Volume V - Issue III / 2022

‘The issue of men’s sexual victimization in the context of female perpetrator and male victim, specifically in the cases where male victims are ‘forced to penetrate’ by a penis, either vaginally, anally, or orally a female perpetrator does not fall within the existing legal definition of rape in the United Kingdom. This paper explores the issue of ‘forced to penetrate’ cases and makes an argument for legally recognizing and labelling ‘forced to penetrate’ cases as rape. The paper draws upon the lived experiences of male victims and highlights that there are significant similarities between the experiences of victims who are ‘forced to penetrate’ and those who are non-consensually penetrated. The paper suggests that the recognition of ‘forced to penetrate’ cases will improve the understanding about men’s sexual victimization, as well as challenge stereotypes of gender and sex.

Section 128 of the Indian Contract Act holds that the liability of a surety is co-extensive with that of the principal debtor. However, confusions arise when the principal debtor in a contract of guarantee has no liability. One such instance is when the principal debtor is a minor. Does it imply that surety is not liable? One view is that since any contract with a minor is void-ab-intio under the Indian Contract Act, the debt becomes void and the surety will not be liable. On the other hand, some courts are of the view that irrespective of the fact of minority of the principal debtor and applicability of section 128, the surety may be held liable in two situations – 1) case of misrepresentation where the surety has concealed the fact of minority of the principal debtor from the creditor 2) where the minor was supplied with necessities for which the creditor is bound to be reimbursed. This article attempts to analyze the concept through various contradictory approaches taken by courts, in the Indian and English context.

This paper reviews the existence of betting in India and laws related to it. In particular, this paper analyses the pros and cons of legalization of betting and does a comparative study of scenarios in countries where betting is legalized. Lastly, it concludes with the suggestions of what can be done forward to deal with the issue of betting.

Based on the State's territory, ethnicity, religion, culture, and other factors, the differences in the politics of western land law and national land law are clearly shown. The domein verklaring principle is used in western land law, whereas the communal religious concept is used in national land law, which permits individual land tenure with private land rights and includes components of togetherness. Given that it is a political product, the two land laws discussed contain human rights, legal certainty, and justice, along with other components. However, if adopted, it causes undesirable consequences, such as when domein verklaring is used and customary land becomes State land. In this case, it is not the domein norm that is wrong, but rather the domein norm user is used as a tool to achieve the colonial State's goals, because the domein's media is not fully translated. Similarly, if the requirements for the recognition of customary rights are not understood properly and honestly, it may be assumed that there is still a dualism of land law in Indonesia; customary land law and national land law.

Growing old is an irreversible process which every human being has to encounter. Nobody can escape it. Besides, that getting old has numerous issues relating to social security like health care, maintenance, financial aspects and etc. Every elderly person being also a human being is entitled to certain rights. The violations rights of elderly person are concomitant with violations of human rights. Although, the India Constitution under Article 41 provides that the State within its economic capacity and development shall provide public assistance in old age but this is merely an obligation which cannot be enforced. Obviously the judiciary through its decisions has championed the cause of elderly persons. But elderly person don’t enjoy any fundamental right of their own, best suited to address their insecure state of being. No doubt their rights come within the purview of Article 21 but the need of the hour is a holistic socio legal approach to safeguard the rights of elderly people.

The topic of abortion has recently been much contested and debated as a result of legal texts introduced and contentious judgments issued in countries such as the United States and India. These laws and judgments tend to obstruct the fundamental human right to healthcare and safe abortion and obstruct women’s reproductive choices. Everyone is divided as to whether a mother has the right to terminate a pregnancy at any moment or whether an unborn kid has the right to life. The purpose of this research paper is to examine the current situation regarding abortion laws in United States and India and how they tend to violate human rights. Furthermore, the question of when life begins and who has the greater claim to life, the foetus or the woman, will be discussed. In addition, judicial rulings on abortion laws and constitutional obligations would be investigated. As a result, the research paper would depict how abortion laws and human rights laws are parallel to one another and one forms the core of the other.

In the recent past, under the provisions of the NDPS Act, 1985, which is a special Act, on account of the difficulties being faced by FSL, the empowered officers of empowered departments have been filing charge sheet without annexing the final conformity test report of the Forensic Science Laboratory to the charge sheet under section 173(2) of Criminal Procedure Code, 1973. There has been divergence of views amongst various High Courts on the issue and this article analyses the issues involved extensively.

Whistleblowing was intended to originally mean the practice of the British era, when the policemen blew their whistles when they witnessed a crime being committed. Whistle blower mechanism is when the employee or a member of the corporation exposes or discloses any misconduct or illegal conduct of affairs of the same. It typically means ‘calling out’ the attention of the key managerial personnel to any wrongdoing taking place in the organization or pinpointing the conduct, unethical behavior that presents to be a concern to the management. Whistle blowing aspect proves to be a ‘check and balance’ system as it enables the employees to check the management’s actions and in turn, delve upon their own. Whistleblowing mechanism seeks its precedence from the audit committees as well as serves penalties thus establishing the purview of ‘comply or explain’ approach of functioning. This Research Paper aims at elucidating the intricacies of the Sarbanes- Oxley Act, 2002; Indian Companies Act, 2013 and the Corporate Governance Voluntary Guidelines, 2009 where the Governments of United States of America and India strove to pinpoint provisions that are critical to both, govern the existing legislation pertaining to whistle blower protection and to regulate the whistle blowing mechanism with reference to any further developments. Corporate Governance and Whistleblowing are interrelated by means of providing the company with various guidelines and code of conduct by establishing that it is not only the management that is empowered to set rules and seek adherence, but their liability to work without any malafide intent.

The following research paper focuses on explaining the concept of capital budgeting. The meaning, enhancements and aspects related to the concept and how it is one of the most important aspect for the private sector. It initially explains the basic definitions and meaning of terminologies involved in the spotlight and its interpretation. Furthermore, the paper tries to analyse the various ways in which capital budgeting is important for the overall development of the private sector. Like all the other concepts of economics and corporate laws, this also has certain drawback which are states in detail followed by the techniques and methodologies that should be used by the companies or are usually used for the said purpose. Subsequently, the impact of covid 19 on the whole issue is also studied in brief. In conclusion the research paper explains how capital budgeting is more or less a gamble as future endeavours can never be predicted in the light of the recent shutting down of various companies because of the covid 19 pandemic

Making money or becoming wealthy is the sole objective of every business, and the size or quantity of the profit is the sole determinant of how well the firm performs. On the other side, business ethics should ensure that individuals do not neglect their own needs and safety in the pursuit of profit. According to Mahatma Gandhi, business and industry should be conducted for the greater interest of the community, and businesses should view society as a good friend. This indicates that a businessman should generate revenue and spend it for the greater welfare of the community. Along with producing money, they should conduct their businesses for the greater benefit of society, with the greater good of society being their primary objective while making money. But a lot of companies especially multinational corporations (MNC) have violated this notion of corporate governance by overlooking corporate social responsibilities (CSR) and basic human rights in underdeveloped and developing countries. It is claimed that in order to enable economic growth, third world governments are hesitant to apply human rights due diligence standards mandated by international legal mechanisms for corporations. Therefore, this paper will look into the concept of corporate governance in relation to corporate social responsibilities and suggest how corporates can be made more accountable to its stakeholders and the society.

The Constitution of India guarantees the most basic inherent rights which are protected under Part III. All the citizens of the country, India enjoy the fundamental rights like Right to Equality, Right to Life, etc. But the persons who belong to the LGBT Community are still topic of a dispute. They are also living as a citizen in this country and should be treated similarly as other citizens. The country, India has been lost its citizenship between the individuals of this country. It is the scenario when there is lack of work, education and discrimination of their caste, creed, etc, amongst LGBT individuals in the society. The manner in which it has developed and been treated. It is implanted into the mind of people who still think it to be a mental disorder or a criminal by the olden civilization, which is a form of mind control. Bringing the idea of how India was working on it, as well as how the public are dealing only with openness of it, to the forefront. People all throughout the world are subjected to violence and inequity because of their appearance or the person they love. This creates social and economic hurdles, undesired stigmas be gone, and so this place be transformed into a safe sanctuary for people of all backgrounds, with rights being treated equally distributed between everyone present. The constant strain and scrutiny placed on the actions and the concept of LGBT causes some minor problems. Hence, Human beings are just that: human beings should be treated in the same way and in the same way. The research will be doctrinal research. The present research divided into the following chapterizations. They are: Firstly the overview of LGBT community. Secondly, the constitutional rights guaranteed to the community. Thirdly, issues and challenges faced by the LGBT Community and lastly conclusion and recommendations. This study is an attempt to evaluate the role of LGBTQ individuals as well as their rights which are violating in the present society. And by this, researcher would like to get a new conclusion.

Mercy petition is one of the most debated and stressed topics in the sphere of law and justice at national and international levels. The discussion on mercy petition and death penalty is never ending, be it the House of Commons or United Nation Human Rights Commission. At this time most of the countries have already abolished the death penalty or are under a moratorium but India is still on the verge of seeking reform on Mercy petition as well as capital punishment. Mercy Petition and death penalty are interrelated because it is only when a convict is being sentenced with death penalty the need for knocking the door of president arises. Even after so many years of independence there is still impediment in the “proper application of mercy petition and death penalty” in India. The long delay and inefficiency in dealing with a mercy petition is the most lamenting part of the executive. The debilitating effects of this complex phenomenon imposed upon the prisoners that can be only called a living death are far beyond the maximum suffering permitted by Article 21. As per a report , there are 142 which have abolished the death penalty. Still, India is defending the retributive theory and forgetting the words of Gandhi, "an eye for an eye makes world blind". Under the Indian Constitution clemency powers are given to the President of India and Governor of the States by the virtue of Article 72 and 161 respectively. The said articles authorize the executive to grant Pardon, commute, suspend, reprieve, respite and to remit the capital punishment even if sentenced by the highest court of the land. The mercy can be granted by the President on any redeeming fact of the case, trial or other factors. Yet the numbers show that the outcomes of mercy petition depend less on the crime or the criminal but on the fact that who occupies the Rashtrapati Bhavan.3 Under the provisions of the Constitution President and Governor can reduce the sentence of the prisoner or can grant pardon altogether. In cases of death penalty the President can commute it to life imprisonment but his decision is based on the recommendation of the home minister. President can ask the minister to reconsider but if the minister insists on the death penalty then the option available is either to comply or to exercise pocket veto, leaving the decision pending for their successor. The pocket veto is the only way for a president to express disagreement with the Home Ministry‟s recommendation. In India the death row prisons have to face long delays in trial, appeals and thereafter in executive clemency because of which they suffer from extreme agony, anxiety and debilitating fear arising out of an imminent yet uncertain execution.” This paper focuses on clemency power of the executive and how they decide mercy petitions. Also this paper will try to highlight the problems and irregularities that take place while deciding mercy petition and how that leads to grave violation of human rights. Also, with the help of cases and data this paper emphasizes on the need to improve the existing system

The debate on 'Right to Food' in India has evolved from various International Covenants of which India is a signatory. Article 25(1) of the United Nations Declaration of Human Rights (UDHR) states that ''everyone has the right to a standard of living adequate for the health and well-being of himself and his family including food, clothing, and housing..''. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also recognizes right to food as a basic human right . Other International instruments such as the Food and Agricultural Organisation (FAO) has declared that ''ensuring humanity’s freedom from hunger'' is one of its basic purposes. The overspread of constitutional provisions in respect of 'Right to Food' is contained in Part III and Part IV of the Constitution of India. While some are very general in nature, others are very specific. Art. 39(f) ordains that the children be given opportunities and facilities to develop in a healthy manner. Article 21 which entitles the protection of life and personal liberty except according to procedure established by law in its expanded meaning includes the right to food and finally, Article 47 which is part of the Directive Principles of State policy states that ''The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties..''. While such directive is not enforceable in a court of law, care should be taken not to take it lightly as it is a cornerstone on which our constitution is founded and is aimed towards the socio-economic upliftment of the people. This paper reviews the role of International Conventions and other their relation with an article 21 of our constitution in eradicating hunger death especially in children scenario.

Demographics can set the economic, social, and cultural tone of any nation and has immense potential to create structural shifts across economic unit. Geo-Political dynamics are crucial factors for economic development wherein policy stance about demographic conditions can determine fate of real progress. Though the rising population is an eminent threat, identifying an inflection point can trigger course corrective actions especially for emerging countries such as India where slight imbalance between Demand-Supply equation can have serious repercussion on millions of people. Present article briefly sheds a light on the worsen situation arose out of Demographic Combination leading to record high unemployment though plausible room to utilize the skilled human resource is still in place and needs paradigm policy shifts accompanied by implementation efforts.

On August 24, 2017, a committee of nine judges from the Supreme Court of India regarded the right to privacy as a fundamental right to constitutional status. There is no denying that privacy issues have been discussed and spoken in India for quite some time. With this in mind, this article attempts to examine the various discussions, evaluations, and discussions about privacy rights that have taken place in India for a long time and have contributed to the development of India's right to privacy. The purpose of this paper is to present a true advance in the right to privacy in India to understand the importance of this idea in the existence of humans and society as a whole. First, the meaning of "privacy" is considered, followed by the development of the right to privacy and its various aspects in India. Then for the modern times ,we would focus on the British period's Right to Privacy and the various contentions and considerations that occurred in the Constituent Assembly post-independence to make it a piece of the Constitution of India. Finally, this article addresses each of the privacy issues raised by the Supreme Court and recognizes what these proceedings meant in establishing the constitutional status of privacy rights in India.

The Legalisation and regulation of prostitution in India is a perpetual polemical debate. Though marked as unethical, it is thriving behind the curtains in India.India is also a nest to the largest red-light districts in Asia with thousands of Brothels and pimps selling minor girls and women for sex without consent or any protection, thus also home to rapidly growing human trafficking and increasing STD. Prostitution is the oldest profession in the world, as also mentioned by Kautilya in his masterpiece ‘Arthashastra’, and eradicating this profession is futile. As quoted by the Honourable Supreme Court in December 2009 -“if you cannot curb it by laws, then legalise it”, it also added that legalising prostitution would help monitor the trade and rehabilitate sex workers. This paper is written in the context of an evolving minded societies where criminalisation doesn’t help the prostitute abscond from prostitution, and legalisation wouldn’t snare them in it. Writing this paper, my initiation is to throw light on the path of a welfare system where the profession is regulated and protects minors from sexual exploitation, basic rights, and safety as being involved in sex work doesn’t mean that consent is negated, rights in the workplace, health card with routine checkup’s, removal of middlemen man and pimps, with also comparative studies with countries that have legalised and regulated it.

The following article is about international law and why it is called a weak law. In this article, the thoughts of various jurists such as Thomas Hobbes, John Austin, Thomas Holland, Bentham, Pollock, Lawrence, and Hall about the International laws are mentioned. It also elaborates United Nations Charter 1945 and its essential articles such as Articles 41, 42, 43, 51, articles 2(3), etc. Also, it elaborates on its organs, such as the General Assembly, Security Council, Trusteeship Council, International Court of Justice, and United Nations Secretariat. This article is majorly concerned with the State Jurisdiction dispute between the nation. It explains the State Jurisdiction in detail with important case law such as S.S. Lotus case 1927, Fisheries Jurisdiction case of 1973, etc. The following article also elaborates on the current Ukraine Russia is a dispute and the role of the International Court of Justice and the United Nations Charter in short part of International laws in that dispute. At last, the author also mentions the steps that could be taken to better the International laws as a conclusion of this article.

Sri Lanka is now at the edge of a Socio-Economic and Political collapse. The country has descended into its worst financial crisis since independence, with food, fuel, medicine and electricity becoming increasingly scarce. During and after the Covid-19 pandemic situation, mismanagement of the government led the country to chaos. Now, thousands take to the streets to call for the resignation of president Gotabaya Rajapaksa and the entire government. Also, they demand an audit of the wealth of the Rajapaksa family and their henchmen. The people reject and neglect the government as well as the parliament and demand all power to the people.

