Issue Archive · Open Access
Volume IV – Issue IV / 2021
Articles · 275
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Improving Albania’s Internet Law to Achieve Growth in E-Commerce: Paving the Way Toward Membership in the European Union
Associate Professor of Accounting and Business Law at Tarleton State University, Fort Worth, Texas, USA.Pages 01 - 11In the digital age, the E-signature has replaced the handwritten signature. Since 1995, there have been three generations of E-signature law: the first mandated use of the digital signature, the second recognized the legal validity of all types of E-signatures, and the third recognizes all types of E-signatures, but gives preferred status to the digital signature. Albania’s Electronic Signature Law (ESL) is third generation; it recognizes all types of E-signatures, but favors use of the digital signature. Accreditation requirements are specified for Certification Service Providers (CSP), the issuers of certificates and verifiers to third parties that a digital signature is that of a specific subscriber. The CSP is responsible for maintaining the security of information that it receives from its subscribers. The CSP must inform the subscriber of any limitations on the use of the certificate. If an accredited CSP issues a qualified certificate, it must meet more stringent security requirements which can only be achieved with a digital signature. CSPs must maintain a publicly-accessible repository of certificates and the public keys which relying third parties can use to decrypt a subscriber’s message. A CSP may incur legal liability for publishing a certificate with inaccurate information or for not issuing a private key to the subscriber corresponding to the public key in the repository. The ESL allows certificates issued by CSPs in foreign countries to be recognized if they provide sufficient security. The author recommends that the following provisions be added to Albania’s E-Signature Law: (1) consumer protections for E-commerce participants; (2) several new computer crimes; (3) information technology courts; (4) mandatory E-government; and (5) explicit long-arm jurisdiction.1,255 views -
Appraising the Stakes of Violence and Gender Based Discrimination in Cameroon: A Complete Disaster in the Protection and Preservation of Women Right and Status
Senior Lecturer in Law, University of Dschang, Faculty of Law and Political Science .Department of English Law, P.O Box 66 Dschang, CameroonPages 12 - 33Women in every given society are treated as abandoned commodities and sometimes susceptible as to what they represent. The international community continue to experience violation done on women rights especially those related to Female Genital Mutilations, Sexual Harassment, Voluptuous Abuses, Rape, widow practices and many other harmful practices. These practices experienced by women on the international scene are not exempted in Cameroon; in matters related to violence. Cameroon comprehended and documented as a State of Law, devours great efforts in certifying that women anguishing from the effect of violence should be protected. In exercising these efforts, the country has ratified a series of international, regional and even sub-regional laws in combating violence done on women. National laws such as the Constitution, the Penal Code, Labour Code, Civil Status Registration Ordinance, Civil Code and many others have been enacted to deal with cases of violence done on women. The question posed is in ascertaining whether this continuous silent crime done on women can be exterminated? Will the women in their status and right experienced security on their established identity? In its entire ramification the story of violence experienced by women will be an unacceptable forum to say without terror that the women will be free from bondage of violence on their various statuses. This is really an oblivious hallucination.1,292 views -
Sanctioning Human Rights Defaulters in the Fight against Terrorism in Cameroon
PhD student at Department of English Private Law, Faculty of Law and Political Science at The University of Bamenda, Cameroon.Pages 34 - 48Sanctions for human rights violation in the fight against terrorism have been the major policy innovation of the late twentieth century designed to solve human rights violations. The main justification for punishing human rights offenders is that sanctions are a means to deter future violations. This article therefore examines the various sanctions for human rights violations in the fight against terrorism in Cameroon and further shows that those sanctions have not been able to deter violators of human rights. It further evaluates whether the use of sanctions is a suitable means to achieve internal peace and security or is actually problematic to resolving the issues that lead to sanctions. If the various sanctions have no deterrent effect, then we propose that an alternative could be community sanction which aims at reformation and rehabilitation of human rights violators.1,237 views -
Critical Analysis of Motor Vehicle (Amendment) Act, 2019 in Reference to Modern India
Associate Manager at Go Digit General Insurance Co. Ltd, IndiaPages 49 - 57Road accidents are common in newspapers and T.V. channels even after enacting Motor Vehicle Act, 1988. Therefore, amendment of 2019 came to bring some change in the scenario. This paper critically analyzes the Motor Vehicle Act, 2019 and what is its impact on the Indians and their lives. It also discusses upon the amount of fine or penalty that is to be imposed under the law and how can the amended law help in reducing the no. of motor vehicle accidents. This paper also analyzes the safety issues involved in online taxis or cabs. The author tries to explain the positive and negative impact of this Amendment. As this law promotes digitalization in fields such as license issuance, address change, receipt issuance etc. in order to bring efficiency in the mechanism, it also is considered as a threat to autonomy of the states of the country. The paper discusses all these in detail.2,754 views -
Critical Analysis of Cyber Crime with reference to Lack of Awareness in the Society
Advocate at Lucknow High Court, U.P., IndiaPages 58 - 66The use of the mobile phones, internet and social media has become a part of everyday life for most of the people in carrying out daily transactions. Internet users are growing enormously, as is cybercrime. Cybercrime is a crime committed with the help of computers and networks. The threat of cybercrime is a reality that always exists and develops both in the personal and professional spheres. With the advent of internet, old evils have been given a new face. The aim of this study is to raise awareness of cybercrime in today’s world and to raise awareness of increased cyber security. This paper tries to analyze cybercrime awareness among the Internet users of several of various ages and educational backgrounds. It is presumed by the author that there exists a relationship between the age group of the respondents and the level of education. Therefore, it is the duty of all the internet users to be aware of cybercrime, be secure from any such crime and also help others by creating awareness among people.2,282 views -
Review of Indian Extradition Law & Policy and the Impact of the Fugitive Economic Offender’s Act 2018
Student at Law College Dehradun faculty of Uttaranchal UniversityPages 67 - 79The paper seeks to provide a comprehensive review of the India Extradition Law and Policy exploring their dynamic nature by discussing various treaties. To present an illustrative analysis of the existing Extradition system in India and to suggest ways to strengthen its Extradition process, the paper reviews the India-U.K Extradition relations. The rise in economic offenders is a global concern. The paper has analyzed data available with reference to economic offences in India which presents a very low success rate in Extradition of Fugitives to India. And gives reasons as to why there has been such a tremendous rise in economic offences in India. The rise of economic offences was one of the prime reasons for the enactment of the Fugitive Economic Offender’s Act 2018 by the Government of India. The paper seeks to answer the question as to whether the act has actually had a substantial impact on Extradition proceedings or not by taking as an example the Vijay Mallya Extradition case.1,491 views -
Powers of President under Article 254(2) of the Constitution of India: Legal Discourse
Advocate in IndiaPages 80 - 89Constitution of India (hereinafter 'Constitution') aims to establish quasi-federal system of government (according to Sir K.C. Wheare). It specifically demarcates the legislative competence of the Centre and State in the form of Union list, State List and Concurrent List. Also, the Parliament has powers to make laws on the subjects other than those falls in the Union list by virtue of the residuary powers under article 248 of the Constitution. Article 254 of the Constitution specifically empowers the State legislature to submit a law on the subject/s of Concurrent List for assent to the President. If the President assents, then such law would prevail in the State notwithstanding any legislation on that subject by the Parliament. This paper endeavours to analyse the effect of Article 74 of the Constitution (as amended by 42nd Constitution Amendment Act, 1976 and 44th Constitution Amendment Act, 1978) on the exercise of powers by the President. It concludes that by virtue of the amended text of article 74(1) of the Constitution, (i) the review of law by the Parliament under proviso to Article 254(2) of the Constitution would be the review of the law approved by Parliament itself; (ii) the powers of President under Article 254(2) of the Constitution to assent the law are of no practical significance and are exercisable completely by the Parliament. Therefore, in order to check the overlapping of powers of Parliament on the one side and that of the President on the other, a review of the provisions of Constitution of India is required in order to preserve the true intent of members of the Constituent Assembly and the spirit of the Constitution.2,826 views -
Same Sex Marriage: A New Constitutional Paradigm
Student at Law College Dehradun, Uttaranchal University, IndiaPages 90 - 101Same sex marriage is a new dimension of social change in the Indian society which requires the attention of the public at large. Homosexuality is a concept which is continued right from the Vedic period and was having a social acceptance until Section 377 of the Indian Penal Code was introduced which made the situation worse for the LGBTQ, resulting in persecution of the entire community. Section 377 led to ostracizing the entire community by the majoritarian policies which led to the decline of the basic human rights. The verdict of Supreme Court in Navtej Singh Johar v. Union of India in the year 2018, finally led to the guarantee of privacy and dignity to the homosexuals. Same sex couples faced multiple problems as the judgement was only half-way ticket to the destination, which allowed them to stay together but never provided for a recognition to their relationship. Multiple problems are faced by these couples in the society resulting in violations of many fundamental rights and legal rights as well. Majority of these couples face social exclusion due to the existence of homophobia even today. It is now the time to provide for better protection to the rights of same sex couples by recognizing their marriage and keeping aside the Indian Ethos and the doomed customary beliefs which has left the entire society in the hands of majoritarianism and intolerance.1,862 views -
New Trend in the Law of Arbitration Law in India: A Study
Student at Law College Dehradun, Uttaranchal University, IndiaPages 102 - 109The basic development in the monetary progression of nations throughout the a few numerous years has been joined by a broad extension in the amount of business discusses as well. Accordingly, elective discussion objective frameworks including mediation have gotten more essential for associations working in India similarly as those during associations with Indian firms. Recollecting the more broad examination between the idea of genuine execution and financial turn of events, this paper is an undertaking to in a general sense evaluate intercession in India as a legitimate establishment. In this paper, the great circumstance in banter objective is inspected. This paper examines and surveys the International Arbitration Regime in India under 1940 and 1996 Acts and major amendment in act in 2018 and moreover discusses the rule thoughts like ref, attentiveness course of action, arbitral distinctions, new distinctions, public methodology, etc This paper in like manner oversees affirmation and necessity of the honor and perceives the Indian framework regulating the local, and International Commercial Arbitration. In International business attestation contracts are as regularly as conceivable applied ADR techniques, especially carefulness is seen as a leave plan intercession as a private, independent, and fair system, time and cash saving benefits that are felt to be the indications of the mediation. Intercession is continuously getting acclaimed inside the get-togethers to settle their worldwide similarly as local business discusses.8,369 views -
Marital Rape: A Hideous Countenance of India’s Criminal Justice System
Student at School of Legal Studies, CUSAT, IndiaPages 110 - 118"Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution." - Bertrand Russell, Marriage And Morals The submission by the Central Government to the Delhi High Court has reignited the debate over whether Marital Rape, an explicit exception for the definition of Rape under S.375 of the Indian Penal Code, 1860, should be recognized as a crime. Discussions are heating up with the female rights activists fighting for removal of the exception and criminalizing forced sex by a man over his wife of 18 years or above, while the Central Government has been vouching for preservation of family ideals. This remnant of India’s colonial past is haunting it, while its colonizers have already abrogated it by the decision of the House of Lords in R v R where Lord Lane of the Court of Appeal observed that “the idea that a wife by marriage consents in advance to her husband having sexual intercourse with her whatever her state of health or however proper her objections (if that is what Hale meant), is no longer acceptable.” The Hon’ble Chief Justice of India (Retd.), Deepak Mishra, in his judgement of Joseph Shine v Union of India, opined, “And, it is time to say that a husband is not the master.” With this view endorsed by the Supreme Court in mind, many are holding their breaths to know the Judiciary’s stand on the issue. The paper studies the legality of Marital Rape in India through its history, legislations and the numerous precedents referring to the issue.1,076 views -
Position of Fundamental Rights in Emergency
LLM student at Chanakya National Law University, Patna, IndiaPages 119 - 125There are three types of emergencies stipulated in the Indian constitution and are applied at three different levels- the national level, state level and financial emergency. During a period of crisis, the president of India can announce a state of emergency. It refers to a period of governance under which the fundamental rights guaranteed by the constitution can be overruled by the president on being recommended by the cabinet of ministers. The provisions of Article 359 allow the President of India to suspend the Fundamental rights. Different kinds of freedom guaranteed by the constitution are suspended during the state of emergency however, the right to personal liberty is not suspended. These rights are the means of obtaining justice for the ordinary citizen and can be enforced by the supreme court when approached under Article 32 of the Indian Constitution. This paper tries to assess the subject and scope of those provisions when an emergency is in operation and to evaluate their effect on the democratic republic and personal liberty.1,854 views -
Indian Laws Relating to Protection of Women A Critical Approach
Student at Law College Dehradun, Uttaranchal University, Dehradun, IndiaPages 126 - 136Women from ancient times have administered a remarkable position in the society where they were given every right to attain intellectual standards. Women have been described holding equal status in the society, but with the passage of time women lost the equal status and formed a vulnerable part of the society. A large number of women are still victims of social evils and traditions which are ingrained in history. Since independence the government took over responsibility of protecting women and providing them better conditions of living. Many women specific laws are made, various laws conventions agreements are also made in order to protect and uplift the position of women in the society. Real empowerment and upliftment means a lot to bring something new rather than to implement properly what we have made. Reform or change in the position of women , emphasizing enforcement of the rights than demanding of a new right is the need of the present situation because all rights are just paper unless enforced1,054 views -
Medical Negligence and Consumer Protection Act
Student at Symbiosis Law School, Pune, India.Pages 137 - 148The doctor in all realms is considered to be light of God. However, they still are humans and are made up of human elements, which definitely include committing a wrong that may be in the form of an act or omission. This wrong can also be from the end of the support staff. So, in such a scenario, it is imperative to determine who was negligent, and under what circumstances. In India, such matters are delved upon the India Judiciary to decide. But the difficulty arises upon the Judges to decide the matter as they are not medical professionals. They have to put reliance upon the expert’s opinion and then apply the basic principles of law of the land. In this paper the authors have talked about the legal aspects associated with Medical Negligence. The paper talks in depth about the treatment of Medical Negligence under Consumer Protection Act, 2019 and Indian Penal Code, 1860.1,798 views -
Review of Developments in the Medical Termination of Pregnancy
Student at University School of Law And Legal Studies, GGSIPU, Dwarka, New Delhi, India.Pages 149 - 161Recently the Medical termination of Pregnancy Bill, 2020 was introduced in the lower house of the Parliament i.e Lower House on 02 March 2020 and was finally passed on 17 March 2021 and it was also passed from the upper house i.e Rajya Sabha on 16 March 2021. The Bill finally received the assent of the President on 26 March 2021 and it became a law. The Amendment seeks to increase the time period in which pregnancy can be terminated. Termination of pregnancy is an event that can be traced for a long time and keeps on being a subject of conflict even today. It includes various social, financial and ethical aspects. Although termination of pregnancy should be a matter of absolute women's rights, still in our country India it is governed by the laws enacted by the parliament which does not take into account the choice of the woman in some cases. We will look into this in detail in this paper. This Research Paper has been divided into V Parts. Part II will examine about the Laws for Abortion in India. In Part III, we will see the Comparative Study of the Medical Termination of Pregnancy Act, 1971 with the recent Medical Termination of Pregnancy (Amendment) Act, 2020. Further, Part IV shall deal with the comparative analysis of abortion in USA and India. Part V shall deal with the Social ethical issues and Psychosocial aspects related to termination of pregnancy. Lastly, Part VI shall deal with the conclusion and suggestions.1,609 views -
Domestic Violence against Women during COVID-19
Student at Law College Dehradun, Uttaranchal University, IndiaPages 162 - 168The Protection of Women from Domestic Violence Act 2005 is an act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian Government and Ministry of women and child development on 26 October 2006. The Act provides a definition of “Domestic Violence” for the first time in Indian Law, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional\verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders, rather than criminal enforcement.1,327 views -
The Significance of Special Marriage Act, 1954: An Insightful Analysis of the Challenges of Implementation
Student at KIIT School of Law, IndiaPages 169 - 181In India, the man-made demarcations of caste, religion, culture play a predominant role in the matters of marriage. Customary marriages in India take place within the caste and faith to which the couple belongs to. Those nuptials which challenge this norm of Indian society are considered socially unacceptable and irreligious. But the Special Marriage Act, 1954 works towards granting legal validity to those marriages where the two consenting parties belong to different faiths or castes. It lays down the procedure through which such marriages are granted legal credibility. However, this paper seeks to analyze the procedure through which the ‘special marriages’ takes place and highlights the anatomy of the problems pertaining to the same in the light of recent Indian social developments and modernization. It scrutinizes the problems with great precision and meticulously lays down the modification which is absolutely necessary to make the Act undeniably efficient and scale down the threat of honour killings, violence, coercion the intended couple is subjected to by the community. The paper also seeks to shed light on the growing magnitude of caste endogamy and casteism which is having an adverse impact on the inter-caste and inter-religious marriages in India. The major objective of the paper is to provide an insight into the challenges associated with the implementation of the Special Marriage Act, 1954.2,721 views -
The Ban on Advertising as a Canon of Ethics for Lawyers
Student at Jindal Global Law School, IndiaPages 182 - 186The paper aims to identify the persistent stigma surrounding advertisements by lawyers and observe the period changes that have made such ban on advertising redundant. This paper consists of an analysis of judicial decisions that have moved back and forth between the rights of lawyers to be able to advertise as opposed to their duties as officers of the court and not businessmen. It questions the judiciary’s reluctance at identifying the modern aspects of the legal profession as commercial enterprises and recognises the embodiment of the right to advertisement in the right to freedom of speech and expression, which is a protected fundamental right in the constitution. Lastly, it aims to identify the arguments presented by the opponents of advertisements by lawyers and find justifications for the alternative, if the ban was to be lifted by BCI.1,558 views -
Medico Legal Issues Related to Tissues and Organ Transplantation in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 187 - 195The medicinal field has taken a new turn with advancement of sciences and technologies. With development in the field of science, many new practices and equipment have also been introduced in the medicinal field. One such field, that modern science has touched is the field of transplantation of human organs and tissues. It means removal of an organ from a body of person whether alive or dead and transplantation of such organ into the body of another person. The person who donates such organ is known as donor, while the person who receives such organ is known as the recipient. Donor of such organ can be a cadaver, a dead person or a brain-dead person which can also be a donor of such organs. In India, The Transplantation of Human organs and Tissues Act, 1994 regulates such organ donation. As per the Act, we follow the concept of ‘opt-in’ consent which means such organ donor has explicitly opted for organ donation after his death, but ultimately it is the decision of the family of such cadaver and of brain-dead patient. The Act, also deals with regulation, registration of hospitals as well as with Appropriate authority and prescribes offences and penalties under the Act. Though, there are some drawbacks too. ‘Right to health’ is the fundamental right of every citizen. Though, such right is not expressly mentioned in the Constitution but has been enshrined under Article 21 of the Constitution, which talks about ‘Right to life’. The scope of Article 21 is wide enough, to take under its ambit various other aspects of human life, namely ‘Right to live with dignity’ or ‘Right to have a clean environment’ etc., that deals with humanly conditions. To have organ transplantation also comes within the ambit of ‘Right to health’. There are many malpractices prevalent in India. One such malpractice, that is followed by the medical practitioner is of medical negligence or professional misconduct. Which can be curbed by following up of professional code of conduct and adherence to various other legislations. As duty of medical practitioner is the right of an individual and violation of such right may result in liability of the medical practitioner.2,235 views -
Sui Generis Protection to the Plant Varieties and Farmer’s Rights in India
Student at Symbiosis Law School, Noida, IndiaPages 196 - 199Plant variety protection covers intellectual property rights over varieties of plants which allow the right holder to exercise exclusive trade rights for a defined period of time. Article 27(3)(b) of the TRIPS Agreement requires each of the Member States of the WTO, within stated time frames, to provide protection to the plants by means of domestic law. Farmers' rights to conserve improve, and make available plant genetic resources for the production of a new plant variety should be recognized and protected at all times. Farmers' and breeders' rights are described in this article, which is outlined in numerous sections of the Plant Varieties and Farmers' Rights Act, 2001 (PVPFR Act) and have been recognized in cases such as PepsiCo vs. the Farmers.1,434 views -
Policing for Social Change Tracing the Historical Evolution of Policing and the Role of Police in Society
Associate Professor & Research Supervisor at School of Law, Christ (Deemed to be University), Lavasa Campus, Pune, IndiaPages 200 - 215Law as an instrument of change must constantly evolve and cater to the changing social, cultural and political ideologies of the society. Policing as the enforcement agency of law, too needs to change at the same pace as that of the society. Since ancient times, modern policing has evolved and police today are looked upon as mediators in settlement of disputes and are responsible for the moral stability of the society. Sir Robert Peel’s modern democratic principles of the Metropolitan Policing System introduced in the year 1829 are being followed throughout the world. However, India was never regulated by these principles during the colonial rule. The Irish colonial model of armed policing was used by the British to assert their supremacy and hold over India. It was nowhere close to the democratic model of policing of Sir Robert Peel and it violated the principle of rule of law. This colonial policing culture is still deep-rooted in Indian policing and has failed to emerge from the repressive colonial rule. The most important facet of modern policing is public trust and faith. Policing is no longer just about maintenance of law and order, but has evolved to moral guardianship and protection of human rights. Policing in India needs to reform from the colonial rule and adapt itself to improve the quality of policing. Research has proven that women in police improve the quality of policing and help reporting of sexual assaults and domestic violence as victims feel comfortable reporting to female police. This paper is a study of the historical evolution of policing and an attempt to understand the role of police in meeting the expectations of the society.1,706 views -
Intellectual Property Laws vis-a-vis Competition Law
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 216 - 228Competition and innovation are two major components of any market economy. They are the pillars on which growth; development and efficiency are built, generated and enhanced. Competition Law and Intellectual Property Rights (IPR) are both founded with the purpose of achieving economic development, technological advancement and consumer welfare. Intellectual property covers a bundle of rights such as patents, trademarks or copyrights, each of them different in scope and duration with a different purpose and effect. Intellectual property law subjects intellectual assets to the exclusive control of the owners, assignees and licensees. In other words, intellectual property laws are monopolistic in nature as they guarantee exclusive rights to the creators and owners of work and prevent commercial exploitation of innovation by others. Competition law on the other hand, seeks to promotes competition, increase access to market and benefit consumers by ensuring that the manufacturers and suppliers of goods, services and technologies effectively compete against each other. The main objective of competition law is to regulate the behavior that might harm the competitive process. Competition policy is of vital importance for the efficient functioning of market economies.1,500 views -
The Arbitrability of Insolvency-Related Claims in Parallel to Ongoing Insolvency Proceedings
Student at Symbiosis Law School, Noida, India.Pages 229 - 237Contractual claims, in which one party requests payment of a specific sum, are the most common source of commercial arbitration conflicts. This subject matter is, without a doubt, arbitrable in and of itself. When one of the parties declares bankruptcy, insolvency laws often require the insolvent party to undergo an authentication process overseen by national courts. Government policies regularly collide with international arbitration decisions. While arbitral tribunals emphasise the liberty of parties to choose whether or not to resolve their disputes through arbitration, states have a natural tendency to protect their territorial sovereignty and public policy. This paper talks about arbitration and its scope in the case of insolvency proceedings, how it is affected and what are the views of the international and national authorities on the subject matter. Through this paper, the authors have tried to convey the International and National standpoints on the issue of clash of arbitration and insolvency proceedings.1,034 views -
Contracts in Sholay: A Law Student’s Review of the Contracts in the Movie
Student at NALSAR University of Law, Hyderabad, IndiaPages 238 - 243Sholay is a movie that needs no introduction. Apart from its contribution to the meme community, it has also been one of the greatest movies of Bollywood. It explored the themes of family, romance, action and comedy. However, as a law student it is the contracts or the agreements in the film that can make law students curious and think hard about contract law principles. This paper looks at the contracts between Thakur and Jai and Veeru and Soorma Bhopali and Jai and Veeru to answer the question of whether these agreements are contracts? This paper analyses these two agreements with the help of Indian Contract Act, 1972 and its principles of Undue Influence, Rescission and Unlawful object and consideration.2,517 views -
Narco Analysis Test in Indian Criminal Justice System
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 244 - 253The rapid advancement in modern science has made its contribution in every field be it for the welfare of the society or otherwise thus modern science has made its way to the crime and crimes. Thus, it has made it essential for the investigating agencies to be equipped with the modern scientific tools so to serve justice to the society against the crimes. The Narco Analysis is one such psychotherapeutic technique which has been timely proved to be of great aid in finding the lead in clueless cases. In this study it has been concluded that Narco Analysis test is effective and aid in investigation but at the cost of fundamental rights of subject and this technique is admissible in court but only as weak evidence. The study is focused upon the Indian perspectives and laws related to Narco Analysis techniques.1,182 views -
Justice Delayed is Justice Denied
Student at Galgotias University, IndiaPages 254 - 259Today if we look at the situation of the court there will be plethora of emotions that comes up along with cruel reality of the people of India, which is a big part of it is still to be uneducated and illiterate people, who have to spend the money to get this wheel of justice in motion, and again, year after year and over the decades and still have to wait for justice at the end of the night. Should we proud to have witnessed the suspension of Nirbhaya offenders, or to change the resolution of the Ram mandir conflict? This is exactly where it hurts. The problem is, how do you define honesty? What is justice for us and what do we expect. Acid attacks, rapes, murders, extortion, fraud, deceit, murder and all of that. It's like a comic book I read with my coffee in the morning, while I hold the paper in place. Believe me when I tell you that it is already a normal thing to do. The wheels of justice are slow, the criminal, however, the inertia would be an "exaggeration". “Justice, as in the case of perishable property, to be good, you can do it too long, will cease to value. If you do it long enough, it loses its meaning".1,267 views -
Critical Analysis of Police Investigation in Cr.P.C
Senior Manager at HDFC ERGO General Insurance Co. Ltd, India.Pages 260 - 268Police investigation is a part of criminal procedure which is provided under the Criminal procedure Code. Investigation means a search for truth, evidence, and justice. In this paper, the author discusses the provisions relating to police investigation that are provided under the Criminal procedure Code and important case laws relating to the provisions. The paper also discusses the ground reality of these laws and how it is actually being implemented in the cases.3,328 views -
Child Trafficking: A Social Evil
Student at Law College Dehradun, Uttaranchal University, IndiaPages 269 - 279Child trafficking is considered as one of the ugliest crimes at global level where the sale and purchase of children takes place and they get treated as a commodity or chattel. This is the process of recruitment, transport, transfer of children who are below the age of 18 years for some immoral and illegal purposes. Trafficked children get exploited through various acts where they experience several pain and sufferings at places like brothel, factories etc., these traffickers, pimps force children into several unethical acts where they experience sexual, mental, physical and psychological pain. There are bundles of laws which are there to protect the interest of children and to deliver justice to the child victim. But, only the existence of such legislations is not enough to bring changes, so it is the responsibility of parents/guardians to educate their children as well as make them sufficient enough to take right decisions and not fall for any trap. There are numbers of reasons which either invite or parents or guardians willingly push them into this dirt due to unemployment, illiteracy, uneven economic conditions, poverty and other factors1,304 views -
Socio Economic Impact of Covid-19 Pandemic in India: A Study of Legal, Judicial and Policy Interventions
Associate Professor at Faculty of Law, University of Delhi, IndiaPages 280 - 294COVID-19 Pandemic caught India off-guard and has wrought havoc in the lives of the people. First national and later local lockdowns had an adverse socio-economic impact. To meet the challenge the government invoked laws, framed policies, and adopted welfare measures to protect people, businesses and economy. The judiciary played a seminal role in ensuring accountability and even giving directions for better legal and policy implementation. The paper analyses the ways in which pandemic impacted Indian society, also the measures taken by the government and role played by the judiciary in meeting and containing the challenges thrown by the pandemic.983 views -
Casus Omissus for Cross-Breeding of Entities- NCLAT Conundrum
Standing Counsel for Rajasthan Commercial Tax Department, IndiaPages 295 - 301In Regional Director, Southern Region, MCA & Anr. Vs. Real Image LLP & Anr., NCLAT played the role of big Brother and created extra-ordinary hurdle for Domestic Businesses. It is a known fact that many MSMEs in India initially operate as Proprietorship or LLP and subsequently, for securing investments, they cover themselves under the Companies Act, 2013 either by merging or converting their firms into Limited Companies. But with this Judgement of NCLAT, the path has become much more tenuous. It is no wonder that the Domestic Industry is up in arms and is strenuously lobbying the Ministry of Corporate Affairs to make appropriate amendments in the Companies Act, 2013. The uniqueness of this matter is that both the NCLT and the NCLAT have based the ratio of their respective judgements in the underlying rule of interpretation being “principle of casus omissus”. Such is unprecedented in the nascent history of the Tribunal. This paper analysis such matter by extrapolating the rationale behind both the NCLT and the NCLAT’s decision. The Author begins by providing the context in which the matter came up before the NCLAT and thereafter analysis the principle of Casus Omissus by providing a historical background and its current application. This is followed by analysis of the facts and merits of the case and it correlation with the Casus Omissus. The Paper concludes by highlighting the shortfall in the NCLATs decision and provides the road ahead for respective Litigants and the Domestic Industry.1,124 views -
Children Rights and their Protection During Armed Conflicts
Student at Law College Dehradun, Uttaranchal University, IndiaPages 302 - 310“Every gun that is made, every warship launched, every rocket fired signifies in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children. This is not a way of life at all in any true sense. Under the clouds of war, it is humanity hanging on a cross of iron.” ― Dwight D. Eisenhower. The nature of contemporary warfare and modern techniques of attacking out the civilians and the government by the armed rebel groups or another non- governmental organizations have used children times and through, children to be their silent and the most proficient tools for striking out a deal. They are frequently made the victims of the indiscriminate attacks and are subjected to sexual violence. The International Organizations have been taking part, as part of the wider international community issue to confront this issue. Standard procedures for monitoring and reporting procedure of six grave violations of the norms set by the international organizations and other bodies have been working to eliminate the abuse and the actions taken upon the children thus, making their rights the prime importance for any stepping stone of such organizations. In this study it has been concluded that the international organizations through its various data analysis and framed up policies have always made its core to benefit the children their well being with their overall growth and development whether it be physical, mental or psychological framework. The study has been framed up to impart the global outlook and international bodies their working and their data’s to safeguard such rights and protecting the children at all levels.1,162 views -
A Brief Study on the Present Position of Hacking and Legislative Approaches for its Prevention in U.K, U.S.A and India
LLM student at Cooch Behar Panchanan Barma University, India.Pages 311 - 320Hacking is one of the most common forms of cybercrime. The truth is that no computing device on the planet is really safe from hackers. Any device on the planet can be compromised. According to Section 66 of the IT Act, 2000. hacking is classified as any person who removes, deletes, or alters any information residing in a computer resource or diminishes its value or usefulness or affects it injuriously by any means with the intent to cause or knowing that he is likely to cause unlawful loss or harm to the public or any person who destroys, deletes, or alters any information residing in a computer resource or diminishes its value or utility or affects it. In today's world, crime on the computer-generated superhighway is a modern phenomenon. We cannot imagine any intellectual or necessary job in our everyday lives without Information Technology. However, deviants and terrorists are abusing and misusing this new multimedia technology. Cyber hacker attacks on the Bhaba Atomic Energy Centre, AIIMS, and the World Trade Center, for example, have resulted in more human life being lost than conventional offences. As a result, in order to protect our everyday lives, businesses, and intellectual property, we must consider the protection and regulation of cyber-crimes, especially the most dangerous of which is cyber hacking.1,097 views -
Custodial Deaths- No More Saviors in the Nation
Student at University of Petroleum and Energy Studies, School of Law, Dehradun, IndiaPages 321 - 330“Torture is brutality to civil society”. An overview of the prevailing condition of one of the most devastated crimes i.e., custodial deaths is basically the purpose of the study which creates the controversy of trust on the police and their authority of powers on the people or the citizens who are in their custody. Custodial Death is the happening of an event of the death of an individual who has been detained by the police on being convicted or someone who is undergoing a trial. Custodial deaths are known to be the cold-blooded play of power and class which is to be discussed in detail. They are influenced by power politics, caste and religion-based discrimination. It has become common to hear about the deaths of people in custody due to physical torture by police. Most of the times the act of physical torture by police has arisen a question on the extent of their authority and powers. It has become a humanitarian issue which shows that the existing laws for prosecution are not being into effect with transparency. As the design of the paper also focusses on the aim that law alone will not eliminate the crime which is leading to death. The act of such brutality has made the meaning of word ‘custody’ very ironic as it means ‘protective care or guardianship of a person who is in the custody’. Hence, the remedial measures should be the significant factor in the light of prevention of such crimes and deaths as this is one of the highlighted factors in the National Human Rights Commission’s list.1,180 views -
A Critical Study on the Violations of International Humanitarian Law in Syria and Status of Refugees
Student at Law College Dehradun, Uttaranchal University, IndiaPages 331 - 350The present study aims at exploring the Condition and Situation of Syria. This Study also shows the Data Taken from different sources which states about the number of persons killed in Syria by different parties. It also gives a brief view of the judicial, legislation and refugee status in Syria. The Data will help in understanding the emergency situation in Syria. The Paper Examines about the Status, Rights and Resettlement of Refugees from Syria to Different States. It also specifies about the International Humanitarian Laws which are constantly violated by the Government of Syria and other States such as Israel.1,163 views -
Critical Analysis of Divorce by Mutual Consent
Student at Symbiosis Law School Hyderabad, IndiaPages 351 - 361A marriage could be understood as a legal sanctity that leads to the union of two souls. It is a responsibility undertaken by the spouses to attain happiness and perform the societal obligations. The same is widely known as a sacrament and sometimes as a civil contract between the parties. Even though there exist some discrepancies regarding the perspective of marriage among people, the common objective of the same, being fulfilment of obligations, remains the same. For situations where it becomes impossible for the parties to fulfil these obligations or stay in the marriage, different grounds have been set up by the courts in India in order to bring a marriage to an end, divorce by mutual consent being one of them. Mutual consent as a method of dissolving a marriage is one of the most civil ways to end a marriage. Upon realisation that the wife and the husband can not live together, they can mutually agree to dissolve the marriage with the help of this provision. Divorce by mutual consent could be found under different legislations in India i.e, The Hindu marriage act, 1955, the Special Marriage Act, 1954, the Dissolution of Marriage Act, 1939, The Muslim Women Protection of Rights on Divorce Act, 1986, the Parsi Marriage and Divorce Act, 1936, and the Divorce Act, 1869. The author in the present paper strives to explain to its readers the concept of dissolution of marriage by mutual consent pertaining to the Hindu law and the Muslim law. The paper has further laid down the various essentials of divorce by mutual consent and exceptions to those essentials under Hindu Law.2,512 views -
Reverse Book Building Process under the New Delisting Regulations, 2021
Student at Amity Law School, India.Pages 362 - 369With the advent of COVID-19, the unpredictability of the stock market also continued to prevail in India with many small and big companies like Hexaware Technologies, Adani Power, Modern India Limited, Vedanta, etc. getting voluntarily delisted from the Stock Exchange. The reason for triggering voluntary delisting can be numerous other than the non-profitability of the company and therefore, the Securities and Exchange Board of India (SEBI) governs the delisting of companies under the SEBI (Delisting of Equity Shares) Regulation, 2009 which has now become the SEBI (Delisting of Equity Shares) Regulations, 2021 for providing a smooth and substantive governed process to the companies. The basic intend of SEBI on introducing a new regulation altogether was to ‘Time Bound’ the entire process of delisting of equity shares as under the erstwhile regulations, there were no proper durations of executions because of which many delisting offers have failed in the past like that of Vedanta. As a result of lack of proper time-bound durations, the offer used to delay in time which used to be followed up by a change in market conditions and eventually would result in the failure of the delisting process. Therefore, the new regulations have laid much emphasis on mandating specific time boundations for the effective functioning of the delisting process. In this article, we are going to understand the evolution and critically analyze the Reverse Book Building Mechanism as per the new Delisting Regulations of 2021 which is required to determine the discovered price of the purchase of shares to successfully delist the company.2,034 views -
Protection of Environment and Constitution of India
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 370 - 380We have observed serious manmade disasters to the environment in India where many lost their lives one such disaster is the Bhopal Gas Tragedy in the year 1984. Since then, the requirement for protection of the environment has become an important issue to concentrate on. The Constitution of India has provided numerous provisions regarding protection of environment to have a clean and pollution free where it is the state and the individuals to conserve the natural environment of the nation but why do we have a high percentage of environmental degradation. India has to tackle a number of problems such as population, scarcity of proper food and water, health facilities and poverty. India has one of the greatest populations of slums and if you observe the slum areas you will see a very bad environmental atmosphere. We will be dealing with different cases in this paper such as M.C. Mehta v Union of India and various other environmental cases like the Ganga River pollution case. The aim of this article is to observe the Constitutional Provisions on environmental protection, to compare the provisions on Environmental Protection Act, 1986, To find a method in bringing in an effective mode of environmental preservation, To study the case laws regarding Environmental Law, To observe whether the constitutional remedy is effective enough or not.1,070 views -
Critical Analysis of the Best Interest of Child Theory
Student at Symbiosis Law School, Hyderabad, India.Pages 381 - 389The idea of the Best Interests of the Child is a novel term adopted by the United Nations Convention on the Rights of the Child. It is a fundamental component of the Convention and has been established as one of the Convention's four general principles by the Committee on the Rights of the Child. The issues and instances which are not mentioned in the Convention are also focussed on and are considered by the best interests principle. If a specific issue is not dealt with by the Convention, the principle of best interests should be considered for guidance. The goal of this paper is to define the term "best interests of the child". It is claimed that its application has always muddled instead of helped discourse on child care and family work, raising the misconception that "the best interests of the child" are obvious facts. This paper addresses using the "best interests of the child" as a driving philosophy when making decisions. The widely held belief is that the theory requires decision-makers to achieve the best result for the children involved, but that this must be balanced against other concerns. As a result, the mechanism is very wide. This theory's implementation has been criticised for undermining legal protections for children and parents and culminating in unreasonable and irrational actions. The paper contributes significantly to this explanatory debate through the use of a theoretical and literal overview of the theory, as well as its relationship to other articles of the Convention and brings out the various drawbacks of the UN CRC and provides suggestions on how these difficult situations can be prevented.2,816 views -
A Critical Analysis on the Right to Vaccination under Article 21 of the Indian Constitution
LLM student at Chanakya National Law University, Patna, IndiaPages 390 - 396We have always heard that, “prevention is better than cure” but when there is no cure than prevention is the cure. The statement is very much relatable in the recent times when the whole world is fighting with a new kind of virus, generally, known as ‘COVID-19’. This COVID-19 is caused by a virus known as Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) and generally belong to the family of Coronaviruses. The sad part is that there is no permanent cure to the disease caused by the COVID-19 virus. Though the medical science has approved some medicines but it is very much difficult to stop the spread of virus amongst the people. The only hope left is now on the different vaccines available to the citizens in the current situation. It is very well clear that Right to Health comes under the ambit of Article 21 of the Indian Constitution as witnessed through the various precedents but still it has become a herculean task for the Government of India to vaccinate each and every citizen due to various reasons, out of which maximum of them are fake. Now, the question arises here is that does the Indian Government has a constitutional obligation or is under a legal duty to vaccinate all its citizens against COVID-19 or not? The answer to which, according to me, should be given in a legal, logical and scientific manner. If Right to Health is a Fundamental Right under Article 21 of the Indian Constitution, then Right to Vaccination, being one of the attributes of Right to Health, would also come under Article 21 of the Indian Constitution.1,614 views -
The Worst Form of Child Labour Child Pornography
