and welfare of mankind and the concerned state parties are obliged to prevent and combat the evil of drug addiction. Indian constitutional law article 38(1) says, it is the primary duty of state to promote welfare of people and to provide quality life to its citizens, but government cannot enforce quality control on product sold and manufactured illegally. The World Health Organisation and narcotic drug policy in India work to control and deter drug trafficking and its abuse. India has signed 37 bilateral treaties, agreement and Memorandum of understanding to control illicit drug trade but the potential harm of illicit business of drug its cultivation, usage and consumption is severely increasing.

India is the largest and the most dynamic democracy in the world. In light of the aforementioned perspective, it can be noted that elections play an indispensible role in maintaining the substance and essence of democracy. Electoral reforms were introduced by the NDA-led Government through the Finance Bill, 2017 with the view that it was an effective tool for cleaning of political funding. However, the anonymity of the donors, the amendment to section 182 of the Companies Act, 2013 inter alia other factors points towards the murky side of Indian politics. This article will analyze the correlation between the ulterior motives of introducing electoral reforms and their impact on a healthy democracy.

This article seeks to highlight the fact that the right to liberty and security of persons articulated in relevant human right and criminal law dispositions has given responsibilities to the State of Cameroon in ensuring the protection of this right by preventing their violations which in return will posed an adverse effect on the fundamental human of those living in the territory when issues of liberty and security is concerned. This article also indicates that the application of this right by Cameroon will go a long way in conforming with the dispositions and provision put in place by International Standard guaranteeing and safeguarding the protection and implementation of this right by Cameroon. Issues of human right protection has been the sole responsibility of the government of Cameron as they enacts credible laws and institutions in ensuring the proper implementation of this right through its law enforcement officers who has shown laudable efforts in seeing that this right is guaranteed and secured. Even though with these efforts put in place, protection has continue to be considered as a nightmare as violations of this fundamental right provoked lots of questioning as to the place this right occupied in the human right platform? The question one need to be asking is in determining the role of the Cameroon government in ensuring that security of persons during the criminal proceedings should be respected? And in case of violations, what measures has been used in ensuring this fundamental human right of those in detention. Answering these questions will be of great concern as it will be able in maintaining the primary objective of the law, that of acquiring and maintaining Justice at all levels of the criminal proceedings.

Media is the fourth pillar of the democracy and has a crucial role in dissemination correct information to the people of the country. Media ethics are the base upon which effective management strategies are to be adopted; so that people are able to enjoy freedom of receiving information which is not only correct but fruitful. Proper and truthful information helps in building up a strong nation where people are enlightened and abreast about right information. In present day times media: both press as well as electronic have diverted from effective management strategies thereby paving way for legal options. Incorrect or false information by playing with the vocabulary has tarnished the image of the media in a free society to such a great extent that people are searching means to verify the facts laid before them by the media personnel. Hate mongering and false news are the new strategies adopted by the media to fool the people; thereby giving rise to legal issues.

In contemporary India, one of the numerous pertinent issues that trouble the Indian socio-legal framework is that of providing victims of wrongful prosecutions, incarcerations, and convictions a statutory right to claim compensation from the state. This paper dwells on this aspect of victim compensation and discusses the wide scope for innocent under-trial prisoners undergoing prolonged periods of wrongful incarceration and the detrimental effects of such wrongful incarceration on these prisoners. The paper further discusses the right to compensation for such wrongful acts as provided in the provisions of various international treaties and covenants and as provided by the domestic laws of various modern democracies such as The United Kingdom, The United States of America, and Canada. Various provisions in the Indian constitution enable the victims of wrongful prosecutions, incarcerations, and convictions to approach the court for availing compensation, and furthermore, there is a rich compensatory jurisprudence evolved by the Supreme Court through various landmark pronouncements regarding the same. However, the still pervasive lacunae in the current legal framework are pointedly demonstrated by this paper. The authors finally conclude the paper by highlighting the recommendations provided by the Law Commission of India and further providing their own suggestions about the necessary reforms to provide a statutory right to compensation to victims of wrongful prosecutions, incarcerations, and convictions.

The WTO as a Multilateral Trading Forum: A failure for developing countries?The essay touches upon the various issues that have raised their ugly heads in the way of cooperation at the international trading system, the World Trade Organisation (WTO). To elucidate the real picture of the international trade, the essay has been divided into various heads, some of which point towards the developmental aspect of the WTO and some uncover the truth behind the WTO. The essay has been prepared in light of the issues raised in various ministerial conferences of the WTO. The WTO has emerged as a multilateral trading forum. It has seen a drastic cooperation among the member nations. But some issues still remain unresolved that hamper the growth of the developing member nations. Most often, the developed countries axe their own grind through the multilateral forums. The same case exists in the case of the WTO.

What if you come to know that the baby you were waiting for months born out as stillborn? Moreover, what if after few years you know that the same child is alive and living with another family? The question which will arise would be how did the child get their? What could be the possible reason for this? Who was lying the family or the hospital staff? What could justify the pain of those who were waiting for the little one for months? This article will aim to highlight the adoption process in India and other countries, which are part of Hague convention. Further, this Article will throw light on the process of adoption, factors to be considered before adopting a child and the laws applicable to the process of adoption in India. Moreover, this article will throw light on how the adoption process turns into trafficking process and authorities responsible to avoid trafficking. This article will also try to gather expert opinions of the parents who have adopted a child or is considering adoption, what challenges they might had/have to face through the adoption process.

Cyber-crime mainly involves activities that use internet and computers as a tool to extract private information of an individual either directly or indirectly and disclosing it on online platforms without the person’s consent or illegally with the aim of degrading the reputation or causing mental or physical harm. With the advancement in technology a steep increase in the rate of cyber-crimes has been observed. With the increase of dependency on cyberspace internet crimes committed against women have also increased. This is mainly because around more than half of the online users are not fully aware of the functioning of online platforms, they are ignorant towards technological advancements and have minimal adequate training and education. Thus, cybercrime has emerged as a major challenge for the law enforcement agencies of different countries in order to protect women and children who are harassed and abused for voyeuristic pleasures. Women are commonly targeted for cyber stalking, cyber pornography, impersonation etc. India is one of the few countries which has enacted the IT Act 2000 to deal with issues pertaining to cyber-crimes in order to protect the women from exploitation by vicious predators however this act doesn’t address some of the gravest dangers to the security of the women and issues involving women are still growing immensely.

The recent RPWD Act 2016 enhanced the scope of the term disability and extended the applicability of the law to private employers, requiring them to think consciously of ways in which their workplace can be more disability-friendly. Even though the law provides for various mechanism and policies for inclusion of Persons with disability in the workforce and for the prohibition of discrimination but, still there exist many loopholes which are acting as a barrier in smooth and effective implementation of the law, thereby failing its objective and the plight of the persons with a disability still continues. Hence, this paper will attempt to analyse the practical implementation & success rate of the law in the inclusion and prohibition of discrimination at the workplace, how far the new Act is efficient enough in the inclusion of persons with disability into the private sector. In the end, the paper will also study the law for persons with disability with reference to workplace inclusion and prohibition of discrimination in the United Kingdom & will try to find out the best practices that can be adopted in India for increasing workplace inclusion and prohibition of discrimination at the workplace.

Resocialization is the process where a person learns the norms, beliefs, and values of a new setting or a social responsibility and strives to practice it in his life. Resocialization can depend on major or minor shifts in someone's life and can also be voluntary or involuntary. It encompasses a variety of changes like taking up a new job or switching the work environment, or relocating to a different country and learning the customs, language, dress code, etc. In socialization, the development of a person is a lifelong process, whereas, in resocialization, the development of the person is redirected based on the new setting. Immigrants are an essential part of the population in states where the birth-rates have seriously fallen in the last fifty years. Immigration affects the demographic as well as the economy of a country. The inflow of immigrants revitalizes the labour forces in industrial countries. It is challenging to comprehend the dynamics of the social and political effects in a country when a large number of immigrants come in from dramatically different political scenarios. Researchers have noticed that the resocialization of immigrants is easier as their political and social bearings are flexible. But some theories have also denied this by stating that the initial political learning strongly conditions the following political learning and that immigrants find it challenging to settle in a fundamentally distinct political environment.

Right to erasure derives its roots from Europe and has grown worldwide. This right came to limelight from the Google Spain case paving its way through the GDPR (General Data Protection Regulation). Recognizing the importance of this right, the Personal Data Protection Bill, 2019 introduced the right to be forgotten in India. But when WhatsApp introduced its new privacy policy it seemed to be in paradox with the fundamental right of privacy as well as right to be forgotten. This research paper analyses: (a) The contradiction between the privacy policy of WhatsApp and right to erasure; (b) The role of intermediary in the protection of the right to erasure. The findings of this research show that the weak and insufficient provisions of the Information Technology Act, 2000 and The Information Technology (Intermediaries Guidelines) Rules, 2011 with Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 are the main reason that India remain to fail in protecting the Indian users of such applications. This research paper also suggests implementing Uncompromising and stringent policies for the intermediaries by the government to create a deterrent effect.

Witch hunting is not a new term in India, there are many communities which practice such heinous act as a result of their cultural beliefs and practices. In this paper the researcher mentions about one such community residing in the North Easter state of India, Assam. The state is home to a large number of tribal communities and one such community in which the practice is rampant is the Bodo community. The killing of men and women by branding them as witches has been an age-old practice in the community, due to various reason such as lack of education, lack of healthcare and others which has been mentioned by the researcher in the paper. The researcher as also mention about the intervention and steps taken by the state government in curbing the crime and how effective has it been in curbing the crime.

There is a lack of clarity on the issue of internet rights in domestic as well as international legal systems. The rapid advancement in technology and the pivotal role internet has in today’s world necessitates a conclusive determination to yield a mechanism for regulation, administration, and restriction. Unless defined, Internet continues to be an undefined space where the State enjoys unrestrained freedom to impose restrictions. Indian democracy is the largest democracy of the world and at the same time it has a highly developed IT sector. It is imperative for India to balance the two and instances have been there where judiciary was posed with such questions. Thus, determination of legal character is important to avoid confusion and curtailment of what might as well be protected under the constitution. Even if there’s a protective cover, it’s invisible yet and needs to be exposed. Democratic setup makes a strong case in favor of internet rights and so does the chapter three of the Indian Constitution. It’s however a matter of interpretation, both judicial and legislative intervention whether a separate right might be carved out or the right may well be found in the already existing edifice of Indian Constitution. Internet as a medium of communication, expression and as a source of earning livelihood seems to be very well within the fundamental rights but how far can the purport be extended to include it and what might be the conditions of such inclusion is a matter of debate. Validity and invalidity of internet bans is another issue which relies heavily on such determination and which can’t be decided unless the very genesis of Internet Rights is settled in law.

The doctrine of ‘Separation of powers’ ensures that the three branches – Legislature, Executive and Judiciary have their functions, duties and powers distinctly established. The law – making process exclusively rests with the Legislature. However, there lies an exception to this wherein the Executive can step in and pass an Ordinance. This phenomenon is called ‘Presidential legislation’ and the same is done by the Governor at the state level under article 213 of the Indian Constitution. In India, the legislature makes laws but in certain conditions, let’s say during the existence of any exigency issue, the President and Governor who are only the head of the nation and states respectively, are conferred with law-making powers. Article 123 in the Indian Constitution talks about the power of the President to promulgate an Ordinance and an Ordinance has the same effect of a law passed by the legislature. There are three ways to check if an Ordinance has been re-promulgated – first is to see the title of the both the Ordinances; second is by analysing the contents of both the Ordinances, if the context and the contents are similar then it’s the same Ordinance being re-promulgated; third is tracing the legislative entries of the original and latter version of the Ordinance, if they belong to the same legislative entry, then it’s a re-promulgation. Let’s have a look below to understand this stance better.

Children are the foundation of human society and are the reason for development of a nation. Due to the growing offences against children, everything has been put at huge stake in the society. Child Labour is considered as one of those offences which has been responsible for causing disruptions amongst the children. This paper deal with the increasing problem of Child Labour in whole across the world including India and US. It further discusses the international framework adopted for curbing this issue at global level. This paper makes a comparative analysis of laws of US & India and steps taken by Legislature & Judiciary of both the nations in tackling the problem of Child Labour. Lastly, it mentions a roadmap of curbing this rampant problem affecting children at large, in order to safeguard the interest of children as well as the society.

International concern to protect environment has expanded in recent years. A healthy environment and human rights are closely inter-connected and mutually receptive in nature. Close study between these two concepts is important to improve the environment for sustainability. Health is a subject that bridges cap between human rights and environmental law. In the last four decades the link that was established in Stockholm conference is expanded and various international treaties and convention have been done for the protection of human rights and environment. Poverty and failure to protect basic human rights are placing the environment under severe stress. In this article we will do a detail study of how human rights are interlinked with environment laws and role of judiciary in development of environment jurisprudence. It then explores different treaties and steps taken by different organisations and countries for betterment of environment and protection of human rights. Paper also analysis government measures and judicial interpretation of international conventions and legislation.

Hazardous activities relating to air pollution, pollution of watercourses, transborder waste shipment and such are needed to be regulated and governed by customary international laws and treatises. It is possible for a State to create environmental harm for neighbouring States as well, or even globally. This paper analyses the causes of transborder environmental harm and the customary international approach to the same. The environmental harm in one State’s territory may spill and seep into neighbouring countries but transborder harm may be also be caused when the pollution is limited to the polluting State’s territory. The author discusses the perception and interpretation of sovereignty that is utilized in adjudicating matters of such environmental harm. This work reflects on the influence of jurisprudence in realization of trans-boundary environmental cooperation, due diligence for the protection of environment and application of precautionary principle coupled with the polluter pays principle that a great number of States have adopted. The author also discusses the impact of transborder harm in a post COVID-19 world with individual State response to the coronavirus pandemic and disposal of preventive gear (PPEs). The responsibility and liabilities have changed face with the world’s activity slowing down amidst the pandemic and might pave a new way forward for measures against transboundary environmental harm.

Over the past few years back, Anti-dumping duty has got uplifted and is used a tool to rectify the market distortions which might have resulted from the Liberalization of the International Marketing and business. Various Latest industrialized nations like Korea, Japan, Taiwan and China and many more have been accused of practicing the activity of dumping their products in the international market with the basic and common objective of ensuring the betterment of their economy and market presentations so that in long term in future, these nations might realize better margins once their rival companies and nations exit or quit the market place. Although country like India has not been too adversely accused of the Dumping of their products in the international markets, it has been base country to bear heavy dumping of products from the other nations and is in fact the largest and vast users of anti-dumping measures across the world during the period of (1995 and 2004) with relations to the absolute number of definitive measure imposed. There can be no clear cut decision on whether the anti-dumping duty on any product brings much benefit or not to the economy as a whole, there can be no question of doubt that the excessive use of the Anti-dumping duties are bound to be harmful to the nation and its economy in longer run of time. So, the query arises that, what exactly is an Excessive use? On one hand, this has been proved that in few genuine cases as seen, anti-dumping protection is in fact a practical option if domestic industries of the importing nations are to survive. While on the other hand, one might argue that a developing country like India, which has an adequate natural resources, semiskilled ad unskilled workers, are such precautionary measures required? Infrastructure is growing and improving on a very high speed of growth, As such, one would expect that the manufacturing areas should be able to compete well with the market and industries in other parts of the nations and worldwide level, so why have so many of the anti-dumping cases and problems that are approved since last 10-15 years. What are the reasons behind and hat caused sudden rise in the amount of anti-dumping cases? This paper therefore will discuss the rationale for imposing Anti-dumping Duty, the measures, criteria, procedures for application, justifications for the regulations of the duties, in India and China. The author shall also elaborate the drawbacks of the WTO in imposing anti-dumping measures of the trade done between India and China. Finally it will examine that whether the economy is benefitting from the protection or is it actually an impediment to rise in the post reforms era.

“Equality” appears to be easy as a notion, but it is actually deceptively complex. Jurists differentiated among ‘formal equality’ and ‘substantial equality’ concepts of equality. A formal equality instance is a teacher who spends exactly the same quantity of time in a school on each student. But if the professor were to devote various quantities of time to distinct student organizations depending on their perceived requirements, it is an instance of substantial equality. While formal equality requires the state to treat people equally before the law, substantive equality recognizes the reality that equality exists only between equals and that perpetuating inequality is equal treatment. If certain classes of individuals have been put at a major disadvantage due to severe historical injustices, then the state can legitimately take beneficial action to remedy that condition until the former victims are able to expand their capacities and operate without the unique protections. The concept of significant equality dominates all democratic countries’ global human rights law and domestic legislation. In this paper, author tries to analyse The Constitution (103rd Amendment) Act, 2019, which has introduced two fresh provisions enabling the State to make a reservation of up to 10% for economically weaker segments’ (EWS) of people other than the Scheduled Castes (SC), the Scheduled Tribes (ST) and the non creamy Other Backward Layer and how far is it justified with respect to jurisprudence of reservation.

In this paper, initially the author has discussed the concept of hate speech under the International convention on the elimination of all forms of racial discrimination (ICERD). The point is further developed by highlighting the State obligations under the convention and the general recommendations put forth by the committee on the elimination of racial discrimination which in turn monitors the implementation of the convention. Thereafter, the paper is predominantly focussed on India’s stance on hate speech which is substantiated by the case laws. Lastly, the paper critically analyses the contradictory position if any, between the ICERD and the Indian legislation followed by the conclusion.

Uniform Civil Code, the idea is to bring laws of all religions and classes/groups of sects within various religions under one big canopy, which will ensure equality, gender justice, and uniformity. Specific ambitions of progressive society are aspired to accomplish. However, this notion is not plain vanilla. While post 70 years of independence, many questions have been answered and many would be answered in the forthcoming years; but one dilemma shivers the spine, one question remains unanswered, will you sacrifice thine personal laws? This paper analyzes the provisions laid down for the Uniform Civil Code under Article 44 of the Indian Constitution. We begin by looking at the constituent assembly debates, moving on to understanding the perspective of various religious groups and viewpoints on gender justice, and finally proposing our stance of implementation by critically answering the aforesaid quesition.

In the instant article, the author seeks to examine the lacunae in the existing framework guiding the International Commercial Arbitration which provide the attorneys/parties the opportunity to exercise Guerrilla tactics or any other activity that defy the very objective of resorting to the arbitration i.e. expeditious disposal of the dispute. Further, the author discusses the practical difficulties in formulating the global code for regulating the conduct of the parties and their attorneys. Lastly, the author provide a solution to combat the Guerrilla tactics played by the parties and the attorneys in the course of arbitration.

Advertisements are a form of publicity done by various companies for promoting the sale of their products in the market. This practice is being followed since a long time. It is done either through print or through advertisements in digital form in radio, televisions, social media etc. H.G. Wells once famously said that advertising was legalized lying. This reflects the dilemma on advertising and its effect on consumers. In an environment of zealous competition in the foreground of a market economy, advertisements often tend to exaggerate and misrepresent facts which ultimately affect impressionable minds. That is precisely what all legal systems must seek to address. Several countries have enacted comprehensive laws that govern and control advertising. Many countries in Europe restrict domestic advertising that target children below a certain age. In the UK, the Advertising Standards Authority lays down the standards for advertising in all kinds of media while all outdoor advertising is done with permission from the local town planning authorities. As for the US, the Federal Trade Commission is the relevant and the ultimate authority on the subject although local governments are allowed to enact their own regulations in this regard. In India, the field of advertising is subject to a multiplicity of laws in the absence of a comprehensive statutory mechanism that would lay down ground rules in clear terms for advertising in the country. This article helps to know various laws and rules around the world. Also lets us know how the regulations are in place around the globe.

“The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing”. Independence of judiciary means the other organs of the government, the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. Judges must be able to perform their functions without fear or favour. The underlying purpose of the independence of the judiciary is that judges must be able to decide a dispute before them according to law, uninfluenced by any other factor. Montesquieu, a French Philosopher, propounded the idea of an independent judiciary. He believed in the theory of separation of powers of the three branches of the Government – Legislature, Executive and Judiciary. The fathers of the American Constitution were very much impressed by his theory, therefore, established an independent judiciary in their country. In UK, before 1701, judges held their office during the pleasure of crown and like any other crown servant they could be dismissed by the king at will. The judicial independence was secured by the Act of Settlement 1701. Though, in India, there is no express provision in the Constitution but the independence of Judiciary and rule of law are the basic features of the Constitution and cannot be abrogated even by constitutional amendments as observed by the Hon’ble Supreme Court in S.P. Gupta v Union of India, AIR 1962 SC 149.

India has seen an increasing number of atrocities against women. The country has also seen a substantial rise in the reporting of crimes committed against women and children. The main question here leans more towards adjudicating previously existing laws within the Indian Penal Code and other statutes. With the introduction of the POCSO Act in 2012, not only was sexual violence declared as an offense with a gender-neutral victim group, but the focus on sexual crimes against minors was given importance and well-deserved recognition. On 1st March 2021, the media reported that when hearing the case of Mohit Chavan v/s State of MH, His Lordship the CJI said the following controversial line – “Will you marry her?”, which seemed like a suggestion of compromise for the 16-year-old victim girl at the prima-facie level. However, it was unfortunate that the Supreme Court was misquoted, and the matter was blown out of proportion without knowing the context in which the line was said. The line suggests an amicable solution for a situation that demands punishment under the statute itself. The sad part is that without a complete understanding of the situation, the judicial minds were blamed for making such a controversial statement. Neither the media nor the people who commented on the issue thought that the marriage of the Victim and the Accused was ever possible because the Accused had already married someone else. Furthermore, we must not forget that the judicial minds that have worked on the matter belong to the highest court of law, and when they speak something, there must be some context and substance to it.

The debate of determinism and free will has been ongoing between philosophers, scientists, legal professionals etc. This topic has been a centre of research for many years. We, as common people tend to be motivated by the fact that we are free and the decisions we make our free. However, the same has been negated by various experiments and studies. There have been studies, experiments and observations that have proved that humans do not have free will. There have been developments made in both the concepts- free will and determinism. These concepts have played an important role in the study of the criminal justice system of various countries all over the world. The intersection of the debate of free will versus determinism and the study of criminal justice system has been the aim of the research paper. In this research paper, the researcher aims to review the literature of philosophers with different point of views on the topic and critically analyse the same. The research paper aims to understand the concept of moral responsibility and human conduct with respect to the debate of determinism versus free will. The inter-relation of determinism versus free will with the criminal justice system and the legal punishments has been brought about in this paper.

Oceans are key to sustaining life on the planet. They cover more than 70% of the earth and they constitute one of the most essential bases for human life and in the course of time a tangle of claims, spreading pollution, competing demands for lucrative fish stocks in coastal waters and adjacent seas, growing tension between coastal nation’s rights to these resources. And uses of the sea multiplied resulting in conflicts between the wide claims of coastal states seeking to protect their economic interest over large parts of the sea and attempts by major maritime powers to maintain the status quo on the other. To resolve these claims the United Nations convention on the law of the sea 1982 provides comprehensive system of settlement of sea disputes under the convention itself among the other dispute settlement systems provided under convention ITLOS being a specialized body of institution with dealing with sea disputes. These makes that the tribunal is well positioned to be very busy court in the near future and that it may therefore be able to play a major role in global ocean governance.

The paper provides the importance and benefits of technology mainly, computer based technology & internet and telecommunication and mobile phone by used of this technology the develop nations become richer and archive the growth and the economic and become wealthy it helps to transformed the life of people the country. India to have adopted and implemented the computer based internet technology & telecommunication mobile phones because of this our country has accelerated the economic growth and this technology proves the life changing technology for the people of this country and create lots of opportunities for the people and trade, employment, productions and carried out economic changes in the country which ultimately create socio economic change in the society and societies benefited lot by use of this technology and people using this technology become more efficient at work which ultimately enhances Production activity and they become more competitive in the era of globalization and also able to compete with develop nations by the use of the technology people become more creative and efficient which ultimately helps to build the business and creation of wealth link with economic Progress of our country.

The Employees may be males or females but in India mostly in workplaces an employee can take a leave which is known as casual leave i.e. CL, Earned Leave or Privilege Leave, Sick Leave or Medical Leave, Maternity Leave, Half Pay Leave etc. Under the Factories Act, a single earned leave is granted for every 20 working days, i.e. 18 leaves per year and so on. The researcher has identified various pros and cons in the leave system for the employees and also identified as well as compared with other jurisdiction around the globe. As of now in India, Menstrual leave is not recognized and as a woman she is compelled to work even on that day of her menstrual cycle goes on. A woman should be given that privilege so that she can take two days leave during her cycle. The woman is not only a woman who work in companies, industries etc. but also the maid servants who work in others home since they are not regulated under any Employment Acts or legislations but there are huge number of such women in India. The researcher has identified similar problem in the paternity leave in India as when we talk about equality in terms of rights and duties in society, it is always not in equilibrium. In case of paternity leave, a father doesn’t get leave in any sector except in central government. So, the researcher in this research paper has identified the problems and the solution to it with the help of stringent laws.

Euthanasia has been one of the most debated topics in the field of law as it lies between the ethics of medical practitioners, freedom of choice and self determination of the people. The Supreme Court has always tried to interpret the provisions of the Constitution in widest possible manner to ensure utmost welfare of the citizens of the country. Parallelly, the Apex Court has included Right to die as an important facet of Right to life under the Constitution of India. The Supreme Court through its various judgements closely analysed the applicability of Euthanasia and finally legalized passive euthanasia in Aruna Shaunbaug case thereby providing big relief to terminally ill patients. The paper deals with application of Euthanasia and its legal perspective in India and Canada. The researchers have tried to compare the procedure of administration of Euthanasia in both the countries and critically analyse its practical application. The focal point of the research paper is to examine whether is it practically possible to administer Euthanasia while being sure that no one will take undue advantage of such right.

“For too long, the law has centered its attention more on the rights of the criminal than on the victims of the crime. It is high time we reversed this trend and put the highest priority on the victims and the potential victims.” - Gerald R. Ford The criminal justice system is an instrument of social control used to prevent, deter and control crime and to punish criminals. A criminal act is considered an attack on humanity and social order. The Indian criminal system is built around the age-old principles of “Let Hundred Guilty Be Acquitted but One Innocent Should Not Be Convicted.” and “innocent until proven guilty”. Throughout the years, the legislators have reformed and developed various rights, safeguards and mechanisms for criminals, to reform and rehabilitate them back into society. But the most affected party of the crime, the victims, have been neglected. Is imprisoning the criminals enough? Does that provide any real, substantial relief to the victim? A lot of the time, no proper support or assistance is given to the victims. They have minimal rights and safeguards. Their rights have been discussed in many law reports like the 154th Law Commission report and the Malimath Committee report but how successful have they been? Section 357A of the CrPC, 1973, provides for victims compensation scheme which was inserted in 2009 by the Code of Criminal Procedure Amendment Act, 2008. A proviso to section 372 was inserted by the same act, giving victims the right to appeal. These amendments are a positive step towards victims rights but is this progress enough? How far have we come on the path from Retribution to Rehabilitation?