Gender prejudice is a frequently discussed topic. The dominant socio-political factors demonstrate that the fairer gender is not only marginalised, but also continues to exist in a condition of suppression. Today's women who face adversity continue to achieve in every sector. Sports are one area where it is considered that gender concerns are resolved without reservation. However, a general observation, whether in terms of prize money, celebrity value, advertising/sponsorship relevance, or media coverage received, indicates that not everything is well in the sports arena. Women benefit from sports participation just as much as men do, as it helps build leadership abilities, boosts self-esteem and grades, and promotes physical fitness and health. To mention a few, the pitiful stipend offered to female athletes in comparison to male athletes, the bias associated with earning sports honours, the scarcity of female coaches, the absence of family support, or the issue of sexual harassment, etc. Several more concerns have harmed the status of female athletes. Male supremacy in sports has become a nightmare for female athletes, who have been bereft of self-esteem as a result of a myriad of cases of gender discrimination in their pursuit of professions in the sphere of sports. This can result in an upsurge in male athletes' aggression against women. We need to foster an environment in which sports and fitness are accessible to all, not just a select few, and in which each individual's skills are evaluated and acknowledged.

The corporate boardrooms of the Wall Street and the American business media have been talking about Special Purpose Acquisition Companies (hereinafter referred to as “SPACs”) in their day-to-day affairs. Recently, they have become an apple of the eye of America’s corporate domain and have garnered a lot of attention. The SPACs, though in existence since 1990s, have taken the US Market by storm. In the first quarter of 2021, almost USD 96 billion were invested, which surpassed the total capital raised through SPACs in 2020 amounting to USD 80 billion. As of 13th March 2022, SPACs have raised USD 9.6 billion. They have stamped their hegemony in the Wall Street as in 2020 they accounted for 50% of the newly public listed US entities. It has become a new buzzword in the vocabulary of every prospective investor and they are certainly starting to engage with these companies in order to gain a better return on investment and utilization of the funds for essential measures. Investor optimism is vital for any company to flourish and their consistent belief is the key to a company’s success. SPACs give the investors an opportunity to diversify their investment in a range of industries offering them better terms than a traditional IPO. India’s quest of becoming a global economic superpower has accelerated in the past decade. The Indian capital markets are flourishing, the investor confidence is at its peak and the policy measures are attractive for increased foreign investment and employment generation. The rise in India’s Purchasing Power Parity (PPP) , accelerating GDP growth and infrastructure capabilities have made India a safe and trustworthy economic haven. One of the key contributors to this growth is the Start-up ecosystem. Over the years, with their increased presence and enhanced capabilities, have steered India to significant growth prospects and SPACs can certainly encourage and boost more entrepreneurs to come up with more such start-ups by enabling access to capital. The author makes an attempt to understand how SPACs can influence the Indian Start-up ecosystem by looking into the opportunities it offers and how SPACs can prove to be an important determinant of success of start-ups in India. The author throws light into the regulatory and tax considerations surrounding the SPACs and also the future of SPACs in becoming the most popular asset class of India Inc.

This research paper states a complete analysis of mob lynching and laws against mob lynching in India. In developing India, mob lynching is familiar. It’s unusual behaviour to gather a crowd and make it into a mob lynching. Antisocial behaviour is another facet of mob lynching. The term "mob lynching" refers to the murdering of someone by a crowd for an alleged crime without concern for jurisprudence or due process of law. A Lynching is more than just a murder. While a murder may take place in secret, lynching is a public spectacle that requires a spectator. Caste, religion, and political parties are all major elements in mob lynching. Although mob lynching is not specified in criminal law, it is permissible to punish two or more people for the same offences committed during the same transaction under the Criminal procedure code. Though this provision is insufficient for punishing offenders. So, there is an exigency of laws for prevention of the felony. This paper will throw light on some contemporary cases of mob lynching in India are Palghar issue, Golden temple mob lynching, kherlanji case etc. This paper contains of both doctrinal and empirical data. The objective of this research paper is to implement a law to curb mob lynching in India. This paper will also lay sight on the laws which are implemented by states to curb mob lynching and the recent amendments made in the context of mob lynching.

The antiquity of Indian legal system has long been acknowledged by many. The importance of finance was well recognized in ancient India and treasury was considered to be a part of the State. Ancient India had a clear and humane tax policy. There were several types of taxes. The difference between tax and non-tax revenue was well recognized. Various officials were appointed for tax collection and revenue administration. Ancient Indian law makers emphasized that citizens should not be put to hardship by way of taxes. Mahabharata, Arthasastra, Manusmriti, Apastamba Sutra, Sukraniti and other Dharmasastras dealt on taxation. The taxation system in ancient India was more advanced than the contemporary nations. Taxes were categorized under various heads akin to the modern classification. The tax rates were reasonable and people friendly and had many features which arise from the policies of a welfare state. Even the rich were not approached in a biased manner. Tax exemptions were granted to a various category of people. Taxation system included Land revenue, Sales tax, Income Tax and Imports and exports duty. The hierarchy of state authorities and their duties were well defined. During emergencies, extra taxes were collected to tide over the emergency, but here also the limits were prescribed. Permissible heads and limits of public expenditure were well defined. State had to maintain funds to meet the expenses for twenty years. Detailed accounts were maintained in a scrupulous manner, audited and submitted to the cabinet. There was a state insurance for goods. Overall, the tax system and revenue management were at par with any developed state.

The research paper objective is to understand the scope and extent of the term “minority” and about their rights mentioned under our constitution in Article 29 and Article 30. The paper aims to answer the question of the extension of autonomy granted to minority education institutions to preserve and protect their culture, language, and religion. These rights are the results of uncertainty, insecurities and self doubt among minorities due to their susceptible position in the society. This eventually led to minorities to demand rights which were generally declined by our constituent assembly and as a substitute Article 30 was introduced which came without any restriction to minorities. Nevertheless, it was essential for minorities to understand that the right given under Article 30 was not above the laws which led to intervention of the Hon'ble Supreme Court in the interest of minorities. The Hon’ble Supreme Court, in the course of interpreting Article 30 of the constitution, through many cases, has laid down the measure and extent of article 30 which is granting minority community the right to administer and establish educational institution for improvement of their community, the constituent assembly intention while providing Article 30 in the constitution is to preclude majority to enforce such laws which takes away minority rights. Thus interference of the Hon'ble Supreme Court was due to the vulnerable position of minorities in the society. The research paper also calls for attention that the right given to minorities is granted with the purpose of safeguarding secularism in the country which is the foundation of the Indian constitution. The author tried to answer the questions of autonomy to minority institutions and also shed light on the question which deals with Article 29 & 30, i.e., State Funding Religious Educational Institutions Consistent With the Constitution's Secular Scheme?

The only constant aspect in this 21st century is change and today’s world has proved to be positive due to its speed of evolving & development compared to the past decade. One of those ever evolving aspects is technology, as we evolve into a digital world, education, Jobs & entertainment takes place online on electronic platforms including crimes. The most common cyber-crime affecting mental health is cyber-bullying on social media platforms. The law is a two edged sword that protects and punishes vested with the power to protect its subjects wellbeing, however anti-cyber bullying laws haven’t been clearly defined in the Indian penal code rather the IT Act has merely defined & enumerated offences of cyber-crimes including cyber bullying. Therefore, one question still stands, has the law fully covered and done its due diligence towards the protection of its subject’s mental health against the atrocities of cyber-bullying? Can the law use its sword to protect its subject’s mental health against cyber-bullying? These questions are answered in this research as a deep study is taken to determine ways in which the law has & can fully protect its subject’s mental health against cyber-bullying.

A Lokayukta is the state’s version of Lokpal, which applies to the union (Central) government. Investigates graft cases against politicians, public servants and functionaries. No person of the mentioned capacity is immune to investigation. A person who has served as the Chief Justice of India or the former Judge of the High Court can become the chairman of Lokayukta. The Lokayukta is an important tool by which citizens can achieve smooth and corruption free administration. There is an established Lokpal at the central level and a Lokayukta at the state level. These two institutions will work towards the betterment of the common people by safeguarding their interests and politicians and bureaucrats cannot intervene in their working. The citizens will have the right to file complaints and also appeal if need be to the High Courts of the respective State or the Supreme Court. In this research project the Lokayukta in Goa is being discussed. The aim of this research is to study the working of the Lokayukta and the part it plays in prevention of corruption in the State of Goa. Though this study, I hope to present the limitations that are bearing upon the effective working of the Lokayukta. For this research work, the approach used is analytical and methodical by way of using different agendas and presenting conducting surveys. These are the primary methods which will be effectually be the base for this study. This project will shine a light on public awareness of the legal mechanisms apparent with regard to the Lokayukta in the State of Goa also an analysis of the legal mechanism currently in force along with methods by which corruption can be prevented.

In an age of technological innovation and increased use of social media, every person portrays one or other viewpoint that is relevant to politics, current affairs and many other subjects, but what if one could be legally convicted for expressing opinions. The landmark judgment of Shreya Singhal Case , if any person posts “offensive content” on social media may be arrested under the section 66A of the IT Act, this was held unconstitutional. The Supreme Court took cognizance of all petitions pertaining to the constitutionality of provisions relating to 66A, 69A, and 79 of the IT Act of 2000, as well as the regulations issued under those sections. Pursuant to section 66 A of IT Act where in there where the arrests being made which were violating Article 19(1)(a) of the Constitution of India. This legislation, arbitrarily unfairly and disproportionately, infringes the right to freedom of expression and has no immediate connection with the stimulation to commit an offence. The apex court for indepth study for impact and content of free speech was comprehensively focused on American judgments. In addition, the Supreme Court recognized that the same degree of procedural oversight must be extended to laws that aim to restrict internet content as would be applied to laws that regulate more conventional media. This landmark Judgment signifies the triumph of freedom of expression in India.

Environmental pollution has become a grave and much discussed problem today. This is particularly so with regard to air. Air pollution is not one of recent origin. The references in classical and early records to the ill effects of 'noxious air' clearly indicate that the problem of air pollution is a historical one. Air pollution means many things to people. To the motorist and the pilot it means reduction of visibility. To the public health worker it is a source of chronic and acute effects on health of people which lead to increased death rates. To the ecologist it means environmental degradation. Air pollution in urban areas arises from multiple sources, which may vary with location and developmental activities. Anthropogenic activities as rampant industrialization, exploitation and over consumption of natural resources, ever growing population size are major contributors of air pollution. The purpose of this paper is to examine various aspects of air pollution in India and control legislation, along with some landmark judgments regarding air pollution.

In the world history, 17 century had profound impact on the Earth and its nations as it concerned with the Industrial Revolution. The industrial revolution had a mammoth impact on the environment in terms of shift from green environment to black environment. The year 1972, the United Nations and countries of the world had convened a conference for the Human Environment. The actions initiated in the Conference had been the foundation for the protection and sustenance of the environment for the human species. The year 1987, the United Nations published report on Environment and Development: Our Common Future for International Environmental Law on environment as fountainhead to safeguard and sustainable development. The subsequent years followed the United Nations and countries of North and South joining hand and feet together for the common objective of Save Environment and Save Earth. The expression of the objective to save environment reflected in the subsequent United Nations undertaken agreements, conferences and the programmes in terms of United Nations Environment Program, 1992, 2002, 2012 conferences on Human environment and Program on Climate Change. The current stream of international environmental law seeks establishing relation between rights and needs of man and rights of environment. In the matrix of international agreements for environmental protection, environment serves as means to an end to man’s goal to progress. The ancient Indian literature comprising of Mandukya Upanishad, suggests nothing is outside man, that there is no separate entity. The Isavasya Upanishad tells there is no separation between man and other beings in the Universe. This paper focuses on the Indian approach to understanding environment in ancient jurisprudence and its significance to human life and attempts to bring two times and spaces. The paper engages with the theme to establish the link between Indian environmentalism and Western environmental approach.

The sports betting industry has grown rapidly over the last few decades and is now a multibillion-dollar industry. Sports betting is illegal in India under the current legal framework. The Public Gambling Act, 1867 is the primary piece of legislation that severely restricts gambling by excluding certain categories. It is contradictory in that it allows gambling in horse racing but prohibits it in other sports. Because it is a colonial law, it is also ignorant of online gambling. The current framework is incapable of elucidating an issue that is rapidly escalating. Sports betting is unavoidable, and legalising gambling appears to be the only solution to this enormous problem. Several committees, including the Mudgal Committee and the Lodha Committee, have taken a strong stance in favour of legalising sports betting. Regulating sports betting will provide financial benefits to the government, assist in job creation, and reduce the threat posed by black markets. The law was based on the premise that it is a game determined entirely or partially by chance, but gambling in sports involves the application of skill and knowledge by the individuals involved in the activity. The research paper addresses a significant contemporary issue that is horrifying in nature and attempts to propose a solution to it. The authors will assess the current situation of sports betting in India, provide arguments for its legalisation, and compare it to the international scenario in this research paper. To reach a firm conclusion, the authors relied on books, law journals, credible internet sources, and credible reports and articles.

Development of technology has brought a big change in the world especially from 20th century. This technology development has also brought a big change in the information technology which is now being used by other people for the development purposes such as trading activities, for education purpose and others are using it to earn income which is not legal by stealing and hacking other people’s accounts which then has led to the huge loss of their accounts. This research paper has addressed three main issues the procedures on enforcement of cyber law on cyber scam as part of cybercrime its challenges in enforcement of the laws as a threat to cyber security in India and the effects in the society caused due to failure of enforcement of laws to stop such acts in India. Cyber scam has become a huge problem in different parts of the world as growing technical way of crime by criminal. Individuals and organisation lose a lot of their fund due to such acts which criminals try to earn money easily from them. The laws and implementation need a good collaboration and association among the nations to formulate laws according to the development of the technology as it can be done beyond boundaries of the country.

The Supreme Court in May 2021, delivered a judgement. The main point of consideration was, whether a dying declaration can be considered as a sole and non questionable evidence in a case. This case analysis give a complete outlook of the case and further explains the reasoning given by the Supreme Court over evidentiary value and circumstantial importance of dying declaration

The Doctrine of separation of powers means that one person or body of persons should not exercise all three types of powers of government i.e. Executive would be the same persons there would be a danger, because the one who implements the law will become the Legislature himself and he will make arbitrary law, not only this, he also interprets the law himself, likewise if one person or body of persons could exercise both executive and judicial powers in same matter there would be complete tyranny. Hence, the separation of government powers is essential. The typical division is in to three branches : a legislative, an executive and a judiciary, which is the trias political model. It can be contrasted with the ‘fusion of powers’ in ‘parliamentary and semi-presidential systems’, where the executive and legislative branches overlap. But at the same time this division of powers creates some controversy, when the legislative organ try to overriding on judiciary, or the judiciary declares the laws as unconstitutional which made by the legislature, not only this, the parliament has always taken the support of amendment of constitution to prevent the effect of judicial decisions. Article 50 of our constitution provides that the state shall take steps to separate the judiciary from the executive in the public services of the state. But the practice no separation is visible. In India, each organ of the government, being independent in it own sphere, is subject to another organ to some extent following the principle of checks and balances. The concept of check and balances implies that the functioning of one organ is to be checked in some measure by the other.

Sustainable development is indispensable for the survival of human beings. Every nation and its people have the right to development. However, if such development is at the cost of marginalized sections of society, it is short-term and unsustainable. Moreover, such development results in injustice in marginalized communities. Tribal people are part of such marginalized groups which are victims of such injustice. They have been deprived of their basic human rights for centuries. Tribal people have their identity attached to their distinct culture and land. Apart from the identity crisis, they also face issues such as the right to property, displacement, rehabilitation, etc. It is vital for these people all over the globe to have easy access to their lands and territories, as well as to ensure that the natural resources on those lands and territories are protected and preserved. In every country of the world, tribal people are vulnerable, and their rights are often sacrificed in the name of development. A comprehensive study of two different tribes in different parts of the world on the similar issue regarding rights of their community from oppression of corporate giants and sovereign authority, Dongria tribe in India and Saramaka people in Latin America are two such tribes that have the same story to tell. Both Tribes became victims of blindfolded developmental practices, and they fought against that. Fortunately, their voices were heard, and justice was delivered. The researchers in this paper have comparatively analyzed these two case studies. The present paper reflects the doctrinal research done by the researchers about the factual histories, issues, and the final decisions in both these cases.