Student at Law College Dehradun, Uttaranchal University, IndiaPages 397 - 404The issue of child labour is not restricted to any particular nation state but is a menace of the global level. Sale and trafficking of children, debt bondage, forced and compulsory labour are some of the existing forms of child labour, however, child pornography is a recent addition to this exhaustive list and with the invention and usage of electronic devices such as computers, video and digital cameras, software and the all-powerful, Internet, the same has paved its way to become one of the most deliberated subjects. It is prevalent in every nation of the world and is the quickest and the fastest growing online business. Owing to such peculiarity, the use of child pornography has become a predominant characteristic of the present society. INTERPOL has concluded Germany to be one of the significant makers of child pornography whereas Netherlands and the United Kingdom are the vital dissemination communities. Moreover, United States is the biggest market of the interest of child pornography. Therefore, the need arises to have a more comprehensive understanding of the concept of child pornography and the legal framework concerning it, at both, the national level and the international level along with identifying areas which require improvement in this regard.1,058 views -
State-Sponsored Homophobia: In Relation with the New Hungary Laws, 2021
Student at Army Institute of Law, Mohali, Punjab, IndiaPages 405 - 417The LGBTQI community has been the most discriminated community since the beginning. State-sponsored homophobia is practiced in several countries. Hungary has been the country continuously promoting the segregation of the community from the normal social standards. Therefore, the country recently passed a new law whereby minors are restricted to be given education about homosexuals in schools or on media platforms. This has resulted in the violation of the Right to expression and right to inclusive education. The step can lead to the youth of the country being misguided and following the conservative norms in the later stage. The paper studies the newly passed Hungarian law. Alongside, it focuses on the laws implemented by the European Union for the protection of the LGBT+ community. The paper is a critical study of the promotion of homophobia by the national government. It also studies the criticism being offered by various International Organizations and countries of the European Union against the newly termed Anti-gay laws. There is a need for a uniform law in the European Union to have a more strict and uniform law among its member states for equality based on sexual orientation. The paper gives an analytical study on the consequences of the step taken by Hungary by doing a comparative study of similar laws in Poland.1,503 views -
Restraint and Limits of the International Human Rights Regime -A response to the proponents of International Law
Student at Shiv Nadar University, IndiaPages 418 - 424The United Nations holds the responsibility "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”. Human rights and International law are knit together since the Geneva convention, the deep intervention of both the disciplines earlier led to the adoption of the UDHR. This article reviews the limitations that have been significantly affecting human rights influence in International law. Subsequently, the article responds to three important international lawyers that have expressed well articulated arguments on the issues associated with the human rights regime. The author will conclude this paper by establishing problems associated with the Euro-American history of international law and the exclusion of third world states.1,027 views -
Desire to Amend Section 498-A of IPC: A Critical Study within the Ambit of 243rd Law Commissions Report
Student at Law College Dehradun, Uttaranchal University, IndiaPages 425 - 436Marriage is a union between two persons and is culturally recognised, establishing rights and obligations between them. Thus, in this social organization the spouse is supposed to deal with and keep up his better half as an obligation which cannot be disregarded. But even in this social institution there exists social evils, one is the dowry system. Number of cases are evident that the wife is made subject to cruelty, whether mental or physical, in case the demand is not fulfilled by her or her relatives. She is ill-treated, harassed, etc. Around more than a half of the Indian women are a victim of domestic violence and dowry related death and cruelty. With the intent to safeguard women, enactments like the Dowry Prohibition Act, the Domestic Violence Act, etc., have been enacted. For the same reason, section 498-A was inserted in the IPC in 1983. It deals with cruelty, whether mental or physical, with a married woman by her husband and/or his family. But as time passed, the concept of cruelty took a new colour. Some of the women have been found to be indulging in registering false and fabricated complaints against their husbands and his family. Various instances have proved that the provision has been and is being misused by evil hands for their own ulterior motives, one being for alimony. Possibly, the main reason behind such practice could be the loopholes in the said provision, i.e., section 498-A of IPC. The laws that have been framed for the protection of women are so much in favour of women that many times ignore the effect of it on innocent men. The purpose of this research paper is to critically study section 498-A of IPC. The paper aims at highlighting the requirements so as to develop a multidimensional approach and focus on the abuse of the provision under section 498-A of IPC. With this, the author has tried to put some of her own suggestions and recommendations to counter the said evil.1,160 views -
India during British Raj: Marxist View
Student at Dharmashastra National Law University, IndiaPages 437 - 456“The Government which attacks its own innocent subjects has no claim to be called a civilized government. Bear in mind, such a government does not survive long. I declare that the blows struck at me will be the last nails in the coffin of the British rule in India.” Britishers were like “I am nothing, but I must be everything” and the foolish Indians had allowed them to rule over and exploit them. So, the Researcher in this article has focused primarily on an assortment of discrimination faced by the Indian peoples during the colonial rule, which further led to the economic inequality. He firstly discussed about the Indian economy in the pre-colonial India, in various sectors like agricultural Sector, Industrial Sector, Foreign Trade, Demographic Condition, Occupational Structure and the Infrastructure. He then looked upon aspects like racism, discrimination faced by Indian citizens due to racism and how it promotes capitalism. Also he talked about the Marxist feminism, discrimination against women, economic inequality of women with men, how British imperialism worked, how British ruled India, economic inequality among the white and black and also how the British exploitation is responsible for the India’s poverty. Researcher also putted the efforts in looking for the discrimination between the working class (Indian workforce like, employees and workers) through the Marxist view. How working class were filled with Indian while the commanding or industrial class with white men, women were treated as unequal to men, working class were not pay with the stipend or the wages according to the work they use to do, they never got the share from the profit earned by the Britishers through European markets and women were pay even less than the men. All these criteria led to the formation of many trade unions. They had certain main objectives like the distribution of the fair wages to the working class, quality of life, stop exploitation, opportunities to be given, less working hours and many others. Followed by which he also explained about the changing dimension or parameters for the economic policy after the independence and at the last researcher gave the conclusion of the research.2,074 views -
Matrimonial Cyber Crimes
Student at Galgotias University, India.Pages 457 - 462Matrimonial sites had become a brand-new spot for criminal activities in the Asian nations. Asian nation may be a nation keen about marriages and wherever urban voter's area unit progressively adopting the net route to search out matches, with the net matches creating obtaining fashionable at intervals the country, increasing variety of cyber duping cases has become the matter of nice concern to the marital status websites UN agency helplessness on the far side a degree in checking the menace. In 2015 there has been a 207% rise in online marital status Scams. These scams involve perpetrators UN agency approaches the victim with a wedding proposal on online portals and invariably furnishes pretend information. Prashant French Sudan, International Cyber Law and personal knowledge, Cyber Policy Leader, and urban centre state supreme court attorney says that «Matrimonial sites area unit referred to as intermediaries at intervals the definition of law. {they area unit they’re} chargeable for the frauds that are perpetrated through their sites. Marital status sites don't have rigorous KYC procedures in situ and therefore pronto settle for documents/facts provided by pretending profiles, that end in fraud being committed. One resolution may be that they move to eKYC. Another resolution can be provided for insurance, which can change purchasers to create claims in instances of fraud». When accommodation the high-level trust with the victim, the suspect would move into for the aim of crime. In a few of the cases, cops managed to arrest such men. There area unit several alternative cases additionally like a case in the urban centre a person had cheated fifty ladies into a wedding, he publicized himself as the United Kingdom primarily based Indian engineer trying to find a bride in an internet wedding portal. There's some a collection technique to law for marital status petition documenting AN attractiveness or AN application and below the watchful eye of that Court or Forum or capable position. It is not such a lot that you simply area unit at freedom to document asking or application any time of your time. it is not such a lot that gathering will lead any style of proof.1,875 views -
A Study on Damages as Remedies of Breach of Contract under Indian Contract Law and English Contract Law
Student at KIIT School of Law, KIIT University, Bhubaneswar, Odisha, India.Pages 463 - 476When parties enter into a contract or a contract is signed, there are certain chances that the contract will be breached. In this case, in order to protect the preferences or goals of the contracting parties or parties entering into the contract along with providing them with justice, the parties that have been victims of the unlawful act of violation shall be granted such remedies. Damages are one of the remedies which is provided for the breach or violation of contract. It essentially refers to any kind of monetary loss or compensation granted at one time in the form of a sum of money. The purpose or intent of establishment of the systematic or structural law of harm given for violation of contract is to know whether the workers or the public are satisfied in order to maintain the integrity of the community and uplift/promote its growth. This paper intends to showcase meaning, nature and objective of damages as a remedy of breach of contract along with providing an insight on the same under the Indian as well as English law. It also provides a comparision between the two laws with regard to damages under violation/breach of contract.1,781 views -
Validity of Gift When the Donor Keeps Possession
Student at University of Petroleum and Energy Studies, IndiaPages 477 - 487The will of the sovereign parliament under which the governments function is a "statute." The executive must take action and the judiciary during the administration of justice must apply the law as prescribed by this manual. There will often be times when the courts will be asked to interpret the words, phrases and expressions used in the law. While this has been explained, in the courts for centuries, they have laid down some guidelines that have come to be known as the "Rules of Interpretation of Laws" The interpretation of principles is a science in itself. An ordinance is a law of the legislature and a means of interpreting or establishing it is to seek the intent of the maker. The provisions of the law must be taken in accordance with the intent of the author to do so. Translation has two types- grammar and language. The definition of a system is achieved by pointing to the rules of speech in terms used in the law; in other words, it only looks at the oral expression of the legislature. Logical interpretation empowers the purpose of the legislature by considering other circumstances permitted in terms of the rules set out in this regard. In this paper the case of Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445 in this case, the Plaintiff had applied for the withdrawal of the gift title deed because the donor had the right to enjoy his or her benefit during his or her lifetime as illegal and void ab initio. It has also been reviewed with the translation law used in the latest case. And, last but not least, researchers have provided conclusions. stating that a gift once registered cannot be revoked or suspended without consent by agreement or by withdrawal as contracts.1,322 views -
Ethical Lawyering: A Way to Uphold the Nobility of the Legal Profession
Assistant Professor at Institute of Law, Nirma University, IndiaPages 488 - 495The Ethics has to be the way of Life for any individual, especially, Professionals. Professional Misconduct is an act of Advocate which transgresses the boundary of decency and well-established norms laid down by the Bar Council of India. The Civility in the Professional life is unarguably the important trait of any Advocate. Any Act of defiance of rules by the member set up by the Statutory Body is a serious issue for the entire legal Profession. The Standards of Professional Conduct and Etiquette laid down by the Bar Council of India includes various duties which the advocates owe towards the Court, Client, opponents, colleagues and the society. The Advocates Act 1961 has laid down the provisions relating to the disciplinary committees and procedure to be adopted for the disciplinary proceedings against the advocates. The Researcher discusses the contours of the Professional Misconduct as determined from the analysis of the case laws and Reports of Law Commission of India. The Researcher also delves into rules and statutory provisions governing the Standards of Professional Conduct expected from the Advocates. The appropriateness of present procedure and punishment is also discussed. The Researcher concludes the paper with the suggestions so that the incidents of delinquent behavior can be brought down significantly.1,162 views -
Cyber Security and Cyber War
Student at Law College Dehradun, Faculty of Uttaranchal University, IndiaPages 496 - 508Dependence on laptop systems has had a transformative effect on human society. Cybernetics is now woven into the core features of without a doubt every essential institution, together with our oldest ones. War is one such business organization, and the virtual revolution’s effect on it has been profound. The American army, which has no peer, is form of absolutely reliant on excessive-tech laptop systems. Given the Internet’s ability for entire-spectrum surveillance and records disruption, the marshaling of laptop networks represents the subsequent stage of cyberwar. Indeed, it's miles upon us already. In Cybersecurity: What Everyone Needs to Know, said professionals Peter W. Singer and Allan Friedman lay out how the revolution in military cybernetics took place and provide a purpose of wherein it's far headed. They start with an evidence of what cyberspace is earlier than shifting directly to discussions of the way it may be exploited and why it's so hard to shield.1,134 views -
Trading of Life Insurance Policy in Indian Insurance Market: Legal Implications
Student at Bennett University, India.Pages 509 - 518In this paper several aspects revolving around the legality of trading of life insurance policies have been considered with respect to Indian scenario. India though wanting to protect the social security of the policy holders fails to equally consider their financial security and development. India may not have a social security program in place however making this an excuse to restrict itself from playing at par with the global market seems like a heavy price to pay in the long term. S. 38 of the Life Insurance Act of 1938 allowed for the free and unrestricted transfer or assignment of life insurance policies. However, this is no longer permitted following the 2015 amendment. Due to it being a personal contract, restrictions have been imposed on the transfer or assignment of life insurance policies, with covered rights being non-transferable in nature with respect to trading purposes. India is currently in a particularly fortunate position, since most international businesses view it as the most trustworthy emerging market and it must take advantage of this opportunity. When investment insights are applied to life insurance, it benefits both the insured and the insurer because when the product price in the secondary market rises, its value in the primary market rises as well. Western secondary markets have been legalized and are regularly codified, leading in significant development and profitability. Customers benefit through establishment of a vibrant secondary market, but so do a variety of insurance providers and organizations. If deliberate action and legislative steps are adopted, India can achieve great feats in life insurance sector through developing secondary markets.1,897 views -
Legal Approach towards Environmental Waste
Research Scholar at IFTM University, IndiaPages 519 - 529An essential precept of ecological equity is that all individuals and networks reserve the privilege to a sound domain where they can live, work, learn, and play. With regards to electronic waste, the idea of perilous waste must be re-examined to mirror the real factors of ill-advised finish of-life the board of electronic parts traded to creating nations. The human wellbeing and natural expenses related with deficient control of poisonous materials is unsuitably high in creating nations. The Judiciary in India has come out as the guardian and custodian of the Indian Environment. It has played a significant role from time to time in saving the ecosystems of India from destruction unleashed by short-sighted developmental policies of the Government of India. A few earth cognizant attorneys, residents, natural gatherings and nongovernment associations have met the challenge at hand and moved toward the legal executive in light of a legitimate concern for the general population. In the current arrangement, legal admittance to natural statute has procured a far reaching degree in different measurements. So it is not really conceivable by sketch practically all the chose instances of the Supreme Court.978 views -
Judicial Activism
Student at Banasthali Vidyapith, IndiaPages 530 - 546Judicial activism, particularly in light of recent developments in this respect, has often been a source of heated debate. With many contentious decisions in the last few years, the judges of the Supreme Court, as well as the various High Courts, have again sparked a debate that has always been very strong. However, it is still a mystery what the term "judicial activism" really connotes. The State is under the primary duty, under the Indian Constitution, to ensure justice, liberty, equality, and fraternity in the land. The Indian judiciary has been seen to be the protector and defender of the Indian Constitution in this context. In view of its constitutional obligation, whenever necessary, the Indian judiciary has played an active role in protecting the fundamental rights of the citizen against the unfair, unreasonable, and unequal actions/inactions of the State. The complex phase of judicial outlook in a changing society is judicial activism. In a January 1947 Fortune magazine article titled "judicial activism" written by Arthur Schlesinger Jr. invented the phrase "The Supreme Court: 1947" Law making has taken on new dimensions in recent years through the judicial activism of the courts. A healthy pattern of reading law in the social context has been embraced by the judiciary. Judges often tend to exceed their authority to decide cases before the Court of Justice. According to the Constitution, they are expected to exercise judgment in reading the law. However, in reply to legal issues before the Court, judicial activists appear to be practicing their will to make law.2,345 views -
Impact of Covid 19 on Unorganized Sector in India
Student at Banasthali Vidyapith, IndiaPages 547 - 554A finest economy is one in which a condensed government controls the means of production and wealth. The economic growth plays a very crucial role in the enlargement of the country growth and development. But due to the Pandemic the market is disrupted to a great extent. Moreover governments make appropriate intercessions in reply to the corona virus, businesses are swiftly modifying to the changing desires of their customers, their people and suppliers, while negotiating the financial and proactive challenges. As India calipers for an extended lockdown to curb the transmission of the coronavirus, the economically weaker section of the society also calipers for its battle with poverty and crave. While few migrants have able to reach the safety of their homes, hunger, starvation, the heat and the cold, some are even now thrust in cities with no work or job and no home. Rest, who are fortunate enough to have a roof to live under, have been taken away of their jobs that give them their daily bread. India’s GDP growth is swiftly increasing yearly as in 2015 it was 7. 6% compared to China which was 7. 1%, making India a fastest growing economy . But due to this pandemic the country is suffering a lot and has decided to save the people first rather of economy. Economy will definitely reach to an accurate and pleasant stage but the precious lives of the people will never be compensated. Therefore the government is protecting lives2,044 views -
Intricacies of Statutory Interpretation Intertwined with the Role and Approaches of Judges
Student at Symbiosis Law School, Pune, IndiaPages 555 - 565Interpretation of Statues has a broad connotation and an enriching history deeply rooted in the common law tradition. The essence of the principles of interpretation, on one hand seeks to entrust discretion to the judges to widen meaning to the immediate textual problem by tailoring in the legislative primacy. However, on the other hand, the principles seemingly restrain the judiciary from encroaching on the legislative field despite the several legislative discrepancies. The central theme of the paper is “Interpretation of statues with critical analysis of the role and approaches of judges” entails the study of two popularized theories of Purposivism and Textualism with their contrasting features. The author further attempts to cover the four methods of interpretation by Benjamin Cardoza whilst incorporating a conscious and subconscious element. The author also aims to present the boundaries of Judiciary and legislative by proving their interdependence on one another.1,100 views -
Legislative Provisions in Various Statutes Providing for Protection of Animals
Student at Law College Dehradun, IndiaPages 566 - 590This research article gives an overview of various legislative measures provided by the Indian Legislation for the Prevention of Animals from Cruelty in India. There have been various legislations in the past few decades which provides for various statutes to control and supervise the use of animals in various fields and industries. This article discusses in detail, the provisions of the Prevention of Cruelty to Animals Act, 1960 and the rules made by the Government by the virtue of the power given under Section 38 of the Prevention of Cruelty to Animals Act, 1960.4,243 views -
A Critique of Human Rights Obligations of Transnational Corporations under International Law
LLM student at WBNUJS, Kolkata, IndiaPages 591 - 600The growth in influence and power of the transnational corporation in a globalised world has been considered as being one of the most significant developments both domestically and internationally. It has resulted in various changes to political, economic and financial barriers by many developing countries with the hope to attract international investment, which had provided an opportunity for transnational corporations to exploit the resources of these countries. While TNCs have contributed to economic advancement in developing countries, they are also alleged to have violated Human Rights of the people. The International Legal framework is designed to combat violations by the state actors. Even though there are various instruments of international law to regulate conduct of TNCs in respect of human rights, but these instruments are essentially non-binding and corporate responsibility under them remained weak and ineffective. This paper analyses various such instruments providing for human rights obligation of TNCs. The paper suggests imposing international obligations on corporations within the International Law of Human Right, making them a subject of international law for effective implementation of human rights obligation.1,081 views -
Emerging Trends in Compensation for Widespread Losses
Student at Symbiosis Law School, Hyderabad, IndiaPages 601 - 611Tort refers to a civil wrong or infringement of one's civil right. In tort law, the injury suffered by a person is known as damage and the compensation provided for the injury is known as damages. In our day-to-day life, we come across various widespread losses such as gas leaks, industrial blasts, collapsing of buildings, and many such. Under tort law, one has the right to claim compensation for the injuries suffered. This paper specifically talks about the types of compensation awarded under the law of tort and the recent trends in the compensation awarded for widespread losses.945 views -
The Inception of Trademark Protection and its Transition
Research Scholar at Inter University Centre for Intellectual Property Studies (IUCIPRS), Cochin University of Science And Technology (CUSAT), Kerala, IndiaPages 612 - 621This paper tries to examine the concept of trademark, its origin and development. The notion of trademark has very much changed from its inception. The main underlying principle behind the trademark law was to ensure the quality of goods thereby ensuring that the consumers are protected and guided in purchasing the most suitable goods for them. The purpose of using mark on products was to identify the source of product which protects the consumer from confusion. Thus protecting consumers from confusion and thereby ensuring the quality of the product has been the main rationale behind trademark protection. The concept of attaining good will associated with the trademark also changed with the transition of time. The good will which was obtained through age old use and recognition of the consumers are now so easily attained through promotions. Industrialization fuelled for such changes with new inventions and the world became so closer that goods started to cross borders. The businessmen or the brand owners then wanted to protect their mark across these borders. Hence, there was a shift in which trademarks were recognized as property. The emergence of the concept of well-known mark was in parallel to the development of recognizing property concept in trademarks.1,365 views -
Changes Required in Export Policies of India
Student at Law College Dehradun, Faculty of Uttaranchal University, IndiaPages 622 - 632Export Led Growth policies are derived from a presumption that the international market provides a bigger platform for a product or service than the domestic market and to regulate the former market, World Trade Organisation (WTO) agreements and rules came into force to usher in an era of free and liberal trade between member nations. However, in reality, in India, these policies have been trying to keep up with the world of growing protectionism where there has been a rise of ever-increasing tariffs in the last three decades on developing countries by developed countries which go against the concept of liberal trade. Although this is the ongoing trend, ultra-protectionism might not be the solution for India’s ailing economy as even developed countries like the United States of America had their Great Depression worsened after the ultra-protectionist Smooth Hawley Tariff Act was enacted, at a time when the States had a fairly agrarian economy like India. Therefore, in the end, India will have to formulate the export led growth policies in compliance with WTO agreements and rules provided that the demand side of the country is not overridden by its supply side as pointed out by Raghuram Rajan.1,134 views -
Autonomous Driving Sensor Technology LiDAR Data Processing System- Patent Document Analysis
PhD Fellow at Inter University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), India.Pages 633 - 646The Internet of Things (IoT) is the upcoming game changer of the coming decade. Each and every objects will go smart and autonomous with the development of IoT technologies. The adoption of IoT in almost every industries is happening in a fast pace with the help of smart sensors, highly sophisticated software/ algorithms with or without artificial intelligence (AI). Examining the various industries, automotive industry can be considered one of the early adopters of internet of things (IoT). Incorporating smart features to vehicles to making them fully autonomous has been the research motive of the automotive industry for years. Patent protection, being one of the strong factors in innovation cycle of technologies, is one main element to be considered. How far patent system affects innovation is a major question of the era, which can only be answered by analysing the patent applications of respective technologies and tracking their patent status. In this paper, we shall examine one of the main component of autonomous vehicle, the light detection and ranging (LiDAR) systems, which is crucial for autonomous vehicles in the environment understanding and decision making. Analysis of patent applications of LiDAR systems and their statuses can be helpful in the analysis of whether the development of that technology is enhanced with the patent protection or whether it leads to hindering of research and development in that area.1,438 views -
Criminal Victimization of Elderly Persons and Senior Citizens in India
LLM Student at Symbiosis Law School, Pune, India.Pages 647 - 656The commission of crime is multifarious process the culmination of a set of connected events and series of act. In India there is rapid rise of crime against the elderly persons and senior citizens. It has been observed that elderly persons and senior citizens are most common target of crime such as abuse, robbery, murder, extortion, cheating and sexual offences by their relatives, family members, neighbors as per the data of Help age India 2019 the main abusers were Son (52%) and Daughter-in-law (34%). According to NCRB data of 2019 the total crime registered against the Senior citizens 27,696 and the total rate is 26% throughout India. Meanwhile, we have legislation to curb the crime against the elderly but we need legislation and proper initiatives to restraint such crime against them. As the elderly persons are prone towards crime because of the age as well as their social status. The judiciary and legislature needs to play a proactive role regarding such crime. There are provision against criminal victimization of elderly but there shall be proper application and also community based approach such as awareness, policing amongst the people living within society.2,131 views -
Has the Limited Liability Partnership Model provided an Effective Alternative to the Complexity of Incorporation and the Personal Risks associated with Partnership Law
Student at Law College Dehradun, IndiaPages 657 - 665In this article I have attempted to discuss a perpetually existing issue of company law. This title of the research paper encapsulates its essence. The commencement of the Limited Liability Partnership Act in 2008 led to a new phase in the Indian corporate sector. As the Limited Liability Partnership (hereinafter ‘LLP’) model gained popularity, many compared it to the existing partnership mechanism. While there are some similarities in both, several differences on grounds such as risk and complexity have been examined. Apart from an elaborate explanation of the LLP model, the application of the model on various kinds of businesses has been highlighted. The pandemic situation’s effect on partnerships, and how LLPs will fare after these times has also been evaluated. Towards the end, the author have touched upon the current limitations of the model and the potential it can reach with certain modifications.2,320 views -
Case Analysis of Shree Ambica Medical Stores v. The Surat’s People Co-Operative Bank Ltd (2020)
Student at O.P Jindal Global University, IndiaPages 666 - 670There have been numerous cases in the courts which deal with the issue of insurance scheme and policies. In most of the cases the problem is with regards to the terms and conditions of the agreement, as the aggrieved party claims that the insurance companies defrauded them by not laying down the conditions in an explicit manner. Though it can be argued that the insurance companies are at fault, and they should be held liable to compensate, but again an important question arises that should the party opting for the insurance policy be discharged from all the liabilities? A similar type of case appeared before the supreme court of India in the year 2020 where the courts had to decide that whether the insurance companies were liable to pay as per the terms and conditions laid down in the agreement. This case analysis will deal with some important issues pertaining to compensation, liability etc. of the insurance company towards the insured.1,634 views -
The Age of Female Marriage: A Legal Conundrum
Research Scholar at NLUJAA, India.Pages 671 - 678The issue of the marriageable age of women has always been controversial in India. Recently, PM Modi's speech on increasing the marriageable age of women from 18 to 21 has opened up a debate across the country. Even after seven decades of independent India, where the Right to Equality and prohibition of discrimination is one of the fundamental rights enshrined in the Constitution, issues like gender discrimination, child sexual abuse, child marriage, female feoticide is rampant in India. As per the Global Gender Gap Index 2019-2020, India ranks at 112; in the marker of health and survival, it is ranked 150 out of the 153 countries. The question which arises after looking into such rankings is that what should be the pertinent issue which the government should look into rather than deciding at what age women should marry. The primary focus of this paper is to find out whether the decision to increase the marriageable age for reasons like bringing gender equality, reduction in the mortality rates, or progress in the nutritional value of women will be achieved in reality, or it is just a hollow initiative by the government. The authors also aim to highlight the prevalent child marriages in India, child pregnancies, and other relatable issues with a focus on the provisions of the Prohibition of Child Marriage Act, 2006" (PCMA) and Child Marriage Restraint Act, 1929.1,448 views -
Liberty for Intermediaries for Infringement of Copyright and Related Rights
Student at KIIT University, IndiaPages 679 - 695With the present computer network that surpasses all government barriers, it has gotten much harder to ensure the Internet Protocol and control its infringement of the internet, given the territory's IP assignment depiction. In addition, ISPs themselves are available to copyright encroachment arraignments when presenting, crushing and connecting with this this critical encroachment of port areas or supplies. Since then, the US requirement for insignificant copyright violations has been very difficult for Internet service providers. India has recently completed a legitimate plan with ISPs. While the Supreme Court recognised a ban against an ISP in the new administration in the UK, equity is held accountable for the control of a mediator that uses its provision to infringe on copyright under Section 97(A) of The 1988 Copyright and Patents Act. The papers convey the key points in Indian, United Kingdom, European Commission and United States internet service providers copyright infringement legislation and consider how the recent regulations and contrasts remain silent to promote the limits on business connections and safe Harbor principles, including IT laws and few jurisdictions.1,164 views -
Fast Track Courts in India: Past, Present and Future
Student at Army Institute of Law, Mohali, India.Pages 696 - 703India faces the crisis of slow judicial process and a large number pending cases. On the other hand, Article 21 of the Constitution, implicitly provides a constitutional guarantee to speedy trial. In order to realize this Constitutional Mandate, ‘Fast Track Courts’ (FTC’s) have been set up as a solution to the extensive delays which affect the functioning of ‘normal’ courts in India. These courts through their expedited procedure, can bring about a significant change in the Legal System. However, these courts have been largely established to appeal to popular sentiments, and their jurisdiction is mostly limited to ad hoc cases involving gender-based crimes, and as such they have their limitations and are by no means the only solution to impart ‘quick justice’. Thus, the need is to supplement these courts with systematic changes in substantive/procedural law and socio-economic scenario in the country.2,923 views -
Restitution of Conjugal Right: It’s Constitutionality with respect to Marital Privacy
Student at Central University of South Bihar, Gaya, IndiaPages 704 - 717Marriage can be considered as a legal union of a man and a woman and can be said as one of the sturdy pillars of the society. Marriage is the union of two different families, who coalesce as one. In India, marriage is existent in different forms in different religion, such as it is considered as a sacrament under the Hindus, but, on the other hand it is considered as a contract in Islam. For Christians it is considered as a holy union. It is beyond the bounds of possibility to attain an absolute and perfect marriage. Law gives several matrimonial remedies/reliefs to the married couple to escort them at peace and preserve the sacred institution of marriage. This paper shall focus on one such remedy/relief under Hindu law which is known as Restitution of Conjugal Rights enshrined under Section 9 of Hindu Marriage Act, 1955. The author shall plunge deep into the historical perspective of this remedy in order to uncover its origins and the foundation. In this paper, the author has also dealt about the decree for restitution of conjugal rights from an international perspective and also attempt to examine the same from the judicial as well as the societal point of view to conclude that whether the same is still relevant in today’s time or not. Subsequently this paper shall also elucidate upon the current situation and practice of this remedy in the Society and laborious upon its constitutional validity. The core discussion of the research is to behold whether or not restitution as a remedy, is ethical and whether or not this practice is constitutionally valid with respect to Marital Privacy and other fundamental right enshrined under Indian Constitution.1,256 views -
Combating Climate Change and Securing Environmental Justice in Indian Scenario: A Need Centric Approach
Assistant Professor at Sister Nivedita University, India.Pages 718 - 725Global Climatic change which is an anthropogenic contribution is a challenge to humanity and sustenance of this world. Human beings are the most intellect species of the Mother Nature, who are enjoying exploiting and causing destruction of it in order to sustain. All the species have Right to life in free and fair environment with dignity, irrespective of class, creed race and birth. Right to Environment is part of Right to life which is violated by Climate Change .The Global commons are really in a position of emergency due to Global warming and climate Emergency ,which is no more an Environmental issue only but connected to socio political, economic and legal ,scientific phenomenon. Every single action of Climate Change can cause Environmental injustice everywhere. The concept of Environmental justice is that no one will suffer harm while enjoying Right to life and Environment. Environmental justice is an ancillary issue of Human Rights jurisprudence. To, secure Human Right to life and environmental justice we need to protect our people and planet from the climatic changes. Injustice in the enjoyment of natural resources and environment due to climate change is an unprecedented and real phenomenon of today’s world. India as a Developing country is also facing Climate change and is the fourth largest emitter of Green house gases .India is an active member state in the UNO climate change framework convention, having plethora of green legislations to combat the climatic changes. India is now lacking a need centric approach towards forming a single specific legislation on climate change and technology transfer. In this Article by Doctrinal method the author try to discuss on climate change and its role in Environmental injustice in Indian scenario and way out to secure our Right to life as well as right to environment. Strong legal mechanism on Climate change is need of the hour is my hypothesis which will be pointed out clearly in the discussion.1,007 views -
Tussle between Religious Laws and Constitutional Laws
Student at Galgotias University, IndiaPages 726 - 732India is a secular democracy, ideally, there should not be any kind of face-to-face between religion and laws of the land. But in reality, courts are called upon to resolve such kinds of issues of religion and their decision creates a long-lasting effect in society. Although states are out of this conflict ideally by declaring themselves secular but in litigation and court these conflicts appear. Then the burden of shortcomings of the legislature to clearly differentiate the personal laws and central legislative laws moves on the shoulders of the judiciary. Most of the cases of civil nature including marriage, divorce, inheritance of property, etc have to deal with this issue. In this article, we take a complete holistic view of these personal laws history to present the scenario and briefly comment on the decisions of the court in these cases. In the end, the possible solution is discussed in form of the Uniform Civil Code.1,068 views -
Intervention of Russian Private Military Forces in the Conflicts of 21st Century
Student at School of Law, KIIT (Deemed to be University), IndiaPages 733 - 739As long as there are Sovereign Nations Possessing great power, War is Inevitable. -By Albert Einstein. War has been a gravitating concern since time immemorial. States are more fascinated to privatize the essentials, and War is one among them. Among the Sovereign States, Russia has never failed to remain in limelight. Russia extends its Private Military Contractors (PMCs) in disputes in the post-Soviet space as well as in the Middle East and North Africa places where it has political and economic interests. Hence, Russia’s Military influence has been spread worldwide. So, without much delving into the history of privatization of war in the State, the Authors wish to play up with the exercise as to how the above State runs the business of War followed by the laws or the rules it adheres to, its Private Military Contractors in state policy and its participation in war. Thousands of Russian private Military contractors are fighting overseas and getting assassinated but anyone could hardly find their name in defence ministry of Russia or in any official record. It is totally undisclosed. The growing intervention of Russian Private Military Force (RPMF) is increasing threat to international humanitarian law. Hence in this part the authors will discuss some notable intervention by RMPF in some deadliest conflict of 21st century. In there the authors will further elucidate the role of RPMF in Syrian Civil war, Ukraine conflict, intervention in Africa and in most contemporary conflict of Nagorno-Karabakh and the consequences. In the second part, the authors will try to throw a light on the legal status of those private mercenaries with respect to international law and Russian Municipal Law. Lastly the authors will finish the article with the discussion of challenges associated to private mercenaries and authors’ perspective towards this.1,091 views -
Conundrum in Composure: The CBSE Class 12th Board Policy 2021 – Assessing Legal Ramifications and Futuristic Considerations
Student at NALSAR University of Law, Hyderabad, IndiaPages 740 - 757The period of testament that was awaited with all anxiety , dawned upon the students of Class 12th lately, with aggrieved precincts forcing students to bang doors of judiciary, in absence of policy, leading to the civil writ petition filed in the Supreme Court by Advocate Mamata Sharma, seeking cancellation of the CBSE and ICSE board exams for this academic session as well. A simultaneous plea, praying for cancellation of state board exams including HSC and NIOS physical exams was filed by Anubha Shrivastava with seven others, in light of the countrywide impact of the dreadfulness carved by the second wave of the COVID-19 across various parts of India. The first hearing, in which Attorney General K.K. Venugopal kept before the Honourable Supreme Court, the foresight of the central board, to evolve an objective criterion of assessment within two weeks from the date of first hearing which was granted. Resultantly, the policy was presented on 17th June 2021 before the two-judge bench led by Justice AM Khanwilkar and Justice Dinesh Maheshwari, thereby, waving a green flag to the policy, that reflected on the CBSE website recently1,791 views -
Human Rights Law of U.K, U.S.A, Canada and India: A Comparative Study
LLM Student at Chanakya National Law University, Patna, IndiaPages 758 - 776The concept of Human Rights Law is rapidly expanding in most of the countries who are signatory to the United Nations Organsiation. The journey started since the Magna Carta in England in 1215. Then through some successive struggles of the people in the countries like England, France, America the concept of the human rights came into being. After the failure of the League of Nations the need of far stronger institute was felt. And then the journey of the United Nations started. The first document of the Un was the United Nations Declarations of Human Rights. And since then, on one after one treaty, conventions, covenants were accepted, adopted by the United Nations and most of the countries who are the party to the conventions ratified it in the constitutions of their own countries. Very soon UDHR was followed by the the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights. These international Bill of Rights were adopted and ratified by the most of the countries to strengthen the Human Rights in those concerned countries. Several other treaties and conventions regarding may aspects of human rights were adopted to protect, promote and propagate the noble concept of human rights in the world. This paper focuses on the different kinds of Human Rights laws adopted in the countries United Kingdom, United States of America, Canada and India. The comparative discussion of the Human Rights law in these countries have been discussed for the proper understanding of the people.2,582 views -
Unilateral Arbitration Clause in India
Student at ILS Law College, Pune, IndiaPages 777 - 781Arbitration clause is the essence of any arbitration agreement, as it provides for the arrangement and the process for conducting arbitration, sometimes arbitration clauses might confer more power to one of the parties to the agreement, in terms of appointment of arbitrator, initiating arbitration, choosing the seat or the venue for the arbitration, etc. Thus, it is important to decide, whether such clauses are valid or not. Ergo, this article aims at providing a clarity regarding the validity of such “Unilateral Arbitration Clauses” in the Indian legal system. The author will additionally be analysing the judgements of various High Courts and shall be discussing its relevance in the status quo.1,029 views -
Women Empowerment in India: A Case Study among Salaried Employees
Student in Amity University, Noida, IndiaPages 782 - 795Empowerment of women is a major social process which requires multi-dimensional influence. Gender equality is enshrined in order to provide equality for women in every field of life. The challenge is to provide a proper balance between both the genders and empower them with their rights. Greater access to education, opportunities, health and skill building for decision making should be made available to women in order to help them in copping up with the current biased approach. Not only government intervention but also the determination of women towards self-reliance is necessary for the change. The absence of women from workforce is a wider issue the country is facing when it comes to employment and job growth. Men are not the only reason why women not join workforce, there are many more reasons for the same.1,720 views -
Homosexuality in Relation with Religion and Religiousness
Student at Law College Dehradun, Uttaranchal University, IndiaPages 796 - 804This study examines how different characteristics of religion are connected to homosexuality rejection in different nations throughout the world, as well as how these correlations may be explained by specific mediators such as authoritarianism and conventional gender views. Socialization and integration theories are among the theories included in the theoretical framework. The controversy over homosexuality rages on across the world, with a wide range of public opinion on the acceptability of homosexuality, laws governing same-sex relationships, and punishments for gay sex practises. Religion is frequently cited as a significant determinant of gay attitudes. The widely publicised result that religious people are more biased against homosexuals than non-religious people is perplexing, given that most major faiths preach equality and tolerance for all people. Furthermore, bias was not predicated on a person's religious beliefs. The findings are explored in relation to religious orientation and the necessity for cross-cultural study to understand this paradox. With religious groups throughout the world continuing inquiry and reflection on homosexuality, the social sciences have uncovered what they have learned about the causes of homosexuality and the lives of homosexuals and lesbians worldwide. A short summary of how people see each other, and how homosexuals, lesbian and bisexual people form relationships and families, begins with a brief history of the idea of homosexuality, before describing the number of gays, lesbians and bisexual persons in the globe. Later on, discussing about the families, relationships and children of homosexual people the way they make their families, nurture their relationships with their respective partners and bring up their offspring in a world which is consisted mostly of homophobic people. Then we go forward with the study of Homosexuals and Religion that how these two are inter-related. Further, we discuss about the various Religions with a critical Point of view, keeping more emphasis upon the Hinduism religion. Later on, we discuss about the Present-Day scenario of Homosexuals in India and lastly, we conclude the Article with a Conclusion.1,216 views -
Anti-Trust and Privacy: Is It Feasible For Two Laws To Intersect?