The enforcement of an arbitral award has been covered under two parts: the Indian Arbitration and Conciliation Act, 1996. The utmost relevance in the law governing the arbitration would be that of the seat of arbitration and the jurisdiction that follows. There is a prevalent gap in the present legislation regarding the Indian Parties in an Arbitration choosing a foreign seat of arbitration. The courts in India have given varying judgments, including the apex court, which has created an atmosphere of unrest and ambiguity. The paper will contain a detailed analysis of all the relevant decisions and the validity of section 28 of the act if a foreign seat is chosen. Many courts who have ruled against the Indian parties choosing foreign seats for arbitration have cited that it is against public policy. This paper uses an exploratory research method based on existing literature analysis. This research paper aims to provide an overview of the current research work in this area. It also aims to offer suggestions to the law to be devised to bridge the prevalent gap. The paper will contain a careful analysis of the jurisprudence and the theories supporting this view and also the pro- party autonomy view in great detail. There appears to be ambiguity on whether the arbitration and conciliation act is a general law or a special law. The jurisdictional issues under section 37 and section 9 of the act materialise once a party chooses a foreign seat. Considering all the different research areas that have been identified, the author aims to suggest a possible fit for the Indian scenario and situation.

The two highly controversial judgements made by the Nagpur bench of the Bombay High Court, in the case of Satish vs State of Maharashtra and Libnus vs State of Maharashtra, which saw the HC judge disregarding Section 11 of the POCSO Act, which prohibits sexual assault involving any gesture intended to be sexual. Even the speaking of words and making of sounds with the intent of being seen or heard is concealed. These judgements rightly saw a huge amount of criticism all over the nation, and the Supreme Court should be applauded for its decision to stay the judgment.

Law is not something that can be left stagnant, law also require updates like any other things in the world. One of the latest requirements of the time is recognition of marital rape as a ground of divorce. Right to protection, personal choice is given to every individual then why should a marriage woman be left abdomen. It is important to understand the present scenario, women who marries her husband with a belief to be respected and protected but gets tortured and forced to have undesired sexual intercourse. This is not justified and needs urgent regulation to protect women’s health an save her from mental trauma and insure her wellbeing. This paper is about criminalizing marital rape and adding marital rape as a ground of divorce.

This article is in the form of a manifesto which a hopeful feminist would expect in which the much-discussed issue of wages for housework or recognition of housework as economically productive work is broken down into various kinds of oppressions which occur due to its non-recognition largely because the work is viewed to be gender specific. This hoped manifesto highlights and connects two articles- Wages against Housework by Silvia Federici and From Redistribution to Recognition? Dilemma of Justice in ‘Post-Socialist’ Age by Nancy Fraser. We see how the narrations of Silvia connect the with the definitions of oppressions given by Fraser and what kind of oppression does the narrations eventually lead up to as per Fraser. In the end we discuss the possible remedies that are ideal for the correction of the explained oppression.

The discussion on stabilisation clauses centre on settling the conflicting interest between the host government and the investor. The investors are always doubtful about the guarantee or protection and safety of their investments in developing host countries while the host government always seek to maintain its powers to legislate as a sovereign entity. This often calls for the insertion of stabilisation clauses in their investment contracts. The rationale for such clauses is to ensure that the investment agreements remain in force during the life span of the contract. The focus there of this paper is to examine the consequences of the operation these clauses or provisions on both the host state and the investors. From the analyses, it is observed that, in spite of the promising prospects of stabilisation clauses, they have severe legal, economic and politico-social negative consequences on the host state and the investors.

The origin of trademark dates back to ancient times when early craftsmen carved their signatures or “marks” on their artistic or utilitarian products. Over the years these marks have evolved into today’s system of the trademark. Trademark protects the owner of the mark by conferring him the exclusive right to use, to identify goods or services, or to authorize another to use it for commercial benefits. In addition to the right of exclusive dealings, the Act also confers him right to file a suit for infringement of his right. Sections 27, 30, 34, 35 of the 1999 Act, and several other common law principles and WIPO rules help the owner of the trademark to seek relief in case of infringement of his rights. In this paper I would go into details regarding infringement of trademarks, reliefs available against such infringements, passing off vs infringement and where does Trans-Border reputation fray in the equation. I will also be discussing national, international, and comparative safeguards available for protection against infringement. I also aim to canvass on other relevant questions such as why not registration has been made compulsory and what is the future of Intellectual Property in India.

This research paper aims to study marketing mix and its elements specially the 4 Ps including product, price, place and promotion in addition to other 3 Ps packaging, perception & persistence and its importance in Integration of all this P’s for formulation of successful marketing strategy by the company for their success. The companies are producing good’s and services for the consumers must understand the need and desire of the consumer and how they can satisfy the need of consumer by providing them product & services. The marketing strategy must involves all the Ps based on market information & Market research by the Company and understand the market about competitions and market demand for their product and consumer need & consumer behavior to buy the product how product can give satisfaction to the consumer after understanding his all aspect the company must formulate the appropriate marketing strategy and integrate All P’s which insure the company to achieve the goal set by the company and also by way of providing product to the consumer and its benefit to consumer ultimately create impact on positioning of product in the market due to the benefits provides to consumer with ultimately help the company to create brand equity in the market.

This case comment looks to analyse a contentious issue before the Supreme Court. The Insolvency Law Principle of “Double-Dip’ is a globally accepted norm which allows a financial creditor to move against multiple estates for the same claim. The principle was further upheld by the Supreme Court in the United States and has come up before the Indian Supreme Court. As the legislature declined to interfere in this matter as stated in their insolvency law commission report, all eyes are on the Supreme Court to settle this issue once and for all.

Agriculture in India has continued for thousands of years and has given prosperity, employment, and has proven to be its economic backbone. It has flourished in different times under a lot of rulers. The rules related to agriculture have been diverse throughout history, and reforms have been done in the field by one or the other ruler. There has been a major reform by the central government regarding that and passed three new farm laws. We have tried to analyse them and see them from the angle of the socialist and capitalist approach taken by the government. After Independence, the government has taken mainly the capitalist approach and kept private players out of agriculture, but these laws have brought the private players. We have tried to answer whether it is the right choice and whether it will help fulfill the goal of doubling farmers' income by 2022. We have also discussed some alternative and allied activities that the farmers can pursue to raise their profits and the current income they get from farming. We have analysed the laws relating to agriculture in various states. We have then briefly explained the laws related to farming in other countries.

The constitution of India has given exclusive powers to the Supreme Court to take any decision pertaining to any matter pending before it to provide complete justice. But this plenary power is open ended with framework to regulate it or question it as it is absolute. A troubling end is whether the Supreme court can use statutory interpretation to bring in new laws under article 142 to cover the gaps in the statute discarding doctrine of separation of powers and make it viable even when the legislature has expressly chose not to enact any provision regarding the same. Thus an analysis of the judicial cases over the past 50 years pertaining to Article 142 has been done to identify the trends in invoking Article 142. Moreover the Supreme court has invoked this article in a number of cases brought before it wherein the dispute was complex but on the contrary the court has curtailed the fundamental rights of citizens. Over the years article 142 has expanded its interpretation as a matter of judicial activism but there needs to be a check on this to prevent it from becoming a matter of judicial overreach superseding fundamental rights of the citizens and encroaching upon other organs. A major differentiation must be drawn between bringing a law restricting fundamental rights of citizens and protecting fundamental rights of citizens which falls under the duty of the court under article 32. This paper argues that there seems to be a wide arbitrariness associated with ‘complete justice’ as it can differ from case to case which gives a lot of discretionary power to the Supreme court. Although it is an extraordinary power which is being given it cannot be used to expressly be in conflict with the law already existing.

It was for 1st time in Indian history that during pandemic the migrant labourers have been identified and been recognized as humans but sadly, it was when they have gone through miseries. The law has always been weak towards these poor citizens and they have always got step treatment. Here, the author discusses the laws that have been formulated for them since the time of independence. The author has analysed whether they have helped labourers or were they just on papers leaving them suffering. It was also observed that even the recent bills introduced were as well incompetent and would hardly help the migrant labourers. This is a sad plight for an important class of our society who play major role in the country’s development as well in the economy.

Competition law enforcement is undergoing sweeping changes and development across the globe. Presently, there are multiple challenges cropping up before the enforcement authorities making it vital to consider a shift in the way they approach towards cases, one of the foremost concerns being the ‘Access to Consumer’s Data’. Various Competition law agencies gradually have acknowledged the importance of considering non-price factors like ‘collection and processing of Consumer Data’ while investigating. This data comprises of the information being floated over digital space back and forth from Consumers to Enterprises and among enterprises operating in horizontal and vertical market. A massive amount of information is derived by the enterprises through modes that are not known to the consumers at large in addition to what is voluntarily made available by the consumers. Several big market players have fallen under scanner for the purpose of mass data collection and its abuse. Processing of data can lead enterprises to assess the behavior of the consumer thereby personalizing the output and hence, turning consumers into a raw material/source for such enterprises. This practice may result in concentration of power in the hands of few players, foreclosing the market for other medium/small enterprises. The cross-border commercial use of data raises concerns related to foreclosure that would ultimately affect the consumers and their interests. Presently, it is difficult to circumscribe the market by the concept of privacy and its contests and any results devoid of data-processing study could yield bad results. This paper attempts to study the meaning, relevance of consumer data in Competition law enforcement and how it can lead to foreclosure of the market for other market players. While concluding the findings, the author attempts to suggest plausible solutions to this novel issue.

The Tokyo Trials took place in the small period before the beginning of the Cold war and the aftermath of the second World War. The Nuremberg Trials of the Nazis played a major role in guiding as well as building a biasness while deciding the case of Japanese war criminals. It will try to discredit the popular belief that both the Nuremberg Trials and Tokyo Trials are identical. The trials in the Contemporary world are often termed as Victors Justice meaning thereby that the justice meted out was in fact, biased, only sided with the Allied Nations narrative of the war. The lack of research carried out on this and the delay in providing the public with copies of trial proceedings are indeed a small hint to the bigger issue of flawed justice. This paper aims to shed light on the inconsistencies between the application of the same law on the Nazi war criminal and the Japanese war criminals. Dissenting opinions are also of immense importance because they point out exactly why the trial was unsuitable in the first place. Justice Pal’s opinion is regarded timeless because of the issue which he raised regarding the whole trial itself and then went on give a verdict of not guilty angering most of the Tribunal members. The analysis of the judgement taking in regard the vast development of Law on war crimes and its significance in the contemporary culture.

Tucked away in the Transfer of Property Act, 1882 (‘TPA’) is a provision not often discussed — Section 45. This provision essentially says that when two or more persons claim to be co-owners of a property in unequal proportions, they shall each be entitled to a share in the property which is proportionate to the purchase consideration paid by them. However, this provision is not as straightforward as it appears to be at first glance. The effort sought to be made in the essay to show why this is the case, i.e., to show why Section 45 of the TPA is an ordinary provision of little importance. The overall argument advanced here is that Section 45 potentially raises a question mark over a cardinal principle of property law — property once vested, cannot be divested. However, before proceeding to make this argument, this essay will briefly discuss the seminal importance of Section 45. It will thereafter interpret and break down the elements of the provision. Finally, it will draw upon the first two parts of the paper and discuss how Section 45 potentially chips away at the cardinal principle mentioned above.

Water resources are central to our lives. We see around us developing proof of human-made damage in numerous ways; risky degrees of contamination in water, air, earth, and living creatures; major and unsettling influences to the biosphere's environmental equilibrium; destruction and natural resource depletion. The pollution of the river, although classified as environmental, is a direct outcome of a deeper social problem emerging from long-term public indifference, a lack of public awareness, education, and social values, and above all from poverty. Untreated trade and sewage effluents are released into the water. The paper discusses various case laws and the judgments given by the court concerning water pollution. The directions ordered by the court to the government and pollution control boards have been looked upon. The government takes measures which plays an important role in tackling the problem. The researcher also discusses the legislation related to water pollution. The rights and duties of the citizens and the state towards protecting the environment have been focused upon. There exist lacunae in the legislation and a need for stricter implementation. The paper also suggests methods that could be used for controlling pollution and promoting cleanliness in the rivers. Redesigning data management programs at the village, district, and national level, up-grading district-level laboratories, and addressing technical, legal, and institutional components should become the first steps in achieving effective water-quality management health to millions of people living in India.

Prostitution is as old as civilization itself, and has been a part of Indian society ever since the idea of marriage came into existence. In recent days, prostitution has become synonymous with violence, discrimination and exploitation. Prostitution is often seen as a taboo in Indian society, and requisite attention has not been paid for its regulation. This paper examines the connection of prostitution with exploitation and violence, and looks into the possible effects of the legalization and regulation of prostitution on the exploitation and assault on sex workers. There have been various acts by the post and pre – independence governments regarding prostitution, and also various books and articles on its legalization. While these works examine a broader aspect of the problem, two very specific aspects are scrutinized in this research paper. Prostitution is here to stay, whether criminalized or not. Thus, it is better to address the elephant in the room and possibly find techniques to alleviate the problems faced by women and children in prostitution.

Lesbian, gay, bisexual, and transgender are increasingly open and visible part of society but however LGBT Rights are still a struggle, as it is still not accepted by a particular part of the society. The particular Research paper mentions about the rights, international recognition, Indian recognition, Obstacles faced by LGBT community, international and Indian decisions. The main focus of the research paper is to highlight the obstacles international and national faced by LGBT community and also their rights available to them. There are certain cases demonstrating that how still people don’t know about LGBT Community rights and how difficult it is for them to make any decision because of the society. The research paper focuses on international as well as national case laws and Rights of LGBT in different countries.

The study follows three transgender (male to female) persons and their specific memory in relation to their experiences in schools and colleges. While the general assumption is that transgender persons receive various overt discrimination/exclusion in entering public institutions, in this paper the Authors would focus on the analysis of the narratives of transgender identifying subjects — their stories, their voices — about their specific experience of survival and everyday negotiations. This paper opens up general questions about transgender education in India. In the paper, Authors have highlight that experiences of bullying, harassment and shame. This essay is divided into three sections. Firstly, the clarification on the category gender. Secondly, listening to narratives of transgender people. Lastly, the authors focus on analyzing these stories using the theoretical framework of queer feminism to open up experiences of transgender persons in India. Through this trajectory, the authors question ways to either empower and/or prevent harassment/discrimination of transgender-identified persons in school/college in India.

Marriage is accepted as the religious as well as a legal institution in every society irrespective of the religion. As per Hindu law, it is considered as one of the religious obligations on the person and one must enter into the marital tie to fulfil other spiritual obligations like giving birth to a male child. Bangladesh got the Independence in 1971 and after that, there was no reform in the Hindu Marriage laws in Bangladesh and the first initiative taken by the Government was the Introduction of Hindu Registration Act in 2012 that registers the marriage and give it a legal backing, prior to it, the marriages between the Hindu couple wasn’t even registered which had caused miserable problems to them. Despite the fact that the Constitution of Bangladesh talks about non-discrimination on the basis of gender, religion, caste etc. but still, no reforms have been made in order to provide equality to the women under Hindu law, which has often been criticized for being discriminatory towards women. The author in this paper has examined the concept of Marriage among Hindus in Bangladesh and tried to find out the discriminatory nature of the Hindu laws in respect to marriage and related institutions like adoption, guardianship of child etc. In the end, the author has also suggested a couple of reforms that the author thinks are necessary to be made in the Hindu laws to make the society non-discriminatory towards the women.

The Indian educational system as developed by the colonial state continues to shape educational ideologies. The nationalist imaginations, almost exclusively led by men, followed ideas inspired by western ideologies. They saw emancipation in teaching/learning the English curriculum. However, when India developed its education policies the state focused on the education of the girl child. Keeping in mind the colonial impact of education and the policies emerging thereafter Indian independence, this paper provides an assessment of this current situation in theorizing gender in school education. The paper also focus on feminist theorization in relation to the School Management Committee (SMC) to fill the gap in representing gender and giving voice to the Indian girl child.

A perception that only humans can commit a crime is an invalid concept. A company being a separate legal entity, an artificial person can also commit a crime. Initially in 16th and 17th Century it was believed that a corporation cannot commit any crime. There were some contradictions on the theory of a company being a separate legal, but it does not have soul and body of its own. Thus, they cannot commit any crime or any offensive act for which it can be held liable. But slowly and gradually the concept of corporate criminal Liability has been developed, through various judgments like Standard Charter Bank V. Directorate of enforcement. It was understood that even a company through its representatives can commit a crime and it can be held liable. The concept of corporate criminal liability evolves from a Latin maxim i.e. Actus non facitreum, nisi mens sit rea which means to make one liable it must be shown that act or omission has been done which was forbidden by law and has been done with guilty mind. The doctrine of the corporate criminal liability has gained a worldwide importance after the landmark judgment of Standard Charter Bank.

Finances are like seeds, and they can grow if they've made a productive investment. Financial investment and its positive results are essential for the balance to be considered as sustainable finance. The paper would talk about sustainability in the financial market through bonds. Sustainable financing can be considered in the form of environmental, social and governance. Any investment, in any form whatsoever, does not affect ESG in such a way that it would be considered sustainable finance. At the beginning of the article, the reflection would be based on sustainable finance and how it works when the investment is taken into account. Green bonds are taken into account in the latter part of the article for better sustainable investment, as they are recognized as just like any bond in which an individual has issued a debt instrument for the collection of investment funds. Its role and results in India are the most appropriate and intended investment to date. The importance of green bond investments worldwide has led India to take the initiative to launch green bond investments in the country for the first time in 2015, which YES Bank issued to fund renewable and clean energy projects, particularly in the wind and solar sectors. From the Releasing of Home Green Bond Guidelines by the Indian Securities and Exchange Board to India's Green Finance Upcoming Plans and Initiatives, the paper will highlight the importance of sustainable finance and green bonds. The conclusion will be added at the end of the article. It will set out the gaps and requirements that would relate to the actual situation at the present time and others related to the committee. It will be added later that how these gaps could be filled by following specific patterns of other countries.

Growing environmental problems of modern age capture attention of the global society. Man, as a major factor in the process of disturbing the optimal environmental balance, is considered to be the most responsible for the emergence of the environmental crisis that manifests itself in all spheres of life. Due to a growing number of environmental problems that require urgent attention, it is necessary to increase awareness of the problems that surround us. In the future, it is necessary to develop environmental (“green”) economy, rationalize consumption, and instil a higher level of environmental awareness into future generations, in order to reduce environmental problems to a minimum level. It should be borne in mind that the environmental dimension is the underlying component of sustainable development of modern mankind. Human societies have long seen a rapid increase in today's global economy; The economy, which has been in existence since at least the mid-1400s, is experiencing post-crisis problems The rapid growth of technology has been part of this expansion that has strengthened the global labour divide and the importance of remote events for all. This segregation of labour allows for further expansion into limited production, and extends everywhere to expand markets and provide cheaper services and resources to increase residual value It is becoming increasingly clear that globalization is not just about saving object manifests itself on a global scale. In the midst of a global phenomenon, the most obvious is the massive movement of goods and services around the world, the flow of cash, data and information especially and people. In addition, there are technological advances and multilateral cultural communications, aided by free improvement trade in a wide range of highly segregated goods and in migration and tourism. Political change and environmental concerns play a key role.

The aim of this paper is to examine the three areas of public international law which Russia has undermined during the Ukrainian conflict are the acceptance of Russia's position in the conflict, the use of force against Ukraine, and the passportization in Donbass. This paper intends to show that the assessing of the legality of Russian acts is not as challenging as perceived. Only the perseverance of public international law would allow for the declaration of Russian actions to be illegal and the prosecution of Russia. Ukraine has long played a significant if often underappreciated, position in global security. Today, the country appears to be at the forefront of a resurgent great-power rivalry, which many observers believe would shape international relations in the coming decades. Since the Cold War, Russia's intervention in Ukraine has caused Europe's worst security crisis, owing to a variety of factors. The first section of the paper delves into the meaning of the term "grey zone" in international law. The four parts that follow are devoted to analyzing specific Russian activities as examples of conduct conducted in international law's grey zones, the historical background—namely Russian participation in the Ukraine war, the legal classification of Russian actions, and passportization.

The presentation of evidence is one of the most crucial parts of a case proceeding – it can make or break the case. Evidence in a case can be classified in several manners that have defined criteria under the law. Each mannerism that it is produced in has a different set of rules which decide the procedure of how the court shall verify it. Evidence can be differentiated in many manners. One such manner would be Primary and Secondary Evidence which is based on the fact of whether the evidence was received or made available directly or indirectly. The other manner would be Oral and Documentary evidence, which is based on how the evidence is available, i.e., through any witness stating it to or through written or stored data. Primary Evidence is always given more emphasis and value in comparison to Secondary Evidence. Documentary evidence is fairly easier to establish in the court as compared to Oral Evidence. This makes the admissibility of Secondary Oral Evidence very difficult to understand. However, there are certain situations when they are considered admissible in a court of law. This paper shall focus on understanding Primary and Secondary evidence while focusing on the admissibility of Secondary Oral Evidence.

The scientific developments that are taking place in genetic engineering are pioneering and are playing a key role in shaping the future of the world. Genetically Modified (GM) foods are certainly advancements that have taken over the food chain and have very much become an inextricable part of our food consumption. This paper will attempt to analyze the implications of GM foods in the context of global health. A comparison of the contrasting regulatory framework of USA and EU will be undertaken. Despite the tremendous potential these foods have in eradicating issues such as malnutrition and world hunger, yet they pose threats that are inconceivable and could even be catastrophic. In a globalized world that we live in it is impossible to control and contain the transcending and cross- boundary effects any advancement might have. It is not possible to retract a GMO once released and could create havoc. Therefore, it becomes crucial to ensure that all GM foods undergo rigorous scientific assessments and studies before being released and disbursed. Having a robust regulatory mechanism is the need of the hour. It is imperative to develop a uniform and standardized mechanism by having a global conversation. While USA has a very lax system in place with minimum labelling requirements and a product focused approach, EU on the other hand is quite stringent with strict process focused assessments and labelling requirements heavily rooted in the precautionary principle. The way forward seems to draw from the system in EU so as to develop a global framework based on the precautionary principle.

The following is a review on the book, ‘Rule of Law’ by Tom Bingham. Critically acclaimed by TTTT, it is an elaborate and extremely engaging read. The subject-matter of the book revolves around the doctrine of ‘Rule of Law’ which is followed in countries across the world including India. The concept is explained in a detailed, carefully crafted study of theories and practices that prevail in the social arena. What makes this book so inclusive is the fact that it includes the thoughts, theories and proclamations of a number of eminent people in the field of law and polity. Here, I have tried to capture the theme and essence of the book in a brief yet comprehensive piece of writing. The content covers a brief understanding of the topic of the book in the first part i.e., Introduction. Thereafter, a summary of the entire book along with my own analytical study. In furtherance of the impact that of the book on my mind, an attempt to relate the book’s contents with modern day practices, thereby proposing how these concepts may be applied to the modern-day world. And finally, some concluding thoughts about the book for its future readers.

The story of china’s expansionism traces its origin from the 1960s, with the passing course of time it has become an indispensable part of their global strategy. From being a secluded Asian country suffering the wrath of western involvement to being in the center of every international engagement, China’s involvement is not merely incidental but pugnacious. Fast pacing South china Sea issue among China and other states, of which the United States is a significant adversary, portrays that China is not ready to play defensively. This paper aims at unraveling China’s profuse Geopolitical Conflict of interest with other states in the light of Recent Hong Kong Agitations, the former British colony which is technically a part of the Republic of China but assumes a special Character. The paper also emphasizes on China’s stigmatic approach towards free speech and liberal existence. The Primary force has been exerted upon the legal apparatus created by Beijing in the guise of National Security Law that directly subjects the residents of the democratic Region of Hong Kong to the autocratic and communist regime of China. The paper concludes by acknowledging the Expansionist determination of the Republic of China. The hostile nature of overtly ambitious intentions of China are unconcealed and certainly not very pleasant for the Sovereignty of other states. In the international area the balance of power should keep shifting, China’s advancements certainly do not favor that argument thereby concluding the entire issue as extra-sensitive.

The practice of humanitarian intervention has always been countered by authoritarian states to justify gross and systematic violations of human rights with the help international law principles such as sovereignty of state and non-interference in domestic jurisdiction. Concept of Responsibility to Protect (R2P) emerged as an alternate to the earlier practice of humanitarian intervention in the light of its failure to deal with several humanitarian problems in the 90s. This concept provided a systematic process to deal with humanitarian problems in a comprehensive manner compared to earlier process humanitarian intervention where use of force through direct military operation was the only option available. Libyan crisis witnessed a successful implementation of this new process where the international community came together to deal with gross violations of human rights. On the other hand, the failure of international community to deal with a crisis of similar nature in Syria has raised a lot of questions on credibility and fair implementation of this concept. In the light of these two cases studies, the paper would try to understand various facets of R2P in comparison with humanitarian intervention and in contrast with principle of sovereignty of states.

Every destruction is followed by a renovation in the process of healing. While the world is now busy fighting the pandemic, the public life is gradually opening up and rising back from a setback that has demoralized the economic, social, psychological and professional life of people and technology coming in as a savior. The entire world came to a standstill when the global pandemic came in contact with mankind. It’s the greatest challenge the globe has faced since decades. In just a few matters of months, lives of people, economy, social orders and stability got transformed on an unrivalled scale causing unemployment and homelessness to many people, impacted the stock market and industries’ business causing great loss to them and also limited the companies’ growth. The education system had to commute vital parts of the syllabus for reducing the workload of pupil just for the sake of digital platform of learning. Unemployment has created great havoc in the lives of daily wage laborers and also many public sector employees. However, MGNREGA, the rural employment guarantee programme has had a great record for providing ample employment to the needy. This shall have a great impact on those livelihoods who are the worst sufferers of unemployment during the epidemic. The nation faced several challenges of altered migration, as migrants headed back to their natives in the hope of getting sustainable work for earning a living, causing wide spread of COVID-19, making high percentile in death rates. Loss of jobs, being homeless and losing the dearest ones had become more often in the period of COVID-19, however, time is the best healer to all the worries. This paper hereby comes with a detailed analysis on the reconstructive ideas on social life of people, health, sanitation, employment, education and the technological aspects to complement the prior, amidst fitting into the new normal along with proper implementations of technological resources with various sociological renovations and modifications.

Besides, the concept of the Constitution, there's also the all-important concept of 'Constitutionalism’. Modern political thought draws a distinction between 'Constitutionalism' and 'Constitution' a country may have the 'Constitution' but not necessarily 'Constitutionalism'. The underlying difference between the two concepts is that a Constitution ought not merely to confer powers on the numerous organs of the govt., but also seek to restrain those powers. Constitutionalism recognizes the need for state but insists upon limitations being placed upon governmental powers. Constitutionalism envisages checks and balances and putting the powers of the legislature and thus the chief under some restraints and not making them uncontrolled and arbitrary. Unlimited powers jeopardize freedom of the people. As has been well said: power corrupts and absolute power corrupts absolutely. If the Constitution confers unrestrained power on either the legislature or the chief, it'd cause an authoritarian, oppressive government. Therefore, to preserve the essential freedoms of the individual, and to require care of his dignity and personality, the Constitution should be permeated with 'Constitutionalism'; it should have some In-built restrictions on the powers conferred by it on governmental organs. This paper analyzes role of judiciary in upholding constitutionalism. The study shows vital role played by the Indian judiciary in upholding the rule of law in the country. The Constitution of India helps in over all shaping of political, economic and social development of India. The Constitution assert& ensure the fulfillment of diverse nationwide goals.