The people, or population, are one of the most important factors in the state, and the government's inability to defend the people's fulfilment and rights, as well as to conduct geopolitical propaganda, are the fundamental causes of today's issues and crises. The world's perceptions of politics and war changed radically during the twentieth century. Without a doubt, the twentieth century has seen a shift from conventional to urban warfare, as well as other factors, resulting in natural and forced migration, immigration, displacements, and refugee movements as people strive to protect themselves and future generations from atrocities. At present, Refugee Law is primarily governed by the 1951 Convention its 1967 Protocol, and UNHCR guidelines but as seen by numerous examples from throughout the world, the existence of a framework is not sufficient. There is a significant disconnect between theory and practice. To share the same viewpoint, the research paper is structured into several sections with the main objective to analyse the legal instruments parallel with the case of Rohingyas. The paper aims to understand the refugee’s law and its theory, the legal instruments and response to it and the practice of refugee’s treatment associating with the Rohingya’s issue. With the view that a comprehensive analysis can be formulated to understand the disparity between the theory law and the practice law.

Through centuries of continuous exploitation and damage to the environment, humans have degraded the resources for their own survival. Climate change and the extinction of several species are the outcomes of the long-term destruction of the environment. Still, big corporations and many states are ignoring this fact and damaging the environment for their own profit. For decades, various legal experts, environmentalists, and philanthropists have been working on criminalising "ecocide" and adding it as the fifth international crime to the Rome Statute. For the better implementation of this right, we need a law that criminalises that crime against the environment at a global level. Many countries have included crimes against the environment in their national penal codes. But we need a convention that harmonises the laws in the area of criminalising ecocide at a global level. This research paper is divided into four parts. The first part focuses on the evolution and conceptual understanding of the term "ecocide." The second part will deal with the legislative framework at the domestic and international stage. The third part will include the implication of ecocide in various states and case studies related to it. The last part will conclude with an analysis of the situation based on the criminalisation of ecocide and why there is a need for the convention on ecocide.

It is a fallacy to believe that only humans are capable of committing a crime. An artificial person, like a firm, company or corporation, is a separate legal entity that can also commit a crime. When it comes to white collar crimes, India is not an unknown territory. In fact, considering the number of corporate scams appearing every day and affecting the general economy and welfare of the state , it is a serious contemporary issue due to the multifaceted components involved in the nature of such crimes. In the current environment, corporate criminal liability must be enhanced. The phenomenon of corporate criminality arose in the 20th century. The corporate world has a significant impact on our lives, whether directly or indirectly. With the growth of corporations, they do play an important role in our economy. Nevertheless, our society faces the risk of being exploited by these corporations, thus they must be deterred too. Laws pertaining to corporate criminal liability are being strengthened, notably in the aftermath of the Bhopal gas tragedy. However, it is still in its infancy. The issue of corporation’s criminal liability for offences committed by its directors, managers, officers and other personnel while doing corporate business has attracted a lot of attention in criminal law jurisprudence. The prospect of establishing criminal liability on a corporation is predicated on its independence. The paper identifies if whether a corporation, as an artificial person, is capable of committing a crime and hence subject to criminal liability under the law and also examines the place of the legal maxim ‘actus non facit reum nisi mens sit rea’ which means that act is not wrongful unless it is done with a wrongful state of mind. The traditional belief was that a company could not commit a crime since criminal liability needed intent, which could not be formed by a corporation without a mind. A corporation also lacked a body that could be imprisoned. The paper seeks to shade light on the evolution of corporate criminal liability in India and its various legal facets. It further determines the jurisprudential standing in contemporary India. Ultimately, it provides suggestions to curb white collar crimes.

Environmental protection is a global challenge that cannot be observed as an isolated problem of one country. Since development and exploitation go together, ends to action cannot be determined, and consequently, one cannot escape from exploitation. Climate has been affected by the increase in human economic activities. Natural resources are being exploited at large, and the protection of these resources has become a significant concern that requires us to revisit our legal structure and policies. India ranks 177 out of 180 in EPI (Environmental Performance Index), 2021 due to poor performance in environmental health policy and deaths. India has signed various treaties which have binding and nonbinding effects at different conferences. These international treaties and obligations have influenced India's environmental policies and statutes. But the enactments are observed to be done without real commitment by the executives, resulting in judicial intervention time and again. India has the most extensive legal framework of environmental laws in the world. However, challenges to implementing these laws exist. The author will attempt to analyze the current challenge for an effective and efficient regulatory regime.

Cybercrime is the same old thing, yet expanded degrees of network, remote working, dependence on innovation, and mechanization implies the gamble of assault is rising quickly. In this article, we take a gander at the normal sorts of cybercrime and how you can safeguard your business against them. The Covid pandemic has made numerous associations more helpless against digital assaults as a result of: loosened up control conditions; re-examined cycles and methodology; and changing worker labour force profiles. All hoodlums target weaknesses, and this is the same on the web. Holes in your protections can be designated both at a human and framework level. Pandemic to the side, the most recent five years have seen a few critical information security breaks at high-profile associations. Organizations should be more ready and prepared to recognize and answer advanced dangers. Considerably bigger corporate associations that put fundamentally in IT security should remain continually in the know regarding the developing digital danger scene. This paper deals with the diverse cybercrimes which is predominant in this present time. And it also deals with the provision in information technology act and other initiative of the government to curb cybercrime.

This paper examines the contribution India has made to the advisory jurisdiction of the International Court of Justice (Court). It analysis the development of jurisdiction with the contribution of India's opinion and examines the major cases in which India was involved as a party, and determine the attitude of India towards the Court. There is a lack of literature on this topic because of the limited number of cases India has been a part of as a party. We will mainly focus on these cases which India has been part of rather than the general procedure of the ICJ and try to draw a conclusion as to the contribution India has made to the advisory jurisdiction. This paper will start with an Introduction and subsequently, discuss all the six cases under six different headings and analyze India's position in each of the cases and the impact it made on the jurisdiction of the Court. In the end, give concluding remarks to end the paper. Our research methodology is mostly based on a comparative and analytical basis. Rely on different Research papers, Reports, Letters and Provisions for the research. Whether India's contribution can be seen as isolated thinking or influenced by other theories or world views? What is the influence made on the advisory proceeding and jurisdiction? These are some of the major questions that arise while discussing India's contribution to the advisory jurisdiction and functioning of the Court, which we will answer through this paper.

The Pharmaceutical industry located in multiples parts of the world characterize themselves as one of the riskiest businesses. In spite of the same, the industry constantly strives towards innovative medical substances and ground breaking treatments to eradicate global illnesses. Vaccines are pivotal pharmaceutical commodities, formulated to eliminate acute infectious diseases and create “herd immunity” with the vision of securing a wholesome community. Few instances of success in vaccination includes – immunization against yellow fever and small pox. The recent debate for and against the temporary waive of vaccinations in light of COVID 19 necessitates an in-depth study into the Intellectual Property Law governing pharmaceutical products especially vaccinations. Furthermore, through this paper, the researcher sheds light up on domestic statutes and international treaties governing vaccines and IPR. Lastly, the repercussions of waiver of intellectual rights of pharmaceutical companies shall be highlighted throughout the paper.

India is a country with various castes, religion, and languages. People from different religion follow different language in our country. For this the term “unity” is given. But the ground reality is way different. The Constitution made this reservation for 10 years after independence so that the practices against the backward classes should be stopped and these classes can be uplifted. But in the present world the scenario is totally different as the reservation policy is not implemented as it was done in starting. Today this policy is simply used by Politician as a vote bank. In present society the one who need the benefits from the reservation policy are not even aware of their rights. Today this policy is just for the name as it is not being implemented as it should be. This paper covers the origin of the reservation policy and how it was first implemented. It covers how this policy was started and for the betterment of the backward classes. This paper includes the suggestions which puts light on the current situation and what can be done to make this policy to reach to the one who actually needs it.

Customs and traditions or statutes have always been a topic of discussion. The validity of the constitution has always been questioned majorly by the politico- religious groups. India is a diverse country consisting of different religions and all these religions follow different laws. Therefore, it puts the courts at a tough spot. Though the constitution is considered to be the supreme, it is important to understand what may be morally right may not be legally right too. Feminism and preservations of customs and traditions for the future generations are two different topics which should be practically interpreted and dealt with.

Abuse manipulates and twists a child’s natural sense of trust and love. Bullying is one of the most prevalent occurrences seen among youngsters. In this internet era where use of mobile phones and computers has rapidly increased over time and cyber bullying has also become common practice. Although bullying is not age or gender restricted, it mostly occurs in schools and colleges. Bullying is a very common social experience throughout the country. They cling upon the hope that growing up will bring them freedom. Outcome of those aggressive acts are never good; it makes the morale of the victim go downhill especially when schools and parents wilfully neglect the severity of bullying, and it is just seen as quarrels between children. Our government and educational institutes have been putting many efforts to put an end to this social evil of child bullying and ragging. This research is aimed to study the relation between bullying and its impact on a child's scholastically and socially sphere. It will also give an overview on violence at school along with welfare and health of students. In the present paper we will discuss the different types of bullying, its causes, and reasons, reviewing surveys conducted in other countries and its comparison with our countries current scenario while covering laws related to it. Therefore, giving particular attention to frequency of its occurrence and focusing on outcomes of bullying and victimization also dedicating a section on its prevention.

Gender neutrality is a bone of contention in contemporary India. Indian penal laws are biased, unfavorable, and silent on the nitty-gritty of rape against males and other genders. It is all moonshine to frames laws based on prejudice and the stereotype that a male is the sole perpetrator of sexual offences. Penal law framers should consider males and other genders also as a “part and parcel of society”. It is astonishing to know that a “lot of persistent and predominant lacunas still haunt the efficacy of the archaic punitive legislation of India”. Gender-neutral laws are predominantly an acknowledgment of the victimization of a person irrespective of his gender; thereby, it is not at all in any way mitigating or negating the victimization of women. The researcher intends to simply “recognize the victimization of another vital class of the society, i.e., male and other genders”. Moreover, gender-neutral laws seek to grant the existence of equal protection, sanction, and opportunities to all the gender without any kind of harmful gender discrimination. The spirit of Article 14 shall be implemented only if sexual offenses are made gender-neutral. Recognition of gender-neutral laws is not anti-female perception, nor is it snatching rights conferred upon women. It only intends to make it noticeable to the lawmakers how Indian penal laws are ignorant of other genders. This paper contains both doctrinal and empirical data. The goal of this research paper is to enact a law to curb gender biases and promote gender neutrality in India.

Barack Hussein Obama, the former president of the USA Once said that no religion in the world is responsible for terrorism only the people who are doing those things are responsible for the violence and terrorism. Every individual on this planet is having the right to live their life peacefully, but terrorism is an act that makes the life of people hell who suffers because of it. Terrorism is the act of using violence and threat against the common civilians or the government of a country to fulfill their ideological, political, or social objectives. Terrorism has emerged as the most recent threat to international peace and, in particular, to India's national security. Terrorists are becoming more sophisticated and capable in every facet of their operations and assistance. Weapon technology is becoming more widely available, and terrorist organizations' purchasing power is expanding as a result of the ready availability of both technology and skilled personnel to operate it. Terrorists are posing a severe threat to humanity's life, progress, and development, in addition to harming democratic and freedom principles. For the prevention of terrorism, strict provisions are required. If legislation against terrorism is implemented in a country like India, it should be so strict that the perpetrator is brought to justice. In this paper, I will discuss what are the lacunas and loopholes in the laws related to terrorism in India, what are the most affected areas of India due to terrorism like J&K, and I will also be discussing how the world is getting affected due to terrorism. What are the international laws and treaties? Some of the major terrorist attacks in India and around the world.

Although Democracy is an old concept which had its origin in Greece around the fifth century B.C.E it has only found its way into Bhutan only in the 21st Century along with the vision of the Fourth King of Bhutan. Bhutan is a new and a young Democratic nation who only adopted Democracy on 18th of July 2008. Thus, as any other Nation in the world, when Bhutan became a democratic country it became necessary for Bhutan to draft a Constitution of its own and as such a necessity for a constitution arose as well. In this research paper we are going to look at how and from where the Buddhist Law came to be from and we are also going to look at how it has been a factor in the drafting of the constitution of Bhutan and on what other basis was the Constitution of Bhutan based upon. Unlike in the rest of the countries of the world there are only a handful of constitutional cases in Bhutan since its adoption in 2008. The Judiciary as a separate body in the workings of a government is also a new concept in Bhutan and thus, we will also be looking in the Judicial Independence of the country as well.

Obscenity laws in India regulate pornography. Obscenity is defined in the Indian Penal Code, 1860, whereas pornography requires sex as an essential ingredient and pornography is not defined anywhere in the Indian Statues. During the recent Coronavirus pandemic, pornography got a pandemic boost; India reports a 95% rise in viewing such explicit content. As per the IPC, 1860, under Section 293, it is prohibited to sell pornographic books in India. According to a media report, about 86% of the 25% of the Indian youth population is watching pornographic videos in many different ways, be it SMS, MMS, Internet, Magazines, Movies. Even though several Indian telecom operators have jammed several adult sites, the content is still accessed on new domains. A layman’s definition of pornography is based on the subordination of women over men. Furthermore, the publication of sexually explicit materials, which tend to deprave and corrupt the mind of people, exploitation of workers engaged in pornography and sexual explicitness of the product; are some of identifying factors of pornography. It includes portraying people involved in or descriptions of ultimate sexual acts, including vaginal or anal intercourse, fellatio, cunnilingus and masturbation. Male counterparts view the majority of this; thus, it can be easily interpreted why there is so much increase in the crime rate in India for women.

Media is considered to be the fourth pillar of democracy. They have a duty to uphold the values of democracy as they are the connecting link between the Government and the public. They create transparency on the proceedings of the Government by timely and systematic reporting of it’s activities. In many instances the media has proven to be a weapon of truth. They have been vital in uncovering the truth in many cases. Without them, justice would not have been delivered to the deserved. But along with the positive side there are negatives to the media also. Media trials are one of such negatives. Media trials are public trials carried out by the media against an individual by declaring him guilty in the eyes of the public before the case being decided by a competent court. Media trials often lead to mistrial, wrongful conviction, tarnishing the reputation of the accused even if he was acquitted etc. It is a clear violation of the right to fair trial which is a fundamental right guaranteed under article 21 of the Constitution. Also at many times media tend to violate the right to privacy of an individual by following unethical ways to get information without the consent of the concerned individual and then publishing it. The research paper covers the positive and negative aspects of media and what impact does it have on society. It discusses in detail the ways in which media trials affect the rights of the accused and what are the legal restraints put on media to prohibit them from overlapping their right to freedom of press.

Mutual funds are the schemes that offer the good returns if invested under the correct schemes. Due to difference in the avenue being available it is also very risky to invest with as the market keeps fluctuating. M.F is a resource pooling investment vehicle under which units are allotted to the investors for investing into the securities market who directly cannot invest in the Capital Market. There are 4 main elements in the M.F without which the functions of the company cannot be carried out if so, impaired such as sponsor/AMC/ trustees/custodians. Among various other regulators SEBI is the one that make policies and regulates the M.F in India. SEBI as per the circular dated Aug 24th 2020 provided various relaxation to the M.F companies due to the COVID-19 situations being arose. Apart from that on Dec 31st 2020 under the master circular certain amendment were carried out in respect of the compliance with the unit purchase when funds so released across the various schemes. The significance and importance of the M.F is that because under this it provides various variations due to which even the smaller kind of investors has the opportunity to grow and prosper to achieve their desired goal and needs, the investments are low and the returns are high. It also allows them to deal with the share on regular basis. As the main regulator being SEBI even in the capital and intermediaries, it also provides with protection mechanism. On top of that the Ministry of Finance regulates both the SEBI and RBI. Advantages in terms of liquidity/ transparency/ professional handling of the management of assets are the few perks that comes guaranteed with the M.F. Further under this research project the role of SEBI in case of Shriram M.F and franklin Templeton are also laid in detailed thereof. Thus, it basically focuses on the legal aspects of the working of the M.F in India.