Assistant Professor at B.M.S College of Law, India.Pages 805 - 812Data privacy, like efficiency, is portrayed in antitrust theory as a factor that increases with competition. The distinctions between antitrust and privacy aims, and enforcement are getting increasingly blurred. The more complicated truth is that, during the previous twenty-five years, data privacy has likewise evolved into its own area of legal theory. In this role, data privacy legislation may collide with antitrust law on the edges, just way intellectual property or consumer protection law did before it. This possibility for antitrust and data privacy to pursue competing goals is especially visible in the digital economy. Consumer data is certainly important in digital competitiveness from an antitrust standpoint. This Article emphasise a novel method to analysing claims involving competing data privacy and competitiveness concerns, emphasising the accommodation of both areas of law.1,110 views -
Transgender Persons (Protection of Rights) Act, 2019
Student at Symbiosis Law School Pune, IndiaPages 813 - 818In today’s society we hear a lot about right and communicate in the language of rights loud often. People belonging to some special communities are often denied to their entitlements in name of religion, race, sex, caste, etc. they have to settle according to needs of the society and engage in the struggle. There are many occasions in the past history where the transgender community has been let down in front of the whole society. Transgender community is an essential part of our society and they are part of our community and citizens of India. They have equal rights as do we have. Regardless of all the constitutional measures they are often denied their basic fundamental rights like right to equality, right to dignity , freedom of expression etc. Even though the law has been passed by the country to protect the community.1,122 views -
Artificial Intelligence Legal Issues and Judiciary Views
Student at Law College Dehradun, Uttaranchal University, India.Pages 819 - 825In this digital era, technology is evolving rapidly, and artificial intelligence play a major role in every human being life. The legal issue of ascertaining Data Privacy, Cyber Attack, Legal Liability and Biasness in every sector. The Major concern is that international and national law never consider artificial intelligence as a subject of law. Using artificial intelligence who will be liable for its damage and wrong. The issue of Data Privacy, Cyber Attack, Legal Liability and Biasness is a major issue. proper legislation, regulation is required for artificial intelligence in India.2,119 views -
Role of Judges in the Art of Interpretation of Statutes
Student at Symbiosis Law School Pune, IndiaPages 826 - 839Statutory interpretation is a practice through which the courts break down the words of a legislation and give true intent to it. While the legislature makes the laws, the judiciary performs the art of interpretation to give meaning to the words of the law maker. However, the intent of the legislator is often not the same as that of the judiciary which sometimes leads to a conflict and raises questions as to the extent to which the judiciary can exercise their freedom of interpretation. Sir Benjamin Cardozo had early on recognized the conflict which he discussed in his lectures at Yale University. Of the lectures delivered, two came to be published as books known as ‘The Nature of the Judicial Process’ and ‘The Growth of the Law’. In these, he talks about how sometimes, it becomes a role of the judge to fill gaps in the legislation in order to apply them in different situations. This ‘filling of gaps’, inevitably, leads to the creation of new laws through interpretation though this was done ‘interstitially’. This proves the importance of interpretation of statutes by the judiciary as they unearth the real meaning and apply it by sometimes filling the gaps. Through this paper, the authors seek to identify the principles defined by Cardozo and interpret the role played by the judges through various approaches of interpretation with the help of relevant case laws and examples in the Indian as well as international context.5,577 views -
The Saga of Fish workers in Kerala: Critical Environmental Law Perspective
Academic Tutor and TRIP Fellow, JGLS, IndiaPages 840 - 850The Kerala waters are home to a significant number of fishermen with fishing as their mainstay and above that an ‘emotion’. These depths shelter more than 21,000 species of fishes. While post-independence era subjected them to constant threat of modernization by the Government of India, the Liberalization, Globalization, Privatization (LPG) regime worsened their problems. Not only threats from the domestic factors but also from the international commercial competition in fisheries segment enhanced their conflicts. Their roman-fleuve began with the 1953 INP (Indo-Norwegian project) that was introduced to improvise the infrastructure for higher efficient fishing as a global commercial activity. While this was just a trailer in their story, the real show began post 1960s. With a surge in demand of prawns and other global market orientations, the pressure came on the traditional practices followed in the fishing segment. The fishermen still continue to bring about their interest as are suppressed by the entrepreneurial model of development in the privatized institutional framework. Like most other stories of struggle the impact is not singular. The saga of these fishermen narrated in this research piece aims to highlight environmental impacts as a direct consequence of the policies and laws enacted by those in power. Also, the researcher goes on to understand the standpoint epistemology of the Apex Court of the country in anticipating and understanding the particular trigger event in light of the environmental aspects, not just physical environment (Impact on Ecosystem, Biodiversity, Chemical cycles) but also socio-political environment. The mechanization of the traditional fishing practices is negatively impacting the ecological system. Also, when the researcher digs to bring forth the environmental crisis of the fishing world, she also tries to highlight the facets of impact on the coastal regulations and the interaction of socio-political environment on the physical environment. The lens of critical environmental law is used to indicate the void between the legislative and judicial response and the social expectations.1,071 views -
Gender Justice and Indian Labour
Student at Law College Dehradun, Uttaranchal University, India.Pages 851 - 868This Article study lying on the gender justice and Indian Labour that hardly exists in any region, social class in the Indian Society which thwart the recuperating the lives of Indian people. The authenticity of gender Justice in India is extremely multifaceted and diversified, because it slightly exists in any dimension of the society like education, employment opportunities, income, health, cultural issues, social issues, economic issues etc. An attempt has been made to find out those factors which are responsible for this problem in India and also the legal framework which formulate to undertake this severe issue. As we know that not only the women are struggling for their equality but also the transgender are equally or better to say put more efforts to get their due rights in the Indian society. So, this paper highlights the multi-dimensional context of gender equalities and inequalities prevalent in India. Overall, the study indicates the need of gender equality in economic, social, cultural legal and political field which are of a great challenge for policy-makers and social scientists to establish the rights which are guaranteed by the Indian Constitution. The researcher has tried to propose some pertinent strategies and policies implication for improve this gender equality and to market the dignified position for Indian people that become the subject of gender biasness.1,344 views -
Honour Killing
Student at Banasthali Vidyapith, IndiaPages 869 - 876In this modern Era where women are objectified and their every act is monitored, any minute act of them puts a question mark on the upbringing, or the family background. Women are considered to be pure if they maintain their virginity or sexual purity and this factor of them carries honor of the family. Honor killing refers to the killing of the couple or the girl who marry within the same sub-caste or against the will of the family. As a consequence of promotion of the pride in this modern era, various crime incidents of honor killing were noticed. This resulted in the framing of various laws and regulations implemented by the government, as to where they should be implemented, how and why? It also raises a big question mark on some of the provisions of the Hindu Marriage Act. Certain provisions backed with criminal statue with certain objectives to be fulfilled or achieved are framed to help in the dilution of such acts. A society patriarchal in nature, where the human just wants provisions have been framed to provide safeguards against the crime.1,134 views -
Islamisation in Pakistan: An Attempt to Establish a New Identity and Its Consequences
Student at Symbiosis Law School, Noida, IndiaPages 877 - 887This research paper takes into account the creation of Pakistan and its quest to establish a national identity separate from that of India. It revolves around the India threat factor in Pakistan’s perception. It seeks to trace the relationship of India and Pakistan since 1947. It attempts to understand and acknowledge the reason behind why Pakistan no longer desires to share its culture with India and wishes to establish a new identity through the process of Islamization. Besides studying what Islamization is and its impact it also studies how has this affected the Pakistani society as a whole. From the hostile environment between the two nations, it can be summed up as: Pakistan’s fear of Indian hegemony in the region, Pakistan being called a ‘failed nation’ by the rest of the world and its support to the militant groups in the name of Islam has provoked it to chose the path of Islamization which has led to adverse effects on their society as well as the rest of the world and has also led to the spread of Jihad.1,192 views -
Electronic Evidence- An Enticing Trail
Student at Law College Dehradun, Uttaranchal University, IndiaPages 888 - 895As a result of technology growth and development, daily life has changed enormously. Technology that increasingly relies on electronic communications, business, and information storage in digital form can be used to communicate easily. Such technological upsurge and development have a major system on legal rules, particularly in the field of evidence. This modern technology has produced and developed evidence in the courts. It resulted in the necessity of transforming the information technology law and electronic evidence admissibility rules in both civil and criminal matters. This paper seeks to revise the laws of digital evidence and its admissibility and relevance while appreciating different issues relating to jurisprudence. In addition, with amendments to electronic evidence, the principles of the evidence act were explained. In relation to the admissibility of electronic evidence, several decisions of the Indian Supreme Court have been cited. Finally, safeguards and procedures for processing electronic procedure which should be adopted by the Indian judiciary.1,177 views -
A Critical Analysis of Environmental Impact Assessment (EIA) Draft Notification, 2020
Student at N.B Thakur Law College, Nashik, IndiaPages 896 - 902This Article discusses the recently proposed Environmental Impact Assessment (EIA) Draft Notification issued by Government of India. It throws light on the concept of EIA and its necessity in modern civilizations which is largely dominated by industries and technology. This article also highlights leading Indian judicial precedents which have been enforcing international norm of sustainable development, emphasizing EIA and importance of public involvement in approval of developmental projects. In the past we have observed conflicts between interested environmental stakeholders and project proponents, however more disengagement from the local men and reality may have severe disastrous effects to a nation. The article analyses and critiques the changes that are proposed through this draft. Factors like public consultation, self- reporting, post facto clearances, prior environmental clearances are focused in this article and the repercussions of these vital changes are reviewed. Even though the current Environment Impact Assessment Notification (2006) has been instrumental in implementing goals of sustainable development, there is not only scope, but also a dire necessity also to rethink, reassess the rules regarding Environment Impact Assessment. The time demands stricter implementations of sanctions so that the environment is preserved. Patch up policies, post facto clearances and regularizing fait accompli situations are becoming loopholes for project proponents to get away from fines/penalties of environmental damage. The proposed Rules, if in force, would prove to be an anti-thesis to sustainable development and, by extension, our international obligations and therefore they need to be actively deliberated.2,960 views -
Divorce under Muslim Law
Student at Law College Dehradun, Uttaranchal University, IndiaPages 903 - 915We will discuss the forms of divorce (talaq) under muslim law. In the muslim law there are various forms of talaq under shia law or judicial divorce at suit of wife. Some time wife has right to divorce her husband or husband has right to divorce his wife. In the muslim law divorce is a kind of uninhibited thing and under the muslim law divorce is the category of permissible thing or divorce should also considered under the most despicable of the permissible thing. Divorce by talaq means that when the husband is sound mind and he attain the age of puberty then he divorce his wife without any reason. Supreme court announced the judgment on the triple talaq and court says that triple talaq is a illegal practice in india and now it is a illegal practice and muslim marriage should dissolve under triple talaq than marriage can not be dissolved. If the marriage should dissolve under the triple talaq than husband should be punished by the court and the punishment is upto 3 years of imprisonment. This is a innovative step taken by the Indian court of justice and legislative assemble. Talaknama means that talaq should be effected in the way of orally or by a written documents this is called talak by oral or in writing (talaknama). Talak ahsan or talaq hasan also the forms of talaq under the muslim law. Talaq in the case of ahsan mode talaq become irrevocable.2,115 views -
Uniform Civil Code or Secularism
Student at Christ University (School of law), IndiaPages 916 - 927In the recent developments related to the need of reforms in the personal laws and the directive of constitution to secure its through Uniform Civil Code (UCC). Abolishment of Triple Talaq have given Muslim Women a sense of security in the marriage which they never had before. UCC is basically an attempt to cut away any prejudices and discrimination against vulnerable groups in the society. In the recent times we have also seen the role played by the judiciary in abolishing law that are discriminative in nature and provides ground for injustice. Although there has been no solid step taken in this regard as of now. There have been unresolved debates related to freedom of religion and how with the UCC the freedom of religion is threatened. However Supreme Court in its recent observations have made it pretty clear that Uniform Civil do not violate ‘Right to Religion’1,377 views -
The Law of Public Administration and Discretionary Powers: A Critically Appraisal to the Judicial Review
Associate Professor of Law at Galgotias University, Greater Noida, IndiaPages 928 - 937In the recent developments related to the need of reforms in the personal laws and the directive of constitution to secure its through Uniform Civil Code (UCC). Abolishment of Triple Talaq have given Muslim Women a sense of security in the marriage which they never had before. UCC is basically an attempt to cut away any prejudices and discrimination against vulnerable groups in the society. In the recent times we have also seen the role played by the judiciary in abolishing law that are discriminative in nature and provides ground for injustice. Although there has been no solid step taken in this regard as of now. There have been unresolved debates related to freedom of religion and how with the UCC the freedom of religion is threatened. However Supreme Court in its recent observations have made it pretty clear that Uniform Civil do not violate ‘Right to Religion’1,365 views -
Critical Analysis of the Indian Laws Relating To Recent Pandemics
Assistant Professor at HIMCAPES College of Law, Una, HP, IndiaPages 938 - 949Today, we live in a world surrounded by epidemic popularly known as Covid-19 or Coronavirus. This virus easily spreads mainly because of close contact with other person. To avoid the transmission of this virus or to break the chain of Covid-19, government of our country along with other countries of the world imposed lockdown. Therefore, it is extremely important to understand the legislative intent behind the proposed lockdown. In India, the government, Centre or State, derives its powers to issue certain orders and instructions from the two key laws. They are: The Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005. Apart from these two legislations, there are various other legislations under which government has powers to issue stricter orders. This paper focuses on all the legislations under which our government is empowered to issue guidelines and instructions to control the present situation. But the question arises that all these legislations are age old and are these sufficient to control the pandemic in this current situation where population is much bigger and we have other issues to deal with. This paper critically analyzes the present laws that deal with the recent pandemics and also mentioned certain suggestions and recommendations to control this widespread pandemic.1,044 views -
Drug Addiction and Its Impact on Indian Society and the Laws Related to Drug Usage
Student at Gujarat National Law University, Gandhinagar, IndiaPages 950 - 966Addiction of drugs has become a global issue and the leading cause of death. India has seen a rise in drug addiction in recent years. Drug addiction is being initiated as a result of changing societal norms, rising economic stress, and weakened family support. In recent years, India is seeing a rise in suicides cases due to extravagant usage of drugs. Adolescent drug addiction is also a big problem, since more than half of people with drug use problems start using drugs before the age of 15. Even if the drug addiction has been there for a long time, it can be cured. However, the government must take certain measures to reduce drug use in the future, such as public awareness programmes, family counselling and by stringent sanction. In order to control addictions in drugs, and prohibit their possession, dispersion, sale, import and trade in India, the Narcotic Drugs and Psychotropic Substances Act was passed. Psychotropic agents can affect the consciousness of an individual while drugs alleviate anxiety. Violations of this law may lead to the imprisonment or fines or both depending on the seriousness of the offence determined by its gravity. The penalty may be reduced if the drugs are used for personal use. In addition, since its introduction the legislation has been revised several times. The current paper highlights the causes of drug abuse, its impact on family, suicides due to drug usage, impact of drug usage on children, drug usage and its effect on mental health, connection between drug usage and crime and describes the treatment and prevention of drug abuse and addiction for proper management of the problem and the laws related to the Drug usage in India.4,319 views -
Sexual Harassment at Work Place & the Credo of Law Implementation
Student at Himachal Pradesh National Law University, Shimla, IndiaPages 967 - 978With the restructuring of the Indian economy over the last three decades, there has been a significant advancement in women's education in today's era, yet women still have a lower employment rate than men. Despite the fact that some theories claim that women gain more skills than males, women nonetheless have a lower employment rate. There are a variety of causes for women's lower employment rates, the most common of which being workplace sexual harassment. In today's world, sexual harassment of women is a hot topic and a source of concern. Sexual harassment is a violation of women's essential fundamental rights, including their right to equality under Articles 14 and 15 of the Indian Constitution, and their right to life and dignity under Article 21. This research paper examines concerns of sexual harassment against women in India, as well as Indian laws enacted to protect women's rights. This study aims to identify the factors that contribute to a rise in sexual harassment incidents on their own. The male-dominated organisational structure is one of the most prominent factors. From the 1970s to the present, sexual harassment has been on the rise, with 29.20 percent of cases reported in 2015, violating women's basic rights at work. The information for this study came from both primary and secondary sources, and it was analysed utilising a specific research approach and instrument. Finally, the current study suggests that the time has come to take a closer look at the problem and devise preventive measures to properly assess the situation.1,004 views -
Cyber Terrorism: A Tool of Mass Destruction
Assistant Professor at Siddhartha Law College, IndiaPages 979 - 988Cyber terrorism essentially denotes the use of technology in achieving terror agendas. This is one of the most common paths taken for indulging into cyber terrorist activities. The cyber terrorism is a way which not only results in virtual data loss; rather it also creates a strong physical impact. The framing procedure of Indian laws on cyber terrorism has been quite latent. Through this research the researcher will highlight the physical impact which is created by cyber terrorism and how it can be used as a tool for mass destruction. Besides this, the researcher will also discuss the legal framework pertaining to cyber terrorism in India. One thing which is seen in this research is that despite of several direct indications regarding the ill-effects of cyber terrorism, the cyber security system in India is significantly poor.1,710 views -
World War, Need for UN & Peace Treaties
Student at Indraprastha University, India.Pages 989 - 998The present paper deals with the concept of world wars and the international laws prevalent within the country.Public international law, as traditionally defined, is the law governing relations between nation states.Foreign law is simply the national law (also known as domestic or municipal law) of another country. Private international law is a confusing term in that it refers to the national law(s) governing the cross-border interactions of private (non-state) parties, rather than international law. The question that often arises in such instances is “which country’s law applies?”. Private international law is, therefore, sometimes referred to as conflicts of laws, although the parties can select the law which governs their transaction by contract. A number of private international law topics are covered by treaty (i.e. family law, estates and trusts, litigation). Since treaties are characteristic of the public international law system, the idea that a treaty would apply to a private international law issue can be confusing as well. Often the aim of such treaties is to harmonize national laws. The sources of public international law are enumerated under Article 38 of the Statute of the International Court of Justice, which is appended to the Charter of the United Nations. Those sources are, as follows: treaties, custom, general principles and case law and scholarly commentary as a subsidiary means for determining the rules of law. Treaties, custom and general principles are primary sources of law in the public international legal system.1,036 views -
Public Sector Undertakings and Multiple Appointments of Arbitrators: Mapping the Duty of Disclosure
Student at O.P Jindal Global University, IndiaPages 999 - 1005This paper assesses the practice of Public Sector Undertakings appointing the same arbitrator in multiple arbitrations. While notable safeguards have been placed in PSU-party arbitrations, even with the onset of the 2015 Amendment and the consequent case laws there are still certain grey areas in the de facto administration of PSU-party arbitration. Even though Courts recognize the ‘apprehension of bias’ principle, it is not harnessed in instances such as this. This is seen as the Indian Supreme Court tackled the question of multiple appointments in HRD Corporation v. Gail, however, while the court focused on a ‘commonsensical approach’ in interpreting the clauses of the Fifth Schedule of the Arbitration Act, 1996 to eliminate the existence of circumstances leading to justifiable grounds, the reasoning did not reflect the arbitrator’s duty to disclose the circumstances that propelled an apprehension of bias. In context of the recent UK Supreme Court judgement of Halliburton v. Chubb, it is argued that the provisions of Section 12 of the Act and the Schedules should not be interpreted technically and the apprehension of bias that affects the overall credibility of the arbitration procedure should be the guiding principle in disclosure requirements. In situations where one party has a higher degree of bargaining power there must be consciousness to preserve the purpose of credibility and overall fairness.1,021 views -
Population Control: Lessons from the Past
Law Graduate from Christ University, IndiaPages 1006 - 1010When PM Modi hinted at family planning during his republic day speech earlier this year it drew attention to a long standing problem of population explosion.Although growing population is a global concern, Asian countries pose a mighty challenge with their high population density, slow growing economies and immense pressure on natural resources. India and China together account for more than a fourth (36%) of the world's population. Both countries adopted a family planning program that initially started off as a voluntary effort but soon turned into an involuntary and often forced procedure. Policing its citizens' bodies to cap population growth is not only a grave human rights violation but fails as a policy. These super power nations adopted similar strategies that have spawned various social dilemmas in their respective countries. In India where the state imposed sterilization was only possible after the declaration of Emergency in 1975, its repercussions ensure that a coercive population control policy is still unimaginable. Ironically the policy of policing its women's wombs that acted as a catalyst in China’s economic rise is the same policy that now threatens its economic success. This article will walk through the history of family planning in India and China and conclude with lessons one can learn from these social experiments.1,356 views -
Do all the People have Right of Marriage?