The different kinds of theories of punishment have been hugely debated over time. We shifted from the deterrent theory to the reformative theory due to its threat posed to the power of the sovereign. The theory aimed to achieve a fundamental shift from bodily harm to the transformation, discipline, and control of the mind and body of the criminal to be a better fit in society. The deterrent theory soon got based on Bentham's idea of the panopticon, which is still followed today. However, Micheal Focualt analysed Bentham's idea of the panopticon and stated how we live in a society that is being evolved into the same panopticon structure. How we are leading lives where we are under constant surveillance and the pressure to conform to the 'norm.' He points out how even the sighest digression from what is structured to be 'normal' by the society puts us into the limelight and, for most parts into trouble. However, a deeper understanding of Foucault's analysis reveals how our judicial system's incompetence wasn't our problem, but our social structure and society is what brings us down in an attempt to safeguard the government's authority and power and produce 'obedient' citizens. Numerous contemporary examples from different corners of the world exposing the various methods adopted by the society and the governments in light of Foucault's analysis of the panopticon, which if not paid heed to soon may threaten to destroy our entire foundation of the society along with the power and authority of the sovereign or the government becoming uncertain have been further elaborated to get a better understanding of the topic.

Terror is a threat that for years the international community has already been striving to respond to. Not only are the obvious problems lengthy, and also urgent. Terrorism is in no way the handiest option now; a political wing can brazenly increase funds, run schools, and contest elections. The loner with a grudge has a desire to embrace terror, and may be the laptop hacker next door, this has become easy and affordable. At the opposite of the scale, nation-subsidized terrorism takes the area of war. The unfavourable power of terrorism is at the upward thrust, and the maximum advanced societies are the most prone. Moreover, the society isn’t aware about the law pertaining to it. The author in this article has shown light on the what is terrorism, what are it causes and what are its consequences. The author has closely associated the role of International Humanitarian Law with terrorism, the laws pertaining to terrorism and what are the impacts of terrorism.

The research paper aims at understanding feminist legal theory and putting across points which will prove that how making laws gender neutral would destroy the little security that women have managed to gain after a long battle against the patriarch society. The research paper describes the different theories that led to the oppression of women and the emergence of a feminist era. The paper puts across the opinion that making such laws gender neutral will put females in a vulnerable position and years of struggle would go down the drain in mere seconds.

All the companies in India have to follow the provisions of The Companies Act in order to be registered and function within the jurisdiction of India. Previously for almost five and a half decades there was the Companies act 1956 to regulate the workings of the companies. In the present scenario it has to be abided by the provisions of the new amended act of 2013. the amendment in the act has been brought in order to improve the prevailing legal frame work. Under the new act there is a chapter specified for Compromises, Arrangements and Amalgamations which covers from Section 230-240. The 1956 Act also covered the same topics within the specified section of 391to 396A. There are certain provisions which were not been covered by the old act, but this has been remedied in the amendment. However, there exists differences between these provisions for example 1. As per section 394 of the previous act Inbound Merger was allowed but as per the new act In as well as Outbound merger is also allowed. 2. Transparency in the documents have been increased in the new act, as per the act all the valuation reports of every meeting is to be disclosed to the Central Government and no merger or arrangement can take place without the sanction of the Tribunal. 3. Section 233 of the amended act provides for amalgamation between two or more companies without the approval of the NCLT this provision was not existing in the previous act. 4. For approval of any scheme 3/4th of the value of the creditors or members is required along with the Tribunal, it was done through voting in person or by proxy but now the 2013 act has also included the secret ballot as a method for approval. There are some other differences between both the acts which can be seen under further elaboration. Here it can clearly be seen that the main objective of the Companies Act 1956 was to setup a legal framework for the easy setting up of companies in the country, however the 2013 Act aims to simplify these objectives but speeding them up.

The World Collapses is a fictional narrative that describes the contact between the Ibo of Nigeria and the European missionaries who came to evangelize them. The first moments of this contact were characterized by extreme violence on the part of both the Ibo and the white missionaries. With the complicity of their oracle, the abame men kill the first white missionary who came to propagate the Christian religion. The white missionaries accompanied by their black men of hands will slaughter all the inhabitants of Abame gathered on the day of the market. After these moments of violence, the white missionaries will eventually establish their religion thanks to the too rigid stratification of the social structure ibo: the left behind by traditional practices, the worthless men and the parents of the twins, will be the first to adhere to the new religion. The logical continuation of this accession is the establishment of the Catholic Church and with it, that of the new school and the colonial administration.

In this paper we have focused on the concepts of Choice of Law and Jurisdiction under Private International Law. We shall be focusing mainly on the importance of these concepts during the formal execution of International Contracts. International contracts are becoming more relevant because corporations, firms and individuals are taking part in international forums to expand their enterprises, employees, charities, land exchanges, joint ventures or collaborations. A country must be adequately careful to respond to questions arising from cases concerning foreign contracts, and this can only happen when courts recognize the concept of jurisprudence. Sometimes it occurs that an advantageous party will attach jurisdiction provisions that support it and therefore then only the words of a clause, and not the true meaning of the parties, must be tested by that court. There are also situations in which parties have no competence provisions, and the court should consider the closest relation between the places in which they and the parties or corporations are permitted to go. Choice of Law is the selection of the appropriate law which has to be made as per the rules of Private International Law. Jurisdiction is meant to be the power of a court to hear and to adjudicate an issue on which a decision is sought. We shall further delve into the detailed explanation of these concepts with reference to the execution of International Contracts.

The duty of courts is to do justice to the aggrieved parties. The constitution of India empowers the courts in India with wide range of powers in order to deliver justice. Article 142 of the Indian constitution is one such provision which empowers the supreme court to pass any such order or decree for doing “complete justice”. The supreme court of India on various circumstances has invoked article 142 in order to deliver complete justice. Such provisions become necessary in a democratic form of government which requires a system of checks and balance between the organs of the state. Article 142 also enables the supreme court to fulfil its role as a guardian of rights of the citizens against the arbitrary use of power by the government or any official. However, in recent times courts have been accused for invoking article 142 and overstepping their limits and violating the principles of the doctrine of separation of powers. There are many contentions raised that the judiciary needs to restrain itself from stepping and assuming the role of the legislature and other administrative bodies. Though the doctrine of separation of powers finds a place in the Indian Constitution, it is not applied in the strict sense. The Constitution of India through its provisions clearly separates the powers and functions of the organs of the state but it does to expressly mention about the strict implementation of the doctrine of separation of powers.

The Patent regime confers on the creator the exclusivity to protect, preserve and safeguard technologies, innovations or inventions in accordance to the every industry patent standards. The role of patenting becomes more crucial when patenting system of technology and invention vary in different ways in different industries, thereby requiring the patent regime to outlay and strategies to the needs of the industries. This paper aims to showcase the role of a healthy patent protection regime in two industries. A patent regime in Pharmaceutical Industry aims at the commercial viability, profiteering and advancement in remote areas and also tackle the issue with ever-greening. Whereas, in the Information and Communication Technology technologies have become fragmented proprietary knowledge over the years of development causing difficulty in the commercialization and licensing of the technology and highlighted the issues of Patent Thicket and issuance of FRAND license in the industry. Further the paper aims to evaluate the challenges, complications and reluctance by the Pharmaceutical giants like Pfizer, J&J, etc. to create a UN backed medical patent pledge and patent pool to come together unanimously to develop a vaccine and tackle head-on the Covid-19 pandemic.

This paper attempts to study the right of employment of the Persons with Disabilities, the various kinds of disabilities, the awareness level among the people and also make a brief analysis of the problems faced by the disabled people in relation to employment. This paper primarily tries to highlight the gap between the legal idealism of the objective and principles as laid down under the Convention on the Rights of Persons with Disabilities, 2006 as well as The Rights of Persons with Disabilities Act, 2016 and the social reality of level of awareness amongst the people regarding the right of employment of persons with disabilities and the implementation of the said principles and objectives. The research work is essentially empirical in nature and is constricted within the limits of Behala locality which is a small locality in the city of Kolkata, India.

The COVID -19 pandemic has affected nearly all the sectors of the economy and online business platforms are no exception to it. Recently there is a rise observed in the domain name registered by the person who is not the owner of such undertakings, such practices are coupled with infringement of trademark internationally where squatter’s reserves the Meta tags similar to the famous brand names. Even though there are organisations which coordinate and manages with the domain name system and look at the distribution of the domain names and IP address but in India there is no such legislation which explicitly helps in resolving disputes related to cybersquatting and protect domain users. There have been precedents which persuade and have dealt with such cyber issues but there are no current applicable laws to give legislative force to the cybersquatting offence. There is a need to have tribunal and a parallel body to be formed in India which could look into such issues more seriously.

The scourge caused by a virus of a size smaller than that of a pollen grain will go down as one of the most trying times for humankind in the annals of history. It made governments around the world impose lockdowns, halt international travel and roll out a slew of other measures to prevent the contagion from spreading. Everyone was stopped in their tracks and locked down in their homes, worried about the damage corona virus could cause to their health. This led to a heightened consciousness about health among people. The right to health is a fundamental right that a citizen can demand from the State. However, India has not seen much investment in healthcare. Addressing this concern has become exceedingly relevant after the Covid-19 pandemic. Corona virus had various pharma companies rush to become the spearhead of vaccine development programme and, clinical trials have been under sudden limelight and scrutiny since then. The trial protocols were amended by the regulators to give quick approvals. However, clinical trials have not been free from unethical practices that violate the human rights of volunteers. A safety checklist needs to be completed before approving a trial so that it does not become a trade of flesh and blood for money. Thus, the Covid-19 pandemic brought to fore the necessity to inspect India’s clinical trials research. Also, it is an appropriate time to remind the government to fulfil its duty towards the health of its citizens. This can be done by increasing investment in health infrastructure and facilities and making ‘right to health’ as a separate fundamental right which can be legally enforced. But, while ramping up health facilities in general and clinical trial facilities in particular, in the current view of the pandemic, ethical protocols and practises must not be compromised.

We have heard about a lot of scams but probably the most painful and shameful scam of our society which is moreover an irreversible damage is being done to our mothers, sisters and daughters across India over a past few years which is the unnecessary removal of the uterus called Hysterectomy. The paper seeks to elucidate the unnecessary surgeries being performed by the doctors on thousands of Indian women having their wombs removed in operations that are unnecessary and only performed to make money by unscrupulous private doctors which is a blatant malpractice along with the serious impact on women’s mental, physical and hormonal imbalance. The paper also throws light on the issue that why such a procedure has become a regular norm in the villages and how are women made to believe that PERIODS HINDER WORK, attract fines and the work is halted. The following research paper will also highlight the fact that why are women seen as the most vulnerable part of the society and why is the life of women always at risk, and are there any prevalent laws in the country regarding the same, what parts of country are mostly engaged in the procedure. It also throws light on the fact that there are no records on the number of hysterectomies performed by the private clinic and why are the authorities ignoring the fact that it is an important reproductive health concern. The paper also throws light on the steps taken by the government to resolve the same.

“Mumbai’s elderly couple Narayan and Iravati Lavate said that they do not wish to be a burden on society in their old age. They feel that they are of no use to either themselves or society and believe that living against their wishes is a “waste of the country’s scarce resources as well as theirs. Why should we wait for our condition to deteriorate? Also, what will the other do when one dies? What is the point in wasting money in treating old-age ailments when one has to eventually die?”” Right to life includes the right to live with dignity. Right to life also includes the right to die with dignity. But the question is that with pain can there be dignity? Would not the denial of the right to die be a violation of the basic fundamental right bestowed upon under Article 21 of the law of the land i.e. the Constitution of India? But there is another side of the same coin. Won’t euthanasia weaken society’s respect for the sanctity of life? Won’t euthanasia give excessive powers to doctors to decide who has the right to live and the right to die? The research paper discusses the pros and cons of Euthanasia and highlights on the point of how legalization of euthanasia can cause a highly negative effect on the mindsets of the people.

The force majeure clause in a contract has gained significance from time to time among businesses and individuals, which helps protect the interest of the parties when the contract becomes impossible. The clause helps reduce the damage that the parties may face due to the occurrence of the incident. Although the clause is recognized and can be legally enforced by the parties in India, it is not specifically mentioned under the relevant legislations such as the Indian Contract Act of 1872. Under the legislation, section 32 and section 56 of the Act states the contract merely as void, leaving no room for the parties to renegotiate in case they face situations where the contract cannot be performed. They are narrowly constricted and do not give the parties the opportunity to negotiate terms. The need for recognizing the force majeure clause under Indian legislation is needed now more than ever. With the changing dynamics of how trades, businesses and contracts are taking place between people, the force majeure clause helps ensure that the parties are secured. The relevance of the clause has been emphasized at the time of emergencies such as the COVID- 19 pandemic. The author through this research paper would like to put light on the need for recognizing the clause under relevant legislations and the need for encouraging more and more individuals to opt for Force Majeure clauses especially at a time of global crisis such as the pandemic. The author would also like to throw light on the need for India to ratify international standards which recognize force majeure clauses and help specify where it can be enforced especially at the time when the world is facing a global pandemic.

Artificial Intelligence, it’s a machine approach. AI doesn't have to be self-explanatory. At first the machine will try to realize what needs to do and then do it. In the field of education, artificial intelligence has already achieved its target towards questions based on the child's weakness, the rate of frequency of visits to a Web platform, the total number of views of a video file, the study of student behavior, their activities etc. Several studies proved that normally student’s behavior tend to go more towards the robot than the teacher when asking questions. This is happened because the students are not afraid of the teacher by repeatedly asking for queries, as the robot has neither emotion nor social life! In our day-to-day life AI is playing a very effective role in education sector by modulating the course structure as per the strengths and weaknesses of each student. The teacher represents him-self or her-self as a human mentor but he/she always tries to support the machine activities. In some circumstances, the role of the student will also be changed. The role of a teacher will be more important, that he/she has to respond to the social platform where the machine cannot do its job. We never forget human contributions towards the development of artificial intelligence in our life. With the enhancement of ICT in the teaching of foreign language, teachers and students will always try to communicate and collaborate with the native speaker and also non-native speakers around the world.

India continues in receiving refugees notwithstanding its overpopulation where millions of people are below poverty line and are debarred from basic amenities. In absence of uniform refugee laws in India and taking consideration of the political tactics, there's always a scope of discrimination. India’s kindness for some refugee communities and ignorant behaviour for Muslim refugees specifically Rohingya Refugees has raised a doubt on its way of refugee dealings, and has posed question on the very secular face of the Indian state. The enactment of the CAA and NRC additionally raises a question whether the Indian government is partial towards one particular refugee group. Although, the government calls Rohingya refugees as ‘illegal immigrants’ and a threat to national security but there’s still no proof of it. The people without any roof over their heads along with no source of income can not certainly be a threat to India's national security. Moreover, protecting and providing shelter to every persecuted minorities who is Buddhist, Hindu, Jain, Sikh, Parsi or Christian from certain states leaving Muslims is itself appears discriminatory and violates the basic structure of the Indian Constitution. The research paper is dealt under different segments with the introduction to India’s refugee policy in the beginning, moving forward with who the Rohingya refugees are and their cause of migration to India, and how they’re struggling for life and liberty and what’s India's stand to it to give better understanding of the topic. The researcher further outlines the need for uniform Refugee laws in India in order to prevent discrimination and the secular nature of the Constitution, and few solutions to the current crisis towards the end of the paper.

Good health of populations is reliant upon the continued stability and functioning of the natural environment. Yet, we tend to disregard this long-established truth that the global climate system is an essential component of our lives. The existing data projects the devastating effects that climate change has on public health security and the developing country populations, particularly in small island states, arid and high mountain zones, and in densely populated coastal areas are considered to be mainly vulnerable. India has a population of over a billion and 700 million people living in rural areas directly depends on climate-sensitive sectors like agriculture, forestry, and fisheries and natural resources such as water, biodiversity, mangroves, coastal zones, grasslands, for their survival and livelihoods. The change in climatic conditions will result in frequent and intense heatwaves, floods, and draughts affecting the lives of the vulnerable in India and would further escalate vector-borne diseases such as malaria, and diarrhoea which can cripple the already pitiable public health infrastructure in the country. In this background, the paper will look into- How is climate change impacting India today and who are the most affected, and how will climate change impact the human health in India?

Climate change has become an unprecedented challenge due to the severe consequences that we face today as a direct result of it. In the last few decades, global warming has been increasing rapidly. There is a common notion that global warming only makes our world warmer. But it causes far more substantial changes in the climate resulting in events like droughts, floods, hurricanes, abnormal hurricanes etc. These changes are expected to put millions and millions of lives in danger. Climate change challenges traditional notions in International environmental law. Furthermore, efforts must be taken to curb this pandemic in making. This article aims to highlight the challenges that we as a civilisation face due to environmental degradation every day and how this will lead to a bigger pandemic than COVID-19. It not only puts forward the impact of climate change but also examines the international legal instruments adopted in response to the same. The article tries to discuss whether these international rules represent the proper paradigm to address the problem we are facing caused by climate change. It also puts forward certain suggestions as a way forward to deal with the consequences of global warming.

A culture can be defined by its adherence to its customs. These customs are recognised and legitimised in the eyes of the law and given legal sanctity. Customs can also become an excuse to strengthen the foundations of patriarchy and usurp the rights of marginalised communities such as widows. This paper will analyse the custom of widow inheritance, which, unlike what the term suggests, is not about what widows inherit upon their husband's death but how widows themselves are inherited as property. They are subsumed into her husband’s family, generally, his brothers, to take control of the property left behind by her husband. Using the radical feminist lens of the theorist Katherine Mackinnon, this paper will use her book,” Toward a Feminist Theory of the State” to understand how the State is complicit with the structures that keep these customs in existence. The practise of widow inheritance is widely practised in sub-Saharan Africa. However, this paper will be focus specifically on Uganda and use its statistics and laws to examine the interdependence of customs and the State.

India is a country where the rate of poverty as well as the rate of crime is increasing day by day. With the amount of population in our country everybody is not able to get employment or live-in standard of living. It is also true that crime not only happens against people who can afford to fight against it. Even by the rule of natural justice everyone has a right to be heard. Article 39A of the Indian Constitution, 1949 inserted by the forty second amendment discusses the right to equal justice and free legal aid. It provides that all the citizens of India have a right to seek justice if their right has been infringed and if they don’t have the resources to fight for the rights the state shall provide free legal aid to them. This paper mainly focuses on following objectives i.e., 1) What is the interpretation of the term equal justice?, 2) What is the understanding and applicability of free legal aid?, 3)An overview on the applicability of article 39A in our country. The cases which will be discussed in the paper are State of Maharashtra v. Manubhai Pragaji vashi & Ors, Manoharan v. Sivarajan & Ors, Hussainara Khatoon & Ors v. Home Secretary, State of Bihar, B Sunitha v. State of Telangana and many more. The case law will also help us understand the interpretation of the Courts with regard to article 39A.

Child labour is a diabolical practice which still prevails in many developing countries despite the efforts made by the authorities to recognize and curb it. It has been seen over many years that, destitution forces helpless families to send their kids to work, which brings about a significant issue the world is confronting these days. It can leave numerous extreme outcomes on youngsters and their families. At the point when child labour, it doesn't mean as a norm, they uphold their families financially, neither every one of them get paid for their work since a considerable lot of them fill in as fortified work or as slaves. Furthermore, they deal with numerous issues which may make perpetual harm their childhood. This paper centers around driving variables of child labour in India. The different types of child labour and wellbeing dangers they are confronted with. Different causes behind its reality, as this unpredictable and confounding issue, can't be ascribed simply to just one reason. The negative consequences of child labour, for example, general child injuries and abuses. The outcomes from this study clarify the reasons which powers kids to work, destitution. This paper likewise makes the inference that authorities, social orders, and networks ought to coordinate in a superior manner with one another to diminish child labour. Conceivable and advanced arrangements and ideas are emerged toward the finish of this paper.

Movies are mirror of society. From happiness to sorrow, entertainment to information and sometimes critique of existing system. Bhootnath Returns is one of the movies that claim critical thinking about the democratic set up and Indian society. The central positioning of the plot of story based on the ghost and children. The economic and social background of children from slum is another point to sketch from subaltern perspective. The hope of positive change through light of laugh is also attractive. This short note is based on sociological analysis of a movie and its political message through a critical review.

Forensic linguistics is a branch of linguistics that applies the principles of linguistics to solve legal issues. Jan Svartvik, the father of forensic linguistics, was the first to apply his knowledge of linguistics to solve a crime, which gave birth to the discipline of forensic linguistics. Though there are numerous applications of forensic linguistics in criminal investigation, this paper deals with 2 essential applications a) handwriting analysis and b) author attribution with special reference to the ‘Timothy Evans’ Case and the ‘Devil strip’ case. Forensic linguistics and its application have been heavily criticized for being abstract, vague and very subjective in nature making its application very unpredictable. But, one cannot deny the various instances in which it has helped the courts in judging cases. Thus, the paper aims to analyze the position of handwriting expert opinion as evidence in India with reference to various case laws.

The Natural law is based on moral values and ethics values. Natural law theory maintains that the law should be based on the morality and ethics values. Natural law also known by different name of Law of Nature, Universal Law, Law of God, Divine Law, External Law, Unwritten Law and Moral Law so on and it is dominating the whole structure of law, political and social philosophy of present period. Natural law theory prevails commonly over the whole world in the same way and any positive law (man-made law) which is opposing to natural law theory is of no legitimacy. Therefore, natural law is not body of definite enacted rules and interpreted laws which is enforced by courts but it is discovered by human through the use of rights reasons. Today, natural law theory has made its existence in all legal systems in the kind of socio- economic justice. In the ancient times, natural law was known as those unwritten principles and rules of law which are superior to any other law in respect which all other laws should be made. These principles were considered as everlasting and unchangeable. In medieval age, natural law was given a religious touch, having a divine origin. In modern classical era, it occupied non- religious character. The theory of natural rights is closely related to natural law. Its exponents assert that all men are born with certain rights and these rights are inalienable. According to Hobbes, the right of self-preservation is a natural right. Locke provided a clear-cut statement of the theory of natural rights. He argued that life, liberty and property are the natural rights of the individual. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever the government becomes destructive of these ends, it is the right of the people to alter or abolish it. Thus, the main feature of natural law is the reason common to all and which controls everyone equal. It builds up the theory of equality.

As a secularist state, China has consistently been profoundly touchy about strict practices, especially Islam. During the last part of the 1990s and particularly after the 9/11 fear-based -oppressor occasions, the public authority manner of speaking has been to compare the Islam information and personality with brutal ethnic dissidence, and as of late radicalism and psychological conflict. Subsequently, the Uyghurs' entitlement to get to Islamic information and practice Islam has been progressively limited and decreased. Subsequent to inspecting the new history of Chinese way of talking and strategies in regards to the strict schooling in Xinjiang. More than thirty years after the June 1989 Tiananmen Square crackdown, the Communist Party of China remains solidly in power. The United States Branch of State portrays the People's Republic of China as a "tyrant state." PRC pioneers have kept up political control through a blend of suppression and responsiveness to some open inclinations, conveying monetary flourishing to numerous residents, co-selecting the center and instructed classes and stirring up patriotism to reinforce CCP authenticity. The contextual analysis of this article explores the present-day illustration of Uyghur minority in China and examines whether this advanced social annihilation can prepare for the acknowledgment of social massacre as a worldwide wrongdoing or whether the Uyghur culture will turn into a wakeup call for minorities latter.

The judiciary defends the Constitution and citizens' rights from the unconstitutional acts of the legislature and the executive. In a case where a particular law has become obsolete or is inadequate to meet the needs of the moment, the judiciary gives a sense to the current provision of a statute to address the issue. It is three government wings have specified powers and tasks for executive, legal and judiciary authorities, but there are instances in which the judiciary must fill the void created by the failure of the other two wings. It is the use of legal authority to define and implement what is advantageous to society in general and individuals in general. The Judicial activism in India affected almost every dimension of life, and it has been more than legal, or written in black and white, in the process. There are objections that the judgment violates the separation of powers principle. This research paper critically analyses the diverse aspects of the issue which includes separation of power in India, the judicial function, the power of judicial review, judicial activism and judicial overreach.

Laws are always required to cater the needs of both the present and the future technologies. In the present age, there is an increasing magnitude of issues the employees counter at the workplace. A smooth workplace is crucial for both the employers and the employees for a progressive national development. Employee’s privacy at workplace is one among the unspoken heads in the privacy regime. If India lacks a sound privacy protection, there would be a massive drawback in its position on the global map. This paper articulates the existing legislation on employee’s privacy in U.S, EU and India. Further, it points out the loopholes spotted in the Indian Legislation. Finally, the authors compare different country’s models of the employee’s privacy regime and suggest the best befitted model for India.

Offences against Women in India are dealt as if “All water under the bridge ” and the perpetrator set free on outrageous grounds .The people especially the female section affronts with the claim of actions are not taken in accordance with the Grievousness of the crime and punishments meted out are mild in proportion to the severity of offences .Perpetrator is granted relief on interim or permanent grounds by the various courts in India but it is often felt the severity of crime was misjudged and needs a in depth evaluation to display its affect on the growing offences against women.

The Budget session of the Parliament was shook by the scathing remarks of Member of Parliament, Mahua Moitra on judiciary and the current government. She started of the speech by invoking her “garb of Parliamentary Privilege”. As per the definition given by Sir Thomas Erskine May, Parliamentary Privilege refers to the “The sum of the peculiar rights enjoyed by each house collectively is a constituent part of the High Court of Parliament, and by members of each house of parliament individually, without which they cannot discharge their functions, and which exceed those possessed by other bodies or individuals.” Article 105 and Article 194 of the Indian Constitution deals with powers, immunities and privileges enjoyed by the members of the Parliament. These privileges includes the freedom of speech in the Parliament as well as the immunity from any action on anything said or done by him in Parliament or in committee thereof. They also include immunity to a member from proceedings in any court in respect of the publication in any report, paper, votes or proceedings. The House has the power of contempt with respect to any violation to the same. In this article, I shall delve into extent of the parliamentary privilege and whether the immunities mentioned above shall be competing with judicial review. In the first section of this paper I shall delve into jurisprudential analysis of legal rights and privilege: with reference to Hohfeldian analysis of rights. In the second part of the paper I shall make a comparison of parliamentary privilege with respect to the same followed in U.K and Australia. The most important question to be analyses is whether the immunities provided under Article 105 and Art 194 is contrary to the principle of judicial review or do they work simultaneously?. In this section I shall look into whether parliamentary privilege mentioned in Indian constitution is against the concept of judicial review. In the final section I shall look into whether the concept of parliamentary privilege is in need of repealing or codification? Since the very concept of parliamentary privilege is antithesis to rule of law, I shall examine whether the immunity require a codification.

This study is concerned with enforcement of Foreign Arbitral Awards under the relevant regimes in India, both local and International. The easy enforceability of arbitration awards is considered one of the main factors in success of International Commercial Arbitration. This paper not only attempts a comprehensive analysis of requirement and procedures for recognition and enforcement of foreign awards in India but also evaluate whether Indian laws and practice comply with best International practice standards especially embodied in New York Convention 1958 on enforcement of foreign arbitral awards. This report comprises of five chapters. The first chapter examines legal framework and provides a brief history of rules governing arbitration and enforcement of foreign arbitral awards. Chapter two looks at general principles governing regarding enforcement of foreign arbitral awards. Chapter three covers jurisdiction in enforcement of arbitration awards in India. chapter four examines procedural steps demanded by each state for enforcement of an award, looking particularly at import of relevant international conventions on other issues. Chapter five deals with the limitations in the enforcement of foreign arbitral awards. The concluding chapter talks about discusses brief summary of all the problems and suggest common way forward for legal system of state in dealing with these issues. There needs to be a lot to be done in the area of arbitration with regard to foreign awards. The Act itself need a review and the precedent set up by the courts are somewhat perplexing. The enforcement of foreign awards require a cooperation at both national and international level. There needs to strike a balance between the New York Convention and Arbitration & Conciliation Act, 1996.