Purpose: To conduct a systematic review study of school based interventions to decrease aggressive behaviour among adolescents. The main goal of this review is to know about various interventions and to evaluate the effect of interventions on aggressive behaviour. The study's second goal is to find research gaps that could lead to more research in this area. The findings could be used as a foundation for developing interventional programs aimed at reducing adolescents’ aggression. Design/Methodology/Approach: The purpose of this study is to develop a module as coping techniques to reduce the aggressive behaviour and analyse the ABCD model of the same. For this purpose we conducted a search 122 articles for relevant articles in the specified area. We looked for articles published between 2000 and 2022 using the primary databases; Google Scholar, Research Gate, Academia, SSRN, Shodhganga, PubMed, Rayyan and Elsevier. The words like aggressive behaviour, interventions and aggression were used for searching articles. All abstracts and entire articles were scrutinized to see various interventions as a coping strategy to decrease aggressions among students. Findings/Result: These findings reveal a clear link between self-control abilities and aggressive behaviour: those with greater self-control have less aggression, while people with lower self-control have more aggression. This relationship shows to hold true across a range of ages i.e. from childhood onwards. Based on these review study it also discussed and put forward future research into various interventions and strategies for regulating aggressiveness. Originality/Value: This review summarizes selected studies identifying the effect of various interventions on aggressive behaviour and find out the coping strategies. The future direction of existing research on emotional stability, first focusing on stressors and barriers associated with aggressive behavior, and considering the increased risk of stress, anxiety, and depression reported in this population. Next, it then describes recent trends and issues and seeks to fill gaps in existing literature that require additional research effort. We also conclude that there exists a need for future research on psychological intervention and coping strategies, cognitive behavioral therapy, parent management training, anger rumination and relaxation therapy for enhancing emotional well being and self-control of adolescents. Implementing parental interventions in parallel with the child’s interventions may raise mental health.

Child labor is one of the most severe issues and hindrances in developing countries. Though there are many efforts and inputs to eradicate child labor by the different International organizations and legal provisions, it couldn’t stop it, ultimately leading it to a failure due to numerous reasons. Different organizations have established exceptional measures and passed numerous laws and regulations to stop child labor, however, the issue stays inescapable around the world. The point of child labor has different causes and clarifications. One the existence of Child Labor is in the form of domestic delivery both in rural and urban areas. A boy child works in industries and manufacturing units, where a girl child is kept at home to work such as doing household chores and restaurants (dish washing, cooking, sweeping, and cleaning). It forces children into various environments which we can’t imagine. It forces children to trafficking it into child pornography and migration to another place to work, which leads to exploitation and exhaustion at an early age. Due to social classification and caste system, domestic child labor mishaps in India are pretty confounded and profoundly settled. There are various causes of domestic child labor, such as poverty, social and economic backwardness, and lack of education and resources. The consequences of child labor are abuses, discrimination, exploitation, deprivation of love and affection, lack of basic needs, child pornography, prostitution, social stigmatization, and trafficking of girls early.

A number of international laws were adopted and enforced in the last two centuries. However, the efficacy of these laws has always been in question. Some jurists never considered international laws as proper law. World War I and World War II also posed questions on the validity and efficacy of international laws. After the establishment of the United Nation a new international law regime started and it was thought that international law has now established itself as a proper law and is able to regulate the relations between nations. A conception was created that the concepts like sovereignty, human rights, law of war are now well followed. However, Russia- Ukraine hostility once again posed questions not only on the law of war but also on the efficiency of international organizations to control wars. The Invasion of Ukraine seems to be a clear example of ineffectiveness of international laws in the present date. Researchers in the present paper have analyzed the efficacy of international laws in recent times with special focus on the Russia- Ukraine war. Law on war, occupation and human rights are the main laws discussed in this paper.

The Constitution of India guarantees the right to lead a life in a dignified manner becomes questionable when there is the exploitation of Manual Scavengers as forced labours. Most of the people in India become victims of forced labour. Finding out the forced labour is the biggest challenge in this modern world which makes it an obstacle in the way of the appropriate authority in rescuing those victims and rehabilitating them along with their family members. Everyone has a right to work which includes the right to decent work which is guaranteed under the Indian constitution. No one can interfere with the rights to work of a person and anyone can carry out any work which is permissible under the law of India. In today’s Modern World, Manual scavenging is considered to be modern-day forced Labour. Several steps have been taken by the appropriate authority in rescuing the manual scavengers and rehabilitating them. The eradication of manual scavenging and their right to work is still a continuing challenge. The researcher used an empirical study in finding out the existence of manual scavenging with a sample size of 250 with the convenient sampling collected from NGOs and Manual Scavengers, etc in eradicating manual scavenging a form of forced labour.

Public Interest Litigation on custodial crimes or torture in recent times has increased rapidly in India. Due to the rising cases of custodial crimes despite of the fact that our constitution gives everyone equal rights still there is violation of prisoner’s basic Human rights. Research has shown that each day 5 custodial death occurs in India and there is urgent need to make stricter law and harsh punishment against those found guilty this was one the argument raised in one of the PIL filed against custodial torture in Supreme court after custodial death of father and son in Tamil Nadu’s Thoothukudi district. The aim of my research project is to determine How PIL can help in enforcing a human right of individual whose right is violated and can it help in making law or giving stricter Guidelines. Based on a review of literature on PIL on Custodial Torture and importance of UNCAT (United Nation Convention Against Torture) and reading some article on PIL on custodial crimes and its importance moreover referring to some of SC Judgements on PIL in recent times. Analysis of material used for research demonstrated that PIL has emerged as a great tool to solution to problems and to address it to SC and moreover how rise in custodial crimes can be minimized. The result indicated that PIL has emerged as tool to make Human Rights reach those who have denied rights. It democratizes the access of justice to all. On this basis it is recommended that PIL should be used to help develop law by giving judges the opportunity to interpret legislation. Further research is needed to identify the factors that could strengthen and widen the scope of PIL in India.

Citizenship has become the most talked about topic in our country in recent times. The reason is very well known is the introduction of CAA and NRC in Assam by Govt of India. The objective or Aim of my Project is to analyze Modes of Acquiring Citizenship in India with special reference to CAA and NRC and its impact on our secular India. Based on review of literature on modes of acquiring citizenship in India, also taking some help from some good scholar’s articles, news reports on CAA and NRC. And Analyzing Merits and Demerits of the new amendments in Citizenship Rules on Acquiring citizenship also referring to some SC judgements. The result has shown that citizenship topic has been quite Hot topic in India since 2019 citizenship act amendments until recently it was also a political agenda in Assam elections. Citizenship is also a one of the basic Human Rights recognized at International level. Moreover, the India’s move by excluding particularly Muslim community from acquiring citizenship in new amended Citizenship Act 2019 and it has also raised questions on India’s image as secular country. Indian Govt should relook its move of new rules of acquiring citizenship so as to preserve vision of framers of our constitution as Secular Nation. Further research is needed for factors that could improve more flexibility in laws and widening the scope of acquiring citizenship.

The term whistleblowing in today’s global corporate world has very significant meaning. It is a term generally used when in an organization the employee makes the public disclosure of any fraud, scam, or any misappropriation of any funds to the general public. Whistleblowing is one of the important tools of the Good Governance in any Democratic country. In India there is very wide progress of corporate system within few decades. Many a change has come in the form of scandals and some are even much bigger than even imagined thus effecting lives of many people. So, the whistleblowers play an important role in making these scandals in public limelight. My project will emphasis the concept of whistleblowing in India and its comparison with other countries highlighting it with respect to certain incidents regarding recent incidents questioning safety of whistleblowers in India. The project will also highlight the notable cases of whistleblowing in India as well as internationally and its effect on effective policy making. I will also discuss the concept of tax haven countries and will highlight major pitfalls in the policy of the countries and its recommendations for better results.

Multiplicity of social security laws in our country has made their compliance a complete nightmare for organizations. Consolidation of all such laws regulating wages, social security benefits, occupational safety and labour-industrial relations has been done through enactment of The Code of Social Security, 2020. Among all others, the code specifically recognizes gig and platform workers along with highlighting the concept of fixed term employment. The introduction of concept of ‘fixed term employment’ has settled the long-driven debate and insecurities of the labour class along with improving industrial relations. The same has been extended from apparel sector to all other sectors through amendment in Industrial Employment (Standing Orders) Central Rules, 1946 in March 2018. The 2020 Code has widened the scope of the fixed term employment and related benefits which has proven to be a significant step towards strengthening equity and social security. Companies are now authorised to hire fixed term employees for any duration. This legal intervention in the light of fixed term employment has ensured flexibility and transparency by enabling organizations to hire employees directly rather than through contractors. Apart for pro-rata gratuity, the employees are entitled to statutory benefits and conditions equivalent to regular employees. Therefore, the 2020 Code has provided clarity and recognition in the areas of unorganised sector and fixed term employment along with setting uniform standards in the arena of social security. The said article reflects the same along with dealing with other such salient features of the 2020 Code. Moreover, the article envisages to analyse the 2020 Code in the light of its prospective application and attempts to make critical and systematic examination of the impact along with pros and cons with respect to implementation of 2020 Code. Furthermore, the article also highlights the key differences in the 2020 Code in relation to previous social security code in 2019 (2019 Code). The study is doctrinal, analytical, explanatory and comparative in nature.

Prison, an institution for the imprisonment of people who have been remanded (held) in guardianship by a legal position or who have been denied of their freedom following conviction for a crime. An individual saw as blameworthy of a lawful offense or a wrongdoing might be required to serve a jail sentence. The holding of blamed people anticipating preliminary stays a significant capacity of contemporary prison, and in certain countries such people comprise most of the prison population. In the United Kingdom, for example, generally about one-fifth of the prison population is unconvinced or unsentenced, while more than two-thirds of those in custody in India are pretrial detainees Crime is a violation of the legally established order and the Punishment is the penalty for such transgression of the law inflicted by the group. Since the problem of crime and its control is as complex as the society from which it springs, the society has to evolve a penal system which can "reduce crime by making as many people as possible to obey the criminal law", and to provide security to persons and property by preventing criminal act that threaten or violate them. The criminal law can achieve this objective, "... through the establishment of a system of prohibitions, sanctions and procedures to deal fairly and appropriately with culpable conduct that causes or threatens serious harm to individuals or society". Naturally, the distinctive features of criminal law are strict prohibitions of actions, which cause harm to persons and property, and infliction of punishment for such harm.

According to the data published by the ‘official periodic labor force survey’ in 2018-19, 73.7% of urban men participated in the labor market while only 20.4% of urban women participated in the labor market. For many years, the Indian government has been working on improving women’s education, their working conditions, and the cultural aspects that come along with working women. Despite these initiatives, the labor force participation of women in our country is very low which astonishing and very necessary to examine is. According to the economic survey released in 2022, there are 1,020 females per 1000 males. This statistic supports the fact that the initiatives taken by the government for girl child welfare, such as ‘Sukanya Samriddhi Yojana’, ‘Balika Samridhi Yojana’, ‘Beti Badhao, Beti Padhao’, and ‘Ladli scheme’ have worked towards girl child’s welfare. And while improving their living standard, these initiatives have been successful in decreasing the mortality rates of infant girls as well. Moreover, they have been successful in increasing education rates among girls as well. But then, the question remains that, despite these initiatives, why do the women’s labor force participation rates still remain so low? This article tries to examine the impact of education and other cultural norms on female labor force participation rates.

Intellectual disability is a condition in which both intellectual performance and adaptive behaviour are impaired. This condition begins before the age of eighteen. When compared to peers of the same age, the child with intellectual disabilities has a considerable developmental delay and falls behind in cognitive, verbal, social, and occasionally motor capabilities. Having an intellectually impaired child puts a lot of strain on the family and necessitates lifelong adaptations on the part of the parents and other family members; it can be challenging for parents to meet the intellectually disabled child's demands in terms of family functioning as a whole. Because of having an intellectually handicapped child in the family, the entire family is affected in many ways, including parents, brothers and sisters, and extended family members such as grandparents. The family's social life is disrupted; they may want to isolate themselves from others and engage in fewer recreational or leisure activities. Some families experience rejection or neglect from family members, friends, or relatives, causing interpersonal interactions to become strained and support to be lost. Parents are the true well-wishers and guardians of their children's interests. They can assist in a variety of ways with their children's welfare, care, and treatment. A disabled child is not the duty of a single person, but rather the concern of everyone. The primary challenge is bringing together diverse people who can aid the impaired child, and this is where the parents play an important role. Method: To find potential studies, researchers used databases such as Research Gate, Google Scholar, and Pub Med/Medline. Results: The researchers used a variety of survey techniques. Various domains of coping methods were also studied. Parents of intellectually handicapped children have an important role in the development, promotion, and support of rehabilitation programmes for intellectually disabled people and their families. The presence of an ID child in a family unit has an impact on all other family members; nevertheless, knowledge of fundamental skills and procedures for dealing with such children greatly decreases the family's psychological and physical strain. A family with an ID child has various needs and problems. They are mostly interested in learning about their child's development and talents. Teaching proper behaviour and learning new skills, as well as family ties and parenting strategies The advantages of family-centered therapies are now more than ever being recognised. Parents and other family members are being encouraged to participate in the training and habilitation of mentally retarded individuals since such approaches result in beneficial outcomes for parents, families, and children. It aids in the development of children, the reduction of family stress, the increase of family coping, and the improvement of family connections. Evidence of a gap can be seen in the areas of various coping strategies and parent management training to improve the mental health of parents who have children with intellectual disabilities. Conclusion: Interventions for strengthening families with intellectually impaired children should focus on satisfying the needs of the index child, parents, siblings, and extended family members, as well as recognising, promoting, and utilising the families' existing strengths. All family members must be included, and need-based family interventions must be provided. It also highlights the fact that families differ in terms of cohesion, adaption, and communication. This means that families differ in terms of the degree of emotional bonding among family members, the level of freedom each family member has, and the family's ability to cope with and change in the face of stress.

Marriage, as a way of generating a family through which society can continue to exist from generation to generation, is the most important social institutions. This social process is expressed through rituals and symbols. In India, on the other hand, 45 percent of females under the age of 18 are married. With 74.5 percent of children under the age of 18 married, Niger tops the world, followed by Chad, Mali, Bangladesh, Guinea, and the Central African Republic, with 71.5, 70.6, 66.62, 63.1, and 57 percent, respectively. The majority of females who marry before they turn 18 come from impoverished or below-poverty-line (BPL) homes, with both their families and themselves being illiterate. Domestic abuse (beatings, slaps, or threats) and health concerns are implicated in the majority of these child marriages, and it affects more than 80% of girls physically and mentally. Pregnant girls under the age of 18 are more likely to experience problems, and there have been reports of deaths, early births, and other complications during childbirth. Girls under the age of 15 had a five-fold higher chance of dying following childbirth than women in their 20s. Fertility is very high among young persons under the age of 18. In child brides, feelings of hopelessness, helplessness, and severe depression are common prodrome of sexual assault and post-abrasion stress disorder. For decades in India, children have been married. Their numbers have recently decreased as a result of the adoption and implementation of several anti-practice regulations. Child marriage is particularly widespread in tribal parts of Tamil Nadu. This study questioned 153 girls who were married before they became 18 years old. 65 percent of the sample married between the ages of 17 and 18, 28 percent between the ages of 15 and 16, and 7.2 percent between the ages of 13 and 14. The reasons for the child marriages, the age at which the respondents had their first child, and the forms of maltreatment they suffered all help to put the plight of married female minors into perspective. As a society, there are few things we can do to aid and support the government in teaching our societies or population (citizens/civilians) on the implications and repercussions of child marriage, as we know that little girls are more likely or are the major victims of child marriage than male children, and they have no power or say, so as a society, we should try our hardest to alter so that the system may be demolished.