Student at Rajasthan School of Law for Women, Jaipur, IndiaPages 1011 - 1015In a democratic country like India all the peoples have right to equality. But in reality the circumstances is different from the bookish rights. The constitution of country provides the right of equality to all the citizens in all the matters, this right also includes the right to marry with anyone you want. But the society, our judicial system and the government of the country do not understand the literal meaning of the equality in all the forms. The right to equality also includes the right to marry anyone it is not essential that one should marry with the person of opposite sex, two persons belong to same sex can also marry with each other. But the concerning matter is that what is the social status of such type of marriages. Whether the society or the law exists in the country consider it as the legal marriage or not? And why society makes such a discrimination against the same sex marriages? In this article we will discuss all of these questions. We will also discuss that what are the social and professional problems face by the couple of same sex. Whenever the right of any person is being violated then in such case he can approach to judiciary, he have a hope that judiciary will listen his/her problem. But in case of same sex marriages the judiciary also gave very narrow judgment which is not sufficient for the protection of the rights of these couples. We all need to understand that changes in law are necessary with the change of time otherwise it leads the violation of fundamental rights of people like in case of same sex marriages.973 views -
Right to Education: A Fundamental Right
Student at Kirit P. Mehta School of Law, NMIMS, IndiaPages 1016 - 1036Nobel Laureate Amartya Sen appropriately quoted that, “Education is the backbone of India”. Well realizing this fact long before, the constitutional framers inserted Article 45, 41, etc. in the Directive Principles of State Policy to ensure that the educational needs are well catered to by the State. In 2002, vide the 86th Constitutional Amendment, Article 21 A was included which guarantees free and compulsory education to children from six to fourteen years of age. A corresponding duty was levied upon the parents/guardians under Article 51 A (k). To give effect to the same, the Right of Children to Free and Compulsory Education Act was promulgated in 2009 with a view to enhance the overall quality of education in the country. However, despite the massive statutory framework, the idea of “free and compulsory education” remains to be a distant dream for the nation. The research paper would thus focus on the varied legislative and judicial initiatives undertaken to achieve the 4A’s of the right to education namely, availability, accessibility, acceptability and adaptability. It will highlight the pertinent lacunas in the aforementioned regime. Lastly, suggestions shall be made to improve the current state of affairs.1,256 views -
Abuse of Dominance by the E-Commerce Sector: An Overview
Student at KIIT Law School, IndiaPages 1037 - 1049This article, deals with the fact how the E-commerce sector has entrenched itself in the well established physical market and has made itself a dominant portal of marketing in this era. Today everyone has at least purchased any product once from this sector. Every person has been continuously participating through this platform of marketing from their stand. This paper seeks to study the ally between the Competition Law and the E-Commerce sector keeping in view the expanded acceptance of the idea of virtual shopping. It is perceptible enough that E-Commerce has been continuously encouraging profuse sets of anti competitive issue and accordingly calling for heed of the Competition Commission of India. Thus, this makes compulsorily to analyse this working strategy of this E-Commerce sector with respect of the provisions of the Indian Competition Act, 2002. In this facet, the authors have tried to clarify and explain the concept of dominance and its abuse along with bewildering the enormous practices resulting to the abuse by the E-Commerce Sector.1,788 views -
Vaccine Patent Waiver: A Step towards a Covid Free Equal World
Vice Chancellor at Shri Vishwakarma Skill University, IndiaPages 1050 - 1054This paper outlines and compares the various issues that are associated with vaccine patent waivers. It focuses on how to increase equitable access to COVID-19 vaccines. It specifically considers the view of different sections like impact on tourism, equity, supply chain management, equal access, and Indian philosophy. We argue that while various sectors have got adverse impacts due to a shortage of vaccines and in some cases, people got fully vaccinated due to hoarding related to the vaccine. The report proposes current and proposed mechanisms which can be highly complementary if used together to make equal access possible for all. There are certain challenges in terms of IPR and legal processes which should be addressed. The flexibility under laws can be used for the betterment of people by following proper procedures. The companies should be empowered to maximize the production and make the vaccination so that everyone gets access to it.1,231 views -
Analysis of the National Manufacturing Policy
Student at Institute of Law, Nirma University, IndiaPages 1056 - 1070The GDP and Standard of living in a country depends on its Manufacturing process. When the products are manufactured in a country its value is effective for its population and help to increase their standard of living by increasing their Disposable Income i.e. Income in hand to spend for personal purpose. The National Manufacturing Policy made by Government aims to make India a manufacturing hub and it will benefit the consumer, Domestic market and Trade, increase country’s income as they have to import less and will meet up with the requirement of Global multinational manufacturing companies .This research paper tries to analyze the National Manufacturing Policy and tries to connect the topic with SDG 9 i.e. Industry, Infrastructure and Innovation. Through this research paper, the readers will understand what the policy is all about, The strategies undertaken to complete it, how much it is developed till now, the success rate and the further enhancement required to make it fruitful.1,187 views -
Arbitration: First Step towards Solving the Indian Judicial System’s Greatest Problem
Student at D.E.S's Shri. Navalmal Firodia Law College, IndiaPages 1071 - 1080“Justice delayed is justice denied” a famous legal maxim that has become the infamous condition of the Indian courts. Indian courts are now one of the most overburdened courts in the world. In the ‘Question Hour’ of the 2020 Winter Session of Lok Sabha (House of People), the Minister of Law was asked for the total number of cases pending before the Supreme Court, High courts, District and all subordinate courts. It is shocking to note that all the aforementioned courts are currently overburdened by a total of 40 million cases. Some of these cases are pending before the courts since the Independence. Numerous attempts have been made by the government to better this situation to no avail. This unfortunate condition of the Indian courts has instilled feelings of helplessness and loss of faith in the judicial system of the country. Among the many ways that may help encounter the problem, Arbitration stands out to be the best way for taking the first step in the right direction. This paper aims to analyse the situation and provide an effective plan of employing Arbitration methods to commence ‘Mission Unburden’.1,256 views -
Exercise and Exploitation of Administrative Discretion
Student at Symbiosis Law School, Hyderabad, IndiaPages 1092 - 1099The current legal strata of India have enabled the legislation and the government to exercise enough discretion that could very well result in misdeeds by persons who are empowered to hold a government office. At the same time, if there is absence of such delegation of power, it will not be feasible, for a country like India, to operate and conduct even minimal administrative tasks. So, where is the line drawn upon when it comes to dispersion of power in the administrative field of government work? Before that, it is significant that one understands the meaning of discretion of powers and how and so the government and similar regulatory bodies require such power to conclude operations that are important for a smooth functioning of the country and its government. The administrative discretion of power is a socially and legally accepted tool that implies that such distribution of power must be complied by the provisions of the constitution of India. Therefore, there should exist constitutional reasons and standings that support the discretion of powers. But, simultaneously, there is a need to establish a mechanism that can govern such discretion of governmental and administrative authorities since, even though such powers are created for the betterment of the country, its government and most importantly, its citizen, but such tools are given in the hand of Mankind. Therefore, a utopian state of applicability can never be achieved. This implies that the constitution must hold safeguards for the people who are affected by the actions of the administrative bodies. The present research paper analyses the discretion in administrative powers and also gives a special reference to the same in the case of Deepak Babaria Vs the State of Gujarat.1,235 views -
Law Relating to Protection of Water Bodies in India: A Critical Analysis
Student at Law College Dehradun, IndiaPages 1100 - 1110The combination of water is seen as a necessary factor for the mode of visualizing events. This assessment determines whether water has improved in eight Indian states since the unveiling of the United Nations Sustainable Development Goals (SDGs). We use the Institutional Amplification and Analysis (IDA) structure created by Slath and Dinar. Using data from two rounds and a study of 1,152 respondents, we get points of 1 17 markers of water law, access and assistance. We know that there is a connection between the first and result review of traditional issues related to water law, framework testing and certification. We are credited with the excellent management of the Clean Drinking Water Framework by the Government of India since the establishment of the SDGs. We are above the clear and weighted water alliance record (WGI) for eight other Indian states. Following the disclosure of the SDGs, this value assessment by renewing the water alliances of eight Indian states made a major commitment to the Streamwater Association. Human Rights Watch (HRW) has raised concerns about a recognized water scheme for the poor in Detroit, USA. The paper asks: "Did HRW do justice to the important opportunities surrounding it? And" How did the government accomplish this? "In relation to the cross counties of executive indicators, victimized HRWs were not helpful in raising moderate approvals for water consumption or sterilization near the home, one of the reasons water is favourable. Paper bases establish and finance programs for the benefit of better water and sanitation. It sees two practical goals for critical support for the most vulnerable risk, such as in plant countries, and the use of the most money-related public property, such as in industrialized countries. Various targets have been tried and set so far.1,017 views -
Extra Judicial Killing and the Human Rights of the Criminal in India – An Emerging Botch on Criminal Justice System
Assistant Professor at JEMTEC School of Law, Greater Noida, IndiaPages 1111 - 1119Police encounters are the violation of the human rights of the person who is actually until not proven guilty cannot be called as offender or criminal. Sometimes it is being reported and acknowledged that it is faked also. So what is that law which allows our executor to take law in their hands? If we will see minutely it is a direct encroachment of the executor on the judiciary. If the executor will perform all the functions of the judiciary the there is no use of the criminal justice system in India, all the decisions of the punishment and releasing of any person would be taken by the executor, it is a grave violation of fundamental rights enshrined under the Constitution of India. So the power exercised by the executor in case of the police encounter is a grave violation and a direct encroachment over the human rights as well as the fundamental rights of the criminal. As our constitution of India protects the rights of the convicted as well as the person in the preventive detention and this police encounters are the direct violation of the human rights of the criminals. In India we are taking care of the human rights of a brutal killer like Kasaab but we are not thinking about the human rights of our own nationals. This paper basically deals with the occurrence of the massive number of the police encounter in India and its direct encroachment on the sphere of the judiciary. This extra judicial killing and fake encounters are the ugly face of our developing nation. If it will not be stopped today then that day is not so far when the executive will become act as a judiciary body and our fourth pillar of the democracy ‘the Media’ will become the platform to decide the cases.2,096 views -
IP in Fashion Industry: IP Strategies that can be Undertaken to Prevent Counterfeiting In the Industry
LL.M. Student at Symbiosis Law School, Pune, Maharashtra, IndiaPages 1120 - 1131Fashion designers as we call them create some great fashion pieces with whatever they have in mind as their fashion sense calls out to them to create something innovative and creative. Such designers are no less than artists who create such great works with their creative intellectual efforts that they deserve to get a great amount of stringent protection and so they benefit economically and are not harassed by some counterfeiters hiding in a corner to copy and cheat the original creators and also their marketing strategies. In this digital age because of certain new platforms and trending applications being created now and then there’s a lot that these designers need to keep up with so as to prevent counterfeiting. The designers or the fashion brands won’t stop creating because this is what they ultimately do to create beautiful pieces. This is what needs to be preserved as it is their very livelihood that they have created themselves. The paper will be discussing the same as how actually the process goes into making of such creations by the designers through their intellectual efforts and what all kinds of intellectual property is involved in the fashion industry. It will also be discussing mainly the intellectual property strategies that can be undertaken by them to protect their intellectual creations in such a way as to prevent counterfeiting. The paper will be guiding towards protecting fashion brands intellectual property to prevent counterfeiting and to save the customers from being tricked.1,004 views -
International Laws for the Protection of Animal Rights and Welfare
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1132 - 1141At present there is no international agreement that ensures the welfare and protection of animals. Animal welfare is not regulated by a single, comprehensive, international law instrument. In other words, there is no international standard that regulates and defines the acceptable treatment of animals. This lack of international consensus leads to the current discordant treatment of animals around the world, echoing the need for an international framework addressing the issue. This article considers the prevailing frameworks in international law that addresses animal welfare in some way, but they in themselves are not able to meet hallmarks of an effective global protection regime, including enforceability and comprehensiveness. This article also discusses about the proposed treaty, The International Convention for the Protection of Animals (ICPA). The treaty would ensure and enable animal welfare issues to gain international protection and recognition of animal rights by settling the general guidelines and policies regarding the treatment and use of animals. It may however be impossible for all countries to pass such a treaty. But the ICPA could make it possible to begin the process of enacting groundbreaking international animal protection.2,813 views -
Facial Recognition Technology and its Impact on Privacy Rights of Children
Lecturer at Jindal Global Law School, OP Jindal Global University, IndiaPages 1142 - 1154India is gradually becoming the data center hub of the world. Covid-19 has contributed towards this growth by pushing the nation to adapt to the virtual world, thereby, accelerating our technological capabilities. With these technological advancements such as Facial Recognition Technology, India is entering into Mass Surveillance State and the danger of data breaches and privacy violations is also looming large. As fast as the nation is modernizing, the pace of legislation to incorporate data protection has been, by far, unsatisfactory. Although the potential violation of privacy affects all strata of society, children are, arguably, the most vulnerable group. Educational institutes such as schools and colleges are some of the biggest perpetrators in the privacy violation of kids. Thus, this issue of violation of privacy via the employment of Facial recognition technology requires immediate attention as it is a major threat to our fundamental right to privacy and human rights. Therefore, this research paper attempts to trace the impact of these technologies on privacy rights, especially children, by critically examining relevant statutes from the national as well as international perspective. Further, the paper explores the violation of privacy by educational institutes such as schools and colleges. Lastly, the paper concludes by recommending some solutions to curb the blatant abuse of the privacy rights of children.1,224 views -
Analysis of Intermediary Guidelines and Digital Media Ethics Code, 2021
Fellow at Daksha Fellowship, IndiaPages 1155 - 1168This research paper attempts to analyse the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The author delves into the various legalities of these rules and how they affect the different verticals. The paper divides the analysis according to different verticals that will be affected by the Rules, namely, i) social media intermediaries like Facebook, Instagram, Twitter, ii) OTT platforms like Netflix, Amazon Prime and lastly iii) news and current affairs content providers like The Wire, LiveLaw. The author also looks into the intermediary rules of different countries, thereby providing a global perspective.2,174 views -
Extradition: Procedure and Principles
Advocate-on-Record in Supreme Court of IndiaPages 1169 - 1182The Authors of the instant article seek to expound upon the law relating to extradition in India. The article also explains the doctrines which are the cornerstone of extradition recognized universally. The principles justifying the necessity to extradite a Fugitives to the Requesting State from the Requested State have been briefly elucidated. The Authors, being advocates within the territory of India, have had the opportunity to represent the concerned party(s) in certain cases pertaining to extradition of Fugitive Criminals outside India. India has entered into several Extradition treaties (47) and even Extradition Arrangements (11) with other States. A few common threads running through these treaties and arrangements have been examined in the instant Article. The article also demonstrates certain contemporary case laws to illustrate the legitimate difficulties qua the same.1,339 views -
Restorative Justice as an Alternative Dispute Resolution
Student at ITM University, Raipur, IndiaPages 1183 - 1186The present article is not intended to argue up on the topic of pros and cons of it. It only attempts to give an overview about the topic and analyze the whole concept of it and find some solutions regarding it. When a crime is committed people are hurt no matter what kind of crime has been done, so every situation is unique but that doesn’t mean people are alone, restorative justice can help. A new way to seek justice in a community is restorative justice as an alternative dispute resolution. Due to huge amount of pendency of cases in courts justice has often been delayed and solution of this problem can be done by alternative dispute resolution. The main motive regarding this article and behind the whole situation is to maintain the harmony between the dispute parties. It focuses more on holding people are accountable and in order to heal the harm. It is also focusing on future problem solving and offender accountability. It takes less time consuming then court proceedings and the facilitators and community members. It allows everyone to have a voice. The whole article focuses on the need of restorative justice as an alternative dispute resolution.1,013 views -
Role of Media in Society: Some Issues and Challenges with Special Reference to Social Media, in Indian Perspective
Ph.D. Research Scholar at IEC University Badi, District Solan, Himachal Pradesh, IndiaPages 1187 - 1204The media is a fundamental Institution of the society. It plays a very vital role in democracy. It is the voice of democracy against illegal activities. Freedom of media in India is one of the important aspect for the nourishment of Fundamental Rights enshrined in the constitution of India. The media's role in society includes acting as a Watchdog and enhancing the free flow of information to public, therefore media is called the fourth pillar of the state. The Social Media has also become the integral part of human being at present. In today's society, the use of social media has become a necessary daily activity. Social media is typically used for social interaction and access to news and information, and decision-making. It is a valuable communication tool with others locally and worldwide, as well as to share, create and spread information. More than 86% of all business have a dedicated social media platform as part of their marketing strategy. Social Media is a big platform not only for promotion or marketing but one can also reach out millions of people and share their views, through social media, every person is aware of what is happening around them. But like any other theory social media platform have certain disadvantages. On the social site you will get easy to read false and baseless news. Some people creates religious hysteria and hatred, through their thoughts and expression, on social site. Prank videography has become a fashion among teenagers, they have been totally forgotten decency and morality and serving vulgar and obnoxious scene before the viewers, consequently sexual sensuality are taking birth in young children and pushing them into criminal activities. Facebook, YouTube and many other sites are openly disseminating the horrible and offensive scenes on their screen, besides this you can find the advertisement regarding, treatment of incurable diseases, occultism, Magic remedies and many misleading things. Many people get cheated by coming under pretense. Due to prevalence of social media, online fraud and Cyber crimes are increasing day by day in society. Hence a strong legislation is required, by which a reasonable restriction could be imposed on social media. Besides this social awareness programs related to social media and its positive as well as negative impact on society, should be organized by NGO’s, Govt. and academic institution from time to time.2,592 views -
East India Company: Transition from a Trading Company to Gaining Political Influence all over India
Student at MIT World Peace University, IndiaPages 1205 - 1211For more than a century, the British had direct authority over the Indian subcontinent. How did a little island country on the North Atlantic's edge come to rule over a far bigger continent? Sir John Robert Seeley, a historian, stated that the British Empire was gained in "a fit of absence of mind" to illustrate that it was achieved gradually. piece-by-piece. The following article looked at some of the key reasons why the British were able to effectively capture and keep each "piece" of India. The article on “the keys to British success in south Asia” was articulated meticulously and was expressed by ‘Colin Watterson’. The article shows those aspects of British conquer over India, in a whole new light than, what was normally taught in schools. It speaks about their political agenda, how they were successfully able to acquire India, piece by piece by their overwhelming British military and navy, and how they had an immense influence over the people of India, to make them stand against each other. The author of the abovementioned article, did not only cover the political aspect of British strategies to conquer or acquire a wholesome control over the center of India, but the author in detailed expression also covers on about the socio-economical aspect, the cultural point of view and how Mughal rule and is declination was one of the most important reasons that British with their great analytical, rhetoric and persuasion skills were indeed able to change the entire Indian political dynamic. They were not only able to conquer vast portion of Indian lands, but they in addition were also successful in maximizing their profits. Hereinafter are some of the main key reasons for British success. There were numerous reasons why British were successfully able to gain a wholesome control over India, and these are illustrated below.1,176 views -
An Exigency to Revisit Anti-Defection Law in India
LLM Student at ILS Law College, IndiaPages 1212 - 1226Defection is not a good word in most of the political instances. In India, the label of political parties plays a vital role in election of representatives. Floor changing after being elected as representative of people is almost a betrayal committed against the will of the people especially when the electorates hold their trust on the potential of any political parties. On the other hand, the laws which restrict defections have serious adverse effects in practice. Ideally speaking, a political leader after being elected to any House of representatives, has only minimum to do for his political party whereas, he holds many responsibilities against the electorates who chose him. Thus, a representative must be free from any unreasonable restrictions even from the part of the political party he belongs for the purpose of ensuring the interests of the people he represents. At this point, the relevance of revisiting the anti-defection law prevailing in India comes into play. This paper deals with the analysis of anti-defection law in India and also includes a brief comparative study of law relating to defection in India, United States and United Kingdom. In the conclusionary part, the researcher also provides with few suggestions for bringing a balance between the interests of the electorates and need for preventing the floor change of political leaders.1,382 views -
Why is the Indian Judicial System so Sluggish?
Student at Banasthali Vidyapith, IndiaPages 1227 - 1229The Indian Constitution is made up of three pillars i.e the Legislature, the Executive, and the Judiciary. Among these three the Indian Judiciary system is one the foremost pillar of the Democracy in India, it also consists of a three-tier system that is lower courts, the State High Courts, and the Supreme Court. Judiciary is always praise for working towards people's rights and entitlement, taking care of weaker sections of the society, and providing justice to all. Even though after having such enormous power, there are certain intrinsic problems that the Indian Judiciary faces. Whenever we hear the word ‘JUDICIARY’ the image of justice and equality is engrave in our mind, but after seeing the delay in delivering justice and gradually increase in pending cases over the past year leaves an everlasting impression on our mind.1,214 views -
Dopdi, as the Leader of Subalterns (Analysis of the Character Dopdi, in Respect of the Hardships Faced)
Student at Symbiosis Law School, Hyderabad, IndiaPages 1230 - 1237The short story of “Draupadi” (Devi, 1997) written by Mahasveta Devi is a Bengali piece of work that has gained widespread popularity in the recent years. It highlights the life of a tribal Naxal woman who fights for her own cause and for her people who are the deprived class. The story is translated in the English version by Gayatri Chakravorty Spivak, narrates the way that she mentions about the loss of specific Bengali essence from the story while converting it into English. However, the story pretty much highlights the essence that Mahasveta devi wanted her readers to feel. The research on this topic will be covering a number of aspects regarding the leadership of a woman after so many hardships and the problems and oppression faced by them. The Naxalite movements that this particular group is a part of and along with that their fight against the oppressive higher class who have power in their hands, will be thoroughly analysed. The special analysis that this paper is going to witness is the comparison of the mythological celebrated woman, Draupadi of Mahabharata with the tribal Draupadi or Dopdi, as she likes to call herself, bringing into consideration the situations that both of them went through. Keeping this in mind there has been a lot of similar experiences and situations that can be safely assumed about the author that she specifically wanted her protagonist to go through.5,873 views -
Comparative Analysis of Key Provisions of Corporate Insolvency Resolution Process and Pre-Packaged Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016
Student at ICFAI Law School, Hyderabad, India.Pages 1238 - 1253COVID-19 pandemic has impacted businesses, financial markets, and economies all over the world, including India, and has affected the business operations of micro, small and medium enterprises and exposed them to financial distress. The Government has taken several measures to mitigate the distress used by the pandemic including increasing the minimum amount of default for initiating insolvency resolution process to Rupees One Crore, and suspending filing of applications for initiation of corporate insolvency resolution process in respect of the defaults arising during the period of one year, beginning from March 25, 2020 which has ended on March 24, 2021. The Government of India has recently amended the IBC (through ordinance dated April 4, 20213) and has introduced a new mechanism for insolvency resolution specially for entities classified as MSMEs by insertion of new Chapter IA in the IBC which deals with Pre-Packaged Insolvency Process'. Corporate insolvency resolution process (“CIRP”) for insolvency resolution of corporate persons being companies and limited liability partnerships are governed under Chapter II of Part I of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”). Pre-packaged insolvency resolution process (“PPIRP”) for micro, small and medium enterprises (“MSMEs”) regulated under the Micro, Small and Medium Enterprises Development Act, 2006, are governed under Chapter IIIA of Part I of the IBC and the Insolvency and Bankruptcy Board of India (Pre – Packaged Insolvency Resolution Process) Regulations, 2021 (“Pre – Pack Regulations”). A brief comparative analysis of key provisions of CIRP and PPIRP as envisaged under the IBC and the relevant regulations introduced by the Insolvency and Bankruptcy Board of India (“IBBI”).1,824 views -
Maritime Insurance: Settlement of Claims
Student at Symbiosis Law School, IndiaPages 1254 - 1267In the present era of globalization where Countries have opened their doors for trade, there has been a significant amount of both import and export worldwide. This stance has been conveniently facilitated by exploiting the age-old tradition of sea voyage and as such has accounted for nearly 80% of the volume in such transfers globally. But, with such development worldwide, there also comes the associated risk of the sea voyage which remains affected by uncertainties during the entire route. The issues that needs to be focused at is The insurance bought by the parties dealing in India is governed by The Marine Insurance Act, 1963 which evenly deals with the aspect of insurance and covers the very basic aspect of concern of every insured as to how to claim insurance in case of any loss. With wide perspective enjoined in such cases the most deliberate fact remains to that of in case of partial loss of goods, where the notice of abandonment comes into picture and leaves the parties entangled as to claim the settlement of loss. There lies a very thin line of difference as to ascertain the type of loss and the measures to be sought thereafter.1,532 views -
An Analysis on the Shared Household and the Right to Reside under the Protection of Women from Domestic Violence Act, 2005
Student at Cochin University of Science and Technology, IndiaPages 1268 - 1276Patriarchy is deeply rooted in our Indian Society. Women are always considered as the chattels of men and this set-up is the main reason for domestic violence. Women suffer violence from womb to tomb. Women are being socially, economically, physically, psychologically and sexually exploited. But they always suffer in silence. In 2005, the Parliament enacted the Protection of Women from Domestic Violence Act. The Preamble of the Act states that the object of the Act is to provide effective protection of the rights of women guaranteed under the Constitution. It protects the women from any kind of violence in their domestic relationships. The Act provides protection for all women who all are having a relationship with the abuser so sisters, mothers, in-laws, widows and unmarried women living with the abuser can seek protection under the Act. A key provision of the Act is the shared household concept. Now by this Act, women have the right to reside in the “shared household” or to seek support for alternative housing arrangements. A woman cannot be evicted from her husband’s house, it can be done only according to the procedure establish by law. In case if she is thrown out of that house she can be brought back to the same house by obtaining an order from the court. Mostly Indian women do not have the option to return to their parent’s home or to live on their own; this provision enabled them to stay in their in-laws house with law’s protection. It is the interpretation provided by various judgments which enlarged the concept of “shared household and the right to reside.” The paper examines the various aspects of shared household from the analysis of various judgments.1,382 views -
Digital Crimes on Indian Online Dating Platforms during Covid-19: Impact on Women
Assistant Professor SG at School of Law, UPES, Dehradun, IndiaPages 1277 - 1291Over the years specifically in the year 2020, the Information and Communication Technology has touched the entire spectrum of our life as everything has started to see its course online. From the work culture to online shopping and offline meetings to online and physical dating to online dating, everything is now just a click away or must the authors say swipe away. Online dating has seen rapid growth in the past few years. The numbers have specifically increased a lot during the lockdown due to the COVID-19 pandemic. This paper focuses firstly on the increase in the number of women using online dating websites during this lockdown and how most of these women fall prey to scams or cyber-crimes on the said platforms. Secondly, it throws lights on particular dating websites and why specifically women are being targeted. The latter half of the paper highlights the existing laws that are put in place in India and how the general public must be made aware of the same to know their rights. In the end, this research paper throws light on several cases related to online dating in the past few years in India and their analysis.1,508 views -
Understanding SEBI Scores and its Efficacy
Professor at Kharagpur College, Kharagpur, IndiaPages 1292 - 1306The paper ahead aims to introduce that the financial infrastructure of any country depends a lot on its capital market and the barometer for the effectiveness of such market depends on how much developed the grievance redressal forum for the investors is. Keeping this in mind further on chapter 2 provides for the need and objective behind the introduction of SCORES by SEBI in 2011. Chapter 3 details an enlisted procedure redesigning how the entities are to be registered under SCORES as per SEBI mandate along with the steps by which an aggrieved investor can lodge complaints in SCORES. Chapter 3 provides for the step by step increase in the effectiveness of SCORES graphically using a line graph showing the increase in effectiveness of SEBI Complaint redressal mechanism since 1992-92 till 2013-14 , a pie chart showing how SCORES not only caters to complaints against listed companies but also against the other registered entities of the stock exchanges and a tabular statistics shows the effectiveness of SCORES regarding the percentage of cases submitted categorically along with those pending redressal in 2020 . The statistics used are taken from SEBI website. And lastly the conclusion deals with an analysis of all the chapters and findings relating to how much effectively SCORES is going to develop in future with respect to the various SEBI reports and newspaper articles.1,622 views -
Goa’s Civil Code is not as Uniform as it Seems
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1307 - 1313The meaning of Uniform civil code is that the same code should be applied throughout the country without discriminating on the basis of religion or it can be said that the all the religions should be governed by the same code rather than different Personal Laws. Uniform Civil Code is talked about in the Article 44 of the Constitution of India and it is not justifiable it is as “the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India”. Uniform Civil Code should be about gender justice and equality without giving preference to any religion and making different provisions for different religions. It should be just and fair and also should not hurt the sentiments of any religions. The Portuguese Civil Code do not meet the requirements of the Uniform Civil Code as it has different provisions for Christians as compared other religion and different provision for Hindus as compared to other religions. It also has provisions for women against the spirit of the Constitution of India and it should not be considered as the Uniform Civil Code as it is in contradiction to the Constitution of India and in that civil code the men are given rights which work against the women.1,573 views -
Judiciary – The Unexpected Ally in Environmental Conservation: A Comparative Analysis of Judiciary’s Role in Environmental Conservation in India and Brazil
LLM Student at Symbiosis Law School, IndiaPages 1314 - 1333The most pressing concern, endangering the existence of humanity itself, is that of environmental destruction and climate change. While there is a need to give generational equity the top priority, it has been observed all over the world that various corporations and Governments (legislative and executive alike) have been pushing forward unsustainable modes of development and sources of energy, whether in terms of burning down the Amazon forest to create grazing pastures for the meat industry, carving out hills and mountains for roads and soil, or fracking. In all this chaos, the citizens globally have found their refuge and an unexpected ally in the Judiciary, who, time and again, has upheld the principle of equal opportunities and democracy by advocating generational equity. This paper seeks to draw a close perusal of the role of the Judiciary in environmental conservation in India and Brazil- both resource-rich developing nations that were colonized by the European monarchies.1,212 views -
Effect of Competition Law on SMEs in India
Professor at Kharagpur College, Kharagpur, IndiaPages 1334 - 1347The numbers of SMEs are much more than any other scale of industry and so accordingly their stress with respect to the competition is much more in the Indian developing economy. The manuscript ahead tries to introduce the meaning of the SMEs along with a brief idea about the dimensions of the Indian Competition law in the first part. The second part deals with how the Competition Act of 2000 and tries to encourage the SMEs along with policy initiatives and measures are taken by the state. The third part will deal with the Anti-Competitive agreements with respect to the Competition Act of 2000 and its impact on SMEs. The fourth part will deal with the role of the central and state governments along with the CCI. The conclusion is dealt in the fifth part of the paper which deals with my own opinion regarding how the SMEs are getting benefitted from the Competition Act of 2000 after the whole analysis and findings. The paper also includes several cases and case studies with regard to competition in India and focuses on the comparison between the laws Act of 2000 and other competition law of other jurisdictions including the USA and European Union.1,122 views -
Rise of Human Trafficking during Covid-19
Student at Rizvi Law College, IndiaPages 1348 - 1356An unprecedented pandemic that has adversely impacted our world and a socio-legal issue that has and continues to be immensely problematic and depraved. This is the coronavirus disease and the crime of human trafficking respectively. The issue at hand is the largely unknown association between these two incidents. This is precisely what this paper endeavours to elaborate on. It explains how the rules and regulations introduced by several governments for mitigating the spread of the disease such as social distancing, working from home, etc. have indirectly increased the rates of the inhumane offence and regrettably made it easier to do so. It clarifies what the coronavirus disease is by focusing on its definition, origin, method of transmission, etc. Subsequently, it elucidates on the meaning and types of human trafficking while highlighting the sheer damaging impact of the same on its victims. Afterwards, the connection between these two topics is thoroughly explored through the combination of literary mediums and statistical data. Light is shed on how the disease has made people of all ages and genders more emotionally, physically, economically and socially helpless which ensures that they are effortlessly trappable by the vile traffickers. Special emphasis is placed on the innocence of children and the hardships this pandemic has made them go through in terms of online education, domestic violence, etc. Later, a synopsis of existing laws and provisions regarding human trafficking is provided with indispensable solutions for reducing the crime rates and ameliorating the problems of its victims. Ultimately, a conclusion constituting personal views is opined.1,005 views -
Are Economic Sanctions or Other Forms of ‘Legal Outcasting’ Short of Resort to Armed Force: An Effective means to Enforce International Law?
LLM Student at Trinity College, Dublin, IrelandPages 1357 - 1373Economic Sanctions are of various kinds- Internal and External and Physical and Non-Physical, their effects differ, with somewhat different outcomes, but their underlying objectives, by and large remains the same of ensuring recalcitrant state’s compliance with International Law. It falls within the broader category of outcasting, which is used by a number of states to deprive the non-compliant state of the benefits of global trade, communication and diplomatic relations. Oftentimes, it can have a harsh impact on the vulnerable populations. With this concept in mind, it is arguably very important to understand as to how gunboat diplomacy has taken a back seat in international relations, particularly in light of various UN Charter provisions that exclude or prohibit to a large extent to use of force, save in situations such as: necessity, self-defence, responsibility to protect, humanitarian intervention and collective security defence under Article 2 and 51 of the U.N Charter respectively. From a standpoint of increasing globalisation, and the need to establish peace and security globally, economic sanctions have come about to play significant role in influencing and regulating the conduct of the targeting state and the targeted state, the article will deliberate as to how successful have these forms of sanctions been, from a multidisciplinary perspective. Their spill over effects are equally important when assessing their probability of success. The article will delineate about different types of outcasting measures available, and their relevance to the impact felt in relations between states through illustration of UN Sanctions imposed would be compared and illustrated in the article. The article will also develop solutions to improvise the efficacy of implementing outcasting measures.1,299 views -
A Comparative Study of Copyright Protection in Fashion Industry in India and USA
LLM Student at RGSOPIL, IIT Kharagpur, IndiaPages 1374 - 1379Copyrights in today’s world forms an integral asset in any industry and at the same time is crucial for protecting the expressions of the creator. Fashion industry generates employment at huge scale and creates a visible impact on the economy of any country. Statutes which deal with copyright protection in fashion world in India are The Copyright Act, 1956 and Designs Act, 2000, whereas that of USA is its Constitution and Copyright Act, 1976. The paper deals with a comparative study copyright protection granted in India and USA in the fashion world. Methodology adopted in doing this research is purely doctrinal. The goal of the author through this research is to demarcate the benefits available to the creators in fashion and also elaborate its limitations provided in the statutes.1,702 views -
Emancipation of Dalits
Student at Vivekananda Institute of Professional Studies, Delhi, IndiaPages 1380 - 1396The aim of this paper is to examine the seeds of inequality planted in traditional Indian society and its ever-expanding roots that continue to haunt the conscience of the entirety of the sub-continent. In examining these differences and discriminations, the paper follows a timeline of the attempts made by the legislature to promote equality and emancipate Dalits ever since India got independent. In between, the paper attempts to examine reasons of why all these acts, articles, precedents, and laws legislated were necessary to protect the interests of marginalised communities in India. Then the paper proceeds bring out role of judiciary in protecting the rights of Dalits through historic judgements that have encouraged emancipation of Dalits. The overarching conclusion is that even after the discouragement and prohibition of various judicial decrees, such discriminatory practices exist because of the collective greed of the upper class and the ruling class, fought fiercely by an overburdened, yet righteous judiciary that continues to spread the principles of justice and equality.1,186 views -
Unravelling the Paradox – Article 226 and 227 of the Constitution
Student at MIT World Peace University, Pune, Maharashtra, India,Pages 1397 - 1408Ubi Jus Ibi Remedium – Where there is a Right, There is a Remedy This Latin maxim is not just an empty expression. It has sown the seeds of hope and confidence amongst the multitudes, who have placed their unflinching faith in the judiciary, in the legislature, in the Constitution itself. It is an undeniable fact that the judiciary, with advance of time, has gained immense prominence and has demonstrated herself as a strong willed yet humane judicial authority, providing much-needed succour to many grieving souls. However, the extent of the law and its remedies has moved at a snail’s pace through the labyrinth of the judicial system. The sentinels of the law have sadly, through their stereotyped approach on certain issues, unwittingly contributed towards over burdening the judiciary with frivolous cases. It has been observed that writ petitions are being filed before the High Courts under Article 226 read with Article 227 of the Constitution of India on a routine basis without appreciating the facts that the scope and powers granted under aforesaid Articles are very different. This paper is dealing with the discussion on Article 226 and 227 of the Constitution of India in general, highlighting the necessity to understand the intelligible distinctiveness that exists between these aforesaid Articles. The tepid and insensitive approach adopted towards the nature and scope of these aforesaid Articles has resulted in overwhelming the High Courts with Writs that digresses from the well-established norms in terms of various judicial precedence, which in turn has become the bane for speedy and effective remedy. This paper, thereby intends to reinforce the understanding and nitty-gritty involved in the practical application of the aforesaid Articles.1,637 views -
Inconsistency between Protection of Child from Sexual Offences and Indian Penal Code: Analysis of Child Sexual Abuse in India
Student at Amity university, Noida, IndiaPages 1409 - 1416Child sexual abuse is a grim reality that is all too common in India, with various negative consequences. Child sexual abuse is a worldwide concern as well as a violation of human rights. The goal of this research is to raise public awareness about this atrocity. Child sexual abuse is a widespread issue, with a high number of victims even at the lowest frequency The Government of India has brought in a new law to deal with child sexual abuse, titled "The Protection of Children Against Sexual Offences (POCSO) Act, 2012." Child sexual abuse has been officially recognised as a significant problem in India. The legislation makes a variety of crimes illegal, including child rape, harassment, assault, and pornography, among others. This research focuses on the different types of child abuse, child sexual abuse, different forms of child sexual abuse, such as child marriage, online child marriage, and child trafficking, legal provisions in India for child sexual abuse, risk factors for victimization, and the consequences of child sexual abuse. The research also brings attention to the issue of child sexual abuse in India.1,281 views -
Feminism in National History: A Case Study of Melchora Aquino
International College, Krirk University, ThailandPages 1417 - 1430Revolution changes a nation and along with it, brings out the best in its men and women. There have been countless stories of extraordinary courage and heroism throughout our nation’s history. But none so inspiring as the life of Melchora Aquino (A.k.a. Tandang Sora) who at the age of 84 joined and participated in revolutionary activities that marked the Filipino’s colonial past. It has been etched in history that in her native town, Tandang Sora operated a small store which became a refuge for the sick and wounded revolutionaries. Without fear for her life and the consequences brought about by her actions, she fed, gave medical attention to and encouraged the revolutionaries with motherly advice and prayers. She also volunteered her own abode to be the venue of secret meetings of the “Katipuneros” (revolutionaries). These actions would spell death if caught by the colonial government of that time. Tandang Sora’s selfless commitment to the cause of the revolution is worth emulating by the women of today. Regardless of physical limitations brought about by gender and age, she taught Filipino women, most especially those in their sunset years that it is never too late to make a difference. That freedom is worth the sacrifice. In her time, she heard the bell toll to signal a call to an end to oppression and slavery. The same bells toll today for a call to good governance, to economic independence, to equal rights to social service and to the justice system. It tolls for the plight of all those seeking a future envision with hope for the betterment of every Filipino. These are the part of the modern struggle that every Filipino experiences today. The time is ripe for Tandang Sora’s rebirth. Filipino women would do well to find meaning in taking an active role in the fight against modern tyrannies that enslave the people of the country. This paper postulates the relevance of Tandang Sora’s heroic deeds in today’s time. It seeks to show how women can contribute significantly to making a difference. Using a historical backdrop of the life of Tandang Sora and her concrete actions during her time that has made her remarkable, it shall attempt to provide an analogy on how similar actions can be done by women of today’s time to become part of the solutions to the struggles of today. In essence, it brings to life the fervor of this heroine for Filipino women.7,587 views -
Corporate Social Responsibility: A Case Study of Philippines Gaming Industry Agency PAGCOR
International College, Krirk University, ThailandPages 1431 - 1443Gambling is one of the favorite past times of Filipinos which the Catholic Church denounces as a vice. The government has legalized many forms of gambling in response to its advocates that it becomes a revenue source rather than an outlawed past time of the populace. Gambling is now regulated by the Philippine Gaming Corporation (PAGCOR). PAGCOR’s corporate social responsibility thrust is geared toward community development to uplift the lives of Filipinos. The revenue source of these beneficiaries explicitly comes from a vice which the Catholic Church in the Philippines denounces. Nevertheless, the Church charities are also among the beneficiaries of PAGCOR’s initiatives to help the poor. Thus, vice (gambling) now is perceived differently from the traditional to a more open-minded view. The study employed the descriptive design using random sampling. The study employed the descriptive design using random sampling. A randomly selected group of one hundred (100) respondents that have been selected regardless of their age, gender, civil status, educational attainment and occupation. A survey questionnaire aligned with the objectives of this paper was the main research tool. Data gathering was done a specific research locales in Camp 7, Benguet, Philippines. Gathered data was treated through descriptive statistics. This study sought to explore how Filipinos view legalized gambling and how corporate social responsibility of non-formal institutions like PAGCOR whose operations differed from the norm and others similarly situated impacted social responsiveness in a cultural setting highly weighed by religion. It aimed to discuss the morality of vice in a country where proceeds from endeavors in this aspect proved to justify the ends if it meant substantial help and benefits for the country’s marginalized poor. The study concludes that the legalization of gambling is an attempt to show that it is not a menace to the society. The Pagcor is a state-owned gambling entity mandated by law to share in profits largely with the national treasury and with charity organizations and institutions. This objective, if fully supported and monitored by the government can make the difference in the country’s economic recovery. Gambling redeems itself through the benefits that it gives to the less fortunate and the number of lives that has been saved and changed through Pagcor’s help is a proof that legalized gambling has already crossed the line that questions its morality.4,639 views -
Study of Federalism
Student at GLA University, Mathura, U.P., IndiaPages 1444 - 1450The constitution establishes dual polity which consists of union and state and power is divided between these two units. The constitution of other country is either unitary or federal however different political scientist have different views about the Indian federation as some say it quasi-federal and other say it is cooperative federalism. Quasi federalism is when the government have both unitary and federal power and cooperative federalism is when the state and centre government work parallel to each other. This research paper will focus on the view of K.M Munshi, K.C Where and Grandville Austin about the Federation of India.1,641 views -