Artificial intelligence and laws are coming to appoint where revision of laws is required to keep up with the technological advancements. Artificial intelligence is developing rapidly and there are possibilities that it may take over a lot of human endeavors one of which may also be a large part of law profession. Lawyers with their teams spend a lot of time in understanding and placing Patent claims. Hours are spent in investigating and analyzing the novelty, utility and non-obvious nature of products and processes for which a claim is to be presented. A substantial expenditure goes into the process of patenting something. Facilitating laws by including AI in the whole process may substantially save us time and money involved in the process. This paper has addressed how the old concepts of Intellectual Property are being stretched to the maximum to accommodate the disruptive consequences of the advent of Artificial Intelligence. In other words, granting Intellectual Property protection to Artificial Intelligence results, paradoxically, into challenging the very foundations of Intellectual Property law.

Torture is as old as humanity is. Custodial torture including death of the accused is not a new phenomenon it has been practice from ages. Judiciary is the third pillar of democracy. It plays a major role in protecting the fundamental right as well as human right of the citizen in India. The Supreme Court of India has passed number of judgments in which the sufferer of custodial violence has been protected. The apex court is vigilant against any kind of malpractice or violence inflicted upon the victim of torture by the public officers i.e., police while in custody. In fact, Indian judiciary even applies the general norms of international law and treaties which are universal for the protection of right of the victim of custodial violence. It is a well settled law that if any norms of international law or any international law if not contrary to Indian law can be enforced in India legally. Under the umbrella of Article 21 Constitution of India,1950 any form of torture or cruel, inhuman or degrading treatment is prohibited. Torture is not permissible by law either it occurs during investigation, interrogation or otherwise. The state is responsible if a person in custody of the police or other is deprived of his life except in accordance with the procedure established by law. However, when the matter comes to the court, it has to maintain the balance in protection of fundamental right of the individual and duty of police and only remedy given is compensation. In this paper, we will see how Supreme Court extended his hand for the protection of victims of custodial torture in police custody and judicial custody and custodial torture against women and children.

The worldview is inconceivable without the interplay of religion and violence. The human population has categorised itself in different sects based on the religious beliefs. The conflicts between the religious communities have predominantly resulted in violence. The concept of religion is such that it knits the community so finely that even a minor threat to their religion could open doors to massive bloodshed. Though the major religions in the world preach peace yet the human race has been a witness of gruesome wars and battles in the name of religion. The religion based violence include the great The Thirty years War, Bosnian Wars, The French Wars of Religion, the Protestant- Catholic conflict in Ireland, 9/11 attacks etc. This paper is aimed to analyse with examples the contemporary issues of conflicts between the religion and the cause of violence. The approach towards writing is from the point of understanding the relationship between religion and world peace through understanding the dynamics of religion, politics and violence. The paper would further delve into the conflict resolution to conclude that there is a mid way where religion and peace can meet in the world today.

In March 2019, the Bombay High Court in the case of Tips Industries Ltd. v. Wynk Music Ltd. and Anr, ruled that online streaming platforms like Spotify, Saavn, Gaana etc, do not fall within the ambit of ‘broadcasting organisations’ under Section 31 D of the Copyright (Amendment)Act,2012 and therefore, will not be entitled to receive statutory licenses . This decision raised split opinion as to the status of online streaming sites with respect to statutory licensing, since the term ‘broadcasting organization’ does not find a definition under the Act. The Judicial interpretation of the term and the Legislative Amendment to the Act proposed in 2019, contradict each other. The latter clarifies that it was the legislature’s intent to include online streaming platforms within the ambit of ‘broadcasting organizations’, yet leaving the qualifications of a ‘broadcasting organization’ under the Act, unspecified. The lack of legislative clarity warrants excessive judicial interpretation by different courts each overruling previous judgments based on the Court’s interpretation of the law, which is equally inefficient as it is unnecessary. This paper intends to criticize and counter the decision of the Bombay High Court, and make a case for the inclusion of internet streaming services into the statutory licensing scheme providing both economic and experiential justifications. It will also analyze the insufficiencies of the existing statutory licensing framework, suggest reforms and propose standards and guidelines for the setting of fair and reasonable royalty rates by the Copyright Board.

Intellectual Property Rights are a set of rights that provide and protect creators for their creation for a stipulated period of time. It consists of trademark, patents, copyrights and trade secrets. On the other hand, Fashion industry is an emerging sector which is responsible for setting up new trends, changing the perspective of viewers. Fashion Industry consist of clothing, shoes, bags, jewellery and much more. Every year, Fashion industry comes up with new design and products. Thus, it is important to safeguard these products and ideas in order to get its original owners, the respect and benefits, they hope for. The researcher in this paper has tried to explain two very famous concepts, Intellectual Property Rights and Fashion Industry, which are very much prevalent in and around the country. The researcher has tried to focus on the idea that IPR and Fashion industry are complementary to each other. Many different concepts of IPR like patent and trademark protect the components of Fashion Industry and will play even greater part in future via Job Opportunities and Indian economy. Along with popular and recent case laws, the author has also presented conclusion to this article.

The general rule is hearse evidence is not admissible but Dying Declaration is an exception to it which is based on an legal maxim ‘Nemo moritus praesumitur mentire’ which means ‘A man will not meet his maker without a lie in the mouth’. The term Dying Declaration came from word Leterm Mortem which means words before death. Any statement made by the person dead is known as Dying Declaration. Dying Declaration is a statement written or verbal made by a person as to the cause of his death or as to any of the circumstances to the transaction which lead to the death. This concept has been explained under section32(1) of Indian Evidence Act,1872. Dying Declaration can be proved by the person who records it. This paper explains the concept of Dying Declaration, the statements which are relevant under Dying Declaration, what all facts are to be taken as admissible under Dying Declaration and under whom Dying Declaration made has the highest evidentiary value.”

This paper tries to understand the relationship between intellectual property rights and traditional knowledge by examining the relationship between the TRIPS agreement and Convention of Biological Diversity. Initially, it was the concept of ‘common heritage of mankind’ which guided people while dealing with the natural resources across the globe. Genetic resources were moving freely with no restrictions. The knowledge associated with these resources was also moving freely. With the progress in trade and development, the exploitation of each resource and its privatization took place. The distributions of biological resources were unequal in developing and developed countries. The developing countries were rich in its biological diversity whereas the developed countries don’t have enough biological resources. Instead they were having technology to utilize these resources and convert them into other forms of products. Slowly, something that belonged to all of us was converted into the hands of a few. This flow of resources was being regulated through a property mechanism. Industrialized nations were taking these resources out of the common pool and were then restricting its use. This they did with the help of intellectual property rights. The local and indigenous communities were left with no shares and benefits arising out of these resources and the knowledge associated with these resources. It is very interesting to look upon the concept of traditional knowledge and intellectual property and to examine how IP is used to protect TK.

India has made progress on nearly all the frontiers of agriculture, industry, education, culture, and international relations over the past seven decades. This race to development has been planned and implemented through urban industrialization in and around a few mega-cities and metropolitan municipal corporations in a handful states in the Union of India. As a result, as expected and warned by the experts and philosophers, the lopsided and inequitable growth in the chosen few pockets in India has created socio-economic imbalances and tensions. As a result, historically unprecedented number of people have migrated to those “lands of opportunities” in search of the daily bread and work for the hands. This problem has been exasperated by the mindless encroachment upon the habitats and traditional livelihoods of tribal communities, deep and remote rural population, artisans, and nomadic communities in India. Unfortunately, the majority of our policy makers and legislators, especially scattered in small towns, villages and underdeveloped parts of different States in India have not yet worked on this impasse. Their politics are “regional or local” and they are continuing to influence their constituencies through communal or religious or short-sighted populist engagement with the respective power centres through their ballot-box politics alone! The efforts of remediating the uninvited impacts of industrialization and urbanization have been institutionalized by the Central Government and also by the State Governments. All seem to be agreeing that the only remedy in the present circumstances could be through inducing growth in rural agricultural economy and ensure environment-friendly sustainable industrialization in cities as well as in rural areas. Fortunately, India has been the signatory for the so-called “Millennium Development Goals” (implemented during 1st January 2001 and 31st December, 2015) as well as the currently implemented “Sustainable Development Goals” put forth by the United Nations (implementation planned for 1st January 2016 through 31st December, 2030). It is understood now that the commitment to “sustainable development” can only be implemented through the administrative law and executive procedures as well as by involving the civil society, non-governmental organizations (NGOs) and community-based organizations (CBOs) in supervisory and watch-dog capacity. The Comptroller and Auditor General (CAG) of India is a Constitutional Authority appointed by the Hon. President of India to head the Supreme Audit Institution (SAI) of India. Through their annual CAG-Audits in the Central and State Governments, the SAI have lately begun to widen the scope of their Audits by including sustainability-related parameters. It is hypothesized in this research that the Supreme Audit Institution (SAI) of India needs to incorporate sensibilities related to environmental protection and sustainable development while ensuring fairness, transparency and good governance related to expenditures by governments and public institutions; so that the spirit of the Preamble in India’s Constitution is honoured. This research is conducted with the help of CAG Audit Reports and information available in public domain and evaluated the significance of the innovative and courageous role adopted by SAI in the recent times. This deviation from the conventional role of CAG is expected to help the Central and State Government Departments and Agencies to aim at sustainable development of our country and also justify expenditures to fulfil the mandates of the Constitution of India, National Environmental Policy (2006) and Environment Protection Act (1986) and several schemes and programmes to help the weaker sections of society. The CAG Audits will also certainly help India to fulfil her commitments to the United Nations and get benefited by successfully implementing the Sustainable Development Goals.

The right to information is the essence of democracy; it empowers individuals to access information that is being kept by the state. It ensures transparency as the government remains accountable to individuals in the way it carries out its functions. The saying “power corrupts and absolute power corrupts absolutely” stands true. Right to Information cannot implement in isolation, and it can only provide with specific restrictions, checks, and balances. The right to privacy renders the citizens with a right to control the collection, access, and use of their personal information that is in the hands of the state. As the two rights are premised upon radically different normative foundations, and they offer divergent theorems henceforth, potential conflict between them is inevitable. When there is friction between the privacy of an individual and the Right to Information, there is no yardstick to weigh which right should prevail over another. The two valuable rights overlap extensively, and the existing structure is incapable of segregating the two without causing prejudice to either. The legislation and judgments available in India on this issue have led to various debates related to regulations governing access to personal information by the government. As truly said by Michel Foucault, “It is not possible for power to be exercised without knowledge, it is impossible for knowledge not to engender power.” Thus, it is requisite to accentuate a balance between the parallel rights. The paper throws light on relevant sections of the RTI Act and corresponding provisions of Indian Constitution related to Right to Information and Right to Privacy. This paper, while exploring a comprehensive analysis of the conflicts between the two rights, features cases wherein the court has adopted methods of conceptual balancing to resolve such clashes. Lastly, the paper outlines the criteria for identifying where there is no conflict of rights; on the contrary, the reasons are coexistent to each other.

The secession of Crimea from Ukraine with help of the immediate Russian military intervention, and the succeeding annexation of the region by Russia, marked a major turning point in the political history of the region, which experienced numerous contentions in the past and was controlled by different empires during various historical periods. Crimea is located on the south of the Ukrainian region of Kherson, to which it is connected by the Isthmus of Perekop and is located in the west of the Russian region of Kuban, from which it is separated by the Strait of Kerch and is linked by the Crimean Bridge. The authors, through this paper, have tried to highlight the violation of human rights by the Russian Federation as well as the Ukrainian authorities on the people of Crimea and Eastern Ukraine. Crimea is an important strategic base of the Russian navy. According to the Russian census, 84% of Crimean inhabitants are Russian-speaking and the rest are other ethnic groups, because of which, in March 2014, after a referendum held in Crimea, Russian Federation ‘annexed’ the Crimean Peninsula. To explain this, the authors have evaluated on the history and the causes behind the Crimean Crisis, comprehending the atrocities by Joseph Stalin in 1932-1933 and the Political upheavals in 2013. The paper has examined how far the expansion of NATO, as well as that of the European Union, was a motive for Russia’s action. Concluding that, this paper also highlights the aftermath and how the annexation has brought Russia in a compromising milieu along with the actions taken by the United Nations in dealing with the whole situation.

The author discusses how the present sub-classification of pregnancies in Indian abortion laws, being a selective right, stands counter to the autonomous rights of persons over their bodies. The MTP Act, 1971 was passed at a time when most of the countries did not have a legislation to this effect. It was a major breakthrough at that time as, one of the facets was to prevent female foeticide and pre-natal determination of sex, being criminal offences due to the preference of male foetus over a girl child in India. The paper thus discusses in reference to abortion, the extent and the reason that the State intervention is justified to act as a parens patriae to safeguard health and lives of both the mother and the foetus at the national and global level. The situation at global level seems to be grim. At the face of it, the figure is very pleasing as 98% of countries allows abortion to save a woman’s life according to a UN Report. But in reality a woman’s life even in the 21st century is confined to the life of the limb and body. This is supported by the fact that if a woman has developed unintended pregnancy, only 34% of the countries allow abortion solely on a woman’s request. The recent issue of Poland, where the Catholic predominantly archaic mindset was conceptualized in reality where the latest Court ruling held that that abortions for foetal abnormalities violate its Constitution has been taken up in the context of eugenic model versus woman’s autonomy. The paper analyses insights of jurisprudence of European countries with reference to abortion laws and the impact of COVID-19 on the healthcare accessibilities to women in rural and urban areas in India. Lastly, the suggestions have been summed up in the present Indian laws and the need for all the countries to march in the direction of upholding womanhood and the autonomy of her privacy, rights and choices.

Every society is defined by some kind of socio-economic class structure in which individuals are segregated on the basis of attributes which are external to them. In Ancient India, the segregation was based on Hindu scriptures. These scriptures formed the basic framework which defined the roles and occupations of different individuals in society. This paper examines the Indian Caste System as an institution which is external to these individuals. It also includes the concept of social stratification and goes on to the historicity of the Indian Caste System. The concepts of ‘purity’ and ‘pollution’ are also highlighted in this paper.

The unfortunate Nirbhaya incident occurred in 2012, which shocked the entire nation and called urgent need to amend the present law, where juveniles 16-18 years of age may be tried as an adult if they are charged with a heinous crime. This article starts with the evolution of norms and procedure as regards with juvenile justice. It further delves into the historical background starting from pre-independence era to post-independence era and to the current scenario. Further, it also shows that the increasing trend in the incidence of juvenile crime is a matter of concern. Then, it covers 3 models of juvenile justice system which are used across the world to deal with juveniles in conflict with law. Lastly, the article discusses about the adolescent brain development and further analyses the level of maturity, decision making and self control of juvenile. In the end, the article raises few important questions which the current laws need to address.

Currently the whole world is in the clutches of an unprecedented intractable pandemic known as Covid-19. Our lives have come to a halt. No sector has been able to escape the curse of this pandemic. The legal system too has been hit by this pandemic. The period post Covid-19 is going to witness a huge explosion of cases which will flood our courts and may result in possible breakdown. Therefore, a roadmap is very necessary to insulate our legal system form possible breakdown. This article seeks to explore and emphasize the significance of mediation as a tool to resolve trivial offences.

Right to Privacy is the fundamental right and it comes under the subject of reasonable restrictions. Article 21 of the Indian Constitution enshrined right to privacy as a fundamental right is the essential component for right to life and right to live with personal liberty. In the modern society right to privacy is enjoyed by humans. Right to Privacy is the diverse topic and it has various dimension in each subject of law and it is recognized by every aspect of law. Privacy is referred as protection of individual’s private space from the infringement of the society, government or any other third party. Privacy is subjective and in different circumstances privacy it is understood in different way. Privacy is essential in individual’s life and no one prefer infringing their privacy. Supreme Court has given various landmark judgements on privacy. In this paper, the author has shown light on the evolution of right to privacy since ancient era till modern era. The landmark cases related to right to privacy are highlighted in this research and the author has also delved on to the various aspects of privacy. The paper also covers the right to privacy enshrined under Article 21 of the Indian Constitution coupled with the current scenarios of privacy in the contemporary times.

Rape is slowly becoming a part of our society. Due to modernization, the thinking of people is becoming either broader or narrower, no in between. Some people take it as an invite for sexual activity leading it to rape. Modernization or adoption of western culture is affecting our own Indian culture. In our male dominating society, where women is trying hard for their equal status and standards, somewhere is held responsible for such wrongful acts, but where a rape is done by a known person, be it a lover, a friend, a colleague, a classmate, spouse, or any other person who’s an acquaintance to a woman, how can that rape cannot be called as ‘true rape’? A rape is a rape whether caused by an unknown person or a known person. Anything done sexually to a woman without her consent is referred to as rape. In today’s techno life, where everything is online and socially connected to each other, it has become a lot easier to track the movements of a person. Acquaintance rape is also refer to as ‘Date Rape’ or ‘Dating Violence’, where a couple is in a romantic or intimate relationship, and one of the partners forces the other for sexual activity. But some make excuse out of it as it was done under the effect of intoxication, high drug dose or unconsciousness of the person.3 These date rapes are generally done in view of revenge from their former partner for being with someone else. This is very common among the people of age 18-28 years. The Indian Penal Code, 1860 provides the punishment for rape.

Jus ad Bellum or the Right to War commonly denotes the law of Armed Conflict. According to ICRC, any difference arising between two States and leading to the intervention of the armed forces and ending with a conflict is an International Armed Conflict. Armed Conflict is closely linked to the Environment, in such a manner that the two cannot coexist. Where there is armed conflict, there is destruction and damage. Damage to populations, property, heritage and most importantly environment. The concern for the environment during the times of war began when Agent Orange was used in the Vietnam war destroying the entire environment. There has increased an importance in the protection of environment even during the times of conflict because of the new forms of weapons and the advancement in the Defense and weaponry. With the advent of biological and chemical warfare, nuclear war has become less dangerous than the environment altering weaponry that does not just destroy but alter the eco-system and life as we know it. Laws and conventions that exist as of date are not as popular, in the sense that, there is lack of awareness regarding the same. The paper aims to study the interrelationship between the law of armed conflict and the environmental protection law. The scope of this paper includes the various methods of warfare and the laws governing and regulating the same but excludes any laws or information relating to Nuclear Warfare as this topic would conclude the existence of the Environment and therefore would negate the topic, in itself.

Global pandemic (COVID-19) creates a socio-economic and health crisis in a country. A real test is placed upon the central and state legislation to overcome these obstacles with adequate mechanisms at hand. Though the Government of India rightly initiated lockdown in the country as a safety measure to combat the virus, it failed to consider the effects on migrants. The country witnessed an exodus of migrants as they lacked adequate means to sustain themselves during the lockdown. As a result of the non-registration of migrant workmen under the Inter-State Migrant Workmen Act, 1979, the government was unsuccessful in catering to the needs of the migrants. Firstly, the paper seeks to analyze the lacunae present in the said Act and puts forth various measures with the help of various reports, such as widening the ambit of the Act, increasing labour inspections and incentive-based regulation in the unorganized informal sector. Secondly, the paper briefly analyses the current trend of State legislatures to suspend the majority of labour laws in the country. The paper explains a correlation between the competitive nature of State legislatures to loosen the regulation and their detrimental effect on labour rights. This creates a situation of ‘Race to the bottom’ to attract more foreign investment into the state.

This paper analyses the situation of Venezuela on the basis of two trends, namely politics and protests, before connecting them to the pandemic. The first part of the paper will discuss the historical progress of Venezuelan politics from Chavez’s era to Maduro’s regime before moving to the evolution of protests during this time. The second part of this paper will analyse protests and the politics behind them, during the pandemic. The author will, in the last part of this paper, analyse Venezuelan politics in 2020 in relation to Tarrow and Tilly’s theory of social movement process in contentious politics. This research paper will be a comprehensive work on the interplay of politics and protests during the pandemic in the Venezuelan context.

Racism is a systematic ideology/ a complex set of beliefs and practices on the presumed basis of biology that divides humanity into ‘higher’, and ‘lower’ tiers. Racism over the years, has seen many forms such as social actions, practises, political systems and beliefs, in which different races are ranked as inherently inferior or superior to one another. A typical pattern we can identify through the due course of history is that racism not only sustained a permanent group hierarchy, but deeply stigmatised those designated to be ‘inferior’. In this paper, I will aim to discuss about the evolution of racism towards the black community, how it evolved, and the sociological aspects associated with it. These discussions will be centred around the period of scientific racism in the 19th century, The Apartheid Regime, and systemic racism in current times.

Former Prime Minister Jawaharlal Nehru had once said: “I would rather have a completely free press with all the dangers involved in the wrong use of that freedom than a regulated or suppressed press”. It is said that the “state must be controlled by public opinion and not public opinion by the state” – this ideal can be an objective reality only when the press is free. India unfortunately does not have an explicit clause guaranteeing freedom of the press, although the Constituent Assembly and the Supreme Court have acknowledged that “it is implicitly part of Article 19(1)(a) of the Indian Constitution, which grants the right to freedom of speech and expression.” According to these institutions, this right is subject to fair limitations as under Article 19 (2) of the Indian Constitution, the relevant grounds for these being, “security of the state” and “public order”. However the ambiguity associated with the interpretation of these articles has led to third party influence of media in India to a large extent. With that being said, I argue that the freedom of press in India, over the past decade, has seen a constant decline, and is directly or indirectly influenced by the government and other vested interests.

Globalisation has two faces: one of democratisation and one of inequalities. The new economic environment has given rise to a new consciousness, myriad ways of transmitting ideas and mobilising support, aiding creation of transnational social movements. On the other hand, global economic restructuring, in the forms of structural adjustment programs, has created an entire population that is deprived the benefits of globalisation. Counter-hegemonic globalisation, also termed as ‘globalisation from below’, then provides an alternative discourse to reorganise global finance and production. This paper seeks to understand the contribution of transnational women’s movements in challenging globalisation by comparing women’s movements from the Global North and Global South. Academic literature at the intersection of feminist movements and globalisation choose to focus on how globalisation has been utilised by feminist networks to further their cause and how transnational women’s movements positively impact political structures and institutions. But this research concludes that for women in the Third World, the content of social reforms remains class-determined and freedom of mobility and choice is still in keeping with strategies of capitalist forms of economic production. Therefore, transnational feminist movements have failed to break through the bonds of domination and structures that reproduce female subordination.

The fire of the nationalistic feeling has been rekindled with after the political shift in 2014 throughout India. The state of Jammu and Kashmir as it was known before the abrogation of Article 370 and Article 35A of the Indian constitution, was an Oasis complete with the mirage of autonomy given to the state. With the special treatment done away with and the ‘Unification’ complete, it is interesting to observe the shift in nationalism both within and outside the state, keeping an eye on the global politics all the while planning for a better unified structure of India in the future. The Social concepts of Institutionalism of the Indian state, the national Identity of the locals being challenged after each major event, the historical analysis of the circumstances that led to the shift of nationalism in the state and discussing the social facts such as religion, ethnicity and class contributing to the local resident’s allegiance to the different forms of nationalism and thus the problem of competing nationalism arising form the conflicts in the thought process of a fragile and contentious state trying to hold one form of nationalism over the rest. The analysis and explanation to these social problems in context of the wider perspective discussing both the national and International effects of this conflicting nationalism will be discussed in this paper.

The Covid-19 Pandemic had engulfed the whole world and Covid pandemonium touched every nook and corner of life. Trade and Commerce were worsely affected during this period. Trade and Commerce via sea route was not left untouched and hence an intro-spection into Marine Law and the insurance relating to Covid Pandemic was felt necessitated. This paper focuses on the different aspects of marine law, particularly marine insurance. Marine law is the one of the oldest types of law that govern, tort, contract, shipping, claims over shipments and like. The Cruise ships, with large numbers of passengers and crew and an emphasis on communal dining and group activities - became incubators of the Covid-19 virus, and infections on ships have been termed as floating nightmares. This has touched the trade and commerce in marine areas resulting in heavy loss in trade and commerce and hence the need to extend the applicability of insurance in trade and commerce via sea. Insurance implications arise from the disruption of shipping and logistics due to the pandemic. Delay in transit was the major disadvantaged part of the pandemic crisis. There was embargo of marine cover with respect to the delay in transit. Cargo is also envisaged to be held for a longer duration at ports and for storage locations.The impact of Covid-19 on marine insurance opens scope of different possible lacunas in policy coverages. The situations in which the policy doesn’t cover and different types of claims that is likely to arise in future also is covered in this paper. This also aims to cover the different types of marine insurance and their extension and applicability in the deadly pandemic period.

India is a great country and it has come a long way reaching its 74th year of Independence. But in India the fact that living together and having a sexual relationship by same-sex is still considered as the filth of society is insane. The concept of equality is not just passing laws. Equality is actually counted where it really wins the minds and hearts of society. Universally, Marriage is known to be the union of two souls and also holistically it is believed that soul has no gender. Homosexuality is something as natural as a person's skin colour. Matrimony being one’s personal choice cannot be subjected to governmental or political activities. The constitution is supreme and infringement of the right is unacceptable especially in terms of marital, parenting and adoption rights. Law is dynamic and changes are needed from time to time. Various foreign countries have already legalized Same-sex marriage and given adoption rights to the LGBTQ community. The researcher’s context is simple at present the most pressing need is to put an end to gender discrimination, to establish justice and equality and try to make special laws for providing real equal rights to such minor communities.

The ‘sources of international law’ are those rules and principles based on which International Law is discovered or created, evolves and develops into binding law amongst the sovereign states. Unlike the domestic legal system were the sources of law can be ascertained with a greater degree of certainty, the sources of international law involves a tricky question as there is no hierarchical character of a legal order with gradation of authority to make law as it governs the conduct of sovereign states as such

The success of the research work is not totally depends upon the selection of the research problem, but more importantly depends upon the quality of the research proposal drafted by the researcher. The poor writing of the proposal resulted in its rejection. All the key elements of the research process should be introduced in the research proposal because the research proposal is the blueprint of the entire research work which will explain the modes of data collection. Doctrinal research and non-doctrinal research are the methods of data collection wherein the collection of data from the field is required in later case and for that purpose it is necessary to draft the proposal in a proper manner. Empirical research requires Collection of data, Processing of data, Analysis of data, Interpretation of data, Presentation of data. No doubt for that purpose specific training is required. This research paper highlights the general principles and key components for writing of the legal research proposal for non-doctrinal research.

Human and illegal organ trafficking are very serious crimes. And in this recent time of Covid 19, they have increased a lot. According to recent reports there has been an increase in cases of human and organ trafficking. But unfortunately, these problems are hidden from the eyes of the world government. Not many National or International forums are discussing or talking about this issue. There is an urgent need to discuss this matter as it hampers the basic human rights that each and every each citizen is entitled to. On this note, this article deals with the various issues which are revolving around Human and organ trafficking. It talks about the current situation where people are facing the covid 19 virus and at the same time a section of the population is becoming the victim of human and illegal organ trafficking. We even look at some of the real life scenario. Then we look into how these crimes affect the basic human rights provided to the citizen. Further we take a look on how our country is dealing with this issue and what all legislations and policies they have come up with to protect the citizens from trafficking. This article ends with the important treaties and conventions of the world that deal with trafficking.