Standards are the technical specifications for a new product or process creating interoperability. Standards are protected by patents and technology that is “essential” to comply with a standard is called a Standard Essential Patent. Standard Setting Organizations involve competitors agreeing on certain specifications of the product they plan to market which relates to the competition issues as well as IPRs. Further SEP holders preventing the standard implementer from using the standardized technology can create a “hold-up” and dominate the licensing terms. To achieve the desired objectives SEP holder files may injunctive relief, which itself is seen by many regulators as an abuse of dominant power. However, from the standard implementer’s perspective, who seeks to take the defence of the commitment made by the SEP holder to licence the standard on Fair, Reasonable and Non-Discriminatory (FRAND) wholly depends upon domestic law concerning contracts or competition law. Thus, the enforceability of FRAND commitments is dependent upon the language of the Standard Setting Organisation’s (SSO) IPR Policies to which the SEP owner consents and applicable contract law principles are attracted.

Competition agencies' guidelines, policy statements, as well as associated advocacy efforts are important vehicles for expressing policy across the full range of anti-competitive practices, and for companies' aid in determining their market behaviour. They also provide an empirical foundation for documenting the trends and evolution of policy thought across jurisdictions and time by providing a window into the brains of administration officials and specialists on the issues they're dealing with. Protection of Intellectual Property Rights within the competition law involves various complexities due to their technical nature. As such, the relevant law is in constant need of upgradation especially in the field of patents. With this perspective, this paper provides a comparative analysis between the jurisdictions of the United States (also called the “cradle of anti-trust laws”) and India (a developing country with fairly less experience with competition laws) examining the competition laws, guidelines and policy initiatives in the context of Intellectual Property in order to track the trends and developments affecting the competition law – IP interface. The measures used for comparison in the paper are: licensing practices, patent settlements, competition advocacy in respect of Intellectual Property. The main focus is on competition agency rules, policy statements, and advocacy actions relating to IP, implementation and case developments are mentioned when they are useful in showing relevant methods and trends. The data reveals that unlike three decades ago, focus on the effective application of competition law to IP is not limited to some limited traditional industrialized jurisdictions. It is found that there are notable cross-jurisdictional learnings and implementations in policies and guidelines.

In today’s world we come across the phenomenon of mergers and acquisition but in layman’s term we know of this as a conglomeration or joining up of two entities of distinct or same nature or course of business. But certainly, there are reasonable technicalities that are involved in this procedure one of them being the liability and the addressing the same. Therefore, a practise of representations and warranties insurance is a new thing to be nurtured in India but it has its wide spread practise in countries like UK and the USA, therefore this type of insurance works upon the coherence principle of indemnification wherein the seller or the buyer of the business vouch to indemnify each other in case if there is a breach made on the part of representations. Therefore, depending upon the situation the agreement or the insurance can be drafted in seller side format or in buyer side format.

The research focuses on the idea of forming a commission for solving Indonesia’s agrarian disputes. For a legal certainty of land rights, Article 19, Indonesian Law of Agrarian Basic Principles (UUPA), and article 32, Government Regulation (PP) of 1997 state that a certificate is strong and legal evidence of right. If there is an appeal, it can be processed through a judiciary, namely the Commission of Agrarian Dispute Resolution. The research applies a normative research method with qualitative secondary legal material as the sources. The research shows that a land certificate issued for evidence and legal certainty can be canceled by the State Administrative Court (PTUN) if a subjective flaw is found in the process of issuing the certificate. The court with the competence to solve the land dispute is the State Court (PN) and State Administrative Court (PTUN). PN is authorized to scrutinize, adjudicate, and settle land disputes in Indonesia from the perspective of the civil aspect and its relation to rights, while PTUN is authorized to scrutinize, adjudicate, and settle from the perspective of the administrative side or the registration procedure of the land. In solving land disputes in Indonesia, the two courts mentioned have not tackled the problem optimally. It can be seen from the high number of unsolved land dispute cases and cases that are still in the resolution process.

The provisions on life imprisonment in the legal system enables to differentiate criminal liability and individualizes the penalties for particularly serious crimes. This punishment acts as an intermediary between the determinate imprisonment of maximum to 20 years and the capital punishment, enabling the penalty system to remain its internal unity. However, the practice of applying the punishment has been posing many problems that need to be studied in order to come up with solutions to improve the provisions related to the penalty and its effectiveness in the fight against crimes. The article summarizes the law on life imprisonment sentence in the current criminal law to highlight its characteristics and role in the Vietnam’s Penal Code. It also suggests some solutions to improve the law and its effectiveness to prevent and combat crimes.

The aim of this paper is to explore the rights of the dead. To adequately assess whether the dead can be described as possessing rights and what those rights are and furthermore, how they can be enforced. Enforcement of rights if any will be looked at from the constitutional, common law and customary law perspectives with the aim to provide a brief analysis and understanding as well as the application of these rights. In part 1 the authors gives synopsis on the constitutional rights of a natural person and whether such rights can equally be enjoyed by the dead. Part 2 discusses aspects relating to legal rights whereas Part 3 examines the rights, if any that can be enforced on behalf of the dead. In Part 4, the authors outlines issues surrounding the conflict of law as far as custormary and common law is concerned, to the extent where these affects the ‘rights’ of the dead. Part 5 draws comparative analysis from New Zealand and France, providing possible lessons learned and Part 6 provides concluding remarks and recommendations regarding the future of the rights of the dead in Namibia.

India is a democratic country with three wings as executive, legislative and judiciary. The Constitution of India entrusted with checks and balances that each wings have their own supremacy. Indian Judiciary has three tier structure as Supreme Court on the Centre, High court on the states and subordinate courts on the districts. The powers of the court distinctively bestowed on Constitution and the Civil procedure code 1908 and Criminal procedure code 1973. No court bypass the power of the courts. The Supreme Court and the High courts have parallel jurisdiction except for appellate and Special leave jurisdiction. The establishment of Courts, tribunals, committee is to reduce the backload of cases to extend peace and prosperity in the country. The setting up of regional benches of Supreme Court in the west, east and south will bring chaos among the country and the burdening of cases in the highest judiciary will be more. In this research paper, we would like to present certain methods to be followed to reduce the burden of judiciary rather than establishment of regional benches in the Country.

With the spate of seizures of narcotic drugs in the recent past, the use of controlled delivery as an investigative tool by the empowered departments has picked up steam recently and has witnessed success in not only unearthing the conspiracy but also busting the entire syndicate. The article analysis thoroughly the need for controlled delivery and the efficacy involved in the disruption of supply chain and bringing all the persons involved to justice.

Clandestine factory/lab and internet pharmacy operate in the dark and there is no regulatory mechanism to be followed by these unscrupulous units until the same comes to light when busted by the empowered departments/organizations. The running and functioning of the clandestine factories/labs and the creation of websites and its use in the illicit drug trafficking have taken firm roots in India and are here to stay. It is only with the latest tools, proper policing, gathering of intelligence or receipt of information that leads to busting of clandestine factory/lab and internet pharmacy.

Rape within marriage is considered as a valid act. This keeps spousal rape outside the arena of crime. The short sighted attitude of society towards women makes them prone to victimization. The punishment for the horrendous act of marital rape cannot be escaped with hinging on the reason of the existence of relationship of husband and wife. The common law doctrine of Hale which provides immunity to marital rape was followed in various countries. The newspaper coverage throws the grim light on the persistent incidents of violence against women occurring globally. This espoused concern at the global level leading to the adoption of various covenants and declarations comprising of various Articles to safeguard the dignity and worth of women. Perturbed by the consistent derogation of human rights of women, certain Articles have been specifically laid down to secure the persona of women. Spousal rape is clearly a derogation of human rights.. The Indian Law does not criminalise rape within marriage barring the exception of victim child wives despite the unconstitutional nature of the act. It is necessary to delve into the international instruments in order to understand that marital rape causes transgression of significant human rights. Few instruments are mentioned herein containing some significant Articles which indicate that marital rape is clearly a cause of indignation of women’s dignity and must be punished. The paper also highlights the position prevalent in South Africa and UK.

India is an unfortunate victim of a large number of road crash fatalities. Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, detention at hospitals, and prolonged legal formalities. Even if someone wants to help, these factors stop them from doing so. In the last ten years, road crashes have killed over 13 lakh people in India. According to the Law Commission of India, 50% of these victims died of preventable injuries and could have been saved if they had received care on time. The role of the bystander is critical in providing emergency care to the victim. Yet, in India, bystanders have been hesitant to help the injured for fear of legal repercussions and procedural hassles. This study is intended to know the response of the people in a situation like road accidents and to orient about the law that is available to protect the interest of the by standers who voluntarily without having no lawful duty but as a moral responsibility comes and rescues the accident victim and save the life during the golden hour. The study has a main focus in analysing and appreciating the available laws on the good Samaritans and the awareness adequacy amongst the general public.

India is an unfortunate victim of a large number of road crash fatalities. Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, detention at hospitals, and prolonged legal formalities. Even if someone wants to help, these factors stop them from doing so. In the last ten years, road crashes have killed over 13 lakh people in India. According to the Law Commission of India, 50% of these victims died of preventable injuries and could have been saved if they had received care on time. The role of the bystander is critical in providing emergency care to the victim. Yet, in India, bystanders have been hesitant to help the injured for fear of legal repercussions and procedural hassles. This study is intended to know the response of the people in a situation like road accidents and to orient about the law that is available to protect the interest of the by standers who voluntarily without having no lawful duty but as a moral responsibility comes and rescues the accident victim and save the life during the golden hour. The study has a main focus in analysing and appreciating the available laws on the good Samaritans and the awareness adequacy amongst the general public.

The two systems of law are generally followed in major countries of world namely, the Adversarial system and the Inquisitorial system. The adversarial system is followed by most of the common law countries and the inquisitorial system is followed by the civil law countries. The Research Article talks about both these systems and their comparative analysis. Also main focus of the author is to understand the role of magistrate in common law countries as compared to that in inquisitorial system. It focuses in the major role of magistrates in development of law. In Adversarial system, the court acts as a referee in the matter between prosecution and defense. It is like a contest between 2 parties. In adversarial procedures before juries, the judge serves as moderator and referee on legal issues, rarely participating in questioning until he or she believes that key legal or factual issues need to be clarified. A judge decides the facts of the case as well as legal issues in a bench trial (without a jury). It is the duty of the judge to decide the case on the basis of presentation of evidence. While on the other hand, Inquisitorial system involves investigation of case by court for getting proof of facts of the case. This system mainly revolves around the dispute resolution and justice for society as well as individuals. Although they both are different from each other, countries use them.

When two parties engage into a contract or a contract is signed, there is a potential that it will be broken. In this scenario, the parties who have been victims of the unlawful act of breach will be awarded such remedies in order to defend the preferences or goals of the contractual parties or parties entering into the contract, as well as to provide them with justice. Damages are one of the remedies available in the event of a contract breach or violation. It primarily refers to any type of monetary loss or compensation given in the form of a lump sum of money at one time. The objective or intent of establishing a systematic or structural law of harm for contract violations is to determine if workers or the general public are satisfied in order to maintain the community's integrity and encourage its growth. This paper aims to explain the meaning, nature, and purpose of damages as a breach of contract remedy, as well as provide an overview of the subject under Indian and English law. It also compares and contrasts the two laws in terms of damages for contract violations and breaches.

When it comes to marital rape then the current legal situation will be taken into notice. Evolution of Indian Criminal Law began from legal system of Britishers then to UK and then it was adopted in adoption in The Indian Penal Code of 1860 drafted by Macaulay that keeps it (IPC). Recent legislation has aimed to promote rights of women to escape from domestic violence (PWDVA) and such acts are named as the Protection of Women from Domestic Abuse Act of 2005. After checking on the history of legal responses of India, this paper will dig into the question that how Indian culture predicted claims on patriarchy. Before making argument that if immunogenicity should be abolished or not, this paper focuses on the basics of concepts and theory of legal system, bringing assertions from our law of land that is Indian constitution and Bill of Rights. I am being sexually abused by my husband on daily basis. Even on my periods, he forces himself upon me every single day. Even when I was having his child in my womb, he did not have mercy on me until the baby was born. Today, India's 'rape culture' has received a lot of attention in the international media. The Delhi gang rape of 2012 ,which aroused international anger and brought a lot of attention to India's archaic laws that failed to protect women from sexual assault, is one of the most recent issues. Among the variety of issues surrounding sexual assault in India, one important but unresolved issue is the judicial system's continued acknowledgment of men who sexually abuse their wives with the legal immunity that is provided by our country itself. In India, marital rape is defined as "unwanted intercourse by a man on his wife, gained by force or threat of force, or physical assault, or when she is unable to provide consent," according to the current legal definition given below . While many countries have repealed the immunity of rape by husband in response to demands for gender equality and shifting societal standards, observers have raised worry that India remains stuck in a 'time capsule,' clinging to the immunity so as to save the holy institution of marriage.

The purpose of the rule of Sub Judice is to prohibit interference in the administration of justice since disclosure could have an adversarial effect on the case. With the passage of time, the Parliament's interpretation of the rule has become less rigid. It is important to note that, other from contempt of court, there are no other restrictions that can be imposed on the freedom of speech and expression in relation to the matter(s) under consideration. It should be noted that merely expressing opinions on a matter under consideration will not be considered contempt of court, but caution should always be exercised not to scandalise the court or impute motives to the judges for any judicial act, or with the intent to influence the court or public perception in such a way as to jeopardise the 'Presumption of Innocence,' which is the fundamental principle of criminal law.

The aim of the study was to examine the factors that influence Workplace Violence perpetrated by customers in the Financial Service Sector on employees as well as assess the preparedness of the organizations in the Financial Service to combat type II workplace violence. A Case study approach was used and participants were chosen through the random stratified sampling technique. Questionnaires and interviews with front line personnel and some senior management were used to collect data. The major factors contributing to workplace violence include: customers are treated like royalty; whilst there are some customers who break rules and believe they are immune from consequences and the failure to treat employees as the same. The Financial Services Sector and in particular Banks in the Harare Region do not have a Workplace Violence Policy and a Workplace Violence Prevention Program. The researcher recommended there be a joint workers and management forum to deliberate and formulate a Violence Policy that provides for: hazard identification, risk assessment, prevention and control, training, management and mitigation of the impact, care and support of workers affected and monitoring and evaluation of the same.

The judicial legislation is a temptation, often finds it difficult to avoid. The thin line which separates adjudication from legislation should not be crossed or erased, for the sake of that temporary temptation. The courts must avoid the danger of determining the meaning of a provision based on their preconceived notion of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. The courts are not entitled to usurp the legislative functions under the disguise of interpretation, whereas the separation of powers is sacrosanct in a modern democracy. There are various occasions, where the Public Interest Litigation domain was used to enter into the legislative domain as well. It is apart from the fact that the judicial decisions were invited to the facts where the legislative vacuum existed. Though the precedent is not the law of the land and it does not have the sanctity of statute, over the period in India, precedent became more authentic than the statute itself. Though the judicial legislation, in modern times cannot be ruled out completely, it does have its inherent limitations as well. The judicial legislation may be used as a special medicine where the disease is acute, as an emergency measure, but that shall not be the order of the day, rather the daily menu. Some of the said inherent limitations are discussed in the given article.

The judicial legislation is a temptation, often finds it difficult to avoid. The thin line which separates adjudication from legislation should not be crossed or erased, for the sake of that temporary temptation. The courts must avoid the danger of determining the meaning of a provision based on their preconceived notion of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. The courts are not entitled to usurp the legislative functions under the disguise of interpretation, whereas the separation of powers is sacrosanct in a modern democracy. There are various occasions, where the Public Interest Litigation domain was used to enter into the legislative domain as well. It is apart from the fact that the judicial decisions were invited to the facts where the legislative vacuum existed. Though the precedent is not the law of the land and it does not have the sanctity of statute, over the period in India, precedent became more authentic than the statute itself. Though the judicial legislation, in modern times cannot be ruled out completely, it does have its inherent limitations as well. The judicial legislation may be used as a special medicine where the disease is acute, as an emergency measure, but that shall not be the order of the day, rather the daily menu. Some of the said inherent limitations are discussed in the given article.