Clinical Trials in light of Covid-19
LLM student at Dr. Hari Singh Gour Central University, M.P, IndiaPages 1451 - 1458As we all know with advent of science and medicine world has changed a lot. But this covid 19 era has taught as science and technology is inevitable facet of development but it comes with its own cost. This article discusses about clinical trials and what are the regulations governing it globally and on domestic level. It also emphasis on how covid 19 has changed the landscape of clinical trials.906 views -
Doctrine of Territorial Nexus in the Contemporary Legal Era
Student at Amity Law School, Noida, IndiaPages 1459 - 1471Whenever we talk about federalism the most important factor that comes to our mind is the distribution of power. The principal objective of a federal state entails the division of powers and authority between the national government and the governments of the respective states. The term territorial defines the locality and the nexus of the connection between states and objects. The doctrine of territorial nexus is addressed under art. 245 of the Constitution of India. Art. 245 (1) states that Parliament may make laws on all or a certain part of the territory of India and the State legislature may make laws of all or a certain part of the State. If there is any extra-territorial operation of the state law, it will be void. Legislation enacted by a state legislature does not apply outside the state unless there is an association between the state and the object. The court has no jurisdiction to question the legislature on the application of the rules regarding the additional use of jurisdiction. The issue of devolution of power in respect to the territory is dealt with in a list under Schedule 7 of the Constitution. Parliament is empowered to enact laws within the Indian subcontinent as well as external territories with links within India. Under tax laws, the sale or purchase does not have to take place within the realm of the state. For the applicability of the doctrine, the object does not need to be located within the state area but must have a sufficient connection to the state.3,075 views -
Mediation and Artificial Intelligence: Future of Dispute Resolution
Assistant Professor at IMS Unison University, Dehradun, India.Pages 1472 - 1479Informality with proceedings resolution is the primary premise of alternative settlement of disputes. Each year, more than one billion transactions are anticipated to take place online. In a globalized context, many disputes over these transactions are resolved ‘online' utilizing a variety of ADR methods (ODR). Changing and developing technology is also important in the ongoing evolution of ADR procedures. Many dispute resolution processes can be supplemented and supported by technology, and advances in artificial intelligence suggest that technology will help parties and dispute resolution practitioners to isolate areas of agreement and disagreement where ADR may have had a limited application in the future. In the application of Artificial Intelligence to streamlining dispute processes and disputants, online settlement may help resolve conflicts, keep the classic informality, cost-effectiveness and speed. Online Conflict Resolution referred to dispute resolution methods based on information and links. The aim of this study is to focus on the various benefits which the judicial system in India will have with the introduction of artificial intelligence tools in mediation and alternative dispute resolution. The study will focus on the relief that the judiciary will get as it can be seen that due to lack of time the apex court is flooded with numerous pending cases so adding AI in the mediation would be like a cherry on the cake as this would assist in speedy disposal of the pending cases. The study will also focus on the issues that the judicial system in India would face while implementing the AI tools. Even though people can resolve disputes erroneously, society may still be using human judges instead of giving full authority over a machine. The study concludes that there is a belief of justice to be a unique ideal that artificial intelligence can find very difficult to perform regardless of its level of programming expertise.2,679 views -
Position of Transgender in India: Primitivism to Post Modernization
Student at Banasthali University, Jaipur, IndiaPages 1480 - 1486“Let it be male, female or third gender, All have to live happily together, Leaving all ongoing unfair practices, Society has to eradicate all those tactics.” Apart from the male and female gender, there is recognition of the third gender. These are people who identify themselves opposite to their biological sex. From the very beginning, they often came across with different names like Hijras, Eunuchs, Kothis, Aravanis, Jogappas, etc. Somewhere they have been treated very loyally even somewhere kept as royal servants and bodyguards at Queen’s place. However, during British Colonial Rule they have been declared as a criminal tribe. When we come, across the present situation, transgender is often treated as untouchables and also they live in absolute poverty because of the limited source of earning their livelihood, they started trading with their uneasy feeling. The government of India took numerous measures to counterbalance the position of transgender in India. Despite it, they are facing plenty are often ridiculed and abused in public places, workplaces, railway stations and where they are found. Many petitions were filed asking for legal status (TG community), to provide free legal services to the weaker and the marginalized section of the society(National Legal Service Authority), recognition as the third gender (claimed by Laxmi Narayan Tripathy), legal protection and socio-economic benefit(by Kinnar community), access to education, healthcare, constitutional guarantee to equality before la. The initiative was taken by Denmark and Argentina to grant recognition to the LGBT community. Our society has a Transphobic attitude, which reflects the biases towards them. Everyone is born with a sexual orientation, which gives them an identity. This states the fact that gender is inherent from birth and there should be no discrimination in this regard. Society has to evolve according to a present need. The paper seeks to answer the problem faced by transgender even after the Bills related to the protection of transgender were passed. The purpose of this study is to present a critical analysis of the Bills passed on for the protection of transgender and their loopholes, also a systematic review of transgender from the very beginning to the present era, challenges faced by them from THEN TO NOW.1,060 views -
Book Review: Hind Swaraj by Mohandas Karamchand Gandhi
Student at Symbiosis Law School Pune, IndiaPages 1487 - 1492The ‘HIND SWARAJ’ by M.K. Gandhi is a monumental work in Philosophy of civilization. It is a critique of civilization. Gandhi has given incisive criticism of up-to-date civilization, unfortunately this leaflet has not drawn attention of philosophers because it ought to have done. Gandhi wasn’t solely a good politico; however, a thinker and a critic of up-to-date civilization Gandhi's criticism of contemporary civilization might seem dogmatic, strange and extremely uncommon on the surface, all the same through his criticism Gandhi paves the approach for a brand-new social order. Gandhi may be thought to be a social thinker Like all different classical philosopher, he presents before us a vision of man and society. The 'Hind Swaraj• can be regarded as the 'Bible of Gandhian Thought'. This book, as a matter of truth contains the primary formulation of his ideas. Even twenty to thirty years after its publication he didn’t want it form any modification in It except a word here and a word there. Rather he declared that he had for the duration of tried to measure in keeping with the principles enunciated in this book. However, the most important objective of the book was to supply a critique of western civilization. By approach of providing a critique of western civilization, Gandhi in this book tried to stipulate the principles of recent civilization, that he hoped can make individual and social life worthy of existence. Gandhi's thoughts concerning politics, religion. faith etc. are enshrined in this book. This booklet was originally published in Gujrati in 1908 and later on translated into English. Although thin in size, the Hind Swaraj, is admittedly the work of art of Gandhi’s thoughts. His later thoughts may be derived back in Its germinal type to this book. His later thoughts owe their origin to the 'Hind Swaraj, Philosophy, as is known now-a-days within the Anglo-American world stands for logical ideas, concepts or categories. It is construed as a critique of language, thought or communication. this type of variety of expounding owes its origin in the main to the logical positivists. The positivists claimed that philosophy cannot study reality or the globe directly. Philosophy doesn’t offer us any positive data or information concerning the world. Its sole task is to dispel or remove away ambiguities and unclearness.8,542 views -
Report on Yerwada Prison
Student at Symbiosis Law School, Pune, IndiaPages 1494 - 1504Yervada central prison was built by the British in 1871. It was then outside the city limits of Pune. The jail spreads over 500 acres and it is regarded as one of the largest prison of South-Asia. It provides accommodation for over 2500 inmates and currently it is occupied by over 6000 inmates. Over-crowding has always been a problem here which further leads to poor living conditions of the inmates. This has lead Maharashtra State Human Rights Commission (MHRC) to issue a notice regarding the same. This paper critically analyses the prison administration of the Yerwada Prison. The author also puts some light on the legislative and judicial reforms while providing suggestion for the same.1,279 views -
Sexual Violence – Spread of HIV/AIDS in Armed Situations
PHD student at VIT School of Law, IndiaPages 1505 - 1514To understand the synergistic relationship between conflict, sexual violence and HIV/AIDS one must, first, examine the relationship between conflict and STIs; conflict and sexual violence; and sexual violence and STIs. This chapter will begin with a review of the literature that has found a correlation between war and increased prevalence of STIs among military personnel and conflict-affected civilian populations. The chapter then presents the research findings concerning the relationship between sexual violence and STIs. The research findings are taken from various academic and non-academic sources and are based on studies that were conducted in different conflicts in the world.986 views -
Confessions made in Police Custody along with Landmark Case Analysis
Student at Symbiosis Law School, Pune, IndiaPages 1515 - 1522Confession to police not to be confirmed in regard to Section 25 of the Indian Evidence Act, 1872. Due to this, any confession made to the police by the perpetrator should not be regarded as confirming any offence against him. Similarly, Section 26 of the Indian Evidence Act, deals with the accused's confession, but it is not sufficient to prove that he is in police custody. It says that unless made before and against the judge, no confession made by any person in the custody of a police officer must be proved against that person. However it is possible to accept facts discovered subsequent to said confession in the road. In order to prevent undue police violence during the investigation of the perpetrator, all forms of confessions are deliberately and expressly omitted. The confession issued is extremely likely to be subject to influence and not voluntary. Whatever the type may be, actual, articulated, suggested or derived by actions, such a confession would be meaningless.2,745 views -
Medical Negligence and Fixation of Liability
Student at Symbiosis Law School, Pune, IndiaPages 1523 - 1534At the beginning of this article, the effects of medical negligence under large heads are outlined, accompanied by an outline of the essential components of medical negligence and the roles of physicians, along with some examples and the basic levels of treatment prescribed by statute. To differentiate between criminal and civil liability and its implications. Also, how commercialization of the health sector has had adverse effects on doctor and patient liaison. To understand the scope of consumer fora in such cases. The article then deals with the essence of the details needed to be given to the patient for the purposes of consultation and care and ends, after a reference to the general consultation issued by the Supreme Court on the precautionary steps to be taken by physicians and the guidance issued by the Supreme Court for the safety of physicians from abuse in cases of criminal prosecution. Whether these laws are fair and reasonable? How Co-vid have made an impact in all of these.1,050 views -
Disaster Management System in Indian Legal System: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1535 - 1542Disaster control may be defined because the management of the resources and diverse duties of the people in coping with the numerous components of the emergencies and diverse recoveries which can be carried out that allows you to lessen the effect of the catastrophe. This research article attempts to expose diverse stages of disaster management i.e. the attempts taken earlier than the catastrophe, all through catastrophe, after disaster. this text also indicates various legal guidelines which have been enacted with the aid of the parliament concerning protections of pollutions and prevention of catastrophe and also shows the punishment against the person that violate the diverse provision of the legal guidelines.979 views -
Globalization of Radical Islam Politics
Student at Symbiosis Law School, Nagpur, IndiaPages 1543 - 1547The article gives a brief about radicalization of politics by the Islam religion it indicates how few organizations like Jaish-e-mohammad, ISIS misuse islamic scriptures or holy Books like Quran and Hadith and misinterpret it and use it against whole Mankind society. The article talks about how this Radical politics is affecting each individual whether he or she is from Asia, America or even Europe as Europe is now highly targeted by these groups as they are increasing there population in these regions and trying to influence there politics. They are targeting areas as they did in Asian countries like India and they are leading there missionary process from there by constructing Madarsa, and other islamic Institutions. The article States that Islamic Followers need to reinterpret there scriptures and Holy Books, so that radicals could not mis use it and various other actions are stated in article which need to be initiated for welfare of mankind.1,081 views -
Farmers’ Laws, 2020 A Salt and Pepper Outlook
Assistant Professor, Government Law College, Chengalpattu, IndiaPages 1548 - 1554Though agriculture is a backbone of our country but still every day farmers are sailing in a boat without paddle. After Independence our Indian Government passed many land reform laws for the welfare and upliftment of farmers. Due to Globalization and emergence of technological advancement, our Government decided to set up a new trend in the field of agriculture which resulted to the enactment of three legislations under one roof called “Farmers’ laws - 2020” namely, Farmers (Empowerment and protection) Agreement on Price Assurance and Farm Services Act, 2020, Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 and Essential Commodities (Amendment) Act, 2020. This Paper tries to assess the scope and object of the three legislation to conclude whether is it truly benefited or not to the life of farmers.919 views -
Speedy Trial: A Constitutional Point of View
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1555 - 1567There is a serious case concerning the legal and judicial system's defective condition which is solely responsible for the notorious delay in disposing of cases due to this gross refusal to give justice to under-trial prisoners in India. This paper examines past judgments by the Supreme Court of Indian Affairs and attempts to analyse how the American judiciary has been able to deal with the problem in order to speed up the proceedings. Speedy trials are the essence of criminal justice and there can be no doubt that delay is a denial of justice by itself. Any delay in a system of every kind leads to the failure of the justice system and this problem is certainly a gross victim of India. The very foundation of the Jurisprudence Criminal Proceedings would certainly be undermined if corrections are not taken with alacrity. Justice must be done, as they say, as well as appearing to have taken place. When the rights of any person are infringed, he mainly pronounces a sentence "I'm going to see you in court." It shows faith in the judicial system by individuals. However, one of the main problems of the judicial administration is the problem of delay in the disposal of cases pending in the Court, even though this has been with us for a long time. In some states, it is reported that a few sub-proceedings spent more time in prisons than was provided for the maximum prison term. This sort of troubling situation hasn't been overlooked. Critical observation has been made by the mass media and the high judiciary regarding cases which have come to light. The provisions on speedy justice referred to in the Indian Constitution are discussed here.1,677 views -
Critical Analysis of Education Reform 2020
Student at Symbiosis Law School, Nagpur, IndiaPages 1568 - 1571The article gives a brief knowledge about New Education Policy introduced by Union Government in the year 2020 for the welfare of students, It States about what are different strategies are introduced by government as government distributed segments in classes by there learning capacity as now early classes like Play school or nursery will also be included in curriculum of union education department they have introduced the segments of 5+3+3+4 instead of 10+2 segment. Government is also planning to engage more share of GDP in education for the welfare of Human Resources. This time the Government introduced the practical approach towards the education which will lead to increase of mental capacity of an individual student. Government also introduced new policy for higher education or University education student. The article talks about each and every aspect of the new policy like how it will be introduced, how it will affect students and teachers and what are its pros and cons.4,264 views -
Online Education: Betterness and Bitterness
Assistant Professor, Government Law College, Chengalpattu, IndiaPages 1572 - 1578Education to Children determines the stability of future India. Since Independence our Indian Government made many education policy to strengthen education system. In this scenario a sudden tremor globally due to Covid-19 pandemic which totally tilt the education of children. But still as like light house to the sailor Online education brings hope in the mind of the children for restoring their education. This paper analyse Online education as a coin which has two faces.3,571 views -
Uniform Civil Code: Its Enforcement in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1579 - 1590At the time of the origination of constitutionalism in India, the framers of the Indian Constitution were of the view to have a Uniform civil code for their citizens as represented in Article 44 of the Indian Constitution which lays down that “The state shall work towards administering the same set of civil laws to govern the people belonging to different regions and religions.” This article is about the study of much debated topic of suitable legislation on Uniform civil code for all the citizens of India. The Supreme Court of India through a number of judgements have taken a forward step towards the establishment of Uniform civil code ,but still no concrete step has been taken so far in this regard. It is due to the unresolved debate on the Freedom of Religion which is granted by Article 25 and Article 26 of the Indian Constitution. Moreover, the Supreme Court of India in its observations has made it very clear that Uniform civil code does not invade upon the “Right to Religion”. Through this article the idea of the Uniform civil code is proposed by keeping in mind the history of the country, its complex culture and as well as its current political and social scenario.1,968 views -
Honour Killing
Student at Symbiosis Law School, Pune, IndiaPages 1591 - 1601Honour killing basically means the killing of a relative, especially a girl or woman, who is perceived to have brought dishonour on the family. Honour killing is killing a person, maybe a male or a female, who does not accept the marriage arranged by the family or chooses to move her marital life as per her or his wish just because it brings down the honour of the family. The supreme authority of the family looks after the name of the family but forgets to think about the love and affection shared with the member of the family. Life is so unpredictable. No one knows the next minute of life. In such case, every human has the right and wish to live the life up to their willingness. No person shall be compelled to live a life for the benefit and name of others. This type of killing happens because of certain triggers which are also discussed with the role of law in honour killing. No person can be left free if they violate the law and in such case this is a crime violating many provisions set up for the protection of the citizen. When the husband is of low range, it eventually reduces the status and caste of the female family which induces the male members of the family to kill the girl. But they forget that the girl is their child where status can be gained and but girl life can never come back and caste is not precious than the life and love spent by the girl with them.998 views -
Statutory Frame Work of Corporate Social Responsibility in India
Assistant Professor at Ramaiah Institute of Legal Studies, India.Pages 1602 - 1610In today’s transnational corporate operation corporation is getting recognized worldwide, but the impact on the society and environment is depraved. The norm -corporate social responsibility grew out of such logical behavior of the transnational corporation. The concept of Social Responsibility (SR)can be traced back to the 1930s Chester Barnard’s publication “The Functions of the Executive and Theodore Krep’s “Measurement of the Social Performance of Business published in 1940 .The 1950s saw the start of the modern era of Corporate Social Responsibility and later it was coined by Howard Bowen in 1953. India is the first country in the world Corporate Social Responsibility to make corporate social responsibility mandatory. In India The Companies Act 2013 for the first-time mandates that private corporations join public sector firms in annual donations for Corporate Social Responsibility. CSR can be termed as “Triple-Bottom-Line-Approach”, which is meant to help the company promote its commercial interests along with the responsibilities it holds towards the society at large. The present research paper explores the extent of Corporate Social Responsibility and the development of CSR in India.998 views -
The Unwritten Constitution provides Greater Opportunities for Human Rights: A Comparative Analysis of the Constitution of India and U.K.
Assistant Professor at PSIT College of Law, IndiaPages 1611 - 1623The Constitution is the supreme law of any nation, which forms a base for all other laws and protects the basic spirit of democracy and the rights of individuals. The Constitution of India is a written document comprising several Article and Schedules. On the other hand, the U.K. Constitution is a set of laws and rules, creating state institutions and regulations for the relationship between those institutions. The Constitution of the UK is not codified in a single document. In this research, the human rights aspect as related to the Constitution is discussed. In Contrary to many states during the nineteenth century, the U.K. stayed devoid of revolutionary fervour. As a result, U.K.’s democracy has been reformed tremendously over years rather than in one loud explosion. Codification of citizens' rights and political systems was a crucial step toward independence for fledgling countries, like the United States and Australia. Surprisingly, some countries modelled their written constitutions on the unwritten constitution of the United Kingdom. The Constitution is needed for the governance of basic laws and to maintain what principles should an enacted law be based upon. The Constitution of a country is the supreme law of the land, and thus, no other law can violate the basic principles of the Constitution. It gives a reassuring certainty to the principle of rule of law and guarantees the rights to the citizens of the nation. It acts as a protector of the human rights of the people and reduces the chances of an arbitrary action of the government. The research aims at testing if the unwritten Constitution provides greater opportunities for human rights keeping in context a comparative analysis of the Constitution of the United Kingdom and India. For this research, the basic structure, the principle of rule of law, judicial review, the doctrine of separation of power as applicable in the two countries are analysed and a comparative analysis of the scope of human rights provided under the written Constitution of India and the unwritten Constitution of the UK is given.1,698 views -
Copyrights and Laws Related to Copyright with Significance to Intellectual Property Rights
Student at Raffles University, IndiaPages 1624 - 1635Intellectual Property Rights forbids individuals from reproducing any original work for any commercial use. IPR is traditionally divided into 2 parts Copyright and rights related to copyrights and Industrial property. Industrial property deals in the dimensions like patents, geographical indications, trademarks, etc. Whereas copyright laws deals with original literary, dramatic, musical, and artistic work, cinematograph films and sound recordings. Copyright law is a form of intellectual property which is the creation of a specific statute. It provides monopoly rights to the authors and negative rights to the infringers. The prime object of the copyright law is to forbid individuals from copying an original work. The Copyright Act, 1957 governs the various factors related to original literary, dramatic, musical, and artistic work, cinematograph films and sound recordings. Section 51 of the Copyright Act, 1957 governs infringement of copyright. Section 2 gives the definition of terms applicable in the Act. There are three types of remedies available in the Act which are Civil remedy, Criminal remedy and Administrative remedy. Some flaws and shortfalls are there in the Act which could be corrected; however, the Act provides many benefits to the authors and encourages individuals to create more creative exertions827 views -
Crime of Voyeurism and Stalking in India: Issues and Challenges
Ph.D Research Scholar at Dept. of Law, North-Eastern Hill University, (A Central University) Shillong, India.Pages 1636 - 1653The condition of women in Indian society in terms of facing crime is not appreciating; at this juncture, the increased numbers of crimes against women, responses from the law enforcement agencies are a matter of discussion and finding out of effective solution. The subject matter of this article is simply an attempt to analyse the role of police in the investigation process in offences of voyeurism and stalking. This paper discussed the concept of voyeurism, stalking, and judicial contribution to it. Ever since the incorporation of new offences such as voyeurism and stalking has taken place in the Indian Penal Code, 1860 through the Criminal Law (Amendment) Act, 2013 the role of Indian Police in the investigation becomes a major concern. No doubt still there are many areas where reforms are needed in the Indian criminal law and police system, be it the inclusion of more information technology in the crime investigation, bifurcation of police in the maintenance of law and order, and investigation. Public awareness, vigilance, participation in maintaining law and order and gender-neutral definition will to some curb the menace of such emerging crime.1,862 views -
Should Federal Prisons Restrict the Use of Solitary Confinement? Examining Solitary Confinement in the United States – A Research Study
Ex-Litigation Associate at ROYZZ & CO, IndiaPages 1654 - 1670Over the last two decades, the use of solitary confinement (“Solitary Confinement”) in the United States correctional facilities has surged. Before 1990, super–maximum security (“supermax”) prisons were rare. Now, 44 states and the federal government have supermax units, where prisoners are held in extreme isolation, often for years or even decades. On any given day in this country, it’s estimated that over 80,000 prisoners are held in isolated confinement. This massive increase in the use of solitary has happened despite criticism from legal and medical professionals, who have deemed the practice unconstitutional and inhumane. And it has happened despite research suggesting that supermax prisons actually have a negative effect on public safety. As a part of the growing movement for reform, recommendations are made to end solitary confinement, contending that this is to the benefit of prisoners and prisons, as well as the communities to which prisoners will return. Although the reform of solitary confinement is underway in many states in the USA, isolation remains in widespread use in many jails and prisons. In the current Biden administration, the Congress has introduced a new Bill (“Bill”) that would amend title 18 of the US Code to restrict the use of solitary confinement for inmates in the federal custody. This Bill was introduced in the House of Representatives on April 01, 2021 and is currently awaiting votes by the full chamber on the Bill. Already, eighteen states, including Connecticut, have passed bills that limit or prohibit solitary confinement in the United States (“U.S.”/ “United States”). The purpose of this paper is to discuss the background of Solitary Confinement and its history, its negative effects on the society and the growing movement for reform in the United States and the Solitary Confinement Bill which is awaiting to become a law.1,014 views -
New Trend in International Commercial Arbitration Third Party Funding
LLM Student at Shobhit University, IndiaPages 1671 - 1681With the advent of globalisation, international trade and business achieved new heights and the world has become a single market. Many counties see the unimaginable growth and their reserves and the economic conditions have been improved. Dispute is the integral part of development when there is development there are some disputes arise which make this development more easier accessible and stable. Similar happened with the international commercial arbitration. International commercial arbitration has been the first choice among trade and business related disputes. As in any company large sum of money is involved so no company or organisation will take risk to approach the court and involved in the courts lengthy procedure. Third party funding is the latest topic and currently discussing by the jurist and the arbitrators. Third party funding is a financing technique that entails bona fide specialist suppliers funding litigation or arbitration who are neither parties to the issue nor directly associated with it, and whose primary interest is possible profit in exchange for providing finance. The concept of Third party funding is the most rapidly expanding and debatable problematic subject in international commercial arbitration. When a non-party, meaning a third-party funder to a dispute, funds all or a portion of the arbitration expenses for one of the parties in exchange for a percentage of the sum recovered as previously agreed, this is referred to as Third party funding. It is similar to litigation financing. In India, third party funding has its own limitations because if third party funding is not regularised, Third party funding will become a matter of chance either the party will win or loose and this will become similar to lottery and lottery is banned in India by several acts and procedures. Different countries have different views about third party funding. So it has many issues and concerns involved in it.1,241 views -
Admissibility of DNA and Forensic Evidence in Criminal Cases
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1682 - 1694“Punishment is not for revenge, but to lessen crime and reform the criminal” ~ Elizabeth Fry India is a country having a very much diverse population and vivid culture. The socio-economic culture of our country is very diverse and people of our country belong to all kinds of groups, backgrounds, culture, community, religion, etc. Naturally, the people of the country and everyone residing in the country, all have a very different economic and educational background. The illiteracy rate of our country ranges between 15-20%. The poverty rate in the country is about 28%. These factors play a majority role in giving birth to crime against women such as murders, sexual assault, rape, molestation, and crime against property such as theft, snatching, fraud, etc. As per the latest data of the National Crime Records Bureau (NCRB), the crime rate in country is 3.08%. With growing time, the crime rate is also increasing. Our government time to time brings changes in the policy and schemes for the over-all development of the society. But it is a long process and till the time, crime rate is decreased substantially, the criminal justice system has to become robust and smooth in order to convict the guilty. In our country, criminal justice system is dealt under laws such as Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act. Indian Penal Code is the substantive law while, Code of Criminal Procedure and Indian Evidence Act deal with the procedural aspect. One aspect of the procedural law is the collection and admission of evidence to solve criminal cases. In this context, the new age technology has opened ways for the admission of Forensic and DNA Test in the criminal cases. In this research article, we will discuss the advent of Forensic Evidence, the laws related to the admission of forensic evidence and various conflicts that come along with the admission of forensic evidence.1,099 views -
Patents in Sports Technology and Patentability of Sports Moves
LL.M. Student at O.P. Jindal Global University, IndiaPages 1695 - 1708The Patents Act, 1970 confers exclusive right of exercise to the inventor over the subject matter of protection for a specific period which is 20 years. The Subject matter of protection under the Patents Act, 1970 includes any invention which is a new product or a process involving an inventive step and capable of industrial application. Grant of patent for an invention or a process involves a thorough procedure. There must be a rationale behind the grant of patent in order to clarify the relevant technical details that a person ordinarily skilled in the art should by merely reading of the description able to comprehend and carry out the invention. This paper covers in detail the Paris convention for the protection of Industrial Property and mentions other important conventions and treaties. Patents in Sports technology has been the most crucial part for the growth of sports industry not just in India but across the globe. This paper comes across some important inventions in different fields of sports such as Basketball, Football, Horseracing etc. It also includes some of the controversial inventions for which the patent had been granted. Another major chunk of this paper covers the patentability of the sports moves and the contentions in favor of and against the motion of patentability of sports moves. Should the sports moves be granted patent protection in India as there seems to be possibly narrow chances of seeking protection under this law. But the laws pertaining to patents in the USA offer considerably much higher chances of seeking protection for a sports move.1,806 views -
Secondary Victimization of Women in Rape Cases – An Analysis
Advocate at Art of Living Foundation, Bengaluru, IndiaPages 1709 - 1726Crimes against women have continued their upward trends in recent days and it does not remain just a matter of domestic law, but since India has ratified International Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), therefore protection of women from any kind of discrimination becomes obligatory, and here is where the need for an impartial and efficient Justice system comes into play. Such crimes can be prevented if the police machinery works in a more organized and dedicated manner . But the question remains that whether changing the law brings real changes in the society. Even though the Judiciary has been fairly strong and active in implementing the laws, the Criminal Justice system delays the process . Till the enforcement of the laws is done properly by the Police and Courts, the Criminal justice System will fail to serve its purpose. Victims need to feel that they are an integral part of the Criminal Justice System and are not disregarded . Law is there as a very rough guide and must be considered as the means to achieve justice. The Malimath Committee suggests ways and means to develop such synergy among the Judiciary, Prosecution and Police that restores the confidence of the common man in the present Criminal Justice System by protecting the innocent victim and by punishing the criminal . Women should be able to rely on the justice system which is not biased and is free from myths and stereotypes, and on the Judiciary whose impartiality is not compromised in any situation. Justice is not a means but it is an end in itself which everyone who is right on their part deserves.1,640 views -
Envisioning a Constitutional Right to Pornography
Student at NUALS, Kochi, IndiaPages 1727 - 1745The creative depiction of sex, sexuality and any associated concepts have since time immemorial been believed to be morally repulsive to the majority society and have been assumed to be morally degrading, so much so that even genuine literary or artistic works on such themes have been subjected to strict censorship citing grounds of public morality and decency. Almost all countries prefer substantial censorship if not outright prohibition on the sale, distribution and display of sexually explicit books, magazines, films or other materials. This article seeks to approach the efficacy of such restrictions on pornography on three fronts. On the philosophical front, this article advocates for a Utilitarian Approach which stipulates determination of censures after a collective deliberation and an egalitarian decision making on the basis of equal consideration for individual autonomy and public safety. Secondly, this article tries to discern whether it is feasible to derive a constitutional right to pornography from the existing cluster of rights to free speech & expression, right to liberty, right to privacy and to bodily autonomy. Finally, the shortcomings of the currently applicable test for obscenity shall be evaluated, and an alternative test which unambiguously segregates obscenity from erotica on the basis of the harm posed by each form of pornography shall be proposed to replace the current standards of obscenity.958 views -
Ethnic Fanaticism and Ethnic Divide: A Tale of Conflicts in India
Student at Xavier Law School, St. Xavier's University, Kolkata, IndiaPages 1746 - 1753This article aims to highlight the instances of ethnic fanaticism in India. Such activities of fanaticism involve linguistic nationalism, communal antagonism, tribal conflicts, etc. India being a diverse country is home to a variety of cultures, people practise different faiths, speak different language and observe various festivities owing to their festivities. No wonder that the diversity of India rests on the buttress of coexistence among various ethnicities, but such prescence of multiculturalism has time and again led to skirmishes within the country. Such hostilities can be traced to the pervading fanaticism in the Indian society. Fanaticism among a group of people, more often than not, causes antagonism in the minds of that group members towards people of other groups. Incidents involving communal violence or afray can usually be traced to fanaticism. Such incidents have caused destruction within the social fabric. This article aims to explore such instances having their roots in ethnic fanaticism3,464 views -
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979- A Critical Perspective
Student at BMS College of Law, Bangalore, IndiaPages 1754 - 1769The process of migration takes place frequently and migrant workers are found everywhere. Several factors including demographic factors, economic factors, political factors and so on contribute to the behavior of human migration. There are different kinds of migrant workers like inter-State migrant workers, intra-State migrant workers, international migrants and so on. At the domestic level, it becomes imperative to focus on intra-State and inter-State migrant workers. In India, we have several Articles contained in the Constitution of India, 1950 conferring a plethora of rights to migrant workers and members of their families. Also, there are several judicial decisions and interpretations that have broadened the welfare mechanism. Further, a significant legislation namely the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was introduced in order to safeguard the interests of inter-State migrant workers. It was fabricated to combat the Dadan Labour system prevailing primarily in the State of Orissa. This particular piece of enactment contains several provisions aimed at the welfare of migrants. However, by conducting a critical analysis of the above mentioned statute some of the loopholes come to light. This paper seeks to analyze the Indian Constitutional and legislative framework in view of Inter-State Migrant Workmen Act, 1979 in detail. It also discusses the lacunae in detail and seeks to make recommendations on how the legal framework can be improved. These recommendations will help to secure the rights of migrant workers more effectively and efficiently.1,689 views -
Relationship between Globalization and Economic Rights
Student at Symbiosis Law School, PunePages 1770 - 1777The term "globalisation" includes a variety of political, sociocultural, economic, and business environment that have changed the world over last five decades, ranging from the much-heralded development of information technology to the blending of geographic, political and economic borders of our globe where cross-border movement of information, movement of goods and services and investment is reaching new heights on a daily basis. This paper focuses on the impact of globalisation on human rights protection, specifically human rights protection under international human rights laws majorly highlighting Economics rights and its relationship with globalisation. The researcher has tried to answer whether globalization promote economic rights or are economic rights promoting globalisation and determined the relationship between economic rights and globalisation972 views -
A Study on the role of Power Dynamics Impacting Superior-Subordinate Relationships
Student at NMIMS KPMSOL, IndiaPages 1778 - 1783The objective of this paper is to examine how power dynamics affect the relationship between superior and subordinate. This paper provides a preliminary insight into various aspects through which power dynamics affect the constituted hierarchy and ultimately, impact the over-all performance of the organization. Alternative methods can be used to further the research carried out. Power is pervasive in all formal and informal organizations. It can have numerous wide-ranged implications on the communication and performance of all members of the organization. It builds a system of hierarchy where the usage of power by a superior determines the behavioral patterns within the framework. Though there are positive affects of this convention, misuse of autonomy is still observed. It is of utmost importance for the organization to abridge this by making the dialogue more candid and setting up a workplace environment that leads to employee productivity and holistic development. The paper presents an intricate study about comprehending the role of dynamics of power in influencing the superior-subordinate relationship. Research on power and hierarchy has been vastly done but narrowing its two-fold impact and providing practical solutions to curb the misuse of this power presented in this paper adds to its value.1,684 views -
IRP- Consumer Surveys: Can they be Conclusive Proof of Eliminating likelihood of Confusion or Proving Distinctiveness of a Trademark
Student at OP Jindal Global University, IndiaPages 1784 - 1794A consumer survey is the instrument which is used to collect data on the attitudes and beliefs of consumers towards the concepts, products or names. The data is collated by various means inclusive mainly of the consumer queries through telephone contracts, shopping malls and the Internet. Litigants often use these surveys to convince the court if consumer confusion exists or not amongst trademarks in cases that allege trademark infringement. These consumer surveys help in providing direct evidence about the consumer perception that may lack in expert testimonies. Further, these surveys provide elicit multifaceted information with regards to perceptions which mere visual comparisons made between trademarks are unable to provide. In my paper I would talk about the various stances that have been taken by EU with regards to consumer surveys being an admissible evidence before the court of law. Further, I would talk about the various stances and conditions that have been taken and laid down by the High Courts of India while considering survey evidence as admissible evidence before the court of law. Further, I would elaborate on precise instances and cases to depict the same and if any certain law has been passed to the same effect recognizing survey evidence as an admissible evidence to prove the distinctiveness of the mark.982 views -
A Case Study on Transnational Mergers and Amalgamation
Student at Symbiosis Law School, Hyderabad, IndiaPages 1795 - 1806“Transnational enterprises which means those enterprises which own or control production or severe facility outside the country which they are based” . Therefore, transactions in forms of mergers and amalgamation, that create or assist such Transnational Enterprises, can be understood as Transnational Mergers and Amalgamation. There is no particular law that deals with such transactions, as due to the international presence of the same it becomes really difficult to create a pre estimated legislature regulating the same on a national level. In the paper the researcher shall explore the legal framework surrounding such transactions. And furthermore, explore the concept in hand with the help of various recorded transactions, case studies, namely; Bharti Airtel, Ranbaxy and Jet Airways. Though we have made tremendous evolution for governing transnational mergers, there is still room for improvement. This improvement will not be as significant of an improvement that the 2013 Companies Act was over the Companies Act 1956, or further it might not be as impact full as the Competition Act 2002 following the Raghavan Committee. However, there are still some needed changes. Such are the changes suggested by the researcher in entirety of this paper.1,441 views -
Response paper to “The Law is a Fractal: The Attempt to Anticipate Everything” -Andrew Morrison Stumpff
Student at OP Jindal Global University, India.Pages 1807 - 1812Andrew Morrison Stumpff’s paper, “The Law is a Fractal: The Attempt to Anticipate Everything” is very intelligible and seemingly rather simple, which he manages to achieve with excellent analogies and examples. The author has managed to evoke some relevant and important questions which are worth pondering. He argues that the act of anticipating every single outcome, by the rule writes, creates complexity in law. This argument provokes the question of whether simplicity in law is what the rule writers should aim for? This response paper will attempt to reflect on his article by elaborating on the points that the author has put forth, points which we are in agreement with, points of disagreement, and our critique.2,089 views -
Judicial Innovation: Recognition of Live-In Relationship in India
Student at Alliance School of Law, Alliance University, Bengaluru, Karnataka, IndiaPages 1813 - 1824In most of the places it is legal for couples to live-in relationship without getting married although in Indian society unmarried couples living together is not considered good for the society and generally not accepted by Indian families. Few states still prohibit fornication, and any type of sexual relation between unmarried men and women. But such laws are no more enforced. There are no specific laws on the subject of live- in relationship nor it is recognized by the Hindu Marriage Act 1955.In absence of any statute the court did try to shed light on it though some of the judgments given in certain cases like *Badri Prasad vs. Deputy Director of Consolidation *Payal Katara vs. Superintendent Nari Niketan Kandri Vihar Agra and Others In case of S. Khushboo vs. Kanniammal & Anr. The court held that “LIVING TOGETHER IS THE RIGHT TO LIFE”. Domestic violence Act 2005 For the very first time in the protection of women from the domestic violence Act,2005(pwdva) the legislature has acknowledged live-in relationship by giving rights and protection to those females who are not married and living with a male partner in a relationship. Live in relationship has always been a debatable topic and in the present time it is one of the most focused topic as many new cases are coming in Indian courts related to rights and advantages that are given to the couples who are considering live in relationship over marriage. There are many laws which are formed regarding live in relationship recently and many of the couples are choosing to live together without any bondations of marriage and any type of religious ceremonies or any of the legal bondations by any type of legal authority.1,215 views -
Protection of Well-Known Trade Marks in India
Student at Central University of South Bihar, Gaya, IndiaPages 1825 - 1832This Article is about, “Protection of Well-Known Trade Mark in India”. It lays down all the necessary rules, regulation and laws which are required for protecting Well-Known trademarks. Trade Marks Act, 1999 recognizes Well-known trademarks and lays all the determining factors as well as the documents needed while filing for protection of well-known trademarks. There are also some renowned Indian case law regarding infringement and protection of well-known trademarks. This Article helped readers to understand the economic significance of Well-known trademarks and why it is necessary to provide protection which boost economy of our country.1,430 views -
Brand Analysis on Zindatilismath
Student at Symbiosis International (Deemed) University, IndiaPages 1833 - 1841The current research study is a brand analysis on “Kharkhana Zindatilismath”, one of the oldest brands in India to sell unani products. This widely recognized products in the Deccan region of India is a must have in every household, this study will help us understand the why zindatilismath did not loose its ground even in todays market and continues to stay relevant. Through this paper the author will dwell into the various strategies and tools implemented by Zindatilismath that made it a success story and the brand gaining a large pool of loyal customers in the market. Further, this paper will study the past, present and the future prospects of this brand.1,056 views -
Agriculture Model and Measurement of Survival Income in Wheat Cultivating Farmers under Different Land-Holding Categories
Social Economist and Consultant, IndiaPages 1842 - 1854The three main crops in the world are rice, maize and wheat. In 2019, India was behind only China in wheat and rice production, while at the seventh position in maize cultivation (FAO statistics). Fifty-nine per cent of the Indian population is engaged in agriculture and contribute 23% of the GDP, 70% of the rural household depends on agriculture, and 82% of the farmer's population belongs to small and marginal farmers. Despite 275 million tonnes of total food grain production in 2017-18, India is a home of 190 million undernourished population (India at a Glance, 2021). The research focus is to measure the role of Minimum Support Price (MSP) in enhancing the living standards of different categories of agriculture landholders engaged in wheat cultivation, and for analysis purposes, it develops a model relating production cost, the effect of high and low yield on crop income and MSP rate (3 categories at MSP, above 20% of MSP and above 40% of MSP).921 views -
Significance of Veil through the Lens of Imtiaz Dharker’s “Purdah”
Research Scholar at Mody University, IndiaPages 1855 - 1863The present study aims to bring out the role of a veil along with the pain and suffering a woman has to undergo, to ensure equality of rights as compared to her counterpart. She is constrained within the four walls, be it the four walls of her veil (Burkha) or be it the walls of restriction. The objective of the study is to bring forth the oppression faced by women, through the work of Imtiaz Dharker’s 'Purdah I'. Therefore, it is an attempt to understand the hyped importance and value of a veil in a woman’s life and the role it plays in the society. Hence through systematic study, it aims to raise the question of importance of a veil in a society where this “Gender is negligible” and yet plays a significant role in understanding whether a veil is a form of oppression and suffering or a form of freedom, power, and security in a woman’s life.1,278 views -
Surrogacy and Reproductive Rights of Women in Family Law: A Critical Study with Special Reference to Indian Legislative Framework
Student at Bennett University, IndiaPages 1864 - 1871The institution of motherhood is considered as one of the most prime events in the life of a woman in Indian Society. Due to this reason, inability to attain parenthood has numerous societal and psychological consequences, which results into instability in marriages, social and emotional trauma as well as negated self-esteem in the lives of infertile women. The societal pressure to have children has resulted into evolution of ART Industry, which has rapidly grown in the recent decades in India. Nevertheless, an allied issue which has always persisted along with frequent usage of reproductive technologies such as surrogacy is the question of its legitimacy, due to various underlying controversies and complexities involved in the subject matter. Furthermore, the issue also raises some serious concerns with regards to personal freedom and reproductive rights of women in the light of self-determination of rights over one’s own body and usage of newer reproductive technologies as a medium of women empowerment. Amidst technical and procedural complexities involved while exercising newer forms of reproductive mechanisms, there exists fundamental question of a properly chalked out legislative enactment on the subject matter. The paper shall focus on determining the ambit and scope of surrogacy and reproductive rights of women in the country and will critically evaluate the present legislative regime on subject matter. The paper shall also articulate and assess proposed legislations on the subject matter in form of Assisted Reproductive Technology Bill, 2013 and Surrogacy (Regulation) Bill, 2016 and 2019. Doctrinal Research methodology shall be adopted while undertaking the research and reliance shall be placed on landmark decisions of Hon. Supreme Court and High Courts on the subject matter. Finally, an attempt shall be made to provide concrete suggestions and recommendations on the subject matter.1,099 views -