The current research paper is penned down with an endeavor to break down the situation with women in India, and also of ladies from various worldwide circles, by utilizing different secondary sources. The examination uncovers that women of India are generally not efficiently empowered and a lot of changes are still needed to be brought in, in order to bring gender equality to the society. In order to curb the gap between the genders, various issues that women face are being discussed in this research paper. The issue of domestic violence, education, heath & hygiene, legal awareness, lesbian relationships, sexual workers traficking problems, and various other aspects are being discussed. The research paper gets enclosed with the carved out suggestion that spreading legal awareness and educating the masses, especially the female masses, to recognise their rights and to fight for the same is the ultimate solution to bring in gender equality.

This paper analyzed the concept of pink capitalism and its negative consequences. Pink Capitalism hurts social movements because corporations tend to value profits over progress. The liberation of LGBTQ+ people is essentially determined by their purchasing power which is largely concentrated with white, homosexual men. Pink capitalism has also created separate niche markets for queer people to interact with each other in a relatively safe space. This can have both positive and negative impacts which are further expounded upon in this paper. The concept of cancel culture as a product of unrestrained capitalism has also been discussed. This is something that not only hurts LGBTQ+ individuals, but non-queer members of society as well. Pink capitalism further been has been analyzed through the lens of Max Weber’s theory of social stratification.

The world is swamped with the growing number refugees who have fled their countries of origin or habitual residence seeking international protection. The 1951 Refugee Convention relating to the status of refugees and the Protocol of 1967are the core regime of the refugee protections. The problem in the current regime is that the legal and political arrangements were made to manage the refugee problems in Europe post the World War II. The refugee distribution throughout the world is very uneven. Most of the refugee problems today occur in Africa, Middle East and South Asia and the impact of the burden of the refugees has to be borne mostly by the neighboring countries who themselves are struggling to manage their resources. One systematic failure in the convention is the root to all the other existing problems in the convention i.e. the failure of the states to follow the principle of burden sharing Although most of the nations are ought to bear the burden of the first asylum states, yet in practice only few actually do. The states with the least capacity bear the impact of the disproportionate distribution like the African States. There is no stringent law regarding the burden sharing in the current refugee regime or the international law. Till today the inclusion of burden sharing has not been done in the operative and binding part of the treaty. The 1951 Convention did not address the issue of admission to the country and the right to seek asylum. It failed to properly apportion the burden and responsibility sharing between the states.

Sexual intercourse i.e. between man and lady and such intercourse conjointly referred to as natural sexual orientation, any intercourse rather than natural orientation will be termed as unnatural sexual orientation. This unnatural sexual orientation is punishable below Section 377 of the Indian Penal code. This Section carries as harsh a punishment as that of rape. The Section also stated that consent of the parties is immaterial and if the party giving the consent is equally liable as an abettor. In modern times where LGBT (Lesbian, Gay, Bi-Sexual and Transgender) Community is widely recognised by worldwide, then section 377 of I.P.C. is extraneous in nowadays. Still bearing the probability of Section 377, which was drafted by the British approx 150 years ago. Law was reformed in Great Britain by the Sexual Offences Act, 1967, that de-criminalised sex activity and acts of anal sex between willing adults. The Committee advising the Parliament had suggested repealing of laws grueling homosexual conduct in 1957. In Criminal Justice System, where everyone is treated equally who commits against the law and conjointly treated equally with penalization no matter caste, colour, sex, religion, region and race. The discovery of plentiful instances wherever the crime committed by LGBT are reprimanded within the same manner as a standard person, still, there are several instances wherever they're place behind bars for gratification into an occurrence of prostitution, human trafficking and sexual activities. Netherlands became the primary country to permit gays and lesbians to marry in an exceedingly civil ceremony and adopt kids. It’s clear that Section 377 I.P.C. would like a huge modification.

The right to self-incrimination first appears in medieval Roman church law in the Latin maxim ‘Nemon tenetur seipsum accusare’ which means ‘No one is obligated to blame himself.’ Back in the middle-ages in England, demonstrations against inquisitorial and manifestly unfair practices of questioning of convicted persons eventually evolved the right of common law. This is one of the basic tenets of the British Code of penal jurisprudence, which the United States of America followed and introduced into their Constitution as “no person shall be compelled in any case to be a witness against himself”, and thereafter adopted in the Indian Constitution as under Article 20(3). This immunity is only applicable to criminal proceedings. Although, the protection does not apply in case wherein an object or document is searched or seized from the accused's possession. For the same purpose, the provision would not exclude the accused from being examined, medically or having his thumbprint or specimen signature taken. However, the role of judiciary becomes more critical as the application of this protection varies from facts and circumstances of each case. The Researchers in this paper attempts to examine the principle of self-incrimination rights as a fundamental & constitutional right in India from different aspects. Starting with the brief introduction in the Part I, Part II addressed the analysis/interpretation of Article 20(3). Part III addresses the similar provisions contained in the Code of Criminal Procedure. Part IV aims to balance the Right to remain silent with Right against self-incrimination. Part V covers the aspect of scientific examination of accused persons to see how well they match the spirit found underneath Article 20 (3) with Part VI reflecting the role of social media. Lastly, Part VII concludes the paper with overall views and opinions.

The issue of gender bias is an international situation and ubiquitous in all the nation. One such type of gender discrimination is “sexual harassment” which tends to transpire at workspaces. Such sexual harassment against women defies the significance of Article 14, 15 & 21 of the Indian Constitution. Hon’ble Supreme Court recognised the prevalence “sexual harassment” at workplaces in Vishakha vs. State of Rajasthan. India being a guarantor of CEDAW, made sure to imply Article 11 of CEDAW in its legislation. Constructed on these guidelines, the PoSH Act was sanctioned in 2013 which was a major legislative change even for Labour Laws. Present study intends to determine the history of “sexual harassment” (at workplace), position of a woman in Indian society, a detailed study of Vishakha Guidelines and provides an analysis of the Act passed. Finally, the study endorses that it is vital to monitor the prevalent situation and progress the existing laws to a stricter implementation.

“Instead of Gutting Consumer Protection, We Should Be Expanding it” - Hillary Clinton. “A consumer is the most important visitor in our society. They are not dependent on us. We are dependent on them. They not an interruption in our work. They are the purpose of it. We are not doing them a favour by serving them. They are doing us a favour by giving us an opportunity to do so”. This article scrutinizes to understand the rights of a consumer. The need and importance of consumer protection marginalizes the unit of expanding at a rate of knots especially in the Indian Socio-Economic sector. However, within the present socio-economic situation we discover that the patron may be a victim of the many unfair and unethical techniques adopted within the market place. A primitive client is not a match for the businessperson promoting product and services on an organized basis and by trained professionals. There used to be a time where consumers were known as the “King of the Market”, now they have become the victim of it. The Indian Market is Dominated by The Term Called ‘Consumerism’, notable a decade from the economic reforms process. Hence the idea put forth is to spread awareness and consciousness to make civilians aware of the laws, and to introduce the contemporary changes faced by the consumer in the market.

Writ petitions that challenge the governments’ decisions at dishing out reservation seats and their quantum has been a concern for constitutionality as early as 1963. In matters such as the quantum of reservations, the crucial implications are with regards to proportionality. This proportionality is important so as to judicially scrutinize whether reservations suffer from overbreadth resulting in reverse discrimination- this scrutiny is undoubtedly contingent on empirical data, that governments must conduct and review from time to time, on not only the population of the reserved classes but also their backwardness. It is such data which becomes incumbent to decide the constitutionality aiding from empirical statistics on backwardness. It is such empirical data which is termed here as “social science” evidence. This paper seeks at documenting the role of social science evidence in adjudging the quantum of reservations vis-a-vis their constitutionality in India. Incidentally, the paper sets out to identify the manner in which social science evidence has informed the judiciary in bridging gaps between the social realities of ordinary citizens and the Courts of this land, and its resultant role in transformative constitutionalism.

In a democratic country like India crime rate is increasing at a burning speed but as far as justice is concerned ,it is not equal to pace of it. A criminal case is built upon the edifice of evidence that is admissible in law for that In criminal case witness plays pivotal role in determining the final outcome. Witness are regarded as one of the most indispensable element in the criminal justice system. It is because of them that the trial finds some substance so as to arrive at a fair conclusion. The inputs provided by the witness may have direct bearing on the conviction or acquittal of an accused, hence it is desired that such witness be protected from the wrath of extraneous factors that have the capability to change his stance over a particular case. Extraneous factors in form of corruption or threats form a majority which result in turning of the witness hostile, hence it becomes rudimentary for the state to ensure protection of such witness so as not to alter the prescribed course of justice. It is a rule of law that no rights of the witness should be prejudiced by way of threats, intimidation or corruption therefore, to allow him to testify for or against the case which he had been a witness to with full liberty. In the words of Jeremy Bentham “Witnesses are eyes and ears of the Courts”, hence, it becomes imperative on part of the State to provide adequate protection to the witness to ensure ideal working of the wheel of justice.

Staying at home to protect themselves from the virus is not a choice for people fleeing abuse or persecution. However, as countries react to the epidemic, access to asylum and other protections that would protect vulnerable refugees has been severely restricted. Closed borders, on the other hand, have made it more difficult to exercise the right. Detention, persecution, and refoulement are also much more likely for refugee. Some are being returned to the same dangers they attempted to flee. Of course, states have the right to manage their territories and boundaries, and it's understandable that during a pandemic, they'll take extra precautions to keep the virus from spreading. Despite these limitations, many countries have shown that access to asylum and security procedures can be maintained. While public health is a compelling reason to invoke exceptional national security measures, the international community should keep nations responsible in order to avoid closing ports of entry in such tense times. We are currently “witnessing the highest rate of human displacement on record,” according to UNHCR. 70.8 million people have been forcibly displaced, with 41.3 million of them being internally displaced. The number of asylum seekers has not decreased, but rather increased, in the current refugee crisis (Syria, Afghanistan, South Sudan, Myanmar, and Somalia). Thus, in order to prevent a worsening of the world's greatest humanitarian crisis, international law must not be ignored or weakened, and harsher condemnation must be increased.

The paper delves into the literature review on whistleblowing as an ethical principle in India. To better understand the mechanism of whistleblowers in India, an analysis of secondary research was conducted. Selected episodes of corporate frauds in which whistleblowing was used to expose the fraud and investigate the involvement of whistleblowers in it were studied. Whistleblowing should be considered an essential practice in corporate governance. Many organizations and individuals use whistleblowing as a tool to detect and mitigate fraud and violence. The analysis' recommendations suggest that individual complaints should be taken seriously and that appropriate action should be taken in such situations. Whistleblower protection should also be offered, as this is the key to encouraging others to detect and disclose fraudulent activity in any organization or individual position. The paper's main contribution is to a better understanding of the essence of the whistleblowing act with case studies followed by suggestions in the end.

As the mob furiously blitz towards trio of three woman calling them ‘Daakan’ Gujarati word for witch, those weak women fell on ground in order to save their lives they try to cover themselves. The mob encircles them. One of the woman takes three consecutive blows by iron rod on her arm knowing that she broke one of her bone. Madhuben and Susilaben tried to save their lives from the mob of men but failed too. As two young men of that village died a rumour was spread that these women were practicing witch craft and were feasting on their souls. This was one of the attack reported in 2014 from a remote village located in Gujarat. Often called as ‘Dayan’ or ‘Chudail’, Beta khauki (the son eater), Adam khauki (man eater), Bisahin (the poisonous women) and ‘Tohni’. Woman have been subjected to abuse and murder in India which is a land of beliefs. This paper explores how culture and belief surpasses reality, morality, Justice and laws. Before reason and logic- supernatural beings, gods, demons, black magic and divination continues to wrap people in its influence to such an extent that it shades the thin line between belief and superstitions. For example you can see lemon and green chillies tied in a string to the doors in almost every Indian household to avert “Buri Nazar’’ or one can say to prevent any misfortune. Not to cut nails after sunset, Saturdays are considered to be inauspicious and evil. More than scientific facts and logic society prefers to go buy these ‘Totkas’. Now the question before us is why do majority of people in Indian society continue to believe in such superstations? As my main arguments with this question concludes that reason and logic means absence of superstitions and dogma. The aim is to understand the conflicting idea of victim and perpetrator as there is a foreplay of gender, power and conflict of identities as to who is Victim and who the perpetrator is. Its historical significance and relation with the Indian culture, witch hunting is a practice that is embedded in roots of Indian cultural beliefs that stems the behaviour of the rural masses. With this we need to understand why Indian culture started practicing witch hunts, what does the term witch mean as per Indian society? The research will include cases and sources that give evidences of witch hunts in Indian society of 21st century. And an analytical dive into its effect on society keeping an eye on the particular gender targeted for witch hunts. Witch hunting as a social, religious and political phenomenon. Also the factors involved in its existence even today. It will also study the scope of legislative actions that covers witch hunt at an international, national and state arena.

In 1882, the Transfer of Property Act came into existence. Many of the sections codified under this act were based on equitable principles. One of such section that this research paper is focusing upon is Section 52 which is titled as “Transfer of Property pending suit relating thereto.” As it is a well-known fact and an established right of any owner to transfer or dispose of the property. However under certain situations the law can restrict him to alienate the property. One such situation is incorporated under Section 52 where alienation of the immovable property is prohibited when a dispute with regards to rights of the same property is pending in a competent court of law. This section is not of a general binding nature, it only binds the specific parties involved. This notion is based on the classic old doctrine of Lis Pendens. The epistemology of this term refers to ‘pending litigation’ and it is based on a common law principle “utlite pendente nihil innovetur” which means “during pendency of litigation, nothing new interest should be introduced or created in respect of the property.” The logic behind this doctrine is that no change in the claim should be brought as creating a new interest would mean transfer of property during the pendente-lite which would further affect rights of the parties over the property and limits the court to make a proper administration of justice for the party who originally claimed. This doctrine has been adopted by many countries in the property laws due to its principle based upon the foundations of justice, equity and good conscience which aims at maintaining the status quo of parties and moreover to remain unaffected by act of parties to the pending litigation. However in light of different case laws and judicial prouncement made in India, the doctrine has been modified where limitations have been created and further with practical implementation of the said doctrine it cannot be said that no loopholes can be found and one of the major loopholes the paper focuses is upon the rights of innocent buyers during such pendency.

Historical acknowledgements of delays within the justice system typically recognise the attitude of the defendant or the someone, and counsel that for an individual seeking justice, the time taken for resolution of their issue is crucial to the justice expertise. In essence, these acknowledgements area unit in line with more modern analysis that has shown that the time taken to alter a dispute could be a, and in several cases the, crucial consider decisive whether or not or not individuals take into account that the justice system is simply and honest. This text considers problems within the justice system that area unit associated with timeliness and therefore the link of the definition of delay and contends that the character of delay within the current justice setting is depending on several aspects and mechanisms used by the fashionable justice system. These components embody data technology (‘IT’) and electronic support, proactive intervention and management together with case management systems yet as various dispute resolution (‘ADR’) for the resolution of civil, The question of whether or not justice delayed is justice denied seems to rely upon whether or not delay is inappropriate, out of proportion or evitable. Quotient associate degreed appropriateness of your time taken to supply an outcome for disputants is claimed to make a part of the definition of timeliness, as per the definition higher than. The findings of the study unconcealed that there was widespread dissatisfaction among individuals with the performance of courts within the method of justice administration. Factors starting from inadequate courts’ facilities and personnel, poor remuneration and welfare packages, political interference, ineptitude of most judges and specifically corrupt practices by judges, were found to be among the chief causative factors of delayed justice by the Indian courts.

Legal protection to same sex relationship forms a major right for the LGBTQ community; it’s their right to choose their own partner and to be able to enjoy all rights that a heterosexual couple enjoys without any discrimination. While there are countries where the same sex couples receive equal legal recognition as any other couple, there are some countries where there is no law that legally recognizes a marriage or relationship of a same sex couple. This paper is an attempt at analysing the position of same sex couples before law in two such countries i.e., U.S.A. and India where one give all the benefits and recognition to a same sex couple that a heterosexual couple receives and the other though does not out rightly prohibits same sex relationship yet has no law that allows equal recognition to them. This paper is an comparative study between these two countries that talks about the origin of LGBTQ rights to the their present status and what the future holds for them. Here the author has also made an attempt to understand the underlying issue behind the difference in legal status and as to whether the people and society and their prejudice has any role in it and if so should they be allowed to call shots in such situation.

The diversification in indirect tax has been transformed into simplified and unified tax which is called as Goods and service tax (GST). It can be consider as one of the biggest tax reform for indirect tax which is done by the 13th Finance Commission, Chairman Dr. Vijay Kelkar. This is done with the aim to improve entire taxation process in tune with international level. There is remarkable change after the implementation of the new tax reform, Good and Service Tax in the respective areas of taxation. Hence, due to such big reform in indirect tax there is a discussion on whether GST is successfully implemented and impact on the economy. There is more transparency due to modernizing of the indirect tax system which will become the show stopper for increase in the GDP in the upcoming years. This is also made for curbing the corruption and tax evasion in from the loopholes of the tax laws. It is also considered as one of the extensive and significant reform in the area of indirect tax since independence. The first part of the paper is attempted to understand the evolution, concept, objective of the GST. The second part of the paper includes the benefits arising from the GST. The third and final part of the paper is to analyze the various issues and challenges of GST.

The Rights of the Transgender have always been ignored and not addressed properly. This community is treated like an invisible for a long time. The existing rape laws in India aim to safeguard the rights of women only and not the men or the transgender. Indian Constitution embodies the principle of the Rule of Law which states that everyone shall be treated equally irrespective of any other factors such as gender, caste creed, race, etc. The Indian Constitution by incorporating the Golden Triangle in Article 14,19 and 21 of the constitution states that there shall be Equality, Freedom of Speech, and the Right of Life and Liberty. So that implies that the sections like 375 (Rape) and 354 (Outraging the Modesty of the Woman) of the IPC which only provide protection to the woman, should be made Gender Neutral for the Transgender. The Article aims to focus on the need for enactment of the rape laws for the transgender. It addresses the issue that why gender-neutral rape laws should be enacted in India.

The marine world in the present scenario has been one of the important aspects to be dealt with as to control on the balance of life in the ecosystem. With the advance technology and urbanisation there has been a lot of changes in the life style and with the environment. The absence of proper ways to enforce the laws has made it very difficult to conserve the environment. The environment we survive in is the most necessary area to be taken care of. One such aspect to be looked after immediately would be the marine world. There has been numerous species or otherwise called as aqua animals and plants whose importance cannot be neglected. There are some organisms in the aquatic area that are responsible for the generation of oxygen and sequester carbon. Without marine world it would not create the perfect balance for us to live in the terrestrial area. With the growing concern we need to conserve the marine world i.e. the way it is getting polluted and the resources being misused by the people. Many endangered species of the marine world have started being extinct and few are in great trouble. It is very necessary to protect them as part of our nature. This research paper would mainly subject on how the laws that have been made should be taken into limelight and the same marine world being internationally governed so that countries on their behalf have control over it. The conservation is one of the highlighting issues that if not taken care of would be a huge disaster.

The principal objective of this research paper is to trace the Evolution of the law of arbitration in India and to carefully analyse the various stages of its development. Apart from litigation there are other alternative methods of dispute resolution which are quick and effective in nature. Arbitration is one such method. This paper starts with the Concept of Arbitration during the ancient times, where the author talks about the Arbitral bodies such as the Puga, the sreni and the Kula which existed during the Vedic era and the rules of arbitration written in the Hedaya which were followed during the Muslim Rule. This paper goes on to describe the various acts enacted by the British Empire to give a legislative structure to the law of arbitration in India. Thereafter the author has tried to analyse the various acts enacted by the Indian government which were heavily Influenced by International treaties and Conventions. Finally, the author has analysed the Law for arbitration which is presently in-effect in our Country, that is the Arbitration and Conciliation Act of 1996 along with the amendments made to it till 2019. Through this paper the author has come to Conclusion that in India the law of arbitration is still in development stage. The law of arbitration in India is still growing and the summit is yet to be touched by this branch of law. Indian Government has taken various significant steps to make the law for arbitration more efficient. Slowly but steadily India is establishing itself as an arbitration friendly country.

Since the time immemorial, the society has recognized the notion of ‘sanction’ & punished the offenders, while attempting to defend this tradition on moral and rational grounds and to explain the correlation between sanction and justice. Conventionally, the “deontological theories,” “utilitarian theories,” or a blend of both had been brought up to defend the imposition of sanction upon the offenders. This article aims to weigh the victims’ interests before imposing the punishment, with the social aims and thereby, opting for a flexible method to prosecute and/or punish the wrongdoers. This article aims to propose a broader notion of victim-oriented justice by outlining the victim-oriented theories of sanctions, being regarded as the ultimate justice. Further, it aims to propose the concept of a blended system of both traditional sanction theory and restitution. This practice will serve as the best possible method to ensure the fundamental aim of the maintaining the social order and will also align to the actual essence of the jurisprudence of punishments.

Competition support is one in all the most pillars of contemporary competition law that aims at making, increasing and strengthening awareness of competition within the market. Section forty nine of the Competition Act, 2002 mandates the CCI to undertake support for promoting competition. “Competition advocacy” suggests that those activities that are conducted to market a competitive setting for economic activities. The most beneficiaries of competition policy and law are the customers, whose welfare is its declared objective of competition Act. Support is that the act of influencing or supporting a selected plan or policy. Effective implementation of any policy and law mostly depends upon the disposition of the folks to simply accept the law. In this sense support forever plays an important role in securing the disposition and acceptableness of any policy and law. Raising the amount of awareness among the general public is a vital step towards making a contest culture inside the country. it's typical knowledge that a contest agency should do quite merely enforce its country’s competition law. Competition could also be lessened considerably by varied public policies and institutional arrangements in addition. Indeed, personal restrictive business practices are typically expedited by varied government interventions within the marketplace. Thus, the mandate of the competition workplace extends on the far side simply implementing the competition law. It should additionally participate a lot of generally within the formulation of its country’s economic policies, which can adversely have an effect on competitive market structure, business conduct, and economic performance. It should assume the role of competition advocate, acting proactively to evoke government policies that lower barriers to entry, promote deregulating and trade liberalization, and otherwise minimize inessential government intervention within the marketplace. It’s same that it's particularly necessary for competition agencies in developing countries to interact in competition support. The economic policies in these countries are undergoing basic changes; markets have become a lot of open; new government and restrictive establishments are being formed; trade is presumptuous bigger influence; and state closely-held enterprises are being privatized. Competition policy ought to have a basic role during this transition method; however it's troublesome for a replacement competition agency to amass the influence and therefore the skills that it wants for this purpose. A Foundation for Competition support here are sure conditions for effective support by a contest agency. a minimum of three is known the agency ought to have a big degree of independence from political influence from each within and out of doors the govt. its long been recognized that independence is vital for the enforcement perform of a contest agency, however it's a necessary element of effective support in addition. There are two aspects to independence, structural and operational. Bureau that's created as a separate entity, not a part of a ministry and accountable on to the parliament or general assembly for its budget, is structurally freelance. All else being equal, it'll relish relative freedom in ending its social control and support functions.

The Right to Information Act, 2005, was a landmark legislation for the Indian legislative, executive and judicial structure. The Act, in its objective, safeguards the citizen’s right to secure access to information under the control of “public authorities”, in order to promote transparency and accountability in the working of every public authority. “Public authority” is further defined in Section (2)(h) of the RTI act as being an authority, which is either created by the legislative structures of the Centre or respective states, or by notification or order of the appropriate government. One of the most contentious legal developments involving the RTI Act, 2005 is whether national and state political parties classify as “public authorities” under the Act, thereby, coming under the purview of the legislation. The paper would focus its research on how political parties appropriately classify as “public authorities” by analysing the direct & indirect legal, economic & legislative benefits that such parties receive from the state itself. It would focus on the negligible implementation of the guidelines passed by Central Information Commission in its 2013 judgment, which brought the six national political parties under the purview of the Act. The paper would also explore the international narrative in adducing Right to Information as a fundamental right. It would also elaborate the limitations of the 2013 guidelines of the Central Information Commission, by virtue of there being no penal consequences on the said parties for their inaction. Conclusively, it would offer solutions to the contentious issue of inclusion of political parties under the ambit of public authorities.

A child’s age is a very sensitive phase from all the stages of life. They are the most innocent and vulnerable target for crimes. When an offence happens, it not only incapacitate them physically but mentally and emotionally as well. From the chronicle studies we can find out that such crimes have existed in the society from a long time and are increasing day by day. The main motive of the society, to show that it has matured, should be to allay the previously mentioned crimes. In India, the lion’s share in such crimes are Kidnapping & Abduction followed by Rape, Assault or Insult to modesty of girl children, Crimes under POCSO, Procuration of minor girls, Crimes falling under Juvenile Justice Act. In this backdrop, present study is based on the similar malfeasances throughout India after all the prevalent laws.

Cybercrimes are at hike and women have been drastically victimized in cyberspace. People explore themselves using the internet; they can communicate virtually, anytime, anywhere and with anyone across the world. Most women are unaware of the threats they may face in cyberspace. Some Online users known as perpetrators take advantage of it and expose women by sending obscene emails and by creating the pornographic content without their consent. With the passage of time, many feminists fought against women violence for their empowerment in the society, but there is no end to their exploitation. The sexual offenders look for the victims on these social networking websites such as Instagram, Facebook and also on the job websites where people post their personal information for a better prospect. Due to lack of evidence and fear of defamation, identification of such cybercriminals or perpetrators becomes difficult. A call for modernization of the preventive, conventional setup and equipped police personnel with knowledge and skills for prevention and control of cyber crimes measures were taken by our Indian parliament. The present study highlights the cybercrimes against women in India and this paper also highlights the reasons behind the fact as why Indian women are victimized, how it’s impacting their social life by combating and curtailing cybercrime against women in India.

Marital rape means sexual intercourse without the consent of another spouse. It extensively experienced by women, but not exclusively. In India, it shows another side of the societal ideologies or it should be more appropriate to say particle side of our society, in which a man has every right over his wife including sexual intercourse without her consent. Man is considered superior to women over centuries, even in the 21st century where we talk about equality of gender, equality of opportunity, equality of social status but the concept of marital rape is left behind. We have provision for rape, sexual assault, but not for this. Marital rape is criminalized in many countries This article analyses the constitutional safeguard for women against marital rape as every human being has the right to live with dignity even after marriage. It discusses the case laws which provide a brief idea to provide women protection against marital rapes and protect their dignity. Also, this article discusses the current penal system and its flaws in dealing with marital rapes. Further, this article also discusses the recommendations made by law commissions.

Power is the central element of Sexual harassment. It is exercising authority over the subordinate than about sex. The abuse of power is the key to understand why sexual harassment occurs. Sexual harassment at workplace involves use of authority by the person in power over the person who is subordinate to him or her. Through the use of this power the superior satisfies his or her sexual desires. The concept of ‘abuse of power’ is not new in the Patriarchal Indian society. Patriarchy is a socially constructed system where males have primary power. Patriarchy reinforced violence against women. Women were confined in stereotypical gender roles that placed limitation on how far they can go. Excluding women from collective resources paved way for male domination which meant a level of power superiority against women. The impact of patriarchy on men is astounding. Not only women are affected by patriarchy but men too are impacted negatively by the same. The misuse of power can have both men and women as victims. Sexual harassment means any unwelcome sexual advances or behavior that creates an uncomfortable hostile working environment. The parties involved are one who has the power to abuse and the other who is the victim of the same. Any conduct of sexual nature that makes an employee uncomfortable can come under the ambit of Sexual Harassment at workplace

Dying declaration is based on the maxim nemo moritus praesumitir mentire which means man will not meet his maker with a lie in his mouth. The principle is based on the theory that a dying man may not speak the untruth. A statement made is only converted in dying declaration when the victim/ declarant dies. If the declarant does not die, then the declarant can be used as a witness in the court against the accused. It is said that the dying declaration is only recorded on the presumption that the declarant is about to die. The declarant won’t lie just before dying. But if the declarant does not die then the statement can’t be admissible as dying declaration. This paper enlightens the basics of the concept of dying declaration, the essentials that helps one recognise a dying declaration, the relevancy of incomplete statements, evidentiary value of a dying declaration and its exceptions. This paper also provides suggestions on improving the laws pertaining to it.