The following research paper aims to put forward the issues, rights, and laws related to the elder population of our country i.e. the citizens who are above the age of sixty. One might wonder who exactly is considered a senior citizen in India. Well, The word or terminology “senior citizen’’ refers to any individual who has aged beyond the age of sixty years, simply they can be either sixty or above sixty. People sometimes consider this term derogatory or patronizing however in a workplace this term generally means someone with a lot of work experience or someone knowledgeable. However, the term “elderly” may refer to someone who is at an advanced stage in the life of someone whose health has become fragile or is considered to be dependent on someone for their daily activities. These elderly constitute a major chunk of our population but are often left out and ignored. This research paper talks about the major issues faced by the elders, the various forms of abuse faced by them and the reasons behind these issues, and the remedies. It also discusses the role of gender and how gender can be an important distinctive factor. It also explores the various laws and policies enacted by the government in order to bring about a change, and also how these laws work and their various aims and purposes.

AFSPA stands for Armed Force Special Powers Act. AFSPA is a parliamentary Act that provides about exceptional rights and powers to the Special Forces in order to keep the public in control in the upset areas like Kashmir, Manipur, Assam, etc… States like Assam, Nagaland, Manipur, Arunachal Pradesh, and Meghalaya, Jammu and Kashmir, these places have dispute as a result of contrasts in religion, language and race. The people living in these states have been facing about various humanitarian issues, every now and then. Kashmir is a mountainous region in the extreme north of Indian subcontinent. It is a state that cherishes a vital geo-political situation and circumstances with China in its east and Pakistan in its west, a state well known for its beautiful nature and abundance of resources. However, dirtied with blood and violence. The uprising terrorist organizations and the external tension from Pakistan have resulted to AFSPA; the Act has been a criticism from numerous personal and organizations of human rights for the violation of human rights. However, the Act even serves about great purpose in bringing the situation under control of the Government. Above anything else the Act has succeeded in keeping away the international intervention in the governance of Jammu and Kashmir.

The world is facing a great malady called cybercrime since the last two decades. Use of the malevolent programs in computers and over internet by malicious people to attack data or sell contraband and someone else’s identity is known as cybercrime. This type of crime is committed with the use of computers and internet. A cybercrime criminal is capable of hacking and planting viruses to destroy website and other portals across the world. Fraudulent transactions and online banking frauds are carried out by them by gaining access to highly confidential information as well as cyber pornography and various other crimes are committed. In simple words, no one is secure in the cyber world. Like the conventional concept of crime, cybercrime is also an act or omission which results in breach of law and backed by sanction of the state. Two essential ingredients of cybercrimes are actus reus and mens rea. The main reason behind the growing menace of cybercrime is our heavy dependence on computers and internet. Cyber spaces have advantages as well as disadvantages. Conventional crime can be prevented to an extent by patrolling of policemen, but in the cyber space, information is open to Trojan Horses and other viruses as well as to cyber stalking and cyber terrorism. This type of crime poses a bigger challenge to the polic, prosecutors and legislators.

A corporate fraud happens when a company intentionally alters its information to increase its market position. It can happen even when an employee of an organization, with his or her knowledge, commits fraud through embezzlement, corruption, or making false expense claims for financial benefit. According to the Report of the Nation's 2016 global Fraud Survey, fraud costs an average organization 5% of its revenue in a given year. Scams are a part of business history in India. It has the potential to be disastrous for the organization, its stakeholders, and the broader public. Certain sections about corporate fraud have been incorporated into the revised edition of the Companies Act, 2013, which encapsulates the idea of fraud and includes provisions for severe punishment.

In recent decades, the country has seen a significant increase in the use of digital payments. A digital payment, also known as an electronic payment, is the transfer of value from one payment account to another using a digital device such as a mobile phone, POS, or computer, as well as a digital communication channel such as mobile wireless data or SWIFT. Mode of digital payment commonly used by the citizens of the country are bank transfers, mobile money, and payment cards i.e., credit, debit, and prepaid cards. The study is an attempt to analyze how various forms of digital payment evolved in the past and how COVID-19 impacted the digital payment systems in India. The study also analyzes the perspective of consumers towards a switch from traditional payment to digital payment. It has been observed in the study that despite the fact that the digital India campaign began in 2015, factors such as demonetization, Jio networking, and the COVID-19 outbreak acted as catalysts for the true progress of digital payment in India, also after COVID-19 pandemic, people were concerned about health regulations and were afraid of cash transactions which made them switch to this mode, resulting in a rise in the usage of different modes of digital payment systems.

Biopiracy is critical to the conservation of biodiversity because it is a complex issue on which there is no such suitable agreement in the international community. The growing expansion of technology pushed developed countries to protect their technological knowledge, culminating in the adoption of minimum standards for patent law in the World Trade Organization's TRIP'S Agreement. Efforts by such weaker developing countries to address the negative effects of IPRs on developing countries and biodiversity have been far less effective. The growing concern about the disappearance has resulted in the adoption of various legal instruments such as the Convention on Biological Diversity, TRIPs-World Trade Organization, and so on, but mandatory disclosure could be used to monitor compliance with the CBD and remedy biopiracy. This paper deals with the legal perspectives as well as effective remedy to biopiracy from genetic resources, traditional knowledge, and private agreements has been examined.

Through this paper we will discuss about the UCC and its impact on regional disparities and the problem associated with it, we will try to draw a solution for these problems associated with the UCC. The UCC would not only make straightforward the legal procedures present in matters under governance of persona laws but will promote causes of equality, secularism and integration of the country too. It even discusses about the need to reform the personal laws or bring about a UCC to bring about gender justice. This Research paper is largely focused upon the different sides of UCC and overcoming its shortcomings. We will discuss about the misconceptions about UCC and would provide a clearer view to UCC to remove the vagueness to the true meaning of UCC. The success of UCC completely depends on the enhanced and parallel level of literacy in the people of all religions, mass mobilisation, and increased socio-cultural and political responsibility leading to impactful awareness and enlightened discussions over the benefits of having UCC. Therefore, the penultimate aim behind bringing up the reform should be to secure unity, integrity and equality among the citizens of the country be it male or female of any religion.

Under the civil law the remedy of temporary or interim injunction has been widely been used by the plaintiff to prevent irreparable harm that may arise due to actions of the defendant. These actions may include wastage, alienation or disposal of the suit property. However, the right to seek temporary injunction is not excusive to the plaintiff. The Order XXXIX of the Civil Procedural Code does not place any bar upon the defendant to seek this remedy if required. In this article, the author tries to understand and analyze defendant’s right to seek interim injunction under various provisions of the Code. The author further takes note of various judicial precedents that solidify defendants inherit right to seek injunction.

Human is a social animal and its existence can not be imagined by disintegrating him from society. The Law governing men is the result of constant forces evolving within the society to bring about harmony and common enjoyment of rights. The rise of Sociological school of Jurisprudence can be seen as a reaction to the Imperative Analytical school based upon the coercive command of the Sovereign and the inadequacy of the historical school regarding the origin and development of Law. Sociological school is mainly concerned with the Purpose and Function of Law in the society. Hence sociological jurisprudence strives to study law in terms of immediate needs and requirements of individuals and other varying social groups.1This school is concerned more with the working of law rather than the codified law, the law in action rather than static in the shelves of statutes. Since human conducts is primarily motivated by his interests so there is a need to ascertain those interests with the interests of the others and society. The purpose of the law would be therefore to regulate these interests to minimize any conflicts between them. Law is an instrument of social progress. Regard is to be given to the effect of law on society and how society affects Law making process. The participation of the individuals in the society is the determining factor in Law making process which is synonymous to VOLKGEIST of Savigny.

By confounding the current dynamics related to the legality and proportionality of AFSPA, this piece offers an invitation to look beyond the archetypical enigma that dominates the global headlines, in order to unveil the struggles for right to life and liberty. The representation of the oppressed voices is crucial to breaking the hegemonic narrative of the oppressor and hence there should be representation at every stage. One should not question the very existence of Kashmiris instead one should understand them as we grow together not by force but by peaceful representation and co-existence. The broad argument of this essay is honest and analytical as it tries to examine the recourses, if any, the people of Kashmir has under both the domestic laws and international laws. This annotation will try to provide a holistic view of the means adopted by New Delhi to shun the people of Kashmir to speechlessness at the backing of a national legislation, i.e. the Armed Forces Special Powers Act, 1990 in Part I. Part II attempts at drawing the parallels in order to highlight the unconditional support offered by various committees in reviewing AFSPA as it represents tyranny, bloodbath and disproportionate use of force. Part III tries to dwell into the various aspects of the AFPSA to provide a better account as to if it’s a national necessity or a tool legalizing human rights violations. Part IV highlights the application of AFSPA being inconsistent with various provisions of ICCPR, which views right to life as a supreme virtue from which no derogation is permitted. Part V outlines the series of events, which explain the paradoxical conundrum of AFSPA being used as a tool to counter dissent and accordingly explores the potential remedies that can help in achieving peace in the region.

The Covid-19 pandemic (SARS-CoV-2) has become complicated in most countries around the world. The pandemic not only claims the lives and affected the health of tens of millions of people, but also has many negative impacts on life and human rights. To limit the spread of the disease, states have adopted many measures, such as warnings, travel restrictions, medical isolation, and border closures, etc. Despite limiting the spread of the Covid-19, these measures negatively affect human freedoms, such as freedom of movement, freedom to choose health care providers, etc. This paper uses the methods of statistics and describing reality to show the obligations of states to ensure human rights under the impact of the pandemic according to the provisions of international law, and the fulfillment of these obligations in member states of the Association of Southeast Asian Nations, the challenges faced by ASEAN countries to fulfill their national obligations in ensuring human rights under the impact of the epidemic and in post-pandemic: the shortage of vaccine supply; mass vaccination is unlikely to be achieved in the short term. The comparative method is used in some parts of the article to compare Fulfillment of states’ obligations in ensuring human rights under the impact of the Covid-19 pandemic in ASEAN countries.

The research purpose is to investigate the relationship between the right-based welfare state (RBWS) and those right-wing approaches and behaviors contributing to the gradual realization of the RBWS by addressing Issues of social, economic and cultural rights (SECG) as well as civil and political rights (CPG). In such matters, the government addresses the type of individual rights according to pre-determined policies using available national resources. Without the help of independent judicial and regulatory authorities, these proceedings will not implement justice and equality for the whole community in accord with the human rights framework. Therefore, analyzing and judging the SECG of people in society with different religions and languages, while imposing a series of special restrictions by higher authorities, can prevent achieving a RBWS (even during gradual realization). In this regard, the courts can legitimize views of the poor and deprivation in their human rights discourses from a non-political perspective, even in the face of limited financial resources and uncontrollable economic developments. By adopting a workable and different approach to interpreting legal issues, the judiciary can reduce the constraints imposed by the legislature and the executive to facilitate the adjudication of poverty and injustice in line with human rights obligations, paving the way for a gradual realization of the RBWS.

This paper aims at analysing the bilateral relations between China and African countries while using Tanzania as the case study, in terms of trade, investments and aids. Significant interest has been directed on analysing the legal aspect and the jurisprudential view of the said Sino-Africa relationship, and how China has a huge impact upon the natural rights of the Africans and their democracy, which has not been discussed much by the scholars. Main focus is stressed on exploring how the Chinese are basically affecting the institutions of the African countries, and how they are responding to the demands and slavery agreements of the Chinese in the name of having bilateral relations and economic ties. The paper also reviews the reactions of the Africans, judiciary and other pillars of the government towards the investments and all the activities done by the Chinese government which are exploitative in nature and aim at infringing the human rights of the Africans. The research paper recommends actions to be taken by the legislature and African countries to cure the situation and address the legal issues of the relationship by adopting the necessary measures to enforce the local labour laws which conform to international standards. Also, an increase in fines and penalties for those corporations which break local laws as well as consider criminal prosecutions against supervisors who mistreat and abuse workers. Ministry of Labour should investigate anti-union activities by Chinese and other multinational companies as well as impose necessary sanctions against those threatening union representatives.

The role of a witness is critical in any country's criminal justice system. They are an integral part of any civilized society's legal system. Their every statement is crucial because it has the power to influence the course of the entire case. They set into motion the criminal justice machinery by providing proof of the commission of an offense. Witnesses, who are the most key participants in the procedure, are frequently threatened or coerced to amend or withdraw their testimony by the parties involved in the case. As a result, witnesses, who are thought to be the eyes and ears of the court, are becoming hostile with unforeseeable inconsistency. Witnesses frequently become hostile when high-profile individuals are engaged in the conduct of crimes, resulting in the failure of the criminal justice system. As a result, safeguarding witnesses becomes critical to achieving the criminal justice system's primary goal. An earnest attempt is thus made to throw light on the Witness Protection Scheme, 2018 and its features envisaged by the Parliament and approved by the Hon’ble Supreme Court of India.

Countries, including India, had adopted the Universal Declaration on Human Rights (1948) and the Convention on the Elimination of All Forms of Discrimination to protect women from any kind of violence. India had taken many human rights in their constitution from these documents like the right to equality, life, Freedom of expression, right to marry; the state cannot discriminate based on sex, etc. Violence is the major problem of the world which affects the human rights of a woman. It also impacts the mental health of women. Domestic violence is one of the significant types of violence. Domestic violence is also called “domestic abuse” or “intimate partner violence.” It means a pattern of behaviour in any relationship used to gain or maintain power and control over an intimate partner. It includes domestic abuse, economic abuse, sexual abuse, and physical abuse. Recently the National Commission for Women(NCW) said that domestic violence cases have been increasing in India. In most domestic violence cases, men are the perpetrator, and women are the victims. The Constitution of India and the legislatures have given various laws and protections to women; still, they face domestic violence. The Protection of Women from Domestic Violence Act, 2005 [“DV Act” or “DVA” “the Act” for short] was passed by the Indian Parliament in the year 2005 ie, an Act ‘to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family’ and for matters connected therewith or incidental thereto. The DV Act came into force w.e.f. 26.10.2006. DV Act is a civil law remedy to the affected women in their matrimonial life. The higher judiciary in India ie, the Supreme Court and High Courts in India have made some significant interventions and interpretations in the operation of this law. The scope of this paper is to provide an overview of the judicial perspective of protection of women from domestic violence with important provisions and the courts interpretations.

The article talks about the dire state of undertrial prisoners in India. Total prisoners in India is 4,88,511 and out of those 3,71,848 are under trial prisoners. The number of undertrials has gone up from 3,32,916 to 3,71,848, which is an increase of 11.7% during a single year. This article in-depth looks at the reasons why there has been an increase in the number of undertrials. The state of the undertrials in the world’s largest democracy is dire and their future looks bleak. With long-going investigations and no sight of a trial culminating, the undertrial prisoners are left in a state of anxiousness. In the process of justice being served there lies somewhere injustice. The article looks into the few recourses which can be taken by the justice delivery system to improve the state of the undertrials without hampering the process of justice. It also talks about the much-needed police reforms and judicial reforms. Moreover, it talks about the sections which the Indian legal system already has but due to callous authorities the afflicted are left in a state of helplessness. It focuses on the main reasons behind the increasing number of undertrials like the poor population who are ignorant of their right and callous authorities who don’t make it a duty to make the accused aware of his right. With few much-needed reforms and strict implementation, the problem of a growing number of undertrials can be and should be solved and the article focuses on that.