Critical Comparison of India’s new Education Policy with Global Education Policies
Assistant Professor at Asian Law College, IndiaPages 1872 - 1880Education is the very driving force of morals and principles in the students and a robust education system is an essential key in development of a nation. The Indian education system has come a long way from the Vedic period to the modern education system. There was a time when students had to leave their homes and live with their Guru’s (teachers) for about fourteen years to receive education; today we have everything remotely accessible, just a click away, even when we are hit by a pandemic. This shift came through after the establishment of British rule in India. The most appreciated feature of any system is its dynamic nature. Pertaining to this view, the New Education Policy, 2020 was introduced in India. The paper will focus on critically analyzing the New Education Policy, 2020 and the major lacunas that the policy possesses on the basis of the formulation and practical applicability. The paper will also throw light on the loophole’s that are probable in the applicability of the policy as the real success of any policy lies in its effective applicability. The paper also comprises of a distinct comparative study between the education systems of countries like Finland, USA and India. The comparison is based on how the new education policy, 2020 differs from the education systems of other nations and the scope of improvement by critically analyzing the key features of different education systems. Towards the end, the paper will deliver a concluding analysis based on the research conducted on the New Education Policy, 2020 and the present education system of the progressive nations like Finland and USA. The paper will also sum up all the key features of the New Education Policy, 2020 and it will also highlight all its prospective attributes.3,804 views -
Criminalization of Conversion Centres and Therapy: A Pressing Priority
Student at Department of Law, Veer Narmad South Gujarat University, IndiaPages 1881 - 1892“Equality means more than passing laws. The struggle is really won in the hearts and minds of the community, where it really counts” - Barbara Gitting. Homosexuality is not a disorder and should not be treated like one. The acronym LGBTQ+ is used as an umbrella phrase, and the community's health issues are frequently grouped together. Each letter denotes a separate community with its own set of health issues. Despite the fact that there is a little body of information on LGBTQ+ health, these stigmatized sexual and gender minorities have been the topic of comparatively little health research. The authors in this paper aim to create a valley of awareness for the mental wellbeing of this community. This paper expresses the concern for non-compliance of the law by the society after the decriminalization of Section 377. It aims to propagate the notion to criminalize conversion therapy and such centres which violate Constitutional and basic human rights by treating all homosexuals as mental health patients. It also throws light on the dark side of the society and the socio-legal impact of conversion centres on homosexuals. The assumption that homosexuality can be cured through conversion therapy is absurd and has no scientific reasoning. This paper further enumerates the international approach towards criminalizing such therapy and safeguarding the rights of homosexuals.1,121 views -
Is Judicial Accountability the Price for Judicial Independence?: The Search for Balance in the Indian Context
Student at O.P Jindal Global University, IndiaPages 1893 - 1896The behest for a more transparent and rigid State mechanism in order to ensure their accountability has gained immense momentum in recent years. If we talk about Judiciary, The Judicial Independence and Accountability are the two pre-requisites which are required for a transparent judiciary; and if they strike the right balance it enables the judiciary to enjoy both the public confidence as well as be embodied with sufficient power in order to ensure its functioning the way our Constitutions founding fathers intended it to. Our legal system suffers from endemic delays and while is widely perceived to be an expensive affairs, coupled with recent scandals with regards to judges has ended in loss of public confidence. There is a dire need for judicial accountability to arise from within, to ensure a system of operative checks and balances to prevent any unwarranted usurping of power. However, this has been met with resistance from within the judiciary, afraid of encroachment into the realm of its independence. This paper debates the ills which are affecting the Indian judiciary and then makes certain recommendations which can be adopted to ensure greater judicial accountability. “Judges are the essential equalisers. They serve no majority or any minority either. Their duty is to the law and to justice. They do not bend the knee to the governments, to particular religions, to the military, to money, to tabloid media or the screaming mob. In upholding law and justice, judges have a vital function in a pluralist society to make sure that diversity is respected and the rights of all protected.” -Justice Michael Kirby939 views -
Criminalizing FGM/C Practice in India
Student at Amity University, Lucknow, IndiaPages 1897 - 1908Ensuring access to quality of life, right to life and a freedom to live to the citizen is one of the fundamental responsibilities of a welfare state. The purpose of this paper to outline the unspoken truth of the Country, highlight how a girl must sacrifice their fundamentals rights just for some crueler cultural activity like Female Genital Mutilation although it is not mentioned in any of the major religious book like Quran and Bible. Further the paper will analyze how a country should criminalize this FGM/C practice which is only a sign of Myth. Female Genital Mutilation violates the several human rights mentioned under the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination against Women, and the Convention on the Rights of the Child. Country like India where number of rules are implemented for preventing and protecting the rights of women and child this issue also should be rise and criminalize this practice.1,155 views -
Critical Analysis of the Position of Law on Joinder
Student at O.P Jindal Global University, IndiaPages 1909 - 1912Joinders is the process used in arbitration to add on-signatories to the arbitration agreement and arbitration proceedings. Increasing the scope of the arbitration proceedings should be done only after detailed analysis of the factual position and should be limited to cases where the third party’s inclusion is absolutely necessary to deliver justice. The Arbitration and Conciliation Act, 1996 ("Arbitration Act") does not lay down a procedure for adding non signatory or third parties to the arbitration. The courts first determined its legal footing in the case of Dow chemical v. Isover Saint Gobain. The reason behind allowing joinders was the group of companies doctrine and the presence of mutual intention to be included in the arbitration. Since then, the evolution of joinders has evolved due to case law and the 2015 amendment to the Arbitration Act.1,280 views -
Admissibility of Illegally Obtained Evidence
Student at O.P Jindal Global University, IndiaPages 1913 - 1921Often authorities indulge in illegal means for collecting evidence, and in certain situations this evidence is sufficient for the culprit to be held guilty. There are several methods by which evidence may be illegally obtained, e.g., by eavesdropping, illegal search, violating the body of a person and other methods which shock the human conscience as well as one’s fundamental rights. Under the Indian Law there is no statutory prohibition against illegally obtained evidence under either the Indian Evidence Act of1872 or the Code of Criminal Procedure of 1973. Therefore, the Indian judicial system follows the traditional approach according to which the means of obtaining evidence does not affect the admissibility within the court. The Law Commission of India in its Ninety Fourth report stated that there are four models in the Common law countries with regards to the admissibility of an Evidence, which are as follows- 1) Strict Approach – the strict approach is followed in nations like India wherein the illegality or the illicit means of procuring the evidence does not render the evidence obtained as inadmissible in the court. 2) Moderate approach – these situations arise in in nations like Australia and Scotland wherein the admissibility of the illegal evidence or the improper means of evidence is determined at the time of each trial and rests on the discretion of the judges. 3) In the third category the evidence is excluded from admissibility by some specific statutory provision and such admissibility is in violation of some substantive norm of conduct 4) In the fourth category where countries like USA are included a constitutional guarantee or a judicial construction of a constitutional guarantee, excludes certain evidence from use at the trial, where the evidence has been obtained in the violation of such constitutional guarantee. In the United States the Fourth Amendment and the Fourteenth Amendment provides for such protection.2,704 views -
NRI Marriages: The Transnational Conundrum
Student at Campus law centre, DU, IndiaPages 1922 - 1937This research paper deals with labyrinthine of various issues involved in NRI Marriages. Largely it includes criminal offences in NRI marriages like cruelty by the husband or his relatives, criminal breach of trust by misappropriation of a woman’s personal property, dowry wrongs, abandonment of spouse, forced marriages, criminal neglect to maintain spouse, children or parents, bigamous marriages and commission of adultery. Lately, it has given rise to procedural controversies in the sphere of Private International Law itself, like parallel adjudication of matrimonial disputes which has further given rise to anti injunction suits. There are other set of issues which has raised legislative questions in India, for instance Inter parental child custody disputes has raised questions on India’s status of conformity with Hague Convention; whether “irretrievable breakdown of marriage” should be included as ground of divorce legislatively; revisiting the bilateral extradition treaties in order to curtail matrimonial criminal offences in NRI marriages, for example, to include domestic violence as a criterion for seeking custody of an accused. All these issues are result of the loopholes in Indian legislative setup on NRI marriages and sole dependence on judiciary in this regard. The answer therefore lies in giving NRIs law which is applicable to them as Indians rather than leaving them in a transnational limbo and letting them invade the Indian system with judgement of foreign jurisdictions which do not find applicability in the Indian system.1,452 views -
The Role of Judiciary in dealing with Environmental Issues: Section 133 of CrPC, 1973
Student at National Law University, Jodhpur, IndiaPages 1938 - 1945As we are living in a generation where protection of Environment is a necessity, Environmental Laws play a major role. This paper analyses such Environmental Law Provisions in India. The Pollution cases in India are generally categorised into five broad classes. These include Tortious liability, Nuisance, Trespass, Negligence and Strict liability. Under Chapter X, the Criminal Procedure Code deals with Public Nuisance. Section 133 of the Code of Criminal Procedure plays an important role in dealing with such Nuisance. Under this Section any district magistrate or sub-divisional magistrate, could issue a conditional order to stop such nuisance. The role of Judiciary in upholding, interpreting and widening the scope of Section 133 is assessed in this paper. The trend can be assessed as such that the Judiciary has played a pivotal role in curbing public nuisance by applying Section 133. There are limitation under the Section as all the conditions need to be followed by the Magistrate before issuing an order. In a country with various cultures and traditions, the need to educate public on environmental issues and removal of public nuisance is paramount.1,761 views -
An Analysis of the Right to Education and Human Development – The Indian Scenario
Assistant Professor at Saveetha School of Law, SIMATS, IndiaPages 1946 - 1956Human development is an approach focusing on betterment of human lives. One way of achieving this is through better education. Since developed countries, developing countries and under-developed countries have different circumstances and different needs, various international conventions have set out soft laws in the form of targets related to education for member countries to follow. India, being a developing country has amended its Constitution to adhere to these international laws. This has led to the enactment of the RTE Act, 2009. This paper discusses the benefits and drawbacks of the Act and concludes that although the Act provides for progressive measures, it lacks in providing a standard of quality for education. Additionally, the Act is silent about children below the age of 6 years. The paper also observes that the main reason for these drawbacks are due to the failure of international laws in considering issues relating to quality and pre-school education. Indian legislative measures strictly adhere to what the international law provides, failing to cater to its own specific needs. This therefore hinders fast-paced human development in the country.1,373 views -
Critical Analysis of Fugitive Economic Offenders Act, 2018
Ph.D. Scholar at Oriental University, Indore, IndiaPages 1957 - 1965The government's inability to deal with situations in which the offender departs the nation to avoid facing the prosecution for the crime is demonstrated by India's experience with economic crimes. The Fugitive Economic Offenders Act of 2018 intends to help the government recover property from fugitive economic offenders who are seeking to evade the Indian court system. Economic crimes including fraud, counterfeiting, tax evasion, money laundering, Benami transactions, creditor deception, and other related omissions are not obsolete. Despite the fact that the Act was designed to ease the immobility that prosecution powers were compelled to face owing to the absence of the criminal, it goes far beyond natural justice principles and criminology foundations. The purpose of this essay is to critically evaluate the Fugitive Economic Offenders Act of 2018, as well as its silence on crucial components that were intended to be accommodated and served but are being overlooked.2,329 views -
Cultural Globalization in Indian Milieu: A Comparative Study
Student at Lady Shri Ram College for Women, University of Delhi, IndiaPages 1966 - 1978Cultural globalization refers to the expansion and intensification of cultural flows across the globe. The term ‘culture’ is a broad concept, it refers to the ideas, customs and social behavior of an individual or a society as a whole. Indian culture is a vast and evolving culture constituting many beliefs, customs, ideas and ways of living of the people. The culture of an individual is a matter of pride for his or her own self. Due to the economic reforms India adopted in 1991, there has been a momentum of increasing interaction between Indians and people of other countries. As a result, everything in the nation ranging from individual level to community level has been internationalized, i.e., the way we eat, drink, dress ourselves and our lifestyles. However, there is no denying of the fact that with the advent of globalization India has added many feathers to its success stories and has responded to people’s needs with enhanced consciousness and awareness of society. But the way the stem of cultural globalization has impacted Indian culture, does both, reinforces and threatens the national identity.1,958 views -
Dowry Prohibition
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1979 - 1987This article focuses on the prohibition of Dowry in India. Dowry is the things or money in Cash or in kind which is given by bride by her family before, at or after marriage. We know the number of the offences relating to Dowry increasing day by day by demand of Dowry. Dowry prohibition means to prohibit the provisions of dowry and make it punishable by enactment of Dowry prohibition act, 1961 which can be defined dowry and helps to prohibit dowry system and also gives relaxation from then offences committed related to dowry like sec304B of IPC and sec498A of IPC etc. Over 200 million women suffer from offences relating to Dowry and almost 10 million women are engaged with the dowry death also . Marriage is considered as a very true relationship in the society but from time to time it converted into the business and to make only. There are some provisions which are given on the prohibition of Dowry under Dowry Prohibition Act, 1961 as sec.2, 3, 4, 6, 8, 8B, 9. The primary causes of demand of Dowry are poverty, illiteracy and family tradition etc. Education is important for each and every individual.1,331 views -
Legal Protection of Right to Education in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 1988 - 2000Education as a tool is the most powerful means of human development. Education liberates people and leads to freedom from ignorance. Education is now regarded as a human right and a tool for social change. The 1948 Universal Declaration of Human Rights in the manner of Article 26 (1) states that everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Therefore, the UN recommendations have confirmed the provision of compulsory child rights (RTE) 2009, which came into effect on 1 April 2010. In fact, this action places the government's burden on education. In this paper the authors seek to highlight the constitution and the law of the right to free and compulsory education under Article 21-A. This paper aims to examine the state of the Indian system in terms of compulsory education and to identify errors in the existing RTE Act. India is a country famous for its various products such as Art, Architecture, culture, traditions etc. India, however, is also famous for its constitution, which is regarded as the mother text of India and the law of the land and the constitution of India. as the most important aspect considered as part III of the Indian constitution, as the right to equality, the right to liberty. The right to fight oppression, the right to freedom of religion, the right to culture and the right to education and the right to constitutional and fundamental rights, Article 21 which gives the right to life and personal freedom guarantees all citizens and aliens the full enjoyment of these rights. , so that the country can move forward towards the goal of social order as considered by the founding fathers while implementing the Indian constitution in its introduction where this right also provides for various rights such as the right to life, human dignity, the right to protection, the right to liberty, the right to privacy. , labor rights, the right to fight poverty, etc., and the main purpose of this study is to deprive you of the basic right enshrined in Article 21 which is the right to education.1,186 views -
Adultery as an Offence: Elements and Decriminalization
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2001 - 2017In monogamous societies, where a nuptial is outlined as an exclusive affiliation between two individuals, adultery is considered as unacceptable. Between the legal and ethical positions of adultery, the issue of whether or not adultery is a crime arises. The following research paper explores the legal and gendered interpretation of adultery, as well as analyses the inferences drawn by the court to abolish adultery as a criminal offence in India. The whole idea of this law was meaningless and it should be limited to be a ground for divorce because state should have no right to control someone’s personal life the law was affecting personal liberty of a man committing Adultery and the woman giving her consent to him, it should be their own choice that who they want as a partner in their life and husband is not the owner of sexuality of a woman. This law encouraged gender biasness and made it look like that wife is answerable to her husband if she is having sexual relation with someone else, decriminalising of adultery was mandatory as the law did not support personal liberty and hence it was a contradicting law. The author have discussed about how it evolved and how it was important to decriminalise adultery as a criminal offence and it should only be limited to being a ground of divorce.1,112 views -
The Principle of Harmonious Interpretation: The Approach of Indian Courts
Student at Christ University, Delhi NCR, IndiaPages 2018 - 2024The Constitution is the Supreme law of the land in India, anything that is not in consonance with its provisions is considered as ultravires. When conflicts arise between the provisions of the Constitution certain rules of interpretation are used to resolve the problem. This paper focuses on one such rule known as ‘Principle of Harmonious Interpretation’. The rule is of extreme significance as it seeks to justify the very intention of the framers of the constitution while making the provisions and it harmonizes conflicting provisions to arrive at a solution. The main objective of the paper is to understand the approach of Indian courts towards the harmonious rule, before and after independence with the help of some case laws and the challenges of the same.2,432 views -
Marital Rape: Existing Legal Framework in India – Quest for Recognition and Liability
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2025 - 2034Sexual offences are a worldwide issue that affects the social well-being of not only the victims, but also their families and friends, due to the stigma associated with them and the poor reaction by law enforcement agencies. The purpose of this article is to explain the phenomenon of a husband's sexual offence against his wife, as well as to address prevention and control strategies. This article examines the definitions of rape and marital rape, as well as their legal and societal implications in India. It describes the victims' condition and the difficulties they encounter. The article inquires about the legislation concerning rape and marital rape, as well as the penalties imposed on the perpetrator. It also discusses the role of the victim's consent in sexual offences and how consent should be assessed in the context of sexual activities. The article claims that marital rape should be criminalized in India's legal system, and that it should be considered the same as rape in terms of punishment. It concludes with some more recommendations in favor of the victims in order to improve their social standing. Also, it examines the major case laws linked to the topic for clarity in the subjects.1,181 views -
Gender Inequality in Rape Laws
Student at Bharti Vidyapeeth Deemed University, New Law College, PunePages 2035 - 2054Gender inequality is a power gap in India among males and females. Without any doubt, on the notion that women are the most vulnerable group of society, on account of that, Indian legislation made various laws which played a pivotal role to make the country shielded for women from all heinous crimes against them. After that, we have rape laws which are wholly gender specified and considers only a woman as a victim and man as a perpetrator. Indian Penal Code definition clearly elucidates the gender biasness of Indian rape laws, which totally bents on the side of women. But after all of that, few women misuse these laws by taking the ascendancy of being a woman. The situation is grave and deserves root analysis of the circumstances that causes difficulty or hesitation from men's side. This research paper critically analyzed the jurisprudence in India with respect to sexual violence and condemned the egregious provisions of rape which specified only female as a victim, and those who avoid the instances of sexual assault on the body of male or a transgender person, where the perpetrator is female or any other transgender. And at the end it shades light on the need, to adopt the human rights-based approach by making rape laws gender neutral and give special recognition to the rights of transgenders.2,084 views -
Rights of Minorities in India
Student at Jagran Lakecity University, Bhopal, IndiaPages 2055 - 2069India is a multi-lingual and multi-religious nation. From a religious point of view, Indian culture is pluralistic in nature. Persons belonging to different religious communities have worked together in this country for a very long time. Although most of the people living in this country are Hindus, people belonging to other religious communities, such as Muslims, prisoners, Sikhs, Buddhists, Christians, do enjoy similar freedoms and persecution. Hindus make up the majority while the rest belong to "religious minorities". In the Constitution the word minority is not defined. Literally, it means a non-dominant group. The two main problem typically faced by the minorities are: Firstly, the problem of discrimination and secondly, the problem of preserving specific, social and cultural life. Minorities often feel the need for security and protection. Especially during riots, cast disputes, communal violence etc. Our constitution makers, while framing the laws, have keenly kept in mind the problems faced by the minorities and have made the laws regarding the same. They have not only made laws protecting the unique cultural and religious identities but also for empowering them. Laws relating to the rights of minorities 1. Article 14 – equality before law. 2. Article 15 - prohibition of discrimination on grounds of religion, race, caste, sex or place of birth 3. Article 16 - equality of opportunity in matters of public employment. 4. Article 21 -protection of life and personal liberty. 5. Article 25 – freedom of conscience and free profession, practice and propagation of religion. 6. Article 26 - freedom to manage religious affairs. 7. Article 29 - protection of interests of minorities. 8. Article 30 - rights of minorities to establish and administer educational institution. In India, minorities are free to live their life the way they want without any fear or pressure due to the secular nature of our country.4,086 views -
International Human Rights of Women
Student at A K K New Law Academy Pune, IndiaPages 2070 - 2079Celebration of international women’s day is to attain equality between men and women and to discriminate all forms of unjust, unfair and discriminatory practices against women carried across the globe covered under societal norms or religious superstitions. women around the world have been experiencing various challenges right from the birth itself, some girls being killed because of their gender while some buried alive however if she manages to be a part of this world a big question mark of right to education is in front of her and finally when she grows up to be women the life becomes even complicated putting into question even her right to reproductive health. The point of discussion in this paper is what are the rights of women across the globe. The rights of women were declared as human rights but is its application being executed. what are the various conventions and declarations for women’s rights, that have certainly eased out the path of development for women?1,088 views -
Remedies and Case Laws for Breach of Contract
Student at Narsee Monjee Institute of Management Studies, IndiaPages 2080 - 2088When a party to a contract renounces his responsibilities under it, or by his own conduct makes it impossible for him to perform his obligations under it, or completely or partially fails to meet such obligations, a breach of contract occurs. A contract breach might be either anticipatory or present. Breach of contract results in the non-breaching party's rights being violated. As a result, his rights must be restored. For these reasons, the offended party has a variety of options. Damages are one of the common law remedies. The primary goal of Damages is to provide monetary compensation to the innocent person. They are determined by determining what the plaintiff's situation would have been if the Contract had been properly performed. Compensatory, consequential, nominal, or liquidated monetary damages are all possible. Equitable Remedies are another set of remedies open to the aggrieved party. Equitable Remedies include Recission, Restitution, Specific Performance, Injunction, Quantum Meruit, Anton Piller Order, etc. If the breaching party refuses to pay the Court ordered judgement, the court may issue Writ of Attachment or Writ of Garnishment to enforce the remedies. Section 73, 74 and 75 of the Indian Contract Act,1872 deals with remedies and damages for Breach of Contract.1,938 views -
A Study on the Contribution of Film Industry on Economy
Student at Amity School of Economics, IndiaPages 2089 - 2107Culture economies and industries provide important contributions to sustain economic development of countries. So as to acquire advancements in culture economy or businesses and transform them into financial worth, above all else, making of the measurements in this subject and foundation of data banks will frame a reason for scholastic works and undertakings dependent on culture economy. Imaginative innovative businesses have been examined inside the system of key administration of the film business. The significance of film has expanded and its monetary capacity has explained with the advancement of media and mechanical foundation. Cinema industry is one of the vital businesses of a nation with the intensity of transforming into an efficient worth. The financial investigation of the film industry in India was led in this work and it comprises information exploring, gathering, and dissecting works. The financial examination of the film industry of inventive ventures will help carry light to the business.1,446 views -
Contract of Indemnity: Relevance in the Covid-19 Pandemic
Student at Dr Ram Manohar Lohiya National Law University, Lucknow, India.Pages 2108 - 2114The COVID-19 pandemic has shrouded silences of the conditions prevalent before its onset. First wave exposed the pandemic’s short glance, but the second wave has devastated many lives, abandoned many children, snatch people’s livelihood from them. The situation could be controlled as truly reflected in stances of intellectuals and pioneered by scientific evidence by massive vaccination. The central government of India adopted revolutionized methods to pace up the vaccine program and claimed to get every Indian adult vaccinated by 2021 end. But, does this seem possible considering the Indian vaccine manufacturers already producing on their maximum capacity. At this juncture, the possible solution is import of vaccines. But, when foreign vaccine manufacturers put forward the condition of including ‘indemnity clause’, is the government capable of compensating its citizens if these vaccines have any side-effects. In order to understand the issue at hand, a brief discussion about Indemnity in a contract is needed to be acquainted with. The article aptly deals with explaining indemnity along with case laws. The article addresses the contemporary issue of indemnity clause in contracts between the government and foreign vaccine manufacturers such as Pfizer and Moderna.1,500 views -
CSR: Where are the Companies Spending?
Student at OP Jindal Global University, IndiaPages 2115 - 2128Corporate Social Responsibility became a popular concept in the 1990s , advocating a shift from shareholder primacy to a stakeholder-oriented approach, acknowledging that corporations withstand a duty to include larger societal and environmental concerns as a part of their business obligations. The Indian Government, from 2009-2013, issued a series of guidelines to encourage more businesses to take up CSR activities and publish sustainability reports as a voluntary measure towards assuming greater accountability “for the social and environmental issues plaguing the nation” . While schedule VII lists down various social causes that can be taken up to fulfill the mandatory requirement, it doesn’t give a direction as to how the allocation of funds needs to be done. This research thus aims at finding out how the chosen corporates have been allocating their CSR funds over 5 years (2015-2019), consequently suggesting some reforms in the provision that could help encourage more companies to fulfill their CSR obligations.874 views -
Companies Act, 2013
Student at ICFAI University, Hyderabad, IndiaPages 2129 - 2146The Companies Act 2013 replaced the age old Companies Act 1956. The Companies Act 2013 makes comprehensive provisions to govern all listed and unlisted companies in the country. It implemented many new sections and repealed the relevant corresponding sections of the Companies Act 1956. This is a landmark legislation with far-reaching consequences on all companies incorporated in India. In order to address the corporate governance requirements in unlisted companies which are more in number, a number of provisions are incorporated in the Companies Act 2013. The listed companies in India are obliged to comply with a more stringent requirement as provided under the listing agreement especially clause 49 of the stock exchange listing agreement. Apart from the provisions under the listing agreement, the listed companies have to comply with a number of regulations promulgated by Securities and Exchange Board of India (SEBI) under the SEBI Act. However, unlisted companies unless it is a material subsidiary of a listed company do not have to comply with any of the SEBI Regulations or listing agreement. There is a host of public limited companies and private companies which are very large in size with substantial exposure to public due the nature of their business. Apart from this most of the companies in India both public and private depends largely on bank borrowings. Taking into account the fact that healthy banking sector is an essential element of the overall ecosystem of the country’s economy, it is important to ensure that the companies which have large exposure to bank borrowings are managed in a prudent manner and follow sound corporate governance practices. This report makes an attempt to study various provisions in the Companies Act 2013 incorporated with a view to implement and improve the corporate governance practices generally in companies in India as the corporate governance provisions in the listing agreement are applicable only to listed companies. Under the Companies Act 2013, companies fulfilling certain conditions are required to comply with the provisions related to corporate governance. The objective behind this is to protect interest of other stakeholders including those of minority shareholders and the Government.1,149 views -
Minority and Guardianship under Hindu Law in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2147 - 2154This article is focuses on the guardianship of Hindu minor in India. Minor means a person who has not attain the age of 18 years as well person who is physically and intellectually imperfect and immature and need someone’s protection. And guardianship means a whom who can give such protection and livelihood to the minor. We know the number of the offences relating to child increasing day by day by lack of guardianship of the children because of some children thrown by their parents and in orphans not to adopt children etc . A guardianship of the Hindu minor is vested in the sovereign of a parent’s patria and was exercised by the court. The law of guardianship was developed in the British time. It comes t the existence that father is the natural guardian of the minor and after death of the father, mother is considered as natural guardian of the children and no one else can be considered as natural guardian of the minor. The concept of guardian has changed from time to time and for parliament was passed the Hindu minority and guardianship act, 1956. Hindu minority and guardianship act, 1956 as sec.2, 4, 6, 7, 11, 13 etc.1,825 views -
Gender Neutrality of Rape Laws
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2155 - 2160Gender neutrality in Indian rape laws was first time dealt in the case of Sudesh Jhaku v KC Jhaku. In this case the case observed that the sexually assaulted men should be given the same protection of the laws as given to the female victims. The 172nd Law Commission’s Report recommended making rape laws unbiassed. The latest development regarding gender neutrality of rape laws is the bill presented by Mr. KTS Tulsi which seeks to make rape laws gender neutral which has not been passed yet. Around seventy-seven countries have established and accepted the gender-neutral laws including USA, UK, Australia and Denmark. The state has a fundamental obligation “to provide a safe environment, at all times, for all citizens”. The statutes of the state should be such that it reflects the obligation towards its citizens. In India according to Section 375 of the Indian Penal Code rape is defined as “a man is said to commit ‘rape’ if he……”. India does not recognise gender neutrality in rape laws and follows the traditional notion of male being the perpetuator. Gender neutrality in rape laws seeks to increase the ambit of the victims of rape and sexual assault. It aims to recognise and normalise rape and sexual assault of male and other genders and to provide equal protection of laws irrespective of their gender. The further developments in rape laws in India were seen in the 172nd Law Commission Report and the 2013 Criminal Law Amendment.6,029 views -
Prison and Prison Reforms in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2161 - 2168All men are created equal and are given certain fundamental human rights by their maker. These rights primarily include the rights to life and liberty, but if a person violates societal ethics, that person's rights are revoked and he or she is subjected to appropriate punishment. Many analysts feel that one of the primary goals of prisons is to reintegrate convicts into society. A modern prison organization's three core functions are custody, care, and treatment. For nearly a century, there was a strong emphasis on custody, which was thought to be dependent on excellent order and discipline. The goal of prison discipline was to make incarceration less appealing. As a result, the basic premise of jail treatment was rigorous punitive labour with no respect for human characteristics and severe punishments. More than 40 prison offences were included in several States' jail manuals, and any infraction was met with a slew of brutal punishments. The goal of jail gradually shifted from simply deterrence to discouragement and rehabilitation. This resulted in the abolition of some of the most heinous punishments and the establishment of a system of rewards for excellent work and behaviour in the form of remission, sentence reviews, wages for prison labour, open-air therapy, parole, furlough, and canteen facilities, among other things.1,325 views -
Overview of Indian Military Justice System
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2169 - 2176Military justice refers to a set of laws and rules that regulate members of the Armed services. Every country has its own distinct legal organizations that regulate the actions of its Armed Forces personnel. Military justice in the present period necessitates quick decisions, which cannot be attained only by debate and discussion. In most circumstances, a commander's viewpoint is enforced on his or her subordinate officers. The present legal system in armed forces necessitates lot of changes and reforms be it appointment of judges or the trial procedures. Emphasis should be laid on conduct of court martials and shortcomings like procedure of bail, conduct of Summary Court Martial and nomination of members need to be reviewed and changed accordingly. The working and powers of Armed Forces Tribunal also requires a relook and reformed to improve the legal system. All remedial measured to be implemented expeditiously.1,977 views -
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2177 - 2184This article is focuses on Narcotic Drugs and Psychotropic Substances in India which is commonly known as NDPS. Narcotic drugs mean those drugs which induce sleep while Psychotropic drugs are those who impact on the mind and alter the ability of mind of the people. NDPS act was enacted by parliament which came into existence on 14th November,1985 in India. Its aim or purpose is to control the drugs of abuse prohibit its use, dissipation, distribution, manufacturing, trade etc. As we know the number of the offences relating to NDPS increasing day by day. We have to control it in very effective manner. As we also know that these drugs are used in medicines also. Thus the act also have a provision to cultivate drugs like cannabis, poppy, coca plants etc for the medical purpose . This acts aim is to prohibit illegal practices of drugs. The punishment for the offence under this given on the harshness of crime. In case of drugs are used for his personal use it may be lesser punishment in comparison with the punishment given for the use of drugs for supply to other people.2,285 views -
Analysis of the National Food Security Act
Student at Uttaranchal University, Law College, DehradunPages 2185 - 2193The Indian Public Distribution System (PDS) plays an important role in alleviating food poverty by acting as a safety net by delivering staples at a reduced price.Despite the fact that the PDS is an important part of government food and nutrition policy, India still has a big population of hungry and malnourished individuals. The purpose of this study is to look into how the PDS works and how effective it is at achieving food and nutritional security in India. Using the key phrases "food insecurity" OR "food security" AND "Public Distribution System" OR "PDS" OR "TPDS" AND "India," a complete and systematic search yielded 23 articles that fulfilled the inclusion requirements. The scarcity of published material in the domains of PDS and food security in India is highlighted in this review. The review's findings underline the importance of PDS in combating hunger and malnutrition, while also emphasising its limited impact on food security and childhood mortality due to operational inefficiencies. If operational inefficiencies and environmental footprints are addressed by sufficient policy reforms, the PDS has the potential to be a solution to India's food shortages.1,079 views -
Sitaram Yechury vs. Union of India
Student at Asian Law College, IndiaPages 2194 - 2198Covid Pandemic giving us all tough time. But thankfully we have internet services which basically is a savior. Starting from Netflixing to Youtubing recipes to work out and food orders, work from home and whatnot. Internet is like a spouse to us. We who cannot even imagine stuck at home without the internet supported the ban on the internet and other movements that were imposed in Jammu & Kashmir. We were so against the lockdown when groceries were limited and we kept panic bought almost everything in the store, even the things we won’t use. But we were okay when it was the people of Jammu & Kashmir who were hungry and the economy was no were near stable or good. Even the basic necessities weren’t available. People were far from them. On 5th August 2019, when Art 370 was abrogated from the Indian Constitution, a ban on communication and the internet was imposed on the State of Jammu & Kashmir. Various cases of preventive detention came forward such as of political leaders Mehbooba Mufti, Omar Abdullah, Md. Yousuf Tarigami etc. followed by Lockdown when Centre passed Jammu & Kashmir Reorganization Act, 2019. The objective was simply to unite the nation and laws as well as Constitution. The case comment on Sitaram Yechury vs. Union of India will shed some astounding light on some important issues which were casting clouds on the liberties of some people detained in state of Jammu & Kashmir1,067 views -
Right-Based Approach and Climate Justice
Assistant Professor at Department of Laws, Panjab University, Chandigarh, IndiaPages 2199 - 2221This research paper takes up the issue of climate change debate and tries to link it with human rights and morality. This will help analyze and steer climate policy measures from moral stand-point. There are hidden ethical dilemmas in climate crisis debate which needs to be answered. The present climate diplomacy is not going in this direction and therefore no concrete results are see on paper as well as in practice. The reports of Intergovernmental Panel on Climate Change (hereinafter IPCC) which are treated as “gold standards” for climate policymakers have been lacking in depicting the “known unknown” and “unknown unknown” effects of climate change. Apart from that, the solutions presently offered are satisfy neither morality angle nor provide basic human rights to all.888 views -
Influence of Globalization on Indian Legal Profession
Assistant Professor at Hidayatullah National Law University, Raipur, IndiaPages 2222 - 2231Before the independence, the objective of the law was only limited to the maintenance of peace by punishing the wrongdoers and resolving litigations. But after the independence with the establishment of constitutional supremacy in India, the state is now obligated to provide social, economic, and political justice for all sections of the community with Equality of status and opportunity. Therefore, the legal profession became the issue of national debate, and globalization led this debate at the international level. As a signatory to the General Agreement on Trade and Services (GATS), India is obligated to liberalize its legal sector. However, it has not been able to make much progress on this behalf due to stiff opposition from Indian lawyers’ representative bodies. In this backdrop, this article explores the possibility of the liberalization of legal services in India.1,375 views -
Treatment of Cryptocurrency in Germany and Comparison with India
Student at KIIT School of Law, IndiaPages 2232 - 2236Germany is startup hub including those relating to crypto currency and blockchain as this country has developed favourable tax laws, entrepreneurship environment and maintains good professionals network. In 2017 it has also conducted various meet ups for blockchain/bitcoin startups which involved a minimum of 400 members. This acts of it encourage entrepreneurs to meet people with similar mindset and develop better ideas and helps in building new business relations among them. The author in this article has analysed how the cryptocurrency is treated in Germany and the various issues related/connected to it like the system of taxing of it, the issues of money laundering and the methods/techniques used for its regulations, AMLD5 regulation. The author has compared such treatment of cryptocurrency in Germany with the situation in India and how India could refer to such countries to adopt some of the regulatory framework or to make its own effective regulations.1,233 views -
Gender Discrimination at the Workplace in India
Student at McGill University, Montreal, Quebec, CanadaPages 2237 - 2246Social injustice encompasses a diversity of issues and examining one area where women are marginalized and oppressed is in terms of discrimination which is direct or indirect at the workplace. In India there is discrimination against women and lower opportunities are provided to females than males in the workplace as females lie under numerous evils such as discrimination, oppression, violence within the family, at the workplace and in the society. There is issue with previous policies enacted specifically, Article 15 of the Indian constitution which states there shall be no discrimination on grounds of religion, race, caste, sex or place of birth which although it lays down principle of discrimination but due to a lack of clarity in stating gender discrimination it fails to justify its purpose. There is a need and demand to enact a fully specific related to the purpose of gender discrimination at the workplace to be enacted. Any policy when enacted stated in regard to discrimination if does not encompass a specific gendered dimension on discrimination, but there is a divergence from specific domain of gender discrimination by focussing on other aspects of race and caste hence making the policy effect futile.2,420 views -
Diplomacy in the Digital Age: How the Internet and AI Challenge Traditional State Interactions
Student at Shiv Nadar University, IndiaPages 2247 - 2252The internet revolution has undoubtedly changed how humans go about living their lives. One sector that has embraced the age of the internet is the field of diplomacy. Researchers and practitioners have taken a keen interest in developing and finding new ways to enhance their interactions with both the public and other diplomatic missions, leading to the creation of digital diplomacy. It is important to address this recent phenomenon since it has attracted a great deal of interest, controversy and speculation. This paper aims to initially trace and analyse the evolution of the term and then focus on the increasing chatter about the employment of Artificial intelligence (AI) technologies in the determination of foreign policy and its implementation and subsequently argue that although the internet has created positive tools for diplomats and statesmen to engage in public diplomacy, there is unnecessary guesswork over the use of AI in diplomacy. Academic literature, opinion pieces and newspaper stories have been used as secondary sources in this essay. The qualitative, as well as quantitative research, was then analysed in order to determine the effects of new technologies on diplomacy1,043 views -
Governing a Seamless Sociality: Beyond Old and New Media
Student in IndiaPages 2253 - 2259The architecture of the online world along with the cultures of new media are significant in perpetuating male dominant discourses. Rather than dismantling this hierarchical organisation of the digital paradigm, the approach of the family, intermediaries, the law and the state more often than not cements patriarchy. The private family, which the law will not encroach is particularly problematic when one considers how the family is an institution that oppresses women and prevents them from exercising agency online and offline. The family emerges as a significant locus that systematically polices women’s online personas by enforcing customary law. While the ‘law in books’ guarantee women equality of status and opportunity, ‘law in action’ results in significant differences in the way women access new media. The police’s patriarchal perceptions results in the denial of justice for women who have faced online sexual abuse. Male morality gains precedence over women’s agency over their own bodies as the police favours the usage of Section 67 of the Information Technology Act over Section 66 E, despite the fact that the latter is more progressive as it derives its essence from consent rather than obscenity. Thus, in regulating the digital realm the nature of law manifests as not only furthering patriarchal interests but also centres on protecting womanhood, not women. The approach of the law in governing online relations leaves much to be desired because those who frame and implement the law very much inhabit the paradigm of patriarchy. Further, online cultures and institutional predispositions result in the routinised assertion of male power and privilege. In effect, the unequal relations of the offline world are mirrored online.937 views -
Child Labour and Laws Governing Them
Student at School of Excellence in Law, Tamilnadu, IndiaPages 2260 - 2266Worldwide millions of children are affected as they work hard in the early age itself, by working as child labour, which deprives them of their childhood , exposes them to physical and mental problems and affects their future. The main reason behind child labour is poverty. As poverty leads to child labour as a result child labour suffer from poor wages and meagre education which detoriates labour standard and it further leads to poverty which forms a vicious circle. Child labourers are unreported and underreported.A child labour is engaged in various fields of work including agriculture, mines, factories, house keeping,etc. 71 percent of child labourers work in the agricultural sector. 12 percent work in mines and factories and the rest 17 percent work in hotels and houses, says an International Labour Organization's report. In India 1.2 million girl children are used in prostitution. The children are being used as cheap labour. It is very difficult to analyse and give an exact report on child labourers in India as it is often underreported. 18 million children in India are found in torpid lists which means they are not reported either in schools or employment. They would be engaged in some sort of hard labour.This situation is to be considered seriously and proper steps should be taken by enforcing strict laws and bringing welfare schemes and rehabilitation for the affected children. In this article let us examine the causes of child labour and its effect on children and also the legal provisions in India which protects child labour and recommendations to overcome this problem of child labour.959 views -
Deconstructing Deepfake: Tracking Legal Implications and Challenges
Assistant Professor at School of Business and Law Navrachana University, Vadodara, Gujarat, IndiaPages 2267 - 2274Technological developments have touched every corner of our life and has provided us with countless opportunities. Changing technology is influencing the structure of legal ecosystem and being a double-edged sword; it comes with several potential threats. Advances in the field of artificial intelligence have made generation of fake videos, images quite easy. Deepfake use a form of artificial intelligence known as deep learning to allow users to manipulate images, videos, audios and even allowing them to create footage of events which never happened in reality. The technology has several benefits in the fields of entertainment, filmmaking, media, marketing, health and so on. However, it also comes with certain risks. Malicious use of deepfake could stifle its valuable utilities. It has a potential to completely alter the cybersecurity landscape by bringing in the risks ranging from privacy violation, abuse, defamation to breach of public peace, election manipulation ultimately threatening the national & international safety and order. The article is an attempt to take an overview of deepfake technology along with its legal implications and associated risks2,121 views -
Case Commentary on Hari Shankar V. Rao Girdhari Lal Chowdhury (AIR 1963 SC 698)
Student at Symbiosis Law School, Pune, IndiaPages 2275 - 2278The case comment discusses the judgement given in the case of Hari Shankar v. Rao Girdhari Lal Chowdhury and further analyses Section 115 of Code of Civil Procedure mainly stating about the inaccuracy in the High Court’s revision and also deliberates upon which powers are conferred upon the Court under revisionary jurisdiction by evaluating the Supreme Court's decision in the present case. Moreover, the piece recognises the latest position of law by examining Law Commission’s Reports. Lastly, the case comment provides suggestions in regard to the provision of revision for the betterment and efficient functioning of the judicial system.1,592 views -
Right to Privacy, Social Security and State Powers – The Orwellian State: Fiction or Fact?