Occupational safety and health are an area involved with protecting the safety, health and welfare of individuals engaged in work or employment. The goals of occupational safety and health programs embody fostering a safe and healthy work environment. This research was to assess the existing situation of occupational health and safety within the country and what measures have been taken to check on them. After the recommendations of the Second National Commission on Labour, the Ministry of Labour and Employment had introduced the Code, 2020. It was made to consolidate and amend the laws regulating the OSHWC of the persons employed in an establishment. It is one among 3 new labour codes that may consolidate the majority of labour legislation in India and contour labour compliance besides expanding the social security net for employees. The code not only regulates the employment of the workers but also regulates their health, safety and working conditions. It will provide the workers with wage security, social security, safety, health, and grievance redressal mechanisms. In this article, we briefly spotlight key features of the OSH Code, 2020 together with issues & concerns that were there in the earlier Code, 2019. And we will also examine the international perspective of the ILO standards taken by the different countries for taking care of the health and working conditions of the labourers.

One of the major shifts that has been shifted during the time Covid 19 crisis and subsequent lockdown is the move of education institutions to go online for their interactions, classes, lectures and mentoring the students in all areas. Online education has made the possibility of on demand classes at anywhere or anytime, on any digital device, but it has turned the education into a new challenging face for the teachers, administration and students. Certainly, e learning is not so new to education community, but at this point of time it became the only possible mean that has been the key to ensure that students continue their learning and engaged with the studies. The point to be duly noted is that we live in dynamic world that is ripe with new possibilities. During this unexpected crisis of fight against Covid 19, there need not be a compromise on health or future of students. As a result, education has changed dramatically, with the distinctive rise of e learning, where by teaching is undertaken remotely. While the world may return to a semblance of its former state, this rapid change in education system highlighted the value of technology and online learning in education adds to teaching. Today, online classes are ongoing but it does not mean that it has reached to a state of perfection. There are several challenges which have been seen due to the sudden shift of education to virtual mode as it would difficult not only for students but for whole education fraternity to adapt this mode of learning so easily and fast. Therefore, without doubt the implementation of this new normal in education sector is not an easy task in the country like India but at the same time, only this remedy is available in the hand of education community.

The doctrine of Res Judicata is applied by the court where issues directly and substantially involved between the same parties in the former and present suit, are same. For eg, it may be that in former suit only part of the property was involved whereas in present or subsequent suit whole property of the parties is involved then court will grant a decree of Res Judicata. The Supreme Court of India has applied the doctrine of res judicata in writ proceedings. The case of Daryao v. State of U.P. may be taken first. The following article brings light to the basics of the Doctrine of Res Judicata, its application in the case of Daryao v. State of U.P. and the various exceptions to the doctrine.

This is a book review on “The Case That Shook India” written by Mr. Prashant Bhushan, who is an Indian human rights lawyer, social activist and a politician. Although this book was published in 1978, it went out of print for quite some time. It was re-published recently by Penguin India. This book depicts one of the landmark cases of the history of the Indian judiciary, that is “INDIRA NEHRU GANDHI v/s RAJ NARAIN” (also known as State of Uttar Pradesh v/s Raj Narain) in which the election of the then Prime Minister of India, Smt. Indira Gandhi was challenged by her opponent, Mr. Raj Narain which was heard at the Allahabad High Court. The court found her guilty for malpractices during her election campaign following which, she was barred for holding her office for next 6 years. Following the judgement from the High Court, a state of Emergency was declared from June 1975 till January 1977. The book focuses on the day-to-day proceedings lucidly, bringing out the matters carefully along with legal and political implications that led to 21-month period long Emergency, bringing the creases in the democratic fabric of India. Shanti Bhushan, an imminent lawyer and the author’s father, was appointed by Mr Raj Narain. The author, who was young back then, was allowed to witness the courtroom proceedings. This is how he got the first-hand information of the same. Although the proceedings are usually tedious, noting what was observed during the proceedings, is not an easy task, unlike other countries where you can just get the final judgement of the case.

Courts have been bestowed upon to interpret statutes because the law is ever-evolving, and there is a different perspective to every other case. The provisions made by the legislature may at times need more explanation to broaden the ambit of the law or maybe unclear; this is where the interpretation of statutes comes to play to assist in bringing out the real intention of the legislature. In the context of environmental laws and principles, most of the jurisprudence has been created through the interpretation of statutes only, where many PILs by people and suo-moto actions by the courts helped in taking cognizance of matters and identify the lacunas in law to assist in making laws as useful as they are today. This paper analyses various interpretations in the context of the right to life and liberty provided under Article 21 and different international laws and instruments. It also focuses upon the history of propounding the environment law principles and the interpretation of these principles as per various case laws towards the benefit of the environment.

The Full Protection and Security Standard has gained significant importance in International Investment Law as majority of the treaties have now incorporated Protection and Security clause in their investment agreements. The paper studies the evolution of the standard from the medieval period to the modern times, exhibiting the numerous challenges that emerged because of the diversified views of the Tribunals in interpreting the standard. Some Tribunals hold that the state’s responsibility is restricted to providing only physical protection towards the foreign investor and their investment, while others have held that it extends to legal and economic standards. Some contend that the protection and security standard is similar to Fair and Equitable Standard, while the others differentiate the two. Also, a few have insisted that the standard be limited to the minimum standard of protection as defined under the Customary International Law, while others consider it independent and beyond Customary International Law. The Tribunals have divergent views on whether the standard of liability should be strict liability or the due diligence standard. This uncertainty caused due to the inconsistent approach of Arbitral Tribunals has created persistent controversies in the international investment law. The paper highlights the complications and attempts at providing suggestions for reducing the extensive gap in analysis of the standard.

With the extensive and rapid growth of the Information Technology, the dependency on the softwares, imported/purchased from a non-resident, foreign supplier or manufacturer, too has increased a lot. However, the increasing use of the software driven computers has shown a far reaching implication on the tax regime of India. The major debate was about, whether the income earned from the payment made towards the import/purchase of the software by a resident in India from a non-resident supplier, was deemed to be earned from the transfer of copyrighted right or the copyrighted article and whether the importers/purchasers of software were required to withhold tax, in form of ‘Tax Deducted at Source’, on the aforesaid payments. The dispute of taxation of softwares had taken a toll on the software purchasers/importers and it is after a couple of decades that the Apex Court ruled that the payments made towards the purchase of the softwares do not fall under the ‘Royalty’ and are to be treated as purchase of products and therefore a tax liability does not arise in India.

States play a primitive role in the construction of legal relationships that are instigated, modified or extinguished at an international level. The paper intends to examine the criteria of statehood based upon the two theories of statehood i.e. constitutive theory and declaratory theory. The Montevideo Convention on the Rights and Duties of States of 1933 derived its significance from the declaratory theory which is highly acknowledged by the states at present. The object of this paper is to ascertain up to what extent these theories are sustainable as the method for determining whether a territorial entity is qualified to become a State under international law or not. The paper also discussing the rights and obligations of the states entitled and imposed upon by the international law respectively for their smooth functioning within its territory and between other States.

Education is universally accepted as the most influential instrument in globalization and empowering women and safeguarding them from violation of their basic right as humans irrespective of gender and socio-economic status. Education being a fundamental right should not be violated based on biological differences between humans. Catastrophically inequity based on gender still prevails in many parts of our country. Investing in a women education can revamp and even save lives—the lives of women and in result can save society as a whole. The Indian government has expressed a strong commitment towards education of every individual in the country especially female child and tribal communities of the nation who are still majorly disadvantaged groups of the society. To fulfill this commitment the Union Cabinet has passed the National Education Policy 2020 where a gender-responsive educational curriculum will reverse the gender bias and discrimination faced by the socio-economic section of the society in the educational system and society. This Article tries to understand and appraise the status of female literacy in tribal communities, obstacles they experience in receiving education with special reference to the New Education Policy 2020. The policy aims to achieve 100 percent gross enrollment ratio (GER) in school education by 2030 and 50 percent GER in higher education by 2035. The policies and schemes made to support women education are the glimpse reflection of the objectives of the Constitution of India which ensures the right to education as a basic right of every individual irrespective of their gender under Article 21.

The rise of High Frequency Trading in the United States and the rest of the world has changed the face of the financial system in India. A host of new consequences have emerged which couldn’t possibly have been foreseen earlier. Naturally the existing laws are incapable of dealing with issues relating to High Frequency Trading, when the existing laws were written its safe to assume that the authors did not have the value of a microsecond in mind, and it certainly couldn’t have occurred to them that the time taken by a human to blink his eye can be considered slow in the financial markets one day. These consequences were laid bare in the flash crash of 2010 in the US. The absence of laws to regulate High Frequency Trading and calculate the value of a microsecond to a trader has created an opaque market, made further opaque, by the traders themselves to secure their strategies and profits. Many of these strategies and methods have been researched in detail by certain journalists and authors and deemed to be predatory, foremost among them being American financial journalist Michael Lewis who laid bare the predatory tactics of the High Frequency Traders in his book “Flash Boys.” This article has been written to discuss the legality of High Frequency trading in the face of Indian front running regulations and to explore whether they provide sufficient protection to the average investor from predatory trade strategies exploiting advantages in speed and information asymmetries.

One of the most important sections of any trial is the cross-examination of the witnesses. Without cross-examining a witness, his statement is incomplete and the trial cannot be concluded. While its importance is prime in any trial, it is pertinent to understand how to perfect the art of cross-examination. Below is a brief account of the relevance, objectives and the nuances associated with the art of cross-examination.

This paper primarily deals with Myanmar’s policies against the Rohingyas since its inception. Rohingya people, an Indo-Aryan ethnic group, originally residing in the Rakhine state of Myanmar with an estimated population of 1 million comprising of majority Muslims and minority Hindus before 2016-17 crisis. Rohingya Muslims are facing one of the biggest humanitarian crisis in the present scenario. Myanmar has neither granted them citizenship nor considered them as an ethnic minority under its 1982 Citizenship Law. This paper vividly describes the role of various organs of government in the “ethnic cleansing” of Rohingya community. The Rohingya Muslims have faced many military crackdowns in 1978, 1991–1992,2012, 2015, 2016–2017 and particularly in 2017-2018. On the contrary part, the Burmese government argues this major humanitarian crisis as killings of Rohingya “militants” who pose threat to the peace and internal security of the nation. As a result of which, the Rohingyas have fled Rakhine state of Myanmar to its neighboring countries for the need of necessary humanitarian conditions. In the present day, Myanmar’s neighboring countries like India and Bangladesh have seen major influx of Rohingya population in their countries taking the status of refugees. Up till now, about 671,000 Rohingya Muslims have fled from their homes taking refuge in adjacent nations in order to escape various atrocities committed by Myanmar’s police and army force. Since there is a continuous influx of Rohingyas in order to cater the humanitarian needs, UN has recently launched a Joint Response Plan for more funds. This paper encompasses the whole of Rohingya refugee crisis and explores its past, present and its foreseeable future.

India follows the theory of separation of powers, where a separate set of responsibilities and duties has been cast upon the State's organ. This theory is originally followed to bring out the maximum potential of the performer and avoid overlapping of work. Each organ has its own crucial role; with such an extensive amount of workload, there comes the need to delegate the work, which assists in improving the pace at which the work is performed and makes sure that there is no lacuna in the performance. This paper seeks to evaluate the extent of powers of the Parliament over the framing of laws of the land and the safeguards which they necessarily have to keep in mind while doing so. It also throws light upon the importance of the role of the Parliamentary Committee on Subordinate Legislation while accessing the viability and functionality of the same.

Money lending as well as borrowing are highly important cogs in the wheel of any economy. However, if such important cogs are unable to function properly due to the presence of Non-Performing Assets, it is worrisome for everyone who is part of the economic ecosystem- which is all of us. These Non-Performing Assets act as unnecessary burden to the lending financial institutions which burden the economy. This is why Debt Recovery Tribunals had to be introduced i.e., in order to put the recovery of the debt process in motion and to undertake the imperative task of speedy disposal of cases. In the present paper, the author seeks to delve into the efficacy of the tribunal, with focus on the amendment introduced by the Insolvency and Bankruptcy Code, 2016.

Education is an integral part of an individual – especially in today’s world. It is a necessity which cannot be afforded to be treated as a luxury – and thus, the priority of any government of a State should be to see if education is reaching all its citizens. With that in mind, Bills are made and passed, on the basis of which policies are based and implemented. These policies are what dictate the quality of education one may receive and thus, is one of the most vital steps for the development of any nation or state. In this paper, we will explore the different aspects of the education policy of the Delhi government and compare it regarding the time before the pandemic and after the pandemic. We will also explore its effects on the education quality in Delhi and study how it was implemented. This report will also, highlight the Delhi government’s policy implementation or attempt as such during the pandemic and would discuss some suggestions and possible solutions to the dilemma faced by the students and the government.

The telecommunication sector has been the fastest-growing market in India. From the unceasing growth that this industry has been witnessing in the last few years, it could be said to have accounted as a major component in the growth of the Indian Economy. However with the ever-expanding market size in this field, there has been introduction of many new players in the market, that has resulted in stiff competition among the operators.The fast- paced developments have also resulted in a number of challenges and complex issues in competition. To regulate these conflicts some of regulatory authorities have come forward, thus leading to a complex overlapping of jurisdictions. This paper aims to analyse the evolution process of the sector from monopoly to privatisation. It will also highlight some of the recent bills and statutes which regulates the Telecom industry other than CCI. . The paper also focuses on the evolving jurisdictional issue in competition policy with regard to the telecommunications sector in India and the proposition that has been structured and made effective by the Government of India and its various regulatory bodies. The paper has also attempted to explore the current conflicts with help of some relevant case laws.

The strict initial lockdowns imposed due to COVID-19 severely battered the Indian economy which was already showing signs of a slowdown before the pandemic. As a result, most organisations were unable to sustain their investments in new technology and in development of physical and human capital. This has adversely affected labour productivity within the economy which was faltering even before the COVID-19 outbreak. The recent wave is again bound to adversely affect workforce morale and productivity. A probable solution lies at the confluence of the incentive theory of motivation and concepts in human capital management. The present article highlights the same.

Marital rape is indeed rape in matrimony. It is a physical relationship between the husband and his wife against the wife's consent or without her will. The Marital Rape's evil has come down heavily on women. The research paper endeavours to analyse the meaning of Marital Rape and discusses how it is different from Rape or Stranger Rape. The paper goes on to deal with the possible types of marital rape. As the researcher proceeds further in his research, he tries to elaborate the legal scenario regarding marital rape in India (Section 375 Exception 2) and some other nations like the United States of America and Great Britain. The paper also discusses the absence of a law on the point. Criminalisation of marital rape, which is lacking, is immensely needed. The researcher puts forward the arguments given against the criminalisation of marital rape in India and discusses each with their drawbacks. The latest case by the Honourable Apex Court in 2017 of "Independent Thought Versus Union of India & Ors." whereby the words "fifteen years of age" written in section 375 exception 2 of the IPC 1860 is directed to be understood as 18, is also addressed. Finally, the paper concludes with suggestions to criminalise marital rape so that this menace can be curbed and gender equality can be achieved.

In post-independence India conviction of women with capital punishment is considerable, however, the execution of death penalty on women is nil. This portrays the discrimination when it comes to actual execution of capital punishment, or in other words the fact that State has incidentally denied equality before law on the basis of sex. When the award of punishment is not uniform and a class of persons are consciously filtered out from its imposition, the continuance of such a flawed concept not only questions the very pillars of a legal system but ingrains ideas of discomfort and scepticism among general public. The paper, while evaluating facts and statistics supporting the notion, will analyse the extra-legal factors responsible for a predominantly patriarchal and paternalistic attitude of the judiciary and finally establish why gender bias should also be a ground for abolition of death penalty.

To have a broad understanding of a crime and its commission, various parties are involved. These include the victim, investigating or legal enforcement agencies, witnesses, experts, the perpetrator or accused, legal representative of the opposing parties and judicial officers of the Courts of Law. When it comes to Sexual and Gender-Based Crimes, multitude of instances can be observed around the World at any given time. However, in order to address such grievances, the means and methods along with applicable legal frameworks vastly vary across the globe. At the international level, International Criminal Law has led to development of various provisions under the Rome Statute of the International Criminal Court, in order to provide protection to the rights of the victims along with the rights of the witnesses, while bringing the perpetrators to justice. This paper intends to address the following aspects of sexual and gender-based crimes, at the international arena: Firstly, this paper examines the existing legal provisions of the International Criminal Court with regards to victim and witness participation during a hearing for sexual and gender-based crime. Secondly, it examines the general rules and regulations put in place to clarify the extent, duration and nature of protection provided to such victims and witnesses. Thirdly, the paper seeks to further elaborate on observations regarding the adequacy of the existing system for protection of victims and witnesses. Fourthly, this paper elaborates on specific provisions needed to protect the safety and dignity of victims and witnesses of such sexual and gender-based violence. Lastly, the paper concludes by highlighting the nature of challenges faced by the International Criminal Court in providing adequate protection to victims and witnesses of war crimes and crimes against humanity and make suggestions that can be considered to make it stronger and more effective.

With the advent of some mind-boggling reforms in the aspects of many rules, regulations and legislations, the year 2020, has been marked a year of proximate prominence. One such set of legislations are the farmers’ bills of 2020. Comprising of three acts, the farmers’ bill 2020, has impacted not only India, but the world at large, as the set of legislations have been quoted as one of the most controversial legislations that has impacted Contemporary India. With the tremendous amount of criticism, and other chain effects of the controversies, the issue of Farmers’ Bill has become an International issue. Taking into consideration, the importance and urgency of the farmers’ Bill issues, it is important to ascertain at what point the farmers’ bills impact the jurisprudence of India, and most importantly farmers, consumers, and other stakeholders at large. The research work is guided towards studying the crux and the possible implications of the Farmers’ bill of 2020. Moreover, this research work delves into the aspect that will discuss the positive and the negative implications of the farmers’ bill on the farmers, as propounded by many scholars.

India is a developing country. The country is seeing growth at a very rapid rate with an exponential growth of development projects. The building of these developmental projects needs land. For this purpose, the state is forced to vacate lands that are inhibited by tribal and locals. Because of this, the people already living in these places are coerced to leave the spot. With the government having the power to displace them under the doctrine of ‘Eminent Domain’, these groups live with a constant fear of being uprooted from their residential spaces. The construction of these developmental projects has displaced more than 4.4million people till date since independence. Thousands of these displaced individuals are struggling to lead a better life. Our country, for a very long time, lacked a uniform code that could rehabilitate and resettle the affected groups. It was only in the year 2013 that The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act was introduced by the legislature to help these people. The researchers, in this paper, try to analyze as to what are the displacement-induced issues that the tribal are forced to face while exploring the protections that these groups have been given under the abovementioned statute. The researchers have also tried to critically analyze a few judgments in order to understand the role and opinion of the judiciary in this matter. This paper also tries to see if the protections that have been provided to these groups are actually effective while also trying to suggest a way for helping them better.

Section 96 to 106 of the Indian Penal Code, 1860 provides for various provisions relating to the right of private defence. Some of the aspects of the right to defence under the ipc are that no right of self-defence can exist against an unarmed and un offending individual, the right is available against the aggressor only and it is only the person who is in imminent danger of person or property and when no state help is available. The law confers right on every individual to defend his life, liberty, and property, when he is confronted with an imminent danger or unlawful aggression. The imminence of danger is also an important prerequisite for the valid exercise of self-defence. Right of private defence means committing an offence in exercise of one’s own right to defend or protect his life, liberty or property. Necessity knows no law” is a common saying which means that an act done out of necessity cannot be subjected to the rules of law. The law of Private Defence being the natural and inalienable right of every man, the law of society cannot abrogate it.

This paper attempts to critically analyse the legality of use of force undertaken by the Saudi led Coalition in Yemen who were invited by the President Mr.Hadi in order to constrain the actions of Houthis. In pursuance of restoring peace in Yemen, the Saudi led Coalition used certain methods of warfare which, though alleged to be valid and legal under International law, the usage of such methods brought a cobra effect wherein it contributed more than any other force used by Non-State armed groups costing many lives of Yemeni civilians and the worst humanitarian crisis. The paper thus focuses on evaluating the legality of actions undertaken by the Saudi led Coalition under International Humanitarian Law and International Human Rights Law.

The Competition Act of 2002 is an Indian law that regulates commercial competition. It took the place of the 1969 Monopolies and Restrictive Trade Practices Act. The Competition Act of India aims to prevent practises that damage competition in India. This article will include additional information about the Competition Act, 2002, in the light of the Competition Commission of India's Procedure for Investigation of Combination under the Act's scheme. When competition and liberalisation are combined, the creative forces in the economy are unleashed. Customers have a wider variety of options at lower prices as a result of competition, which promotes innovation and competitiveness and results in the most effective allocation of capital. With the dawn of the globalisation period, Indian companies found themselves up against stiff competition from both domestic and international players, necessitating a level playing field and an investor-friendly climate. In a free market economy, some firms can destabilise the market by engaging in anticompetitive practises for short-term benefit. These techniques have the ability to completely eliminate the benefits of competition.

Faces behind patriarchy are given a tight slap and a strong message is conveyed to the society whenever someone throws some light on women’s rights. Even after seventy years of independence, women are still struggling for their independence from the invisible forces of the society that binds her. Women often feel restricted when it comes to their expression of thoughts and they are not given the respect they deserve. This article talks about the distressing journey of women from their mother's womb to the wooden tomb. The decision of the life of the unborn girl is vested on the society and it is observed that, India who first recognized the value of reproductive rights of women and commercialized it has now been banned, and the said decision has gone against the fundamental rights of women, which could also lead to an increase in illegal reproductive practices in the country. Thirdly, women have to face this plight of marital rape which Indian laws cover it under domestic violence, cruelty and sexual abuse but are inadequate. The article also indicates the predicament of women and children during COVID-19 where they had no other option left but to live with their abusers.

Alternative Dispute Resolution (“ADR”) refers to a variety of techniques resolving disputes by means other than the litigation. Section 89 of the Code of Civil Procedure, 1908 which was introduced by the Act of 1999 and came into effect from 01/07/2002, embodies the legislative mandate to the court to refer civil disputes to various ADR mechanisms mentioned in the Section where it finds it appropriate to do so. ADR system helps in providing parties with cheap, simple, quick and accessible justice. The general principle behind all the matters is to reach to a settlement, then why not opting for the ways which can be settled amicably by means of compromise. These methods will also develop a culture of settlement amongst the parties and is needed in today’s society. Inspite of such great objects the section is not effective due to several flaws in the drafting and implementation of the section. Therefore this paper tries to analyse the effectiveness of Section 89 of Code of Civil Procedure (“CPC”) and provide some solution for making it more effective.

Over the past few decades, India has witnessed a great need for merger and acquisition activity and applicable rules and regulations to govern them. As experts suggest that, these Merger and Acquisition activities have a great vital impact on the interests of shareholders and therefore the economic order of society. Generally, these have an excellent potential to push and encourage efficiency within the economy, by facilitating fascinating changes in company management and enabling firms to mix or merge along. This may additionally permit the incorporated firm to achieve gains because of the absence of duplication of expenditures on analysis and development, redundant production and various other harmful factors to growth with the exception of helping the affected firm to become additional economical, a merger or acquisition transaction may promote trade rationalisation, to the advantage of the economy as a full. At present time, these transactions when done at the write time also can enhance stockholder wealth, might also be helpful and be able to the substantial growth, advantages that they will confer on each non-public parties and society. Generally, it's fascinating that the law might provide a reliable mechanism for determinative the legal properness of practices that have the potential to facilitate and inhibit these transactions. This paper talks about how and why are the Break Fee Agreements used and how is their implementation in other countries executed so that inspiration or idea of governing such part of the merger and acquisition transaction be can be achieved and how India is dealing with it in the current scenario and what all has till date happened in India.

The Founding Fathers of the Indian Constitution gave the power to amend the Constitution to the Parliament under Article 368 in order to meet the exigencies and necessities in future. A Constitution is a living document which must be changed according to the needs of the society otherwise it will act as an obstacle in the progress and development of the nation. However, Article 368 does not provide any expressed limitation on the amending powers of the Parliament. Taking the undue advantage of the same, the Parliament abused the powers to have absolute control and supremacy on the Constitution. The Constitution is a general will of the people whose ultimate control cannot be given to anyone who use it as a sword against the public interest. The Parliament used amending power arbitrarily and introduced many undesirable changes which were against the public interest, aggrieved by such amendments the people started challenging them in the Court of Law. The Indian Judiciary examined the situation thoroughly and took the most appropriate decision of limiting the amending powers of the Parliament by evolving the ‘Doctrine of Basic Structure’. This Doctrine was evolved by the Hon’ble Supreme Court in the landmark case of ‘Keshavananda Bharati v. State of Kerala (1973)’ in which it was held that Article 368 does not empower the Parliament to amend the Basic Structure of the Constitution. Over the years the Doctrine of Basic Structure has proved to be a safeguard against all the arbitrary, capricious and unreasonable amendments that harmed the spirit, identity and foundation of the Constitution. This Doctrine acted as a medium for achieving the objective as mentioned in the Preamble like providing Justice, promoting Equality and preserving the Dignity of the Individuals. This paper deals with the scope and development of the Doctrine of Basic Structure and how it has been acting as a safeguard to the spirit and identity of the Constitution over the past decades.

Social Capital theory offers public policy a new paradigmatic approach to solving social problems. Despite being ill defined and difficult to measure, numerous claims have been made about its benefits. As it facilitates collective action among the actors, it leads to increased level of performance in several public policy areas. briefly describing about the social capital and it’s theories, hear this research try to understand relationship between social capital and public policy. it further demonstrates how social capital framework is applied and works in Indian context. Then it offers empirical case studies of social capital in covid-19 pandemic and the Nepal’s Chhaupadi tradition to represent how social capital needs to compliance in non-compliance of policy respectively.

“AI Technology is either the best thing or the worst thing to happen to humanity” These words are quoted by the famous scientist Stephen Hawking and it more or less summarises the whole objective and the overview of Artificial Intelligence. Technology is ever growing since the decades of Albert Einstein and Issac Newton and currently scientists from all around the world are working on the science of Artificial Intelligence. Artificial Intelligence or Machine Learning is slowly entering our lifestyle with the invention of virtual assistants like ‘Alexa’ and ‘Siri’ and rapid inventions of self driven cars. While there is no doubt that such inventions are only making our lives better but with lesser legal regulations on such inventions, it becomes highly dangerous to regulate such activities and is likely to take a drastic turn of events if the regulations aren’t made faster to regulate such AI Technologies. AI is known to be a set of computational technology that is inspired to use the people's nervous system in order to make work easier for humans. But as AI is in a growing stage but making faster progress, It is likely that such AI Technologies are likely to take over the complete control of human nervous systems and that's more likely to create destruction in mankind. While the law is yet to develop fully and it still uses a conventional approach with cases pending in the courtrooms and the regulations are made which generally have tons of loopholes in the system. In such a scenario, it becomes highly challenging to regulate laws for the technology and also regulate such activities which cannot be seen but directly affects the minds of the people. Hence, this article focuses on the development of AI at a rapid rate and the ways it’s affecting our lifestyle through its self-build ecosystem and also shows the ‘Vulnerability’ to understand the critical areas and the risks involved and the efforts that can be made in order to protect human civilisation. While acknowledging the impacts the AI can make to make our lives better and also making efforts in order to save the human rights of the individuals.