The election process is the fundamental characteristic of any democratic society; it gives democracy a tangible form and ensures the participation of citizens in the development of the nation. Because our nation, India, is such a democratic culture, elections are held practically every year, polling places are chosen at random, and progress toward development is slowed down by the code of conduct. A strategy known as "One Nation, One Electoral" has the potential to stop India from being in an election state during the whole year. It has the ability to provide a new framework for the election process that is being used in India. The elections for the Legislative Assemblies and the Lok Sabha are now scheduled to take place concurrently according to this strategy. In 1999, in its 170th report, the Law Commission argued in favour of holding elections for the Lok Sabha and the assembly at the same time. After that, in December of 2015, the Law Commission issued a report with the title "One Nation, One Election." It has been reported that the government may save millions of rupees in election costs if the elections for the Lok Sabha and the Vidhan Sabha were to be held at the same time. It was proposed that the country hold elections at the same time all around the country in light of the aforementioned factors. In this paper, the author investigates the concept of "One Nation, One Election" as it pertains to India.

We are living in the age of globalization which means we are connected with the whole world without being physically present there. This is possible because of rapidly improving internet sources. Now it is convenient for us to communicate trade, interact and connect with the world with the use of these sources. It becomes our necessity rather than just convenience. But by using these internet sources, somehow we have to compromise with our privacy. A lot of discussions have been done and debates were going on this burning issue. Puttaswamy Judgment is a landmark judgment on this issue which raised some bars of restrictions on the intruders of privacy. On analyzing this judgment Personal Data Protection Bill, 2019 and Data Protection Bill, 2021 came into existence but these are still struggling to come into force. A bench of nine-judges of the Supreme Court of India has upheld unanimously that the right to privacy is a constitutional right, like other freedoms given by the Indian Constitution. The petition was filed by Justice K. S. Puttaswamy(Retd.) and another. In that petition, he challenged the Government’s proposed scheme for a uniform biometrics-based identity card which would be mandatory for access to government services and benefits. In opposing the petition, the central government argued that in the Constitution there is no provision for specific protection for the right to privacy. But the Supreme Court decided that privacy is an incident of fundamental freedom or liberty guaranteed under Article 21 which provides that: “No person shall be deprived of his life or personal liberty except according to procedure established by law”. So, this is a landmark judgment which is going to lead to constitutional challenges to a wide range of Indian legislation, for example legislation criminalizing same-sex relationships as well as bans on beef and alcohol consumption in many Indian States. Experts are expecting that the Indian Government to establish a data protection act to protect the privacy of the every individual.

In simple term Globalisation refers to incorporation of numerous economies of the world. Globalization have altered the entire world and brought gradual development in technology, Transportation and communication etc. It has also eliminated the national boundaries and integrated the economics, Cultures, technologies and governance of various countries that resulted in mutual interdependence. The point of this paper is to help the information with respect to globalization and its effect on worldwide business. Global business is a huge scope of business exercises including the trading of labour and products among people and organizations across national borders. Related to the dashing of globalization, worldwide business has been a theme among business chiefs and has drawn the consideration, everything being equal.

Crime against women is major obstacle on progress on achieving development targets. Without addressing it, anybody have little chance of meeting millennium development goals. In India, domestic violence is emerging as a major social problem. However, until recently, the documentation on the prevalence and correlates of domestic violence against women has remained scant. The recognition of violence against women as a form of discrimination and, thus, a human rights violation, provides an entry point for understanding the broad context from which such violence emerges and related risk factors. In order to prevent violence against women, the underlying root causes of such violence and the effects of the intersection of the subordination of women and other forms of social, cultural, economic and political subordination, need to be identified and addressed. There are certain kinds of Crime against women like rape, dowry death, domestic violence, kidnapping, molestation, torture, sexual harassment is experienced by women in India. Crimes have physical and psychological impact on women which preventing the ladies from leading a standard life. Male dominated Indian society is one in all the most causes of crimes against women.

In this research paper, we are going to discuss the violation of the primary human right, and which is also the most important right of every human; that is the “Right to live a healthy life”, without any oppression or discrimination. In this world, almost all the nations have given this right to their citizens, but sometimes due to some worst circumstances like; war, civil war, clashes and conflicts between two particular groups or community lead to the mass killing/ genocide of the minor or weak one. In these events innocent peoples lose their lives, and the major or strong one dominates other. In these types of events, the inhumane face of rules or peoples from majority/strong community come Infront of the world, when they kill lakhs of people without taking into the account that; the person who is going to die in the massacre is a child, or a woman, or a senior citizen. In this work, I have taken the records from the history from the first world war as well and also discussed the recent event of mass killing also.

Child Labour is any work performed by youngsters that is risky or hurtful to them and influences their physical and mental turn of events. This type of work denies offspring of their life as a youngster, their true capacity and their poise, and obstructs a kid's capacity to join in and take part in school completely by committing them to rashly leave school. The law on kid work in India accommodates disciplines for unlawful work of youngsters however doesn't totally refuse the work of kids. Certain types of work done by youngsters like maintaining a privately-owned company or proceeding as a kid craftsman, and so forth are permitted under specific circumstances. Despite the fact that the law is severe in its arrangements against kid work, such work is especially common - the absence of familiarity with the law and the absence of execution by the specialists being the key reasons. This research paper is going to cover all the aspects of child labour and laws related to it.

The advent of electric vehicles is a boon to the developing countries like India, they are expected to show a positive inclination towards this technology and the same was expected by the government also but there is a gap between the expectation and reality which is caused due to the difference in expected and formed perception of Indians towards electric vehicles. It is concluded by the researcher that the manufacturers need to work on R&D to improves the impact of range, cost, looks, branding communication and news to make the relation positive hence create a positive perception about electric vehicles in Indian market.

The Insolvency Law Committee (“ILC”), which is a high-level Government-backed committee of insolvency experts, has recommended that India adopt the Model Law on Cross-Border Insolvency, 1997 (“Model Law”), promulgated by the United Nations Commission on International Trade Law (“UNCITRAL”). However, the ILC, while making this welcome recommendation, has also recommended that India temporarily enact the tenet of legislative reciprocity in its version of the Model Law. This article attempts to elucidate why it would be an imprudent idea to enact the tenet of legislative reciprocity in the Indian version of the Model Law, even temporarily. Structurally, this article (after the preliminaries), first provides miniature knowledge capsules on the basics of cross-border insolvency and the other allied concepts surrounding the principle of legislative reciprocity (the primary assumption being that several readers of this article may not be well-versed with the basics of cross-border insolvency, as it is a fairly tight-knit and an upcoming field). Thereafter, this article highlights as to how the ILC has envisaged the application of the tenet of legislative reciprocity in the draft Indian version of the Model Law. Post-that, we reach the most critical part of this article wherein detailed reasoning is provided as to why enacting the tenet of legislative reciprocity in the Indian version of the Model Law is an imprudent idea. This article then concludes with the reiteration that enacting the tenet of legislative reciprocity in the Indian version of the Model Law is an imprudent idea.

This paper focuses on the settlement of investment disputes between States. There are numerous ways to handle the legal issues which arise from investment practices. This paper mainly deals with the areas of state-investor dispute settlement from the point of view of the state as well as the investor. How the venues for the dispute settlement are decided and how the disputes are resolved in accordance with Alternative Dispute Resolution (ADR) mechanisms. These third-party resolution procedures help to gain the trust of the investor and also create a space for a fair process of settling these disputes. On the other hand, there are some countries that have been following the old tradition where foreign investors are not allowed to go for the methods of dispute settlement and are only entitled to resolve their disputes through the judiciary system or the national courts of the country. This paper will further discuss the various options that are there when a dispute settlement is considered in international investment agreements. The inclusion of dispute settlement procedures can be omitted in investment agreements, the reference of a dispute settlement approach can be based upon the consent of the disputing parties and can come under the jurisdiction of the courts and tribunals. The choice offered to the disputing parties makes it easier for them to choose an approach whether national or international, in cases that are exceptional, a dispute can be compulsorily referred to as an international mode of dispute settlement

The government of Bangladesh issued the first five years of sovereign Sukuk in late 2020. The introduction of Sukuk into the capital market showed its motivation to increase the issuance more in the country. Currently, there is no structured regulatory framework for Sukuk in Bangladesh which impedes further development of the Sukuk market. Thus, Bangladesh may adopt the best practices of Sukuk regulation like Malaysia. The main objective of this study is to examine whether Bangladesh can learn from Malaysia’s experience in order to establish a sound regulatory structure for Sukuk. This is qualitative research utilizing case studies and uses the exploratory approach to review and analysis the available legal documents regarding the Sukuk structure and issuance in Malaysia and Bangladesh. Even though there are various legal variances supporting the legal and regulatory framework of the two countries, the Malaysian experience can be a suitable regulatory approach to apply in the Bangladesh context with the adaptation of some rules. Relevant Bangladeshi laws such as specific acts for the Islamic capital market and proper guidelines for Sukuk should be amended to ensure smooth issuance of Sukuk in the country. Apart from that, Bangladeshi regulators have established an independent Shariah Supervisory Board at the central level and a favorable tax framework for Sukuk. The study focuses on the Malaysian legal and regulatory framework regarding Sukuk issuance and set out several regulatory requirements for the Bangladeshi capital market. It contributes significantly to the legal and regulatory conceptual framework of many common law countries whose intention is to implement Sukuk.

This paper aims to give readers an insight into the world of abortion dynamics across the globe. Despite living in the 21st century, today’s world is witnessing numerous restrictions on women’s liberty when it comes to reproductive rights. The topic takes a sensitive turn when it comes to the creation of a political divide between the supporters and opponents of what is termed ‘the debate of “Pro-life and Pro-choice”’. The first part of the paper dwells on explaining the above two viewpoints and how they affect women. Maintaining an unbiased view, the paper further attempts to analyze the social, economic, legal, and political outcomes of the same debate and how it will affect the contemporary world. The second section of the paper examines Margaret Atwood’s spine-chilling futuristic dystopia which is infamously referred to as a “feminist’s nightmare”- The Handmaid’s Tale. The paper will analyze the current prevailing abortion regulation practices and compare them with the world set by Margaret Atwood in her despairing futuristic dystopia. Next, the paper discusses the current protest regarding abortion in the US that has emerged in light of the upcoming decision of the Supreme Court, due in June 2022, concerning the Mississippi Abortion Law which would affect the rights and lives of millions of women. At last, the paper ends with suggestive policies, a legal analysis of the laws in India, and an answer to the above-formulated dystopia. The paper ends with a set utopia of suggestive ways which reflect how granting autonomy to women can lead to a better society - economically, politically, socially, etc. Through analysis, we conclude that it is essential to give women and persons of other genders rights regarding their bodily autonomy, and not doing so would lead to harm more than overall benefit.

India being the largest democratic country of the world has its various organs like Executive, legislative and the judiciary working is sync. Even though the executive is responsible to the legislature in the Indian form of parliamentary democracy, the judiciary is integrated and independent of the other organs. In Independence of Judiciary the judicial system is independent and exclusive without any restrain and interference from the other organs of the government, i.e. the executive and the legislature. It is an important pillar for the functioning of a healthy democracy where judges are able to perform their functions without any fear and favor. In India an independent judiciary and rule of law holds much significance and has been upheld as basic feature of the constitution and cannot be abrogated by any constitutional amendments. Due to this feature the people of India has immense faith in the judicial system where their rights are being safeguarded.

In order to make it easier for the public to establish a company, the Government recently rolled out the concept of a sole proprietorship through a derivative of Law Number 11 of 2020 concerning Job Creation, which is nothing new for several countries in the world. This concept has been known in various countries, but with different names. The United States, Canada and Singapore call a sole proprietorship a sole proprietorship, while in the UK it is called a Sole Trader. In Vietnam it is known as Private Enterprise, and in the Netherlands it is known as Eenmanszaak. The concept of a sole proprietorship has various advantages, as regulated in Government Regulation Number 8 of 2021 concerning Company's Authorized Capital and Registration of Establishment, Amendment, and Dissolution of Companies that Meet the Criteria for Micro and Small Businesses. The Job Creation Law changes the ratification regime to a registration regime, including for this sole proprietorship. These are the legal facts found by the author who have concepts that are relevant to the development of Legal Studies in reviewing sole proprietorship.

Human rights in India is an issue complicated by the country’s large size and population as well as its diverse culture, despite its status as the world’s largest sovereign, secular, democratic republic. The constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary, and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights. The 2016 report of Human Rights Watch accepts the above-mentioned facilities but goes on to state that India has serious human rights concerns. Civil society groups face harassment and government critics face intimidation and lawsuits. Therefore, these rights belong to them because of their existence These rights are available to all people irrespective of their origin, race, religion gender, and nationality. Because of this right, fundamental rights are so important, they are sometimes called fundamental rights, fundamental rights inherent rights, natural rights, and birthrights. Human rights are the rights and freedom to which every human being is entitled Protection against breaches of these rights committed by a state (Including the state of which the victim is a national) may in some cases be enforced. In international law. It is sometimes suggested that human rights (or some of them) are so fundamental that they form part of natural law, but most of them are best regarded as forming part of the treaty. Thus, human rights are the rights of individual men and women to basic freedom. There are many such challenges national and international in front of human rights. The condition of women has improved but not as much as a thought. There are still many countries in which women have been denied rights. The condition of women is not good in countries, like Afghanistan, Pakistan, Iran, Syria, etc. Similarly, Poverty could not be completely eradicated, people remain troubled in such a way that they are not able to survive and fight for their rights. Terrorism has also not ended completely in the world, it is very bad in Afghanistan rights now along with terrorism, and the condition of migrant refugees is pathetic, which is being looked at.

The world has reached a time where human existence and lifestyle without internet access is almost unimaginable as it has now become a fundamental necessity. Owing to the enormous connectivity, information exchange and communication platform that the internet provides, it plays a vital role in each and every aspect of life wherein anyone from any part of the world can access the resources in the blink of an eye, be it education, governance, technology, medicine, infrastructure, etc. With the advent of Internet, the concept of Cyberspace has evolved. Cyberspace being a virtual space poses several threats to the conventional conceptions of jurisdiction. Jurisdiction is a part of the state sovereignty which extends to administrative, judicial and legislative competence. Jurisdiction as a notion includes the jurisdiction to adjudicate, the jurisdiction to prescribe, and the jurisdiction to enact. Crimes committed in the virtual world of cyberspace are called cybercrimes which are interpreted as any crime for which the use of internet was required. As Internet is trans-border and non-territorial, it becomes impossible to establish which state has jurisdiction over a specific cybercrime.

The demonstration protection is a right that has been guaranteed in the law. Both in the act of Independence expressed public opinion and the law governing human rights. However, in reality the guarantee against the protection of demonstrations is not implemented in accordance with the provisions of the legislation. This study was conducted with a qualitative method approach, namely by using normative juridical strategy techniques, by approaching the study of legislation (Statute approach). Thus, the Indonesian Democratic state should produce and recommend that the state must guarantee legal certainty firmly against the protection of demonstrations in Indonesia, take firm action against anarchism actions both carried out by participants of the demonstration and the conduct of law enforcement officers in this case the TNI-POLRI which resulted in the loss of a person's life protected by, then both parties, both participants of the demonstration and law enforcement, must obey and submit to the rules of law. So that the Indonesian people guarantee legal certainty, uphold democratic values, and freedom of opinion. In the state of Indonesian law

A Latin proverb that suits best for the Juvenile Justice framework in India is 'Nil Novi Spectrum' which suggests that nothing is new on this planet. There has existed an assumption in the entire world since the old time frame that the Juveniles ought to be managed permissively on the grounds that there exists an arrangement of felt that says-Young people by and large have a propensity to answer in a genuine and delayed dissatisfaction which is went with forceful methodologies. Over the most recent couple of years, it is additionally seen that the wrongdoings done by youngsters younger than 15-16 have expanded fundamentally. The overall inclination or the brain science behind the responsibility of the wrongdoing or the reasons for wrongdoing are early-valuable encounters, prevailing manliness, childhood, financial ruins, absence of schooling, and so on. It involves shame that the kids younger than 6-10 are these days utilized as instruments for completing unlawful or criminal operations. Since the personalities of the children have a blameless and manipulative person, they can be baited at a pitiful expense. This article is going to cover every possible aspects of juvenile justice.