LLM student at Symbiosis Law School, Pune, IndiaPages 2279 - 2304Every second that we are on the internet, our digital footprint is exchanged, processed and stored in one form or another. The obvious questions raised here are- What happens to the data? How is it used? Who controls the way it is collected, processed and stored? Is the data weaponized in any way? What is the role of the State in this? What mass surveillance techniques are employed by the State, if it is in place? What are our rights in this? The aim of the research paper is to thoroughly investigate and try to answer the questions raised above. The paper also delves into the history of the concept of privacy and data protection whilst taking into account the events that have happened in the past or are unfolding presently, contributing to the global debate of personal data privacy and have led to the development of some comprehensive legislations in EU and India to tackle the same.957 views -
Goods & Services Tax (GST): Constitutionality
Student at MIT World Peace University, India.Pages 2305 - 2320The Republic of India got its independence in 1947, and its Constitution was formally enacted in the year 1950. The state of India, in order to remove the cascading effect of indirect taxes, sought to reform its existing tax structure. It launched a new tax regime on July 01, 2017 having ended a variety of central and state imposed indirect taxes, GST. More than 160 states have implemented this taxation system, most of them being developed nations. Therefore, with the Constitution (122nd Amendment) (GST) Bill 2014, amends were made in the Constitution & The Constitution (One Hundred and First Amendment) Act, 2016, introduced Goods & Services in India. A single window tax was therefore imposed under the name of Goods and Services Tax (“GST”). The newly developed tax structure was a four set of enactments, i.e. Central GST Act, 2017; Integrated GST Act, 2017; Union Territory GST Act, 2017 and GST (Compensation to States) Act, 20171,171 views -
The Juxtaposition of POCSO in Various Countries
Student at Amity Law School Noida, Amity University Uttar Pradesh, IndiaPages 2321 - 2332Child sexual abuse is widespread around the world, not only in India. These crimes against children are particularly common in developing or underdeveloped nations such as Pakistan, the Philippines, India, Kyrgyzstan, and many more. Sexual abuse does not have to entail any kind of penetration, force, pain, or contact. Sexual assault is defined as any act committed at a minor with the purpose of obtaining sexual enjoyment. The abuser might be of any age, gender, or socioeconomic background. This includes online behaviour directed towards minors. This research paper attempted to highlight key fundamental elements of the law protecting minors from sexual assault that require substantial revision.2,607 views -
Concept of Power and Authority
Student in IndiaPages 2333 - 2339Power means ability of an individual to influence others to control their actions. Like the white collar people who are so economically wealthier that they try and control the system with their own charismatic effect. Authority on other we see the legal rights possessed by people in an institution. These rights are the formal rights given to the people who are holding the office. In this paper we will see the working of power and authority is interchangeable in society, or how power is coercive. In this paper we will come across the Max Weber theories. And last will draw a clear conclusion by establishing the differencing line between the power and authority1,220 views -
The Keys to British Success in South Asia
Student at MIT-WPU School of Law, Pune, IndiaPages 2340 - 2344This piece is inspired from a very informative piece written originally by Colin Watterson. Capturing India bit by bit wasn’t a one-day process and according to British historian Sir John Robert Seeley British acquired India in an “absence of mind.” Though Britishers ruled and exploited the Indians for decades there underwent a lot of changes in the social, personal and economical aspects of people residing in India. As understood the Britishers did not have a primary motive of capturing India but as we read this article a lot of factors and circumstances unfold themselves for the end result of Indians being ruled by Britishers. It was a slow exploitation but there were few things which were abolished or introduced that resulted in new era of Indian society. This article talks precisely about what tricks and tactics did Britishers use for establishing their rule in India. With some opposition and some friendly ties, smart policies and crisp foresight the Britain overshadowed India. With an in-depth analysis and understanding of all prevailing and contributing factors of British India the article is bound to put the reader into thought.1,028 views -
Intellectual Property Rights Protection over the Internet
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2345 - 2351With the advancement of the technology and the ever-present nature of the Internet our understanding of the intellectual property rights over the Internet as well as private international law has been revolutionized. Previously the private International Law of intellectual property was easier to understand and had physical space and boundaries unlike the present scenario. Due to the ever-present nature of the Internet, new challenges came in the way of lawmakers, judges and even the States. So, it is important to address these changes and examine how we can deal with these changes. There is a high possibility in this digital age that a material which is protected by Intellectual property laws in a certain state would end up downloaded in other states and viewed by multiple people in various States. So, it’s evident that the intellectual property rights infringer could be sitting in a whole other state while the owner of the intellectual property rights will be miles apart from the infringer and where the real loss is take place. So, it is important for the safety of the owner of the Intellectual Property to have certain rules when it comes to the jurisdiction rules that already exist and need some solutions with the advancement of technology. The main question that arises is who has jurisdiction over the matters of cyberspace? The main aim is to recognize the shortcomings in the present jurisdictional rules and provide jurisdictional solutions to overcome these shortcomings. The proper functioning of the system can only be there when there are certain set of effective jurisdictional rules for Intellectual Property Rights over the Internet and how to deal with the infringement when the infringer is miles apart and didn’t even enter the State where the harm occurred.1,058 views -
Love Jihad
Student at KIIT School of Law, IndiaPages 2352 - 2359Love Jihad is an exceptionally delicate issue seething in the nation these days. The fear inspired notion is noted for its similarities to the xenophobic figure of speech of Jewish world domination just as white patriot trick theories and Euro-American Islamophobia It highlights Orientalist depictions of Muslims as primitive and hypersexual, and conveys paternalistic and male centric ideas dependent with the understanding that the Hindu ladies are assets of men, whose virtue is contaminated as a comparable to regional triumph, and thus should be controlled and shielded from Muslims, paying little mind to consent It has therefore been the reason for vigilante attacks, murders and other rough episodes, including the 2013 Muzaffarnagar riots. In Myanmar, the paranoid idea has been embraced by the 969 Movement as a claim of Islamisation of Buddhist ladies and utilized by the Tatmadaw as support for military tasks against Rohingya civilians It has stretched out among the non-Muslim Indian diaspora and prompted development of coalitions between Hindutva gatherings and Western extreme right associations, for example, the English Defense League. It has additionally been embraced to a limited extent by the ministry of the Catholic Church in Kerala to deter interfaith marriage among Christians. It is about time we investigate this issue from an impartial and down to earth viewpoint and secure the holy establishment of marriage.1,986 views -
Gender Equality under the Hindu Succession Act
Student in IndiaPages 2360 - 2364Hindu Succession Act, 1956 has codified the property laws for Hindu, Sikhs, Buddhists and Jains. Hindu Women’s Rights to Property Act, 1937 was enacted prior to this and it brought major changes in the property rights of women by giving rights of succession to the Hindu widow for the first time. Streedhan was considered as the only absolute property of a widow. Section 14 of the Hindu Succession Act removed the disability of the Hindu female to acquire and hold property as an absolute owner and the right of women in any estate already held by her on the date of commencement of the Act as a limited owner was converted to absolute owner. The 2005 amendment has changed the overview of the act by giving equal property rights to Hindu daughters as similar to the sons of a Hindu family. The amendment has faced many challenges from the very beginning which is evident from the notable cases like Pravat Chandra Pattnaik and Others v. Sarat Chandra Pattnaik and Another where Court held that the Amendment was enacted to abolish the discrimination by giving equal rights to daughters of the family as sons in the Hindu Mitakshara property through Section 6 of the Act. Court also held that Section 6 will also give rights to daughters born before 2005 as coparcener as they are entitled to equal share as compared to the sons of the family. Section 14 of the Act has clearly given daughters the full ownership of their acquired property.1,729 views -
Printed Ideologies History Textbooks in Modern Era
Student at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2365 - 2381This research paper basically deals with learning and teaching of history in schools as a subject of curriculum. It highlights the scope of history as a subject and the sheer need of teaching it to students. There have been various criticisms regarding teaching history as deals with the past that has no use in the present. Indeed, it talks about past events but it relates them with contemporary ones. It teaches us to learn from the mistakes that our ancestors have already committed so that they we can avoid the worst consequences of those events, if any. This research paper also presents a vision as to what is expected from history teachers, how the school curriculum of history textbooks should be designed so that it is sounds more interesting to students and what all qualifications history teachers should have and goals that history should strive for.976 views -
E- Summons in India
Student at OP Jindal Global University, IndiaPages 2382 - 2390One of the major reasons of the very low disposal rate of Indian Judiciary is the lack of adherence to the procedural time and lack of infrastructure. The electronic methods are the way forward. The paper traces the development of accepting the different mode of summoning from SMS to FAX to email and then to WhatsApp and then developing the electronic Application. The paper would also try to extract the principles on which the courts have allowed the e summons in India and abroad and its recent developments in the country looking through the state of Tamil Nadu, Rajasthan. The paper would also try to shed some light on validity of e-summons in the background of international treaties. The paper tries to discuss the shortcomings and the pitfalls of e-summons in India in light of the huge socio-economic gap in India.1,663 views -
Covid-19 Vaccine Co-operation beyond International Trade Barriers: A Legal Perspective
LLM Student at Ajeenkya D Y Patil University, Pune, IndiaPages 2391 - 2395This research paper studies the important global co-operation during Covid-19 pandemic and the united efforts of the International Organizations and States to fight the pandemic, in the process breaking the trade and commerce barriers and strive for global co-operation.942 views -
Amazon Whole Foods Merger
Student at Symbiosis Law School, Pune, IndiaPages 2396 - 2402The Amazon-Wholefoods Takeover is an interesting study as to how the Online Retail giant successfully initiated an undertaking to enter into the Brick and Mortar business by integrating Wholefoods into Amazon by issuing initiatives, and ensuring that this deal did not go south. The author would like to present an interesting perspective on the background of the merger, the legal connotations with regards to the present merger and what this merger meant to amazon with present time references to the then 2016-17 business environment. Amazon has been the world’s most successful online retail giant, and that is not without credit, its successful navigation of the arena and diverse approach has made Amazon an indisputably efficient machine catering to the different needs of its consumers. The Approach wherein Amazon Places the needs of its consumers at the forefronts is extremely important and needs to be considered. The Author would be presenting her perspective on the aspects that led to the success of this mega-deal.1,186 views -
How Much is Too Much?: Exploring Sexual Privacy in the Context of Online Interpersonal Relationships
Student at Chettinad School of Law, IndiaPages 2403 - 2412In this rapidly developing digital era, the manner in which we create and maintain interpersonal relationships have drastically changed. The majority of intimate connections are presently shaped and kept up through online means. Establishing privacy is key when exploring online interpersonal communication, as you control how much personal data you disclose to the other person. Self-disclosure is accordingly, a significant relational instrument that is essential in creating any relationship. Divulgence of information is thus done on the foundation of trust and vulnerability. Intimate relationships are a result of increased self-disclosure, done willingly. However, imagine a scenario in which this limit of controlled self-divulgence is attacked. This paper will address the question, “how much divulgence is too much?”. The dialectical nature of privacy and self-disclosure and the degree at which divulgence proves detrimental will be explored. This paper will secondly investigate sexual privacy and some emerging cybercrimes in this regard. Success in intimate relationships relies upon sexual privacy. Attacking this private boundary warrants recognition and protection as most often, women and sexual minorities shoulder this maltreatment and abuse. The judgement passed in the case of Puttaswamy v. UOI held that Right to Privacy shall come under the purview of Right to Life under Article 21 of the Constitution of India. The Information Act, 2000 protects online data in India. But these laws do not control the emerging issues of invading sexual privacy due to technological advancement. Dissemination of videos and images containing sexually explicit content is one such issue that is not classified as cyber crime under these laws. Thus, thirdly, this paper aims to analyse the adequacy of the present laws in regulating sexual privacy. Fourthly, the paper will suggest a new approach to protecting sexual privacy that focuses on law and the respective cyber markets.1,077 views -
Cybercrimes and its Alarming Escalation during Recent Times: An International Legal Perspective
Student at Cochin University of Science and Technology, IndiaPages 2413 - 2423Cybercrime is one of the fastest growing areas of crime. These include attacks against computer data and systems, identity theft, distribution of child pornography, internet auction fraud, deployment of viruses, and various e-mail scams such as phishing. The global nature of the internet has allowed criminals to commit almost any illegal activity anywhere in the world. Traditionally, crime and its sanction are largely local, regional, or national, but today the main hurdle confronting us are associated with the transnational characteristics of cybercrimes. Therefore, it is of paramount importance to have international legal instruments ready to serve anti-crime efforts. There is always an illusory overlap or rather a fine line between internet space and international space. This paper focuses to address the sensitive issues of cybercrimes through an international legal perspective. Firstly, a brief introduction with regard to the world of cybercrimes and the underlying complications in placing legal fetters on the perpetrator. Moving on with a comprehensive analysis of Interpol’s significant study and report on increase in computer crimes during the covid-19 pandemic. Methodical array of various international efforts such as United nations office on drugs and crime (UNODC) its objective and geographical scope, United nations crime and justice information network (UNCJIN,1999) and the types of cybercrimes recognised by the organisation has been actively deliberated, the organization for economic cooperation and development (OECD), commonwealth of nations, Group of 8 (G8) and other United Nations efforts to combat growing cyber threats has been elucidated. The paper is concluded with an inference made from statistical data’s as well as legal statutes, various safeguard methods are also supplemented with it.1,088 views -
Problems of Unorganised Workers and Ways to Approach Them
Student at Sastra University, Thanjavur, India.Pages 2424 - 2428Unorganised labours are the workers who are easily exploited by the society Persons employed in the unorganized make a large portion of workers in India. Since the sector does not have an organized structure, the workers employed in these sectors are not protected against the risks of the society such as the illness, old age, disablement etc. The persons employed in the organized sectors receive social security benefits such as pension, medical benefit, disablement benefit etc., to deal with the insecurity that the society throws upon them. These benefits are made mandatory by the statutes. But the unorganized worker is denied of such benefits in many cases. The family of the unorganised labours also face a lot of problems. This paper focuses on the problems faced by the unorganised labours and its solutions.1,766 views -
Article 15 of Indian Constitution
Assistant Professor at Delhi Institute of Rural Development College, IndiaPages 2429 - 2436“Dr Ambedkar stated that "the report of the Minorities Committee provided that all minorities should have two benefits or privileges, namely representation in the legislatures and representation in the services." The reservation issue has remained a cause of disagreement between the reserved and the non- reserved sections of the society. Its implementation may disbalance the aim to attain Fundamental right by not fulfilling of Art 14 i.e Equality but Reservation can be reason to a step towards ensuring the constitutional goal of equality of status, rather than opportunity and thus, the formalistic notion of equality has to be compromised a bit in the interests of social justice .A Lot of Says by honourable Judges of our Indian Judiciary as to reservations have been modified by our parliament through Constitutional Amendments Acts.1,047 views -
Marital Rape: Sanctioned by Law and Society?
Student at Army Institute of Law, Mohali, IndiaPages 2437 - 2447“Her friends used to tell her it wasn't rape if the man was your husband. She didn't say anything, but inside she seethed; she wanted to take a knife to their faces.” - F. H. Batacan Rape codified in Section 375 of the Indian Penal Code (“IPC”) includes all forms of sexual assault which involve non-consensual intercourse with a woman. Exception 2 to Section 375 exempts forceful and unwilling sexual intercourse between a husband and a wife over fifteen years of age from the definition of “rape”, thus providing legal immunity to marital rape. The Law assumes the wife as the property of the husband. The unwilling physical contact is a violation of various constitutional rights of women which includes Article 14 and Article 21. Almost every country in the world has certain laws regarding marital rape except 36 countries which also include India. There are several cases filed in different courts of India to provide legal recognition to Marital Rape and challenging the constitutionality of the exception to Section 375 of the Indian Penal Code. The author will be critically analyzing the constitutionality of exception 2 and will be discussing the necessity to criminalize marital rape. The paper is an attempt by the author to expose the discrimination and fallacies of the system in India regarding marital rape. The paper contains certain suggestions and some legal reforms that are essential to achieve the objective to criminalize marital rape and provide humane conditions to the wife.1,112 views -
The Tussle between Woman’s Right to Reproductive Choices and the State’s Interest in Regulating Abortions- A Comparative Analysis of Medical Termination of Pregnancy in India and the U.S.A.
LLM student at Hidayatullah National Law University, Raipur, IndiaPages 2448 - 2462The development of woman’s rights led to the recognition of the right to reproductive choices as a part and parcel of right to privacy, and thus, protected by the Constitution. However, exercise of such right cannot be allowed without certain restrictions as the state also has an obligation to protect the life of an unborn child. Therefore, a clear balance of these two aspects needs to be maintained; an imbalance on the either side could prove to be chaotic. The Supreme Court of the United States of America has evolved the principle for balancing these two scales from the trimester framework to the undue burden test. The undue burden test examines whether a particular law creates an undue burden on the exercise of the right of reproductive choices of the woman before the period of viability (before the period wherein the foetus cannot survive outside the womb, either naturally or by medical support). After the period of viability, the state has an inherent interest in protecting the life of an unborn child, and thus, abortion is restricted, except to save the life of the mother. However, in India, the judiciary has not developed a standard test to examine whether the balance has been achieved while restricting the right of woman to reproductive choices vis-à-vis the Medical Termination of Pregnancy Act, 1971. The present study, thus focusses on analyzing how far India has maintained the balance between woman’s right to decide for her own body and the state’s legitimate interest in protecting the life of an unborn child, in comparison with the United States and what lies ahead.991 views -
Short-Comings and Pitfalls of Registering Corporate Guarantee as Charge
Student at O P Jindal Global University, IndiaPages 2463 - 2469The scholars have argued that the basic purpose of registration of a charge created on assets of the company is to serve as a public notice and any person who deals with a company may verify the charges registered with ROC and take an informed commercial decision whether to deal with the said company or not. Scholars have opined that both existing and contingent, should be known to the general public and a 360 degree panoramic view of the credit history including guarantees executed by a company has to be in the public domain. Therefore, according to them, it is also necessary to register charges in respect of Corporate Guarantees executed by a company. This paper has tried to mention some shortcomings and pitfalls of this approach such as inability to raise low capital and thus less money flow in the economy. The paper tries to roughly suggest some balanced approach and how we need to look this through the political lens.1,165 views -
Domestic Violence Needs Coercive and Controlling Behavior – Incumbent, Futile Laws Fail to Capture its Horrors
Student at King's College London, UKPages 2470 - 2475The distinctive nature of domestic abuse as an offence and a socio- legal issue poses several challenges that makes it difficult to legislate on. The article grapples with the question of whether due to its distinctive nature the new offence of coercive control is necessary to properly understand and prevent domestic violence. The article aims to demonstrate this through comparisons with prior existing acts like the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997 which were used to tackle domestic violence earlier.1,685 views -
Combating the Custom of Considering Menstruating Women as Impious With Modern Law
Student at Banasthali Vidyapith, India.Pages 2476 - 2480Menstruation that all women go through is still a very under spoken topic. This brings along several taboos, myths and superstitions attached to it. Such believes are propagated through low levels of knowledge and awareness upon this topic. Secrecy has led to people to misunderstanding the biological function of periods thereby reinforcing the same ideology upon other members of the society.It thus becomes imperative to address these issues and combat them through various strategies. It has been commonly noticed that when advertisements of sanitary napkins are aired the channels are probably shifted or maybe an important discussion is initiated then, moreover blood in the ads. are portrayed through blue coloured ink. In many parts of the country menstruation is considered to be an impure thing and the origin of this dates back to the Vedic period when it was said that it is a curse received in return of the killings of brahmins which as a guilt came every monthly as a impure blood in form of menstruation cycles. Due to these myths women are made to face many restrictions. These myths are unending. It thus becomes very important for us to be this change in our society, to ensure its social progress in such matters of concern as these are a direct concern towards the reproductive health of women. This paper shall discuss how can law and other strategies can be put into force to combat menstruation related myths. To bring a positive ray of change in the society it becomes important to address such issues of awareness and knowledge generation in order to stop the further persistence of such myths in the society. Modern Law could help us to bring such a change in the society.918 views -
Emerging Business Models in the Field of Legal Education and its Applicability: Critical Analysis with Case Study on Lacunae in Legal Education in Kerala
Research Scholar at University of Kerala, India.Pages 2481 - 2493Law can be explained as the expression of will of the government, an enshrined embodiment of the peoples will and forms an important role in the manifestation of social and political needs of the country. The study of law plays a major role in the contemporary world be it serve the role providing the norm of conduct for the citizens or help shaping the quality of rule of law. This system instils democratic culture in law students by moulding them with general and cultural education with the aim of making them good law abiding citizens in personam and propagators of achieved culture and standards to the general public in rem by being good lawyers and judges by interpreting law and providing legal assistance. Being a form of professional education, the range and scope of the subject is always expanding in the modern democratic society as it equips the students to fulfil and discharge wide variety of roles and services to the society ranging from lawyers, policy makers and professional think-tanks to academicians, administrators and jurists. The need for basic knowledge in law to every citizen has become an inevitable factor in today’s world as the wide ambit of law is running across and making its impact in every nook and corner of the length and breadth of the society whether it be concerned to matters relating to administration of justice, trade and commerce, and industry or policy making and upholding the unparalleled values mentioned in the preamble and basic structure of our constitution. By looking on to a general trend, India has had to face humongous challenges in making its system of legal education able to compete with the global standards by enunciating various modifications in the legal and judicial standards within itself imbibing Dicey’s concept of rule of law into the basic foundation and fundamentals of the society. The seminal aim of this paper is to analyse and understand the various aspects of emerging novel trends in the field of legal education in India and to examine whether the system has succumbed to the perils of hype or has thrived to excellence with the help of a critically analysing case study.1,009 views -
Revenge Pornography: Legal Framework in India
Founder at Cyber Law Consulting, IndiaPages 2494 - 2510Non- consensual sharing of images and videos is on rise in India and had been stimulated by the growth of social media and the cloak of anonymity it offers. A sub-type of privacy violation and cyber harassment: non-consensual sexually explicit pictures, videos and any similar kind of data uploaded, by someone, are known as “Revenge Pornography”. It covers images shared on and offline without the subject’s permission with the intent to cause harm. Physical distribution of images will also be covered. It is a terrible abuse of trust, which can leave the victims feeling humiliated and degraded. With the enhanced potentiality of the Internet coupled with the practice of sharing intimate pictures between lovers has given rise to crimes like “Revenge Porn”. Revenge porn has grabbed the attention of law enforcement agencies and has been in limelight from past few years. As the reports shows the figures of how far revenge pornography has grown along with the gravity of the consequences on the victim and its family. Keeping all into considerations his research paper emphasizes on the existing legal framework available in India as well as globally, felicitating remedy to the victims, and various challenges that comes in the way of the victim to seek justice. Insufficient laws, lack of awareness and trainings, lack of combatting skills to name a few. This study also seeks to have regard with the psychology of the perpetrators, thereby extracting a possible result to combat revenge pornography.3,089 views -
Plea Bargaining and Its Constitutionality
Research Student at Department of Law, IndiaPages 2511 - 2516The concept of plea bargaining is not only a boon helpful for the overburdened judiciary but it renders benefits to many others. Plea bargaining is the most important and most popular as well as most discussed issue in the modern criminal procedure. The phenomenon of plea bargaining is common in the United States, and England & Wales and has become a feature of criminal case disposition in other common law jurisdictions like Australia, Canada, and South Africa as well as in civil law systems like Italy and the Netherland. Plea bargaining is useful to avoid the uncertain outcome of the trial and secure convictions. Although it’s useful and efficient, there are few doubts regarding the constitutional validity of Plea bargaining.1,037 views -
Advancement of E-HRM Practices and Organisational Behaviour in times of Covid-19
Student at Symbiosis Law School, Pune, India.Pages 2517 - 2533India is a developing country and ever since the country has been emphasizing on the need for complete digitalization which is yet under process. After the outbreak of corona virus, the need for digitalization has increased by many folds. The country was not ready to adapt to the changes that shifted their entire lives from physically outgoing to just sitting at home and doing everything digitally over the internet, using mobile phones, laptops and other electronic gadgets. What makes digitalization more challenging in India is poverty and illiteracy. Some can’t afford the electronic gadgets while other do not know the technical know-how. Most big businesses and companies were even not ready for such an instant change into their working. Many organizations faced exceptional losses whereas some of them coped with these challenges really well. Through this paper the authors aim to identify the challenges that were faced during the pandemic with respect to the Human Resource Management in various companies and how those challenges were defeated by the new E-HRM techniques. Additionally, the paper analyses as to how the HRM practices changed post the pandemic in order to fit into the current situations. This paper also explores the opinion of the employees in various aspects of the traditional HRM practices and how the new E-HRM practices have helped them work better. Furthermore, this paper critically analyses how Organisation Behavior changed due to COVID-19 which further assisted in overcoming the challenges posed by the outbreak of the virus. Employees’ responses have been compiled by way of a structured questionnaire which consists of their statements regarding the E-HRM tools and the Organizational Behavior post the pandemic.1,461 views -
Facets of Tortious Liability for Environmental Harm in India
Student at Symbiosis Law School, Pune, IndiaPages 2534 - 2545Environmental concerns are affecting law and legal system throughout the world in profound new ways. With the growth of global environmental concern nations are uprooting the old laws and coming up with new environmental law and policy innovations. Environment activist, actors and non- governmental organizations are driving the development of new policy and laws. The present paper tries to analyse and interprets the application of torts’ principles in India with respect to the matters related to environmental harm and also compares tortious liability and ex anti-safety regulation in providing a comprehensive remedy for damages caused to the environment. It also includes the judicial decisions which lead to the evolution and development environmental torts in India. This paper suggests the implementation of an effective regulation policies and using the combination of tortious liability and ex-ante safety regulation policy as a tool to control environmental harm.1,310 views -
Land Reforms Pre & Post Independence: A Comparative Study of India’s Land Reforms
Student at Amity Law School Noida, IndiaPages 2546 - 2552Land reform alludes to an increase in agro-monetary establishments. It includes measures and methods identifying with the redistribution of land, guideline of a contract, renewing the states of tenure, etc. Land reform is a part of the legacy of the nation’s opportunity expansion since we acquired the agrarian structure from the British. Land reforms target repositioning ownership thinking from the viewpoint of social equity and revamping operational property from the view purpose of perfect use of land. "It comprises a transfer of ownership rights as well as the use of property away from large landowners and toward cultivators with little or no landholdings."1,825 views -
Rights of an Unborn vis-a-vis Rights of Women
Student at Hidayatullah National Law University, Raipur, IndiaPages 2553 - 2563The discussion over the women’s right to privacy and abortion rights has gained prominence since the decision of Roe vs. Wade was passed by the Supreme Court of the USA as it was in direct contrast with the Right of life of an unborn and their status as legal personality. There is different moral, scientific and religious opinions and claims about when life begins and at what stage will be an unborn considered person. The issue over a fetus's legal rights while still in the womb has sparked controversy at both a national and international level. The topic that has to be considered is whether the fetus can be given legal status from the moment of conceiving, or not. This paper attempts to compare and contrast the status of the fetus and women's rights, with the goal of determining which right should take precedence.948 views -
A Deep Concern of Executive Aggrandizement: A Comparative Study of Separation of Powers in India and the USA
LLM student at NLSIU Bangalore, IndiaPages 2564 - 2571The research paper deals with a comparative study of the doctrine of separation of powers. The researcher wants to highlight the basic concept of separation of power and then gradually draws a comparative analysis of its application in two different systems, the USA and India. On the one hand, the USA follows the separation of power in an absolute sense, but on the other hand, India that just partly adopted it. Building on that, the paper then turns to discuss the contemporary practices of both nations regarding the doctrine. In doing that, the researcher shows that even though the implementation of the doctrine is different. Both the countries developed and implanted the doctrine according to the needs and practical application even though it required a strict implementation. Still, both the system made their way. But in practicality, they face the same issues; in the form of executive aggrandizement, the executive is cutting the role of other branches and becoming intense day by day and dismantling all the accountability.980 views -
Hinduisation of Schedule Tribes vis-a-vis Codified Hindu Law
Assistant Professor at Siddhartha Law College, DehradunPages 2572 - 2576Tribal people have their own distinct identity. The Constitution of India safeguards their distinct identity. To achieve desired Constitutional goal codified Hindu law exempts Schedule tribes from its application. The whole idea of such impunity is to protect the tribal customary laws governing the matters related to marriage, inheritance, succession etc. Nonetheless, the fact of Hinduization of tribals has always been a matter of discourse. On one hand it is considered as a process of integration of tribal into mainstreams of society. On the other hand the effects of hinduization of tribals became a matter of concern. Hinduized Schedule tribes have been claiming parity with Hindus in matter of application of codified Hindu law. This work brings forth the sociological and legal aspect of Hinduization of tribals. In addition to this, the work also endeavors to study the efforts of Judiciary in protecting the rights of tribal people despite the legislative bar contained in Codified Hindu law.2,780 views -
Evaluating the Concept of Donatio Mortis Causa and Marz-Ul-Maut
Student at Jindal Global Law School, IndiaPages 2577 - 2586Donatio Mortis Causa and Marz-Ul-Maut are two concepts under the property law and family law which have often been intertwined in their interpretation as well as their application. Even though both these concepts are similar in nature and their application, there are some fundamental differences between them. One of the major differences is that a gift under DMC automatically stands revoked if the donor recovers from his illness, whereas a gift made under MuM continues to operate as a normal gift despite the donor’s recovery. The first half of the paper will be a tracing the historical developments of both DMC and MuM and their application in India. The second part will focus on doing a comparative analysis of both DMC and MuM. This paper attempts to make a case as to why the automatic revocation of a gift under DMC is a much more equitable and reasonable view than the gift made during MuM. The paper shall examine MuM from the perspective of a contract as well as a gift made in a special state of mind and will try to make a case as to why the practice of transforming MuM to Hiba is manifestly arbitrary and unjust.2,010 views -
Juvenile Justice System
Student at MIT-WPU School of Law, Pune, IndiaPages 2587 - 2594This article conceptualizes the status of Juveniles in our society and the need for the legislations to keep their pace with the changing needs of the society. The position of Juveniles in India and the various legislations introduced namely: Children Act ,1960 , Juvenile Justice Act of 1986 , Juvenile Justice (Care and Protection of Children) Act, 2000 , Juvenile Justice (Care and Protection of Children) Act, 2015 and The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced by Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 have been discussed with supporting case laws. This research paper also includes a comparative analysis which has been conducted to draw a comparison between the Juvenile Justice System in different countries and the legislations that have been implemented to ensure justice in their society. There is an emerging need to improve the Juvenile Justice system and to fill the lacuna in the legislations. Juvenile delinquency imposes a burden upon the society therefore, effective preventive measures should be taken by the State to ensure social upliftment and rehabilitation of Juvenile’s who are exposed to such offences. Juvenile are not criminals of the society rather they too are the victim of the society.1,175 views -
Does Person with Disability have Right to Reservation in Promotion? An Analysis of the State of Kerala & Ors. Vs. Leesamma Joseph
Student at School of Excellence in Law, Tamilnadu, IndiaPages 2595 - 2601The case commentary tries to analyze the case of state of kerala & ors. vs. leesamma joseph. This case revolves around the Article 16 of the Constitution of India which states equal opportunities in employment. The Indian Constitution aspires to create a society in which all people have equal access to opportunities. The advancements achieved in light of the Constitution's Right to Equality have helped to improve the Indian society. The Constitution's authors intended to create a society in which all people are treated equally. The question of law put forth in this case is whether physically disabled person have reservation in promotion. Consequently, this case engenders analysis of section 32 and 33 of the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in this accord.1,630 views -
Right to Privacy and Data Protection in India
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2602 - 2609The progress of technology and the dynamism of the legal universe in this latest age provide a perspective on privacy and data protection problems. Privacy is something that does not interfere with other people's interests. Due to technological development, privacy has become a priority of every person and it also places a narrow emphasis on information security. Data protection emphasizes the freedom of people and the freedom of these people is threatened by the stranger's interference. It is necessary to stop the interaction of the stranger to the operation of the individual by any means. Any fresh phenomenon can be validated through the constitution as a fundamental legal necessity. The purpose of this article is to start a severe discussion in the Indian view on the right to privacy and data security. Although privacy is not expressly given in accordance with the Constitution, it implies the right to privacy as guaranteed personal freedom under Article 21. There is an intrinsic dispute between data protection and the right to privacy. Data protection may include economic details, information on health, company suggestions, intellectual property, and delicate information. Data protection and privacy were dealt with in an exhaustive way but not in the Information Technology (Amendment) Act, 2008. In data protection, the IT Act is not adequate and a distinct legislation is therefore needed in this respect.1,568 views -
Maintenance under Hindu Law