Medicine is a complex field and there are many ways to treat a patient. Highlighting invariable aspects on the plight of those in the medical profession, these mavens are faced with criminal threats, hostility, and medical negligence suits day in and day out. This article while discussing the nuances of a claim for medical negligence, also highlights the plight of the doctors in such instances. The article also sheds some light on the calculation of compensation for a case of medical negligence, with insights from various Indian and International case laws. With a plethora of frivolous complaints being increasingly filed against doctors, they have lost the autonomy to practice the medical profession on their own terms. The chance to make them liable in the slightest of accidents or mishaps has increased by leaps and bounds. While the Hypocrite Oath and the World Medical Association's Draft (WMA) of an International Code of Medical Ethics call for an ethical means on how a medical professional is to function, there seems to be very little in terms of letter and spirit to protect and safeguard the everyday saviors in terms of International and National statutes. If this erroneous practice were to continue, the medical profession shall perish to exist as we know of it today with the hands of the doctors being tied up in every which way he goes, the heavy dark shadow of medical negligence and criminal liability looming over him always, threatening the very essence of medicine and the medical sciences. Thus, the 'Sword of Damocles' hanging above the head of the doctor must be slain sooner than later.

Today, forces of globalisation bind the world more closely together than ever before. Globalisation implies a growing degree of interdependence among economies and societies through cross border flow of information, ideas, technologies, goods, services, capital, finance and people. It has ushered in an era of fast paced changes. It has challenged the capacity of national governments to control and regulate. The rapid pace of economic integration has led to interlinking of world markets and economies demanding synchronization of national policies on a number of issues. One dimension of this relates to environment. From shared natural resources such as fisheries and biological diversity, to the potential for transboundary pollution spillovers across the land, over water, and through the air, we now understand that governance defined solely by the traditional notion of national territorial sovereignty cannot protect us from global-scale environmental threats.1 Environmental law is developing on a global scale in new important ways. Courts around the world also are responding to environmental concerns in new way. Environmental activism of the Supreme Court is also well known; it has passed very important decisions including its decision to require taxis in New Delhi to use compressed natural gas to reduce air pollution.

Often both law and logic are forgotten when countered with a strong emotional stand of minorities being supressed. Cyrus Mistry had a strong and convincing emotional ground of challenging his removal from the position of chairman. However, both law and logic won in this long fought battle between Tata Sons and Cyrus Mistry. This article aims to negate all the negative opinions framed on this recent judgement, believing that it was a loss for the minority shareholders in company. The Apex court rightly set aside the arbitrary order passed by NCLAT regarding Article 75 and removal of Cyrus Mistry. This proves to set strong boundaries for all the corporate cases ahead, and explicitly stating that Articles of Association is supreme and cannot be challenged once signed by a member. The ratio decidendi is discussed in details as to how the Apex court stated the obvious laws which were overlooked by the NCLT and NCLAT, and delivered the 282 long judgment which will prove to be a huge landmark in the corporate world.

In the paper, the author would overlook both the Trade related Property Rights (TRIPs) agreement and the Geographical Indications of Goods (Registration and Protection) Act, 1999 followed by analysing Basmati rice as a valid Indian geographical indication. The paper will also discuss the case of RiceTec (India – US Dispute) and how the sudden increase in the cases of biopiracy lead India to a stricter law to protect its geographical indications from exploitation by the developed nations. Thereafter, the country embarked on a shift from the Trademark system to the Sui generis system to prevent any such future incidents of biopiracy. However, the paper will equally try to understand the pertinent issues in TRIPS which was one of the reasons for old-world countries like India to still get exploited at the hands of developed nations and thus, enact stricter domestic laws. The author would also dwell upon the role of the European Union in furtherance of the protection of Geographical indication laws.

Tax planning entails devising and executing different methods to reduce the amount of taxes owed over a given time span. Minimizing a small business's tax liability will free up funds for expenditures, investment, or development. Tax planning may thus serve as a source of working capital. There are a few general tax preparation areas that extend to all types of small businesses. The selection of accounting and inventory-valuation approaches, the scheduling of equipment acquisitions, the distribution of business profits among family members, and the selection of tax-favoured benefit plans and investments are all examples of these fields.

Crime against women has been common in our society. The outbreak of COVID-19 has worsened the situation by snatching away all the freedoms women had achieved so far by breaking the gruesome norms put upon them by the society. With the fact that the COVID-19 has brought downfall for the entire nation, deterioration of the women in the country at this time was furthermore distressing. With the sudden imposition of nationwide lockdown the women in the country faced an increased number of crimes and offences against them as they were compelled to survive in traumatised situations. Number of cases of sexual harassment, molestation, rape, gang rape, murder, and domestic violence had immensely increased during this time. Moreover, it decreased the number of calls at the helpline numbers for women safety compared to pre-pandemic times. In light of this, the article will focus mainly on the sections of women against whom the number of crimes increased during the pandemic, the nature of the crimes and the plausible reasons regarding this and how also why the initiatives taken by the NGOs to overcome this situation proved to be inadequate. Further, this article would also mention that how the Government of India’s step of imposing the nationwide lockdown failed to safeguard the interest of its vulnerable section typically the women, compelling them to survive in more repugnant situations facing sexual abuse during the prevailing health crisis in the country.

For a nation to develop there must be an overall development of the youth and children. In India, children are considered as representatives of God and are treated with love and reverence. The Issue of child labour is not a positive factor for the growth of a nation. According to a report by UNICEF in 2019 around 1 in 4 children in developed and developing countries, and about 3 in 5 children in underdeveloped countries must work in some or other way to survive and fulfill their basic needs. This situation gets more alarming in poor and underdeveloped countries because there are usually no proper labour laws to prohibit child labour. Children are the assets and the future of a nation. Every child has the right to a comprehensive childhood and a basic education. In this paper, we will see the causes of child labour and the measures to reduce it in the society.

The 50 years of the draconian Armed Forces (Special Powers) Act 1958 owes its reviled existence to an abysmal concoction of authoritarian political fallacies, misapprehension of the justice system and circumstantial socio-political exigencies, aside from the Act’s declared objective to stemming resistance movements. The Act initially passed as an ordinance in 1957 under emergency provisions of the Indian Constitution to handle problems in North eastern region of the Union has given an enormous ambit to commit gross human rights violation by the soldiers. The Act has always stood as a barrier for the people of this region to enjoy their fundamental rights as enshrined by the Constitution, moreover its has been always a barrier for the people to hunt justice from the judiciary, albeit the judiciary in most of the few cases that have come thereto, under this Act, always supported the Act and tried to interpret new dimensions in its pronouncements. In my paper I even have discussed all the provisions under the Act, and tried to find a justifiable answer, why this Act remains in use? The grey areas during this Act might be very well be understood by a laymen, but the purpose remains that, its almost 60 years since this Act first came into force, and still the legislators and therefore the judiciary during this country had never done anything to decrease the plight of the people during this region which they need suffered due this draconian Act. In this paper I tried to give a lucid presentation on the introduction of the Act and its provisions backed by the legal analysis, an overview of the various loopholes of this Act violating the human rights, conclusion and most importantly recommendations for this Act.

Criminal Law is a body of International law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity, as well as the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law. "Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals. Some precedents in international criminal law can be found in the time before World War I. However, it was only after the war that a truly international crime tribunal was envisaged to try perpetrators of crimes committed in this period. Thus, the Treaty of Versailles stated that an international tribunal was to be set up to try Wilhelm II of Germany. In the event however, the Kaiser was granted asylum in the Netherlands. After World War II, the Allied powers set up an international tribunal to try not only war crimes, but crimes against humanity committed under the Nazi regime. The Nuremberg Tribunal held its first session in 1945 and pronounced judgments on 30 September / 1 October 1946. A similar tribunal was established for Japanese war crimes (The International Military Tribunal for the Far East). It operated from 1946 to 1948.

Criminal Law is a body of International law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity, as well as the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law. "Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals. Some precedents in international criminal law can be found in the time before World War I. However, it was only after the war that a truly international crime tribunal was envisaged to try perpetrators of crimes committed in this period. Thus, the Treaty of Versailles stated that an international tribunal was to be set up to try Wilhelm II of Germany. In the event however, the Kaiser was granted asylum in the Netherlands. After World War II, the Allied powers set up an international tribunal to try not only war crimes, but crimes against humanity committed under the Nazi regime. The Nuremberg Tribunal held its first session in 1945 and pronounced judgments on 30 September / 1 October 1946. A similar tribunal was established for Japanese war crimes (The International Military Tribunal for the Far East). It operated from 1946 to 1948.

This paper was the attempt to ascertain the current condition of the semi-conductors along with the recent advancement in it. Initially, intellectual property was limited to the copyrights, trademarks and patents. Rapid technological development and rising competition to enter the reign of technologically advanced countries, has led to a revolution of Information Technology which lead to emergence of new branch in the field of intellectual property, namely, Layout-Design has come into being, which is also known as semiconductor integrated circuits. India enforced Semiconductor microcircuit layout Act, 2000 that provides for cover of creator or author of Semiconductor IC layout design. In this paper, we will study the changes in the notions of semi-conductors from the time of its inception till the current scenario along with an attempt to identify the latest developments that occur in context of the law regarding semi-conductors.

India is on a precipice of significant advancement in healthcare as 3D bioprinting could help overcome the limitations of the current tissue engineering methods. According to health care expert Tom Todorow, the introduction of 3D bio printed organs into the field of medicine is a relative certainty; not a question of if, but when. This new technology's potential applications are limitless. Hence, customization will drive the next generation, allowing doctors to replace limbs and customize drugs. However, the patent framework that exists in India is not flexible enough to keep up with the rapid development of 3D bioprinting. This Article assesses the limits of patentable subject matter necessitated by 3D bioprinting technology under the Indian patent law and investigates how the Indian patent system will need to adapt to the advent of 3D bioprinting.

The purpose of this paper is to analyze the religious conversion laws and highlight the consequences related to “The Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020. This paper also talks about the emergence of the alleged conspiracy theory, “Love-Jihad” and how Sangh vigilantes backed by political parties have been able to maintain its existence for so long. The intention of the legislation can be determined by its provisions, though a forcible marriage has been an illegal act criminalizing the conversion by the act of marriage between two consensual adults is unquestionably violating the fundamental rights of the citizens.

The Code of Civil Procedure provides procedure for determination of civil rights and liabilities of the litigants to a dispute of civil nature. The civil Courts adjudicate the lis in the form of decree and/ or order. However, the decree and/ or order come into operation only on commencement of the proceedings for execution. The party in whose favor the case is decided is known as the decree holder and the opposite party is the judgment-debtor. A judgment debtor could be confined in the civil prison for proper enforcement of decree. This paper endeavors to review the constitutionality of provisions related to arrest and detention in the civil prison of the judgment debtor in the light of legal jurisprudence and the construction of statutes in the line of law and morality and the principle for constitution of State. The paper uses doctrinal method and the rules of interpretation in order to solicit its observations. It seeks to ensure revision of the statutory provisions of CPC related to arrest and detention in accordance with the provisions of the Constitution of India.

If we look to the higher education in India, it is something which is changing continuously and adopting new policies and methodology. It cannot be denied that it is specially the legal education on which a deep repercussions can be seen due to the globalization. After India got independence, the legal education had gone through many reforms but still have to work hard on it so that it can compete with the international legal education. This article will talk about the historical background of legal education and the present situation of legal education reform that are taking place in various Law Schools with in the territory of India. Further, this article will look to the effects of globalization and what are the possible changes required so that the present curriculum become more relevant and meaningful for the law students. This article also focuses on the challenges and issues related to the teaching method, practical experience and the assessments of students that are there in legal education. The paper will discuss the steps that are to be taken in order to attract better faculty and also to the governing role of the BCI in the arena of legal education.

Heinous crimes like rape on women not only affect the dignity of the victim but also their privacy rights if their identity is disclosed to the public. The legal provisions relating to rape in India clearly provide that the identity of the rape victim must be protected and the law also imposes penalties on the person who makes the identity of the victim known to the public. However, there are exceptions to this, which states that if the officer in-charge, the victim or the next of kin of the victim gives their consent in writing, the identity of the rape victim can be made public which can result in arbitrary and complete discretionary decisions taken by them, which may go against the interests of the victim in question. The idea behind protecting the interests of the public when it is conflicting with the interests of the private individuals should not be applicable here, as the public might want to know the identity. The pain that is inflicted on a victim of a heinous crime is so much that if the identity too is disclosed to the public, the victim suffers a greater harm as her right to privacy along with her dignity gets violated. The interests of the victim should be given paramount importance and unless the victim himself or herself does not clearly consent to their identity being disclosed, the opinion of the officer-in-charge or the next of kin of the victim should not be taken into consideration. The authors in this paper will focus on the rights of the victims of heinous crimes and their right to privacy and shall also take the help of various judicial pronouncements, which will substantiate the above.

Terrorism and extremism have engulfed every nook of the world. This plague against humanity has become a global challenge for law enforcement agencies internationally. Despite numerous counter actions and strategies that took place every year globally, it still continues to thrive the world. Since the terror attack of 26/11, terrorism has taken a new dimension and has challenged the foundations of global civilization. It became a global phenomenon instead of a domestic national issue. This changing form of terror is becoming more complex with each passing day. Today, globally, there is no single nation left that did not face terrorism. Due to this, there has been an increasing demand from many countries like India, Australia, France, Russia to make a global definition of terrorism and to codify a global law on Counter-terrorism that could help establish criminal accountability at the global and domestic level. This paper analyzes the need for constructing and codifying a global law on counter-terrorism that will facilitate smooth communication between states to prosecute or extradite, such enemies of the community. This paper also analyses the need to construct a global database on terrorism, which includes international and domestic terror activities across different parts of the globe. Such a database will help us to investigate the modus operandi of different terror organizations. It will also strengthen the unilateral prosecution of terrorism which possess another major task that needs to deal with while forming a global law.

Human rights are rights of the humans by virtue of their being human beings. They are the basic rights which are equally guaranteed to the persons behind bars. Studies indicate the condition of prisons in India and the worsening physical & mental health of the prisoners. The prisons are heavily overcrowded with minimum facilities and limited medical infrastructure. This adds to the plight of prisoners who are mostly poor, jobless, neglected by family and community. Thus, they develop mental illness over time which mostly is diagnosed when the symptoms become noticeable. Mental health of both the under trial and convicted prisoners pose a major challenge for the government and the judiciary when it comes to interpretation before courts. The term “mental illness” is defined under the Mental Health Care Act 2017 which covers within its ambit different conditions of mental illness. The researcher through this paper highlights the causes of mental illness, the legislations, judicial approach and also mentions some of the suggestive measures which should be adopted for the mentally ill prisoners.

The Government of India set up the Competition Law Review Committee in the year 2018 to review the Competition law framework in India. The Committee recommended the advent of a ‘Green channel’ route that would provide a mechanism to deal with Combinations which are not likely to result in any appreciable adverse effect on competition. The Competition Commission of India through ‘Green channel’ introduced the route for deemed approval of Combination filings in India. The CCI implemented the recommendations made in the report of the Competition Law Review Committee pertaining to approval of Combinations under the ‘Green channel’ route, amended the Competition Commission of India (Procedure in regard to transaction of business relating to combinations) Regulations, 2011 (Amended Combination Regulations) vide a Gazette notification dated 13 August 2019. The ‘Green Channel’ route provides for automatic approval of certain combinations under the Competition Act 2002. The ‘Green channel’ route provides a mechanism whereby the parties desiring to take this route of deemed approval are supposed to self-access and scrutinise their Combination transaction if they qualify for accessing this route of deemed approval of Combination. The parties availing this route will be able to skip or eliminate the statutory prescribed 210 days’ time limit for ex ante examination of combinations by Competition Commission of India. The article seeks to highlight the eligibility criteria for green channel notification. Further the article also attempts to explore all the possible issues that need to be considered when conducting a self-assessment for the availability of the 'Green Channel' route by the parties. The article also attempts to understand the consequences in case the Competition Commission of India subsequently holds that the Combination transaction did not qualify for approval through the Green channel route. The ‘Green channel’ route is in its nascent stage as more companies will resort to the route then there will be more clarity in understanding and interpreting the provisions.

Survival is undeniably valuable but some time and in certain condition life becomes painful and unbearable. Euthanasia is nothing else but a permit or license to the medical professional for ending the life of a person in question. With the march of law, the concept of ‘individual autonomy’ has gained much significance and recognized human dignity as an essential aspect across various jurisdictions. The present study presents varied forms of euthanasia and for whom it is granted. The study has made an attempt to explore the arguments in favour and against euthanasia and the position of life in various religions is also explored. The present study analyses the case of some countries like Netherland, Canada, Columbia, Belgium, Luxemburg and the state of Oregon in USA which have enacted legislations to euthanasia. India also joined these countries which have already legalized mercy killing in some form or other, so far India is concerned ‘Passive Euthanasia’ is legalized by Supreme Court’s two judge bench on 7th March 2011. The researcher has done a non-doctrinal study. Finally, an attempt was made to see the possibilities by which euthanasia can be avoided to a large extent while taking into consideration the ethical code of humanity.

In recent years gambling became a very great market for entertainment as well as for earning a high amount of money. India is a very big market for the gambler. In this paper, we will focus on the major types of gambling practices in India and the impact of these gamblings on the Indian Economy. This paper discusses the three dimensions of gambling i.e., Economic Dimension, Legal Dimension and Political Dimension. It also includes important case laws. This paper discusses the recent trends in gambling such as online gambling and the need for regulation and benefit of regulation of online gambling. It also discusses the specific laws which governs gambling and under which law gambling is illegal in a particular state. It also focuses on the overall impact of gambling in India and how the crimes in India are directly proportional to gambling. This paper gives insights into the International framework for the regulation of online gambling. It explains how gambling the core reason for the increase of crimes in India.

Marital rape is one of the gruesome and a barbarous crime that has received limited attention. It exists as a form of control and dominance over women even in the 21st century. Section 375 of the Indian Penal Code,1860 defines Rape and Section 376 penalises the offence of Rape but the Act unfortunately fails to protect a married women from her rapist who apparently is her husband, by not having any legal provisions acknowledging marital rape as a crime. The consent of a wife is not required by her husband in case of her age being 15 years or above 15 years of age. It means, forced sexual intercourse of a husband is a legal right of a husband. Thus, marital rape also becomes violative of Article 21 of the Indian Constitution,1950. National Family Health Survey conducted among 124,385 women in 29 Indian states, found that 10% women reported that their husband had physically forced them to have sexual relationship. Another survey conducted across 7 Indian states, one-third of the men interviewed admitted to perpetrating some form of sexual violence on their wives. This failure of law has reiterated patriarchal nature of laws in India. This paper emphasises on negative impact of failure of law in India by not defining marital rape as a crime and its consequences.

Based on the history of the British Empire, this present paper investigates the role of law in colonial regime, how their premise have evolved with time and new course that might be pursued in future. It reviews how scholars have viewed law in colonized World as force, violence, and command. It examines how law was reconceptualized as a site of struggle, resistance, and subversion. A recent comparative and transnational scholarship on legal mobility and migration has been conceptualized. It seeks to go beyond the ambits of colonizer/colonized, domination/resistance, and metropolis/colony that have been the characteristic features of postcolonial studies and have shaped and informed studies of law and colonialism. India has migrated & deviated up to great extent from colonized law and raised important substantive, conceptual, and methodological questions regarding the form, content, and force of law.

“I’m afraid the story isn’t finished happening. Sometimes I think there is no entirely true story I could tell. Because there are some things I just don’t know, and other things I just can’t say. Which is not a failure of memory but of language.” A line quoted by Lacy M Johnson in her book titled The Other Side. To elucidate the quote stated above we need to identify, rape is not only a woman’s issue but it’s a human issue. Nobody can objectify who is the predator or victim as “we see only those things which are shown to us” but for male victim its “boiling the ocean” as there are no such laws which can protect their rights. In spite of expanding the scope of section 375 of Indian Penal Code the said definition continues to comply with its rule of gender specific notion based on the pre-established representation of the perpetrator framework on gender while the other half of the population is suffering in silence and moreover doesn’t have a right to life. Hereby authors are trying to critique the idea of gender specificity in Indian Penal code which is in violation of Binary notion of gender. The research paper aims to identify the loopholes in the existing laws. Herein, the paper is divided into three parts all being related to one another, firstly, the paper will focus on rape committed on males and transgender and how the society peruses it secondly, the authors would be dealing with the blind spot in the law for male and transgender victims of rape and thirdly, will be dealing with the breach of fundamental rights vis a vis to human rights and its obligation and the amendments proposed for it. And towards the end of the paper, authors would be proposing an amendment and suggestion in the adjacent laws and the need to adopt a human right based approach.

The historic judgement in the case of Navtej Singh Johar v. UOI, decriminalized homosexuality in India, bolstered on the fundamental right of equality, right to life and liberty and freedom of expression. Although the legal battle affording the fundamental right of civil union remains a distant dream for the LGBTQ+ community, the courts in India through multiple recent judicial pronouncements have upheld the legality of same-sex live-in relationships in India. This is the closest same-sex couples can currently get to a civil union in India. Unfortunately, the legal rights accorded in live-in-relationships are haunted by the specter of heterosexism. The progressive Domestic Violence Act, 2005 provides no protection for lesbian live-in couples. There is no pre-existing framework of legal protection which grants legal protection to same-sex partners taking into account their domestic relationship. Maintenance rights which are primarily encompassed by Sec. 125 of the CrPC do not envisage same-sex live-in partners under this protective legal umbrella. Furthermore, same-sex live-in couples are precluded from adopting a child as a couple owing to the pre-existing legislative framework being extremely heteronormative. Surrogacy becomes equally complicated and only one of the two partners can be accorded the legal parenthood for same-sex couples. This further delineates the lack of actual legal protection and social rights which same-sex live-in couples possess in India when compared to heterosexual live-in couples. Unfortunately, when the basis of legal protection to heterosexual live-in couples is founded in their relationships’ comparability to a marriage and same-sex civil unions being unrecognized in India, there exists a loophole in providing legal protection and the recognition of same-sex live-in relationships becomes a mere tokenistic acknowledgement for the LGBTQ+ community in India. It is the need of the hour to not only acknowledge these blatant differences but also ensure that the fundamental rights of the LGBTQ+ community in India is upheld and secured.

Every year deaths related to potholes increase, especially during monsoons; and just like every year compensation is given to the family of the victims for their loss. But is compensation enough? Instead of filing cases against contractors and engineers in cases of road maintenance, officials and politicians often blame the drivers for negligence. In 2019, nearly 1.5 lakh death was caused by a road accident in India, which means every hour 17 people die on the road accident. Out of 1.5 lakh, 9300 death in a road accident was caused by Potholes. Apart from deaths, 25000 no. an accident leading to major or minor injuries. The development of potholes in India roads is very common. Pothole, high traffic, the congested road is the major problem for any modern city planning. India is a developing country and roads are indirectly contributing to economic growth, so it should be in good condition: but the problem still has not been addressed.

The activities in the area of mergers and acquisitions keep getting robust compared to the preceding year. The rapid evolution of various sectors such as the Ed-Tech Sector or the E-Retail sector, the healthcare sector and various other industries has brought multitudinous companies into the market, which resulted in mammoth transactions by those companies either for amalgamation or takeovers and for which the need to understand these complex areas of mergers and acquisitions become important. Inter Alia multifarious laws applicable, there are certain important provisions and statutes governing the rules relating to such transactions by the companies. It becomes important for those companies to adhere to those provisions to make their transaction valid. In this article, we shall discuss some of those provisions and further an integral part of Mergers which though has not been statutorily defined but yet exists in every big and small decision of companies which is Due Diligence. Due diligence has been a critical part of work culture ever since mergers are in vogue as it helps examine the situation of the target company and its work environment and so its prospect of growth. At last, this article shall explain the ease in the cross-border mergers or takeovers gained after the introduction of the Foreign Exchange Management Act, 1999 in the Indian Business Environment.

A new wave of technology is driving rapid international changes. This transformation has created new opportunities for multilateral cooperation in the areas of sustainable development, state-society relations, peace and conflict, international security, and global governance. Waves” of technological change, driven by inventions ranging from steam power to electricity to the automobile, have driven economic development and social transformation throughout history. Some historians speak of “technological revolutions,” from the first industrial revolution that mechanized production, to the second that led to mass production, to the third that automated production. It has been argued that in the fourth industrial revolution, where “a fusion of technologies…is blurring the lines between the physical, digital, and biological spheres .”In this latest technological revolution, “new technologies” include everything from the internet to drones to big data, and the potential applications of these technologies are rapidly expanding.

Layoff provisions become relevant when developing any industrial establishment in India, particularly because most labour law legislation is pro-worker. Employers have the right to lay off workers, but they must use it carefully and in compliance with the relevant legal legislation. While the monetary punishment for breaching these laws is not serious, it may have a detrimental effect on the establishment's goodwill and prestige. Further, improper laying-off of workmen can lead to strikes and lock-outs, which can result in significant business loss for the establishment. Therefore, there is reason enough for every establishment in India to follow and adhere to labour legislations to ensure harmony amongst its workmen and facilitate smooth running of their business activities. Freedom of contract, an entrenched tenet of laissez faire, authorised an employer to discharge workmen whenever a breakdown of machinery, or a similar cause beyond the employer’s control, enforced a stoppage of work. This exposed workmen to intermittent but grave hazards of unemployment. The paper analyses the key concepts of lay-off, its development, qualifications to claim compensation, prohibitions and judicial developments upon the subject over the years. Further it throws light on layoff in pandemic time and The Industrial Relation Code, 2019.

Gender based discrimination and violence is a menace rooted in India. One of the pertinent issues is the discrimination and violence against transgender persons. Transgender is a person whose gender identity differs from the sex of the person at birth. Their gender behaviour or identity do not match with their biological sex from the time of their birth. They have been most marginalised, forgotten and deprived sections of Indian Society and face discrimination and violence as compared to other genders. When the landmark NALSA judgement came the Transgender Community was elated and contented. It was expected that optimum shift would take place in the attitude of society towards the community, however, results lack the enthusiasm. The lack of implementation of that judgement is the reason that they are still fighting against discrimination and are not recognised in society. This research paper will look at the various forms of discrimination faced by third gender. The paper would also see transgenderism in current scenario highlighting the changes brought on account to the judgement. The article will also look at various legislations and schemes brought by the government for upliftment of the third genders.

Disgorgement of profits is a form of gain-based contractual remedy that is considered equitable and is infrequently invoked in comparison to other contractual remedies such as specific performance and damages across jurisdictions. This paper explores the nature of disgorgement of profits as a form of contractual remedy both under English law as well as Indian law, in addition to other common law systems. It attempts to ascertain the principles involved in determining the scope and award of gain-based equitable remedies by analysing landmark judgements in this field. The focal point of disgorgement is essentially the reversal of undeserved enrichment of the defendant rather than the plaintiff's compensation. The Indian context has also been examined, where disgorgement as a form of contractual remedy has largely not been awarded by Courts despite the existence of Sections 65 & 70 of the Indian Contract Act 1872 that deal with restitutionary remedies for breach of contract. However, gain-based remedies have been awarded by Indian courts in the sphere of securities law akin to American law, through SEBI orders for unjust profit-making activities and the enforcement of foreign arbitral disgorgement awards. Thus there still exists scope for the development of this sphere. While there is no definitive rule regarding the criteria for invoking disgorgement awards, the same may be taken recourse to under equitable considerations in exceptional circumstances. The first two parts of this paper analyse the nature of disgorgement-based remedies as incorporated under English law and Indian law. The subsequent part provides a brief comparative analysis of disgorgement remedies under various legal systems. The conclusion emphasises the lack of clear precedents or definitive rules in determining a disgorgement-based remedy and underlines the need for further development of this sphere through legislative and judicial action.

Individuals nowadays are highly competition oriented and this outlook has made them and their coaches to focus solely on winning, caring little about the legitimacy of means and methods adopted by them. Competitive sports have always been a fundamental part of this world and with the emergence of novel apparatuses, numerous sports have been added to the competitions being held all over the earth. Certainly there are hundreds of games being played in every nook and corner of the world but still, athletics since its emergence for more than 2000 years ago has always been prominent in the sports world. And with the intensification of the competition, there has been a surge in unfair means mainly; doping in athletics. Beginning with the basic information about athletics, this brief study further explicates the term doping, its etymology and the evolution in the doping trends. Ancillary to all these, the World Anti-Doping Agency and National Anti-Doping Agency are also elucidated. Last but not the least, a few landmark case studies are also discussed.

India has witnessed a sharp surge in active coronavirus cases. The second wave of Covid-19 in India has wreaked havoc. Through this paper, the authors inquire about the inclination of the masses towards the insertion of a provision for a medical emergency in the Indian Constitution to regulate the social and economic upheaval that has been in confrontation with the origin and past usage of the emergency provision. The authors also intended to highlight the stark contrast as regards the different jurisdictions with different model of government and their reasons to effectuate the emergency provision. Therefore, the paper examines, while taking into consideration the archaic, ineffective legislations, along with a few recent and effective guidelines and plans at the national and state level, to answer a cardinal question as to whether there is a need for a proclamation of emergency to tackle a pandemic. The objective of the paper is to explore a few possible alternatives that could help the nation to contain the pandemic, including the active involvement of the judiciary, thereby directing the state and center to adopt more stringent measures to prevent deaths and to realize their obligation towards their citizens. The paper further analyses the constitutional response of proclamation of like nature in the past and critically scrutinize the new powers of government to trace, track and control their citizens’ daily lives in response to the coronavirus.

‘Middle Class, Media, and Modi' delves into the rise of the BJP and Prime Minister Modi from the standpoint of the middle class, eschewed from admiring or noxious attacks. It aims to explain Modi's rise to power without adhering to any ideological point of view. The book addresses a crucial void in our perception of the middle class and their political conduct, which has gotten little coverage. The author's goal is to show how the middle class became an important force in a strong democracy, as well as what led to the middle class's discontentment with the Congress and how it shifted to support Modi's ideology. Apart from that, it serves to demonstrate how Modi's brilliant management of mainstream and social media, whose primary audiences are the middle class, performed a pivotal role in his resounding victories.

It is the harsh truth that in today’s world men are also victimised under domestic violence. When people come up with the topic domestic violence the often thing the woman is the victim, and the man is the one who has committed violence against her. This is often true, but it cannot dim the fact that male is also victimised under domestic violence by females as well as males of the family. Domestic violence against male is more prevalent than we may think. And ignoring these social treats against males can lead to significant harm to these victims. From the name of the act i.e., Domestic Violence against Women Act, suggest that the act is to empower women and safeguard the rights of women against domestic violence. The said Act clearly states it focuses on female against domestic violence excluding males from the same. Having sympathy towards women and assumption of innocence in case of women in similar cases would lead to disproportionate punishment and liabilities for both men and women. The fact that females are mostly the sufferer under cruelty and domestic violence has led the country in making of gender biased laws. Nowadays females are misusing these laws against male by making false accusation and threatening to sue them under section 498-A of Indian penal code. With changing gender roles this has to be stopped and strict laws must be enforced to reduce such social threats in the country and eradicating gender biased laws eventually.

India is blessed with vast biodiversity. There are plenty of species of plants and animals. In India with a population of almost 140 crore people are mostly indulged in agriculture. So for personnel use as well as for irrigation purpose safe water is the basic requirement. In India people basically get water from surface water and groundwater. Ground water get recharged primarily from rainwater. India is also blessed with paramount precipitation which eventually recharges the groundwater. But in dim view despite of blessed with vast diversity and paramount precipitation India is facing it’s worst water scarcity. There are many reasons which append to scarcity of water but the foremost reason for water scarcity is water pollution. Other reasons are overuse of water, wastage of water, increased human consumption, climate change etc. Water pollution is the foremost reason for water scarcity because pure and safe water is what is needed for consumption and due to water pollution the water becomes toxic which may be fatal if consumed. Due to modernization and industrialization water pollution has been increased abruptly. Waste discharge to rivers, dumping of garbage and radioactive wastes in water bodies, disposal of heavy metals and industrial waste are some of the many reasons for water pollution. The pollution and the scarcity of water has increased so much in India that it is now high time to regulate and control the situation before it becomes ungovernable and make people aware of the distress that has been occurred due to water pollution.

The field of sports prides itself with providing a level playing field for all participants by categorizing, dividing, and labelling them accordingly to maintain homogeneity as society remains a heterogenous group of individuals. A closer look into its functioning reveals a field highly influenced by discrimination which causes inequality in a setting where equality is key. The intersectionality between caste, class, race, and gender, affects sports as it does any other societal institution. Influencing its functioning, the intersectionality changes sporting experiences for multiple stakeholders, becoming a defining factor in the lives of many sportspersons. Analysing the field of sports as a societal institution, this paper aims to study the typically hierarchical, male-dominated institution that is formed; where gender, caste and class-based divisions and discrimination lead to tainted experiences, ultimately affecting participation. Societal factors and inherent, deep rooted views render the "level playing field" a mere myth, promised but rarely provided.

The international investment law regime governed by numerous multilateral and bilateral agreements is fragmented; the single connecting thread is the Investor-state Dispute Settlement (ISDS) mechanism which resolves disputes between Investors and State. While the current mechanism has served the investment regime adequately the growing investments and subsequent disputes have brought to light criticism which is boiling into an ISDS crisis. The paper studies these criticisms which range from allegations on functioning of tribunals, breach of sovereignty to imbalance of power between disputing parties. Combating these criticisms some States have opted for an alternate dispute resolution mechanism by establishing Bilateral Investment Courts (BIC), frontrunner being European Union (EU) which has embedded BIC in Transatlantic Trade and Investment Partnership (TTIP), Canada-EU Comprehensive Trade and Economic Agreement (CETA) and the EU-Vietnam BIT, 2015. The paper reviews the provision of these agreements as blue prints for establishment of World Investment Court (WIC), the efforts for which has been undertaken by UNCITRAL Working Group III under the de facto leadership of EU. The paper further analyses whether establishment of a WIC would eventually lead to establishment of a World Investment Organization, unifying the international investment regime under an umbrella institution.

Judicial review is the authority of the court to review the acts of the legislative, executive and judiciary. It is a key aspect of the constitution and an essential element of constitutionalism. Here, the judiciary plays a vital role in reviewing the constitutionality of the federal and state governments' legislative enactments and executive orders. Our constitution allows for judicial review in order to verify this discrepancy or any other unconstitutional legislation, regulations, laws or by-laws, or any other act of statute. COVID-19 is declared as global pandemic by WHO and the India has been the second worst COVID affected nation after U.S.A. A state of blockade was created by the pandemic-induced lockdown, making us all demonstrate greater obedience to executive command. The blow to the existing state of law, legal framework, and judicial systems has been equally immense, if not greater. In order to discourage the constant crowd of thousands of lawyers, litigants, and judges with their accoutrements, normal courts have been closed down in both India and U.S.A. In pandemics or no pandemics, human tensions and conflicts between people and the state could not end. Hence, the courts have adopted virtual mode of hearing. Now, in 2021, second wave of COVID has hit both India and U.S. which has again led judiciary to shift to virtual mode. This paper discusses the analysis of judicial review during COVID-19 on a comparative basis between India and United States of America (U.S.A). As the concept of judicial review has been originated in U.S.A. and India has adopted it, the comparison becomes more appropriate to know how effectively both countries are utilizing the concept. As both follows the principle of integrated and independent judiciary, the comparison can lead us to know different aspects which might help us to deal with future contingencies.

The Right to Information Act, 2005 is one of the most progressive legislations of its time. This is because, this legislation puts into action the transparency promised to citizens. It makes administration see-through. People get the right to ‘know’ to ‘ask’ and to ‘question’ any administrative actions of the government. This Act gives people the power that should have been rightly theirs from the very beginning. In this paper, the researcher will go through the entire timeline of the coming into force of this legislation, the political situation at the time, how the Act came to be, what caused its enactment, its effects on society and the people in general and the government. The researcher will also be cursorily going through some case laws that brought forth the power of the legislation into reality and how the Administrative system of India comes into play and is affected by, this legislation. The researcher in this paper will focus solely on the relation between administrative law and The Right to Information Act, 2005, how the legislation has helped Administrative law grow and opened many dimensions and broadened the scope of administrative law.

This research paper addresses the issues relating to the augmentation of the protection of Geographical Indications under the Trade related aspects of intellectual Property rights (TRIPs). Geographical indications are an apparatus of Intellectual Property which includes the goods and services that are distinguished by the place of their origin. This place of originality can be based on their environmental, historical, social or cultural explicitness. It is because of the signing of the TRIPs agreement, that the Geographical Indication has been provided an international place as one of the Intellectual properties. And now, it has become one of the most salient areas within the World Trade Organization (WTO). But still, As far as this is considered, the protection of Geographical Indications at the international level is away from being satisfactory, as, except for wines and spirits, it is easy to abuse and exploit the other products or services. The special protection provided to wines and spirits under Article 23 of the TRIPs agreement is quite contentious in nature. As a result of which a weaker mechanism of protection is provided to the other products. This research paper aims to explain the relationship between the TRIPs and the geographical Indication of various products based on the place of their origin. Also, the research paper seeks to describe how far the TRIPs agreement helps in the protection of the Geographical Indications of other products, beyond wines and spirits as mentioned under article 23 of the TRIPs agreement.

This paper discusses the standards of admissibility of forensic evidence in trials, as well as a comparative analysis of the principles of admissibility in four countries U.S.A, UK, Germany and India. First, various standards of evidence and their contents are tabulated, and then the concepts of admissibility such as validity, reliability, usefulness, and efficiency are addressed. The second issue discusses the laws of admissibility in the United Kingdom, including the relationship of the four admissibility tests, namely Assistance, Relevant Expertise, Impartiality, and Evidentiary Reliability, as well as the context of the Law Commission Report, Law Commission Recommendation, and Government Response. The third issue is Principles of Scientific Evidence in Germany, which examines parts and their contents in a tabular format. The admissibility of DNA evidence in Germany is then addressed separately. Finally, the standards governing the acceptance of scientific evidence in India are explored.

The art of taxation has historically been one of the most controversial and important aspect of Indian economy and its GDP. India has seen all sort of taxes dating back to 6-7th century CE from glorious days of Aryan rulers to the Turks, Mughals and British Raj. First major tax which was imposed by British in India was income tax, it was imposed on Indians to pay for extra regime sent to India send it also recover the cost of resume retrospectively for the past 6 month. Currently the retrospective taxation is being question in various places after India have faced two major defeat in the permanent Court of arbitration first against the Vodafone and then against Cairn. This raises the question, if India is heading towards privatization then why this retrospective nature of taxes is imposed onto the companies. India lost these cases unanimously which means even the candidate which India nominated doesn’t see any merit in India case. What chances do we have of winning a case when our own nominee doesn't see any merit? India changed its tax laws retrospectively in 2012, it changed its tax laws with effect from 1962 and using that from a back date demanded tax from these companies. Retrospective legislation doesn't happened more often but it only happens when some court verdict upset the existing government with the existing laws. If India wants to emerge as new investment hub for the whole world then it needs to reconsider it taxation laws for better environment for companies by providing predictable and consistent taxation, government can ensure companies for future.

In January2021, Indian skipper Virat Kohli took a paternity leave and opted to leave the India-Australia test series in between. Since then there is an ongoing debates and discussions on paternity leave. Currently, India does not have any nationwide paternity leave policy. Although in 2017, a bill was introduced to make such policy but it could not be passed. This paper analyses the importance and need for paternity leave while giving the world wide scenario of it. The paper argues for adding the concept of paternity leave in the constitution along with article 42 of the Indian constitution. Our constitution provides for maternity relief under the article 42 of directive principles of state policy. Various laws have also been made to protect women interest during her maternity period at workplace. Unfortunately still women participation is far below the world’s average and still women in our country being discriminated or at disadvantageous position at workplace. The paper argues for amending this article and adding paternity leave giving importance to a gender neutral society and eliminating the patriarchal gender roles where child is considered to be sole responsibility of women. This amendment can bring an attitudinal change in society and the paper also discusses the need and benefits of such amendment in the present fast pacing world.

India in the 21st century has been developing fast as a global power country in the world context, but still today women in the Indian society irrespective of their class, caste and educational background are subjected to sexual harassment, exploitation are considered to be the weaker of the two sexes and in many parts of India, atrocities against women still continue to be seen in various forms be it physical, social, psychological and economical. India is seen as a fast developing economy but the women in Indian society are still continue to face discrimination and violence in some aspect or the other. Problems like poverty, unemployment, lack of proper education etc are seen in almost all countries of the world especially in case of women. The Constitution of India, The Universal Declaration of Human Rights strictly condemns any form of exploitation against women. The reason why such exploitation is because that the mindset that males are the more superior in all aspects mindset still continues to be seen in patriarchal Indian societies. Women still are being used for sex trafficking, prostitution, dowry in some parts of India. Statistics show us those 59% women in India experience physical, sexual abuse from their husbands or boyfriends. Children especially girls of tender age are at greater risk of sexual abuse as they are unaware of their rights and are easily victimised. This research paper is an attempt to understand about the different forms of sexual violence that women are subjected to in some form or the other and highlights the main reasons why such abuse takes place and suggest remedial measures to curb this menace.

Gone are the days where our parents and their parents would start working with a company and retire from the same organization. The Gen X & Gen Y or the Millennials want so much more from their Career today. Today’s Professionals are not only more invested in their careers but also expect to achieve results in the same proportion. Writer Annie Dillard famously said, “How we spend our days is, of course, how we spend our lives.” A large portion of our days is spent at work; in fact, on an average- 1/3rd of our life we spend at work over a lifetime. And so our Career can make a huge impact on our quality of life. This paper aims at inquiring the changing landscape of Career, it’s meaning and how it may vary from people to people. The definition & the meaning we derive from the word Career- has evolved over the years and despite various career theories it is hard to generalize how the career may be perceived differently by different individuals, fulfilling different needs, at different times in their life-span with varied & unique situations, challenges & circumstances. This paper also substantiates a few challenges faced by the working professionals today, with help of Case Study to elucidate & support the observation made. Some of the important aspects that this paper investigates is the internal & external factors that contribute to the development of one’s career and the satisfaction one derives from it. The paper offers new guidelines for creating a comprehensive definition of career and the meaning people derive from it. This work is inspired by the several career theories and career success research done in the past.

Election in India is often seen as a celebration of a democratic approach towards governance as well as the importance of a constitutionally driven society. Elections, thereby are an instrumentality that puts forward the idea that has been mentioned in the preamble that the power lies with ‘we the people’. The ‘people’ gave themselves a democratic republic that not only safeguards their rights and person but also makes sure that such principles of justice and fairness are and always remain in practice, such is ensured by the charter known as the constitution of India. The bible of rights thus ensures that the power of governance remains with the people and the concept of free and fair elections is one of the means to ensure this. There have been quite a lot of landmark changes since independence in the election laws but the importance of a just, fair and free election cannot be overstated.

The Author through article has elucidated about under trial prisoners, its approaches with aid of existing provisions and case laws provided in the respective Acts for the well-being of an undertrial prisoners in India. The author has also made a detailed analysis on existing laws which provides protection for the undertrial prisoners. These prisoners are kept in the prison for a long period and this a due to lack of speedy trial of their cases. This article also made an attempt to explain vital sections of the Prison Act, 1894 to which the Prison authorities and Government should follow. In India prison gives major importance to the criminal justice system.

The main evil of our society is “crime”. This can’t be neglected nor denied. In crime there are basically two parties i.e. Offender & Victim. The former means a person who has committed a wrong or illegal act. The latter means the person against whom such illegal or wrongful act has been done. The offender will be punished for the crime committed by him but the main concern is of the victim. Whether the victim’s family is in a position to afford his/her treatment or not. Just punishing the offender isn’t enough. There are provisions covering the matter of compensation to victim under various legislations. This scheme is a unique concept made by Indian Judiciary for securing absolute justice. The concept of victim scheme is developing gradually since the Indian Constitution was made.

Drugs are the new evolving trends in the world. Drug abuse not only affects them psychologically but also socially. Drugs have positive uses too, but as it is human nature, we have a habit of to turn in the direction of the damaging side of the use of drugs. Drug abuse can be painful experience for the addicted person as well as for their family. Drug abuse is a universal problem that makes specific drug users the main victims. But along with that person drugs also affect all of us. Drug abuse can be serious mental or physical problem. A drug doesn’t have to be illicit to cause their effect. Drugs are substance or a combination of substances that can modify the state of your mind in a way that you cease to see the truth about what is happening with your life. Drug addiction is a growing problem in all over the world it effects not only health and relationships but also society and the environment. However, Youth are mostly more vulnerable towards the drug abuse, as they are at a phase in life where their actions are being shaped and they easily influenced by others who may be involved in the use of drugs. To control the drug addiction problems as well as illegal drug trafficking the Government of India has brought out a National Policy on Narcotic Drugs and Psychotropic Substances (NDPS) to serve as a guide to various Ministries/Departments, State Governments, International Organizations, NGOs, etc. and re-assert India’s commitment to combat the drug menace in a holistic manner. In this paper I have classified the problem faced by the drugs in national as well as in international and also discussed the treaties and program introduced in global level for control of the drug menace in world.

Cultural expressions are not just mere accessories, they are an important part of the identity and uniqueness of a community and are often an integral aspect intertwined with the ethnicity of the community. Such traditions and expressions that are inherited from past generations, provide a sense of belongingness to the members of the same community, are presently misappropriated and stolen for economic benefits by multi-national companies. When appropriately safeguarded cultural expressions act as a valuable factor for empowerment and development. This paper studies the extent of protection granted to valuable traditional expressions under the intellectual property regime on an international and national level. While understanding the current scenario, the paper also looks into the suitability of protecting traditional cultural expressions under intellectual property law and the degree of compatibility between them. With regard to the Indian scenario, cultural expressions or folklores haven’t been given the importance it requires and this is evident through various instances of foreign companies and individuals misappropriating Indian culture, this not only deprives the community its rightful benefits but also often perpetuates negative stereotypes. While analyzing the shortcomings of the present intellectual property law in the country for protecting traditional cultural expressions, the steps taken by other countries can be considered to amend the law without altering its fundamental features. The paper will also discuss possible modifications for improving the protection provided for cultural expressions.

This article aims to explore the verdicts of the Indian Courts on sedition cases, that have been on a rise, for the last five years. Article 124A of the Indian Penal Code (IPC) criminalises sedition. That it does not however takes a toll on free speech is a factor that needs to be taken into consideration. It is for the purpose of examining the judgements passed by the Courts on such cases and analysing how much of the freedom guaranteed under article 19(1)(a) of the Indian Constitution has remained unaffected in light of these pronouncements, that this research project has been taken up.

The defendant has just a single everyday routine yet prosecution has a few experiences before a case is concluded. The focal significance of a well working legal framework for understanding the objective of equity – social, financial and political harmony and dependability, development and improvement just as for maintaining law and order, is at this point all around perceived. It can't be said that judges are feeble force. Here is the basic issue. Is our equity framework uninteresting, and have the robes been burglarized of their world? The Executive has power at its order and the Legislature is awkward to make significant laws however has the support of the majority who decided in favor of its individuals. At times, people do not even get the justice they deserve. People blame the judiciary, but how many of the times does the judiciary is even aware that a person or a group of individuals faced a certain trouble and were seeking help. Case management is not really one of the efficient aspect of the Indian Judiciary. This paper revolves around the problem of docket explosion in India. This paper will further look into its meaning and suggestions to eradicate this problem from the roots.

Punishment, which in Austin’s words is sanction, has been a part of the Indian legal system since a very long time. To be precise, it existed in the times when law was not codified in India. The basic cause for existence, prevalence and evolution of the process of punishment was maintain an order in the society. As a matter of fact, in ancient times, when rules were made by different kings, it was observed that enforcement is not possible without authority. This Article tries to trace the origin of punishment in India, an attempt has also been made to show how the process has constantly evolved and the principles have changed.

Threats to global health risks and the risks of emerging infectious diseases run the game from climate change to poverty to safety issues, but few are as quickly regulated as the global wildlife trade. The wildlife trade provides a means of transmitting disease at levels that not only cause human disease outbreaks but also threaten livestock, international trade, wildlife communities and natural health. Balancing trade in wildlife around the world is virtually impossible because it ranges from scale exchanges to major international routes, and much is done illegally. Some estimates show that 40,000 live foxes, 640,000 live reptiles, and 350 million tropical fish are sold worldwide each year. Live wildlife in markets in Guangzhou, China, trade in hidden palm civets, ferret badgers, barking deer, wild boars, hedgehogs, foxes, squirrels, bamboo mice, gerbils, various species of snakes, and endangered leopard cats, and and domestic dogs, cats, and rabbits. Following the outbreak of a severe respiratory infection (SARS) in 2003 with the same genetic code as Covid-19, 838,500 wild animals were reportedly seized from Guangzhou markets. Wild mammals, birds, and reptiles flock daily to commercial centres, where they interact with humans and many other species before being exported, sold locally, or released and returned to the wild as part of religious rituals such as legitimate release or because they become unwanted animals. At one market in North Sulawesi, Indonesia, up to 90,000 mammals are sold annually. In a study conducted in a Thai market over the weekend, 70,000 birds were sold, representing 276 species. A similar study of 4 markets in Bangkok in 2019 found that 36,537 birds saw; Only 37% were born in Thailand, and 63% were non-native species. Since 1999, more than 35 new infectious diseases have appeared in humans, every eight months.

GST is indirect tax imposed by government on goods and service, which is proposed on 1st July 2017 and GST was brought to unify the tax system in whole India. India follows dual GST where both centre and state has the right to impose tax on goods and services and GST is destination based tax this paper brings out basic concepts of the GST which includes history of the GST in chorological order, definitions only GST Supply and goods has been defined as these are basic definition one has to understand to have better view towards GST, advantage and disadvantage of GST after implementation is looked to understand what is strength and weakness of GST, needs of GST in India and types of GST to understand concepts of GST.

Innovations in pharmaceutical sector is subject to patent and test data protection. Biosimilars is one of the pharmaceutical innovations for which there is a huge potential in developing economies. The importance of biosimilars is because of the expiration of patents and other Intellectual Property exclusivity rights. With regard to biosimilar regulatory matters, Europe is ahead of the USA. The Indian Government launched its biosimilars guidelines in Boston at the BIO industry conference on June 19, 2012. These guidelines are now revised and now Guidelines on Similar Biologics: Regulatory Requirements for Marketing Authorization in India, 2016 is applicable. For India biosimilars could be an affordable treatment option. Approval of 98 biosimilars in India is a positive development in the field of pharmaceutical innovation.

A country’s criminal justice system rests on the criminal law principles that it establishes for itself. Criminal law principles are essentially certain parameters that the State sets for itself to be guided in criminal cases. However, the understanding of crime varies with time and place. An act that may be considered as heinous in one place may be considered trifle in other. The definition of crime, therefore, is different for a given judicial system. To regulate the conduct of citizens, the State lays down certain principles to guide itself while adjudicating a criminal case. By way of this research, the author attempts to apprise the reader of certain criminal law principles in the South African Criminal Justice System. While discussing the principles, reference would also be made to existing literature in the form of landmark judgments passed by the country’s Constitutional Courts, arguments forwarded by scholars, and the current position of law in South Africa.

Justice is always considered as something which is good and is observed as a natural order. Through this article, I aim to show the reality of justice, that it is not natural, but instead a social construct. It is a beautiful lie present to control people and maintain order in the society. I will begin by conveying what exactly justice is, and then explain how it is a false promise. After that I will show how justice and law are used as a social measure to control the masses and the numerous flaws present in the legal system. Finally, I will conclude by once again briefly revising what I wanted to convey through this article, and the importance of us understanding it. Justice is meant to be a tool for us, and not become our owners, something which many people often forget.

The available cooperative legislations are gender neutral. Co-operative law is moreover administrative law. It is for regulation, control and for monitoring the co-operative organizations. Co-operative law is to strengthen the cooperative movement. Cooperative is an autonomous and voluntary organization of people with common interest, common economic, social and cultural need and aspirations through a jointly owned and democratically controlled enterprise. It has to observe the co-operative principles accepted by ICA. These principles and the sustainable goal number five, gender equality are accepted by ICA and ratified by India. But the half population, women are not represented adequately in meeting, voting, leadership and at managerial positions. Being functional law, Co-operative law does not specify the provisions for effective participation and representation in co-operative organization except section 73c of The Maharashtra Cooperative Societies Act, 1960. 97th constitutional amendment provides even less percentage for women representation. To enhance the women participation and representation need for special and separate enactment, bye laws or separate legal framework is necessary or need to amend the existing law is necessary is the subject matter of this research article. The author has analyses the existing legislations in the context of women empowerment and gender equality. The constitutional mandate, the policies of UN, ICA, and the policy of Indian government are also studied by author. It is observed that though the cooperative law is gender neutral need to have separate piece of legislation to govern the women’s co-operative organizations as well as for effective participation and representation of women in credit co-operative sector.

It is a well-known fact that custom is one of the main sources of the international law as enumerated under the Article 38(1) of the Statute of International Court of Justice. Article 38 (1) (b) defines custom as “evidence of a general practice accepted as law.” There are two main elements of the customary international law. The first is State Practice (usus) and the second is belief saying that such practice is required, prohibited or allowed, depending on the nature of the rule, as a matter of law (opinio juris). Customary international law is widely accepted alongside the treaties. However, there has always been a question regarding its relevance in the 21st over the time. The present paper proposes that the customary international is absolutely relevant in the modern world and crucial at the same time. The paper focuses on three relevant aspects of the customary international law. Firstly, the legal, social and moral legitimacy of customary international law. Secondly, its usage and legal validity. Lastly, the paper discusses the relevancy of customary international law in the modern era. The authors have also tried to find the relevancy of customary international law in the humanitarian law and human rights. The moral and social legitimacy of the customary international law has been established by the courts in several cases such as the Nicaragua Case, North Continental Shelf Case and many more. However, the legal legitimacy of the customary international law has been controversial through the time. Therefore, the paper suggests that it is important to establish the legal legitimacy of the customary international law, clearing the vagueness in the same.