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2610 - 2620Maintenance is a form of social justice in and of itself. It is a man's fundamental duty to provide for his wife, children, parents, close relatives, and other dependents as long as they are unable to provide for themselves. The goal of maintenance is to prevent immorality and destitution, as well as to improve women's and children's economic circumstances. In India, there are two types of maintenance: permanent maintenance and temporary maintenance. Permanent maintenance refers to the amount that a financially independent party must pay to another financially dependent party after the legal proceedings have concluded. These situations frequently occur when a person is unable to care for himself for any reason. The husband provides permanent support to his wife in the event of a divorce, and the amount is determined by a maintenance petition filed by a divorce lawyer in India. Maintenance on a temporary basis Is a type of maintenance that is paid from the time the petition is filed until the case is dismissed. The goal of interim maintenance is to address immediate needs. In nature, nothing is permanent. A monthly sum of money, also known as maintenance awaiting suit, is paid by one spouse or civil partner to the other on a short-term basis until a permanent financial settlement is reached.1,763 views -
Commercial Surrogacy: An Analysis
Student in IndiaPages 2621 - 2628Surrogacy and its commercialization have been in talks for a very long time now, and in fact is debatable topic for discussion. Evidently glimpse of surrogacy can be traced back in ancient times; India saw commercial surrogacy in modern world in the year 2002. The Legalization of commercial surrogacy is still in its initial process. So what is surrogacy, it means to carry the child for other women willing to be a mother who is basically incapable of one due to medical complexity. The major types of surrogacy are natural, gestational, commercial & altruistic. In the year 2008, the Hon’ble Supreme court India saw landmark case which left a light on surrogacy in India in the case of Baby Manji Yamada v. Union of India. The motive of researcher is to critically analyze the importance of legalization of commercial surrogacy. For the bliss of the society and to understand greater extent of new technology for the women wanting to be a mother it is of utmost importance that we comprehend the positive as well as negative aspect of commercial surrogacy. Within first two part of the research is study of term and types of surrogacy, the later part explains issues of legal validity & enforceability of surrogacy agreement, later some light on the ART bill and countries with commercial surrogacy. The next part explains issues: Ethical & Legal issues, along with risk involved in surrogacy. The last part is the conclusion with a few suggestions on commercial surrogacy. In this paper the researcher arrived at the conclusion feeling of motherhood is a pure bliss and commercial surrogacy on the one hand enables a woman to get that feeling and in fact is good alternative for the woman carrying the child which on the other hand is bliss to the society.1,216 views -
Evaluation of the Role of Women Directors in Companies
Student at Symbiosis Law School, Pune, IndiaPages 2629 - 2638This paper analyses the provisions of the Companies Act dealing with which make it mandatory for companies to have at least one-woman director have been analysed and their development has been discussed. The advantages of having women directors have also been discussed in great detail. In light of these provisions, the situation in other countries is also presented for comparison. It is also inferred from various comparative studies that countries all over the world face inadequate women representation on company boards, and many of these countries have also enacted various provisions to tackle the same. The paper also discusses the drawbacks of these provisions and how they are misused by some of the biggest companies in the Country. Such misuse also defeats the entire purpose of enacting such provisions. In order to tackle the problems of inadequate representation of women and misuse of the provisions enacted to improve the situation, possible solutions and remedies have been suggested.1,207 views -
Cyber Bullying and Online Freedom of Speech and Expression in India
Advocate in IndiaPages 2639 - 2651The Internet is one of the greatest creations and not only provides everyone in the world with instant access but also endless supply of knowledge and entertainment. With just a click away information is made available to the society. Not only the information even the connections of one individual or a group to another has become easy and convenient. Via internet one can learn about almost any topic and not only that the opinions and can also be easily shared from one end to the another. Connectivity, communication and sharing are hence the most important advantages of the technology advancement. However as we learned in schools excess of everything is bad and like a coin internet also has two sides to it. The first being the positive advancement, and second being the misuse of that positive advancement. There is no doubt that the internet these days has made life easier but is also reflecting an unpleasant side to its existence as well. Technological advancements gave rise to certain foreseeable cyber offences too, such as cyber stalking, cyber bullying, online banking frauds etc. But then before internet advancements, our country provided us with a fundamental right to express our thoughts, expressions freely. The freedom of speech and expression, the right to speak and express one’s thoughts and beliefs freely by way of words, pictures, gestures or any other acts. The question which arises here is whether this fundamental right is being misused in today’s world where the internet has become an easily accessible podium for sharing of information.1,220 views -
Changing Trends in Intellectual Property with Advent of Artificial Intelligence
Research Scholar at University of Kerala, IndiaPages 2652 - 2665According to the words of renowned jurists, the law can have its ambit either as a science or as an art, but situations arise where one will be forced to judge it in light of both these aspects. The law dealing with Artificial Intelligence (AI) is one of this kind. It is basically the science of study and design of intelligent agents, while it takes the form of an art when the system as a whole perceives its environment and takes actions which maximises its chances of success. The concept evolved in the western world in mid-20th Century and has become a major factor which controls the global market in the modern era. With the changing global trends, India is also taking giant steps in this field to be a front runner with major policy formulations. The stream being full-fledged with novel inventions which are brain child of intellects, requires protection from infringement and there arises the role of laws regarding Intellectual Property Rights (IPRs). As the concept is much technically oriented, it is an uphill task to formulate sui generis laws. So protection to these are rendered through various laws in IP such as Copyrights, Patents, protection to Designs and Semi-Conductor, Integrated Circuit Layouts. The seminal aim of this paper is to facilitate a layman with the basic knowledge that he requires while dealing with an innovation relating to AI and legal rights enforced. For this, the paper will be divided into various parts, where the introductory part deals with basic notions of AI, flashing light into fields like what does AI actually mean, the nature, scope and objective of the subject and the fields in which it stamped its authority. The paper also deals with technical oriented aspects of AI in detail and the law protecting and controlling the concept. It also covers the impact of subject in modern day examining both economical and contemporary aspects with changing trends.965 views -
Article 368 vs. Article V- A Guide to the Amendment Procedure of Constitution of India & United States
Advocate at Punjab and Haryana High Court, Chandigarh, IndiaPages 2666 - 2680Law, being a ubiquitous one is necessary to understand as it tells us about the various aspects of the society. Indian Constitution being one of the lengthiest constitutions is the supreme source of law. American constitution, on the other hand is the first written constitution. India and USA, two of the world’s largest and oldest democracies are governed with their written constitutions. Amending the laws as per changing times is the need of the hour. With the rising uncertainty in today’s world, amendments become necessary to keep up with the fast growing pace of the society and to keep in touch with the growing needs of the individuals so as to bring peace and harmony among them. Amendments also pave ways for political advancements and economic development of the country. In this research paper, we will be pondering upon the amendment procedure with respect to India and USA. Although the two documents are similarly progressive in character and personality, there is a vast gulf of history and context that separates these two. India is an indestructible union of destructible states having a blend of rigid as well as flexible amendment process. Similarly, USA being an indestructible union of indestructible states, their amendment process is quite onerous one. Concentrating on the needs of amending the constitutions, and as to how flexible should the amending procedure be is the basic objective of this paper. It is right to quote that,’ India did not replicate the US Constitution; it took what worked for it and no more’. This paper aims at discussing the fast changing needs of the society because of which the Constitution needs to be amended to meet the needs of the political society. Amendment procedures, even though require a large amount of ratifications, are necessary for the society to develop.2,462 views -
Role of Lok Adalat in Mutual Settlement of Commercial Disputes
Student at Law College Dehradun, Uttaranchal University, IndiaPages 2681 - 2690Any question looks like tumor. The sooner it is settled, the better it is for the get-togethers included and the general populace when everything is said in done. The debate makes at a remarkable rate on the off chance that it isn't settled at the fundamental stage. One conversation prompts another and it is likewise better to choose it the particular second it emerges. The technique to accomplish this objective ought to be settled upon by both the social events included. The condition of shortcoming and vacillating ought to be essentially pretty much as brief as could reasonably be expected. The Constitution of India has portrayed and announced "to get to the entirety of the subjects of India, Justice-social, monetary and political; opportunity; worth and society" as the normal objective for its nationals. The unending evaluation of constitutionalism lies in the Rule of Law, which has three view points: Rule by Law, Rule under Law and Rule as demonstrated by Law. Alternate Dispute Resolution(ADR) started in the USA as an undertaking to discover separating options in contrast to the standard legitimate construction that was viewed as ineffectively orchestrated, outrageous, flighty, immovable, over-professionalized, harming to affiliations, and constrained to limit rights-based fixes rather than imaginative essential thinking. The American basic establishments of the musing are not amazing, given certain highlights of case around there, for example, primers of ordinary activities by a jury, legal aides' possibility costs, nonappearance of usage in stacked with the control " the failure pays the expenses".902 views -
Celebrity Rights in the Contemporary World: IPR Protection and Way Forward
Student at Vivekananda Institute of Professional Studies, IndiaPages 2691 - 2706Several people all around the world are termed as celebrities for their accolades, lifestyle or different factors affecting public perception. These celebrities are said to possess several rights relating to their attributes, commercial viability and privacy. With progression in technology and mass media such celebrities are often subjected to violation of their rights and misappropriation of their attributes. The development of Celebrity rights all around the world is at a nascent stage with no codified laws. Celebrity rights are a bundle of rights having several allied rights such as personality rights, privacy rights, publicity rights etc. and the statutory framework in India has not been able to provide for sufficient protection of these rights. Nonetheless, the IPR regime specifically the trade mark and copyright framework is of relevance to some extent. These laws however, have limitations in providing adequate protection to celebrity rights. The paper discusses an intellectual property centered attempt towards the protection of celebrity rights, the judicial precedents, the recent trends and suggests the way forward.1,939 views -
Wartime Rape: A Historical and Psychological Perspective of Sexual Violence against Women in Armed Conflicts
Student at UILS, Panjab University Chandigarh, IndiaPages 2707 - 2712The analysis of sexual violence against women during armed conflicts must first realize the interrelation between militarism and patriarchy. This interrelation then gives birth to the question of how the society has come to accept and normalize patriarchal values. It is through a constructive inspection of the patriarchal approach of religious texts and philosophical ideologies at various points in history that one can arrive at a psychological understanding of sexual violence against women as not mere sexual violence but as a consequence of assuming patriarchy as natural.1,011 views -
Corruption in Public Sector and Its Remedies
Assistant Professor at Capital Law College, Madhusudan Law University, Odisha, IndiaPages 2713 - 2726This is very common convention about corruption to start with a historical reference that emphasizes the longevity and resilience of corruption. Rather than refer to the wisdom of the ancient world or the words of a great statesman I will observe that convention by noting the historical context of this Expert Group Meeting on preventing corruption in the public administration. The purpose of the meeting is to facilitate progress in corruption prevention, particularly in relation to institutional methods and practice, and to recommend the continuation or consideration of specific strategies for doing so. It is part of a process that is often said to have begun with the so-called “cancer of corruption” speech by World Bank President James Wolfensohn in 1996. By acknowledging the ubiquity of corruption, the lasting damage it can cause and the responsibility of powerful institutions to take action, that speech represented a turning point in the attitude of key international actors and licensed a systematic international effort against corruption that this meeting is part of. Since then corruption has been studied, classified, measured, defined and proscribed by policy makers and practitioners, theorists and researchers mostly in the disciplines of political science, economics, philosophy, public administration and law. This article enlightens on various causes, effects and cures of corruption in India. The International Conventions and Treaties are also discussed to facilitate the member state entities in regard to curb the corruption which become the hindrances in the path of development and progress of any country1,003 views -
Comparative Study of Cross-Border Insolvency in India and U.K.
Lawyer in IndiaPages 2727 - 2738India is one of the fastest developing nations and in the past few decades it has further developed in various fields. This development has also been due to the support of many foreign nations investing in India. This growth of international business has, therefore, also increased the number of the issues with respect to international insolvency. With the expansion of any such areas or fields there comes risks and problems attached to it, so to deal with the issue of lack in the scope of cross-border insolvency in India, the Government of India has formed a committee the report of which is highlighted in this paper. The UK had voted to the European Union (EU) in 2016 and with the model law being adopted in EU and UK’s trade relations with India; this impact of “Brexit” has also been discussed in the paper as one of the research questions.1,882 views -
Investment Market of Insurance Business: Does it Need more Attention in India?
Student at Bennett University, IndiaPages 2739 - 2749The unforeseeable and uncertain events such as the coronavirus pandemic have enhanced the importance of the insurance industry and its growth in the coming years. This paper focuses on the insurance industry and how it has the potential to perform in the investment sector by involving investors in fundraising and insurers in continuing to further invest in assets for the operation and growth of the industry. It tries to draw a line between an insurance policy and an investment, arguing that an insurance policy is not an investment, and in today's emerging market of insurance products, it makes sense to invest in the insurance industry. It underlines and analyses the regulatory framework of investment, involving raising of capital through not only with equity shares but also from other forms of capital, investment by insurers in government securities, approved investments, and household finance, and lastly, investment by foreign investors with a welcome change of 100% FDI in Insurance Intermediaries. It attempts to underline the problems faced in the investment due to excessive norms on the foreign investors, less investment by insurers, obscured regulatory authority of insurance-cum-investment products, and the nature of these products to fall under the definition of securities. It tries to fill the gaps by concluding that the industry needs more attention in the capital market, in the protection of insurance investors and changes in the regulatory reforms and participation of investors in the industry will lead to the contribution of the industry in the investment market of India.1,042 views -
An Analysis on the Sustainable Development Goals of U.N. on the Eve of its 75th Anniversary
Assistant Professor at Saveetha School of law, Saveetha University, SIMATS, IndiaPages 2750 - 2762Sustainable development is a development model that considers the environment when achieving balanced growth with efficiency and fairness. In addition, it focuses on the short- and long-term local and overall interests while contributing towards the socioeconomic systems and individuals’ lifestyles. The sustainable development theory emphasizes maintaining the integrity and sustainability of development. In this case, integrity refers to achieving the developmental goals by considering both local and overall interests. In other words, the overall interests (interests of all the stakeholders) should not be sacrificed for regional interests during development; various systems should coordinate and promote each other to achieve common progress. This paper traces the evolution of the concept of sustainable development. It also analyses the sustainable development goals of U.N. in the light of Agenda 30.836 views -
The Indian Adversarial System of Criminal Justice
Student at Lady Shri Ram College For Women, IndiaPages 2763 - 2774For the process of criminal justice, the Criminal Procedure Code prescribes to the adversarial system based on accusatorial method. The responsibility for the production of evidence is placed on the party that seeks to establish guilt with the judge acting as a neutral referee between the opposing parties, both of which are allowed to introduce evidence and cross examine witnesses. However, there is a greater lacuna in this system of criminal justice as under the said model, there is no duty of the court to ascertain the truth. The judge acts like an umpire to see whether the prosecution has been able to prove the case beyond reasonable doubt and gives the benefit of doubt to the accused unlike the inquisitorial system which focuses on discovering the truth, this system largely focuses on the truth being discovered through respective versions of the facts presented by the prosecution and the defence before a neutral judge. Since the judge is merely an umpire and is bounded by rules, he/she is unable to be an active participant of the trial he/she is only concerned with the proof that each side presents to substantiate its argument and not the truth itself as it is believed that the truth emerges from this contest between the two parties. This undermines the efficacy of the Criminal Justice System as the trial merely comes a contest between the prosecution and the defence whereas the ultimate motive of discovering the truth tends to get lost somewhere in the numerous facts being presented to prove one’s own side as right. Also, since the adversarial system in India is based on the ‘innocence of the accused’ the burden of proof falls on the prosecution. This further undermines the efficacy of the Criminal Justice System as the lawyers on both sides can manipulate their versions of the truth and the neutral judge at the end will give the judgement based on the evidences presented and in such a scenario if the accused was actually the offender but was not proved guilty on the bases of facts and evidences then this paves a way for a loss of faith in the system itself This is further explained in terms of how this system does not allow for direct participation of the victim in the trial process and how the interests of the offender are given a priority.4,234 views -
Starvation in Non-International Armed Conflict Applicable International Humanitarian Law, Practice and Options for Development
International Criminal Lawyer with Advanced Master’s in Public International Law (Specialization in International Criminal Law) Leiden Law School, Leiden University, NetherlandsPages 2775 - 2789Instances of Armed conflict have been recorded since time immemorial. The use of arms or force to resolve disputes has been resorted to repeatedly, when other means of resolution have failed. When States resort to armed conflict in pursuit of a political or military objective, they are obliged to provide protection to the civilian population. Failure to do so leads to death, injury, destruction of property and complete disruption of political, social and economic systems which are essential to maintain peace. International Humanitarian Law (IHL) is a branch of International Law that is made applicable for acts undertaken during an armed conflict. It must be applied evenly to all parties involved in the conflict. However, it is observed that there are numerous situations that become apparent, during the conflict itself or on investigation once hostilities have ended, that one or more parties might have not respected their obligations, leading to a violation of IHL. Since time in memorial, Starvation has been used as a means of warfare. In view of widespread employment of this prohibited method of warfare, there is a need to reconsider the existing IHL provisions. This paper seeks to study the provisions of the IHL prohibiting the use of starvation as a method of warfare in a Non-International Armed Conflict. In addition to that, the paper refers to the corresponding provisions of International Human Rights Law (IHRL) and International Criminal Law (ICL) made applicable for a Non-International Armed Conflict. It identifies lacunas in the existing legal framework and suggests possible changes that may be put in place to help achieve effective protection against starvation during a conflict. Lastly, the paper intends to elaborate on the understanding of applicability of Common Article 3 alongside customary practices, while addressing the use of Starvation as a means of warfare.1,139 views -
Codification of International Law Work of International Law Commission
Student at Asian Law College, IndiaPages 2790 - 2807Since the end of World War II, states and peoples' attitudes regarding the body of law known as "International Law" have shifted dramatically."The purpose of this note is to track the activities of international law commision by referring to the codification process, which has led to the relative importance of most international law concepts. In recent years, the Commission has issued interpretive statements concerning a treaty in effect, the Vienna Convention on the Law of Treaties, and customary international law reflected therein and many more. Today, it is widely acknowledged that the codification and gradual development of international law is an essential duty for nations and a distinct legislative process in the modern international community.1,743 views -
Corporate Governance and Cyber Security
Lawyer in IndiaPages 2808 - 2821The continuous rise in technology has been of great help to the business world but has also raised the risk of cyber breach. The rise in cyber breach from 2006 to the present day has increased from 3 million to 540 million in Facebook alone. They used to be individuals but now they are organizations which professionally work for anyone who hires them to extract data. The risk and gravity of this breach is not realized by people until it happens with them. Privacy and data management have become the core issues of corporate governance in India. A 2019 Chief information Officer (CIO) survey by Force point and Frost & Sullivan found that 69% of Indian organizations are at a risk of data breach. It also found that not enough C-level teams are involved in cyber security preparations, with only 34%, mainly BFSI (Banking, Financial Services and Insurance), telecom and IT & BPO companies involved in it.1,647 views -
Manual Scavenging: A Saga of Neglect
Student at The Law School, University of Jammu, IndiaPages 2822 - 2830Manual Scavenging was the crucified expression of the credence kindled by the existing caste hierarchy-untouchability, dharma and karma. It was an activity which had been in existence in India since human advancement. These people used a piece of tin to lift the excrement into a woven basket and carried the same on their shoulder to dump the refuse at a faraway place. The Government of India promulgated plethora of legislations, committees, commissions and missions to examine the various aspects of this problem. However, to this day dalit community continued to be employed as manual scavengers since our caste-based mindset continued to stand in the way of abolition of this heinous practice. In a nutshell, this paper discuss manual scavenging and critically traces out the various immediate actions promulgated by the Government of India. It concludes that the continuance of this practice and the stigma attached to manual scavenging proves that there is need for social transformation of people at large and in addition, also suggests few remedial measures to demolish the foundation of manual scavenger’s indignity.974 views -
A Critical Review of the Agent’s Commercial Duty to Refrain from Making Secret Profits At The Expense Of His or Her Principal: Repercussions for Breach of Duty
Lecturer and Head of Department, Public Law and Jurisprudence at Faculty of Law, University of Namibia.Pages 2831 - 2847There are numerous instances under which an agent may be held liable for breaching his or her common law duty of an agency relationship. An agent owes certain fiduciary duties towards his or her principal and the former should therefore ensure that he or she does not commit a breach of duty in order to avoid possible claims that may arise as a result of such breach of duty. The broad and overarching duty of honesty plays a crucial part in any agency relationship. This duty of honesty is comprised of the agent’s responsibility to avoid conflict of interest, duty to refrain from making secret profits, duty not to disclose the principal’s information to any other parties. The central notion of this paper is to critically review the agent’s commercial duty to refrain from making secret profits at the expense of his principal. The paper further seeks to investigate the underlying reason why the law strictly prohibits an agent from benefiting from the secret profits he or she makes or gains at the expense of his or her principal1,070 views -
Need for Digitalization and Servitization of MSME’s in India
Student at Bharati Vidyapeeth University, India.Pages 2848 - 2870Purpose - The recent change in the economic environment has caused harsh consequences to various micro, small and medium enterprises (MSMEs) in India. With most customers either hesitant to travel to these businesses or cannot reach the markets due to government regulations, these businesses have seen their revenues plummet to the lowest, and most have been shaving off savings to survive. These changes in the environment have asked these MSMEs to adjust and formulate newer strategies. This article highlights strategies that can be or should be used by the enterprises. Methodology – Approach used in this article was case-study method. Seeking information and ideas which portray the problem and the solution distinctly, through secondary data including news articles, reports and publications were utilized. Analysis – One of the strategies discussed in this paper is the conversion of businesses to services, and the tangibility of the existing business offerings is reduced. The reduction in tangibility is defined as Servitization, which helps the business gradually adjust to the service economy as well as build a long-term market share. This article focuses on suggesting & explaining business process and how to apply the solution which can be used by the enterprises for the problem at hand after examining various issues faced by them.1,008 views -
Business Ethics and Corporate Governance: Blend of Morality with Compliance
Assistant Professor at Amity University, Lucknow, IndiaPages 2871 - 2876Corporate Governance is widely used to instill the principles of ethical conduct in day to day management of businesses. Emergence of numerous scams, signaled that not everything is fine while doing business by a corporate. Corporations must not behave as ruthless predators who prey upon innocent customers, resources of a country without giving a thought about their responsibilities towards the society, upon which they are depending for their survival. Establishing an code of conduct based on ethics for corporations was thus looked upon as a solution to the tame the greed and protect the interest of the stakeholders. Through corporate governance model is that the balance between profit and protection can be ensured. Transparency, fairness, and accountability, are the important pillars of any corporations and it is duty of the top management of any corporation to ensure the abidance of them. Through this paper an attempt has been made to decodify the term ethics and study its relevance for corporate world.1,402 views -
Decoding the Code: A Focus on the Language Employed in Chapter IX of the Code on Social Security, 2020
Student at O.P. Jindal Global University, IndiaPages 2877 - 2886Social Security is often regarded as a basic human right, but it is imperative that it differs from country to country. In fact, that is one of the major disapprovals of the Indian Social Security Code that it allows different states within the country to have different social security measures. The overarching role of the Government in labour issues in India has been heavily reflected in labour legislations and the Social Security Code is not any different. Welfare “schemes”, divided up between the states and the centre, requiring worker level registrations, without specifying any minimum floor level protections or benefits, are not anywhere near what the objective of the Code is wanting to achieve. This paper would focus on the Social Security benefits for the unorganised sector in India and discern the language of empty promises provided in Chapter IX of the Social Security Code 2020. The scope of this paper would only be limited to the language of the provisions of the Social Security Code under Chapter IX because it is yet to be seen how they would be implemented by the appropriate governments or interpreted by the courts.1,690 views -
External and Internal Rules of Corporate Governance
Assistant Professor in Law, SDM LAW College, Mangalore, IndiaPages 2887 - 2902The corporate governance mechanisms can be categorized into two types: internal and external governance mechanisms. The internal governance mechanisms primarily focus on boards of directors, ownership and control, and managerial incentive mechanisms, whereas the external governance mechanisms cover issues related to the external market and laws and regulations. Corporate Governance refers to practices by which organisations are controlled, directed and governed. In the context of liberalization and globalization there is growing realization in the emerging economies including India that a country’s business environment must be maintained and operated in a manner that is conducive to investors’ confidence so that both domestic and foreign investors are induced to make adequate investment in corporate companies. This will be conducive to rapid capital formation and sustained growth of the economy. Finally, the paper deals with The Companies Act, 2013 provisions relating to board constitution, board meetings, board processes, independent directors, general meetings, audit committees, related party transactions, disclosure requirements in financial statements, Securities and Exchange Board of India (SEBI) Guidelines, Standard Listing Agreement of Stock Exchanges, Accounting Standards issued by the Institute of Chartered Accountants of India (ICAI), Section 129 of the New Companies Act.6,158 views -
Critical Analysis (M&A): Takeover Code
Student at KIIT School of Law, Bhubaneswar, IndiaPages 2903 - 2910The idea of takeover arose in late nineteenth century in certain nations like US, UK and so forth when the principal wave of mergers and acquisitions began. In any case, in India it was distinctly in twentieth century that the idea of takeover born however and still, at the end of the day the idea of unfriendly takeovers was unknown to everyone. This idea arose when Swaraj Paul began endeavors to takeover Escorts Ltd. also, DCM Ltd. He was the principal antagonistic thief between the thieves of Indian securities exchange. In spite of the fact that Paul couldn't prevail in his endeavors on the grounds that the occupants fight him off by utilizing the details of rules administering non-inhabitants yet this made a requirement for the takeover code. This need was additionally complemented in 1990s when public authority started the arrangement of advancement and liberalization which brought about development of Indian economy at an expanded speed, and it's anything but an exceptionally aggressive business climate, which inspired numerous organizations to rebuild their communal techniques by including the apparatuses of mergers and takeovers. Taking into account of the then current conditions, the requirement for few law to direct takeover was emphatically felt. Also to accomplish its goals as expressed in SEBI Act, 1992, SEBI established SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 1994 in utilization of forces gave under segment 30 of the Act which set out a methodology to be trailed by a claimant for obtaining larger part shares or controlling in another organization, so that cycle of takeover is completed in a reasonable and straightforward way.1,914 views -
Corporate Criminal Liability in Context to Sexual harassment of Women at Workplace
Research scholar at Dr. BR Ambedkar College of Law Andhra University, IndiaPages 2911 - 2920It is a fallacy to believe that only humans are capable of committing a crime. An artificial person, like a business, is a separate legal entity that can conduct crimes. It was formerly thought that a company could not commit any crimes in the 16th and 17th centuries. There were several inconsistencies in the notion of a corporation being a separate legal entity with its own soul and body. As a result, they are unable to commit any criminal or objectionable behavior for which they may be held responsible. However, the notion of corporate criminality has increasingly gained traction. Various rulings, such as Standard Charter Bank V. Directorate of Enforcement, have established liability. It was recognized that a business might commit a crime through its agents and be held responsible. The notion of corporate criminal responsibility stems from a Latin adage, Actus non facitreum, nisi mens sit rea, which states that in order to hold someone responsible, it must be proven that they committed an act or omission that was illegal and done with a guilty mind.962 views -
Letting Go to the Bourne, No Travelers Return: Acquiescing Passive Euthanasia
Student at MIT-WPU School of Law, Pune, IndiaPages 2921 - 2941In India, both the legislature as well as judiciary have been volatile on their stand in holding all forms of active euthanasia illegal. However, there has been a prolonged debate on the validity of passive euthanasia. With different judicial pronouncements and the few legislations in this regard, its legal status has kept on changing in a mercurial manner. In India, for a very long time, the decision of deliberately choosing to die, was considered acceptable only in spiritual realm. However, all the above discussed judicial dictums, scrupulously legitimizing passive euthanasia, discerning it from suicide and delineating guidelines for Advance Directives, reflects how the country’s legal regime is marching towards encapsulating some of that spirit in itself. In this article, the author discusses the judicial developments over the years on the cases related to euthanasia and right to life, and analysed the highly progressive and evolved mindset of the judges has been portrayed through this ruling, in the manner they have tried to direct this dictum to take a leap forward to cope up with the dynamically changing society.941 views -
The Natural Individual: A Fantasy of the Political Economy?
Student at O.P. Jindal Global University, IndiaPages 2942 - 2946Human rights, and International law in general, have been criticised by different schools of thought but one of the most important critiques has been from the Marxist school. Marx saw human rights as an individualistic effort of the elite capitalists to preserve the resources they have piled up by exploiting others and then garner some more. But are the premises used by Marx to arrive at his conclusion on human rights legitimate, or have they been another strand of a utopian socialist thought. The focus of this essay is going to be on outlining and questioning the Marxist critique of Human Rights and particularly on the right to property as a part of the broader rights regime. The essay, while recognizing the importance of Marx’s arguments, contends that even though the assurances sounded by these rights are not so user-friendly in actuality, they still provide the footing for a legitimate human rights regime to be established.876 views -
Inner Line Permit in Assam
LLM Student at Law College Dehradun, Uttaranchal University, IndiaPages 2947 - 2955India is a diversified country with diverse resources, cultures, and identities. However, entry into many Indian states for economic or domestic purposes is now restricted without a legitimate government permit. Inner line permits are the name for this type of permit (ILP). ILP was primarily requested by the northeast state region in order to safeguard their cultural identity and manage the population of their tribes and races within their own state by prohibiting others from entering. It has already been implemented in some north-eastern states (Arunachal Pradesh, Mizoram, and Nagaland), although some north-eastern states have demanded that the ILP system be introduced in their states. As a result, the state of Manipur petitioned the federal government to establish the ILP system in the state. Most restricted/protected places require ILPs for Indian people, whether they are residents or non-residents. However, for acquiring an ILP, the requirements of having a minimum number of travellers and restricting the duration of travel to specified restricted/protected areas are either absent or greatly reduced, but central personnel are not prohibited in those states. The purpose of this paper is to analyse the major issues of ILP in the north-east state of Assam.3,712 views -
Use of Private Transport by College Students: A Threat to Personal Safety and Community Feeling
Student at KIIT School of Law, IndiaPages 2956 - 2967Access to transportation is an important factor in deciding access to key life-enhancing facilities. Almost every aspect of life is affected by it. Where public transport is open to all and generally considered of low quality in urban India, private vehicle is one of the many attractions of modern life that is well sought after. However, not everyone has access to private transportation. Often, this inaccessibility of transportation facilities overlaps with low income and decreased quality of living which heightens social alienation. There are a number of factors which link access to transport and lack of community feeling. The present paper uses secondary data and previous research findings to substantiate the hypothesis that use of private transportation is detrimental to college students, in terms of personal safety and decreasing community feeling and increasing sense of alienation. It attempts to contextualize alienation with respect to differential access to transport via relative deprivation, powerlessness and isolation, specifically in urban areas in India. It also gives an overview of how use of private transportation is harmful for college students in terms of their safety and security and how encouragement of public transportation can help combat the situation.1,339 views -
A Study on the Challenges faced by the Women Fish Vendors with Special Reference to Chennai
Advocate in IndiaPages 2968 - 2996Since ancient period increase of the fisheries population there still exist the poverty and financial instability in the life of fish women vendors in Tamil Nadu. The women fish vendors are at the lowest level of their knowledge towards the law abide to them and the profile in terms of their socio-economic conditions. The women fish vendors are almost neglected in the main and maximum amount of fishes were catches by the fishermen. Women fish vendors are always physically and mentally weaker and affected by the local rowdies and policemen in sometime, they lose their earnings to such policemen and rowdies in force. The current law is not much effective to the fisheries and their family. Fishers are commonly uneducated and poor in the society and they are put hard work to make their children educated. Most of the women fish vendors are treated differently by the society, the workplace of them is not clean and hygiene. The present study is an attempt to analyze the highlights the challenges faced by the fisher women with special reference to Chennai. A total of forty fish vending women were selected for the study and the collected data were shown in percentage.3,103 views