Consumer protection is one of the necessary element in the present scenario as consumers are easily exploited particularly in E-Commerce. The internet has provided consumers a wide range platform for buying goods and services in a convenient way. This e-platform saves the time as well as the money of the consumers. Thus its become a integral part of people’s day to day life. On the other hand the government has made some initiative for the interest and the protection of the consumers. The government has provided many rights for the protection of the consumers in order to reduce the violation against them. This article briefly discussed about the growth of consumer rights particularly in E-Commerce. It mentioned the different provisions under various Acts regarding consumer protection and also made some suggestions for the same

The use of sedition statutes in a number of recent instances has reignited debate over their undemocratic nature and usefulness in today's constitutional democracy. Unfortunately, these norms have resisted colonial rule. The implementation of sedition laws by various Indian courts demonstrates how out of date they have become for today's culture, and numerous proposals for their application are made. All citizens of a democratic society, such as India, have the fundamental right to freedom of expression and speech. Although a law of sedition is permissible if such rights are subjected to reasonable limitations, the breadth of such laws is crucial. In our country, where the rule of law reigns paramount, charging someone with sedition indiscriminately is a violation of the constitution. This paper attempt to bring together all of the debates regarding repealing and altering these laws into one place. The existence of this law in our statute books, as well as its prosecution, appears to be unjustified in our democratic society.

There has been continuous flow of drugs into the country and there have been massive seizures during the first two months of Financial Year 2022-23, particularly by the DRI, ICG, Gujarat ATS and the NCB. These empowered departments have been extremely successful in preventing the inflow of drugs into the country. This does not diminish the role of the other empowered departments, particularly the Customs manning the FPO, International Airports, International Courier Terminals, Air Cargo Complexes – both Export and Import. The ever-expanding drug market has made more people to join different ranks to the already burgeoning force by roping more people under the net of drug abuse by unscrupulous persons forming part of the drug syndicate for the monetary gains using the lucrative illegal business. This illegal business has become more organized than ever before because of huge money involved. This article explores the flow of drugs into the country, the seizures effected and the trends noticed.

Secularism and existence of different minority communities depict the pluralistic nature of India. The principle of unity in diversity in the Constitution of India acknowledges the secular nature of the Nation. Secularism in India gives assurance to equal treatment of all religions. The Indian concept of secularism is deep rooted in religious tolerance and common brotherhood which is highlighted in the Preamble of the Constitution of India. The Constitution of India does not define the term ‘minority’. Articles 29 and 30 of the Constitution of India specifically refers to religious and linguistic minorities. Minorities are generally considered to be socially, economically and politically non - dominant and numerically inferior sections of the society. They require special care and protection to come forward from the caves of backwardness and insecurity.

The judiciary in India has treated the Preventive Detention system as a complete code in itself and the constitutional provisions for emergency regime were non-justiciable as held in the infamous case of ADM Jabalpur. Lately, the Courts have extended this state of exception to anti-terror statutes too. The existence of these three systems continue in isolation from the Indian Constitution and its values. By retaining the validity of such regimes and statutes, the Courts have created a separate territory of jurisprudence, which is primarily marked by executive supremacy and denial of remedies. The pervasive justification of salus populi suprema lex may lead to the creation of a permanent state of exception. This reasoning by the judiciary seems flawed, as it negates the transformative character given to the Constitution by its makers. The judgement given by Bombay High Court in Jyoti Chorge v. State of Maharashtra vindicates the transformative nature of the Indian Constitution by holding onto its liberty-protecting civil rights tradition of the judiciary. It refuses to bow down in front of the executive by the mere incantation of a state of exception. The judgement puts the Constitution at the forefront, while interpreting the anti-terror statue.

Water is very essential for us. Without water, we cannot assume our life. To protect and preserve the water bodies is our fundamental duty. There are some laws specifically for the prevention of water pollution but no specific laws dealing with all problems related to the equitable distribution of water. Water cannot be a personal good because the water was always a common good. Old laws are not sufficient to deal with the problem that lies in the modern period with the distribution of water. India is facing a lot of scarcity of water and our economy’s lot of funds we are bearing to manage the distribution of safe drinking water. So, there is a need to mix all the components related to water distribution law in one place and there should be a law on the national level to deal with the problems related to groundwater and surface water. Judiciary has time given guidelines for water laws. This is the right time for specific water laws related to the distribution of safe drinking water.

Indian railway one of the largest employment generator in the world, provides employment to over 12million workers. The railway employees perform their duties round the clock over diversified geographical regions. The hardship in performance, sometime the emotion and specific psychological mindset of the employee, tends unjustified delinquency in the behavior or performance of duties, by which the employee renders himself unbecoming of a railway or government servant, by virtue of provision of The Railway Services (conduct) Rules, 1966. Such delinquent employee will be dealt according to THE RAILWAY SERVANTS (DISCIPLINE & APPEAL) RULES, 1968, hereafter referred as DAR.

India is quickly transitioning to a digital economy. Because of the growing number of digital transactions, e-commerce has seized vast sectors of the Indian population, making the online market space more complex and information-intensive. With the implementation of online dispute resolution for digital payments, the RBI has demonstrated its ability to quickly adapt to the fast-paced financial technology. The relationship between the consumer and the financial institution has changed dramatically as a result of growing digitalisation. As the number of digital transactions increases, so does the number of disputes and frustrations. Authorized Payment System Operators like banks, nonbanks and their participants in India were recommended to implement Online Dispute Resolution systems for resolving consumer disputes and grievances.

The smooth functioning of the securities market, its health growth and development depends to a large extent on the quality and integrity of the market. Such a market can alone inspire the confidence of investors which depends on the assurance that the market can afford investors and that they are placed on an equal footing and will be protected against improper use of inside information. Inequitable and unfair practices like insider trading and other security frauds can affect the integrity, fairness and efficiency of the securities market and confidence of Investors. In India, therefore, The Securities and Exchange Board of India (‘SEBI’) was established to protect the interests of the investors in securities and to promote the development and regulation of the securities market and was empowered to make regulations, consistent with the Securities and Exchange Board of India Act, 1992 (‘SEBI Act’) by notification. Based on these lines, the SEBI introduced the SEBI (Prohibition of Insider Trading) Regulations, 1992 (‘1992 regulations’) which has now been repealed and SEBI (Prohibition of Insider Trading) Regulations, 2015 (‘2015 regulations’) has come into force that aims to counter the shortcomings of the previous regulations and to curb the menace of insider trading i.e. an illegal method used by some vested interests in the area of corporate businesses to fulfil their own monitory expectations or cause loss to others. The Indian company law provides that a company should prepare an annual account showing the company’s trading results during the relevant year. It also makes it mandatory that the company publishes its assets and liabilities at the end of the period. This has been provided to ensure transparency in the functioning of the company. Also, the company should call at least one meeting of its shareholders each year known as the Annual General Body Meeting (‘AGM’) and is kept with a view to ensure and review the working of the company. The information released in Annual Reports and Annual General Body Meetings plays a valuable role in shaping the minds of existing and prospective shareholders. However, persons in the company itself or otherwise concerned to the company are in possession of certain information before it is actually made public. For example, a Chartered Accountant, auditing the accounts of the company; directors of the company taking decisions etc. The knowledge of this unpublished price sensitive information in hands of persons connected to the companies puts them in an advantageous position over others who lack it. Such information can be used to make gains by buying shares at a cheaper rate anticipating that it might rise or selling them before the prices fall down. Such transaction leads to one of the most serious charges in relation to the securities market i.e., insider trading. Thus, the present research paper examines the concept of insider trading in India and the critical analysis of the 2015 Regulations formulated by SEBI for insider trading

The controversy regarding the hijab ban came to light when a group of students was barred from college for wearing hijab. The state government was already passed an order in which uniform is mandatory for all students. The Karnataka high court upheld the order of the state government and banned any form of religious wear. The petition to the high court was filed under articles 14,19 and 25 of the Indian constitution. The petitioners argued on the moral ground and argued the government has no authority to prescribe the uniform. Respondent contended that any clothes that represent the religion should not be allowed in the compound. The right to religion is not absolute and the ban on the hijab hasn’t violated any rights of Muslim women. the hijab row has made the shutting down of educational institutions and issues in maintaining public order.

This research evaluates the laws of juvenile delinquency in Bhutan and also focuses on the juvenile justice system by providing more insights such as the cause and effect of juvenile delinquency, its relationship with society, and finding more ways to develop its justice system. Juvenile delinquency is a legal term and not a specific behavioral or psychiatric syndrome. Because common law is founded on theological law, society has traditionally responded to juvenile delinquency and crime based on moral and religious beliefs, about the age at which juveniles are criminally responsible rather than scientific knowledge. Research has shown that there is a high degree of offenses committed among all teenagers, and the majority of offenses that violate the law are one-time occurrences that are usually non-violent. Only about 5-10% of teenagers commit violent crimes.

In India, the notion of gender justice is not a new phenomenon. Women have been subjected to gender inequality and differences in every aspect of their lives. In the era of modernization, women still face discrimination in various fields. They are often subjected to inequality in multiple areas and still face issues such as sexual harassment, forced prostitution, dowry, and many more. Transgender people are also subjected to utter discrimination and are deprived of their fundamental human rights as a third gender. However, The Constitution of India laid down specific provisions and laws to eradicate the concept of gender inequality between men, women, and the third gender in socio-economic, political, legal, and another aspect of life. The paper seeks to critically evaluate the constitutional provision relating to gender equality and analyse the general issues and problems faced by women and the third gender in society.

Child witchcraft accusations are a relatively recent phenomenon trending in Nigeria especially in South Eastern part of the country. The stigmatisation of children as witches and resultant child rights abuse is becoming prevalent in this part of Nigeria and is getting worrisome. Witchcraft stigmatisation is increasingly identified as a growing human rights concern and has been recognised as a major barrier to the effective implementation of child rights in Nigeria. The paper aims to give a better understanding of the complexity and the variety of the phenomena described, as well as the causes, which are not only cultural and social, but also economic and political. To do this, it examines the plights of children branded as witches in Nigeria. It explains the reasons for the proliferation and flourishing of this evil practice against these vulnerable children. It sheds light on the inhuman degrading treatments these children are subjected to and the perpetrators are usually family members and religious leaders. The rights of these labelled ‘Child witch’ under the various international human rights laws are highlighted because witchcraft-related abuse entails significant violations of a range of children’s rights. It is revealed in the paper that domestic legislative policy responses are not fully effective, coupled with the problem of enforcement and implementation. The work of various CSOs and NGOs who are the main actors to raise concern about the increase of child witchcraft accusations in Nigeria are highlighted. Some recommendations are suggested. The paper concludes that the phenomenon of witch persecution is still very much alive, and there is the need for urgent response and the needed protection for the affected children by the government.

The issues of disability in India has long suffered oversight in legal field. Though the civil society groups have strong voiced and advocated for the same voicing deprivation of right of disabled at different levels. The International Human Rights Instrument at Untied Nations have laid a progressive role in paving the way for enactment of laudable legislation as Rights of Persons with Disability Act 2016 in India following India’s commitment to United Nations Convention on Rights of Person with Disability under the constitutional mandate of Directive Principles of State policy. The main objective of this Act is to provide a right based perspective welfare approach and affirmative measures for person with disability. In light of this background, the main objective of this article is to first assess the implementation and consequent effect of this Act on persons with disability, second objective is to enumerate the impediments faced by persons with disability in exercise of rights guaranteed under Rights of Persons with Disability Act 2016, third objective is to examine the particular issues faced by persons with disability during pandemic and its impact on them, The main research issues in this article is to document comprehensibly the recent legislative and judicial decision on person with disability during pandemic and the limitations in the same. The gap between the law in text under Rights of Persons with Disability Act 2016 and its implementation at the grass root level. The research method used in this is qualitative research based on secondary sources. The literature review involves analysis of contemporary judicial and legal framework in India on Person with disability.

The real development of any country lies in its rural population. In this context, the role of MGNREGA in economic development of rural India employment generation of rural India has been magnificent. Mahatma Gandhi National Rural Employment Guarantee Act (hereinafter mentioned as MGNREGA) is one of the most progressive legislation enacted since independence. MGNREGA is the largest rural employment scheme in the world. It is described by the Government of India as a rights-based, demand-driven, self-selecting, bottom-up scheme. In addition to providing rural households with supplementary employment, MGNREGA seeks to encourage and facilitate the empowerment of women through financial inclusion and independence, strengthen civic participation, as well as improve the rural landscape. The paper analyses and assess the various physical aspects of MGNREGA in India.

Public Interest Litigation is the result of judicial activism and has been seen as an instrument of bringing justice to the doorstep of the poor and less fortunate. It came into existence as a response to an endemic problem of exploitation and injustice caused to the vulnerable sections of the society in India and in many Third World countries. The Indian Supreme Court thus devised the Public Interest Litigation principle; thereunder the public-spirited citizens or groups can activate the Court to prevent the infringement of fundamental rights/human rights of weaker sections. Public Interest Litigations have sought the implementation of constitutional and statutory obligations towards poor and weaker sections of the society. In this research work the researcher will discuss that how this instrument of Public Interest Litigation been used by the judiciary for the purpose of inculcating the human rights jurisprudence and protection of rights of the prisoners.

Uniform Civil Code, is the idea to bring laws of all religions and classes/groups of sects within various religions under one big canopy, which will ensure equality, gender justice, and uniformity. Раrt IV оf the Indian Соnstitutiоn рrоvides fоr Direсtive Рrinсiрles оf Stаte Роliсy. Thоugh these рrinсiрles аre guidelines and аre nоt enfоrсeаble in а соurt оf lаw hоwever they аre indisрensаble in the gоvernаnсe оf the соuntry. Оne suсh direсtive рrinсiрle is given under Аrtiсle 44 оf the Соnstitutiоn whiсh сreаtes аn оbligаtiоn оn the stаte tо enасt а Unifоrm Сivil Соde. Specific ambitions of progressive society are aspired to accomplish. However, this notion is not plain vanilla. While post 70 years of independence, many questions have been answered and many would be answered in the forthcoming years; but one dilemma shivers the spine, one question remains unanswered, will you sacrifice these personal laws? This paper analyzes the provisions laid down for the Uniform Civil Code under Article 44 of the Indian Constitution. We begin by looking at the constituent assembly debates, moving on to understanding the perspective of various religious groups and viewpoints on gender justice, and finally proposing our stance of implementation by critically answering the aforesaid question.

Right to fair trial is a facet of Due Process or Natural Justice, which can be significantly traced back to Roman Jurisprudence and in the contemporary times to the Magna Carta. The Right is accessible or has to be made accessible to every individual in both civil and criminal cases. But it has a significant role to play in Criminal Justice Delivery mechanism, as the accused has to fight the whole state machinery trying to prove his guilt. The importance of the same has been so imminent that it has been raised to the pedestal of Fundamental rights. The deprivation of free trial is injustice to the aggrieved as well as to the society, as violation of the same is a looming danger of magnanimous level. A mere glance at the international monitoring organs' jurisprudence depicts that the right to fair trial is often violated in various parts of the world. Right to Fair trial has been adapted in various forms in various countries with more or less the same fundamental structure. The Research paper will critically examine the dynamic legal structure of the international organizations with a specific focus on India, UK and South Africa. The research paper will be dealing with the principle of equality before law which is applicable in both criminal, it will further deal with the principle of presumption of innocence which is of utmost importance in regards to the criminal proceedings. The paper will further discuss the various obstacles which the countries have been facing in order to administer justice. The paper will also specify about the Pre-trial procedure which has a bearing on Fair Trial Principles and trial rights

The protection of copyright in the cyberspace is not as easy as in the physical space, many issues and challenges are there before the statute and the courts of law to give effective protection to the interest of the copyright holder in this new world. The laws when drafted they are not aware about such unique issues and challenges, so laws were not much efficient to restrict the violation in the cyberspace, it also create problem for the court that in the absence of any laws how they can protect the interest of the owner of the copyright. By the time passed the law maker make laws in this regard and addressed the issues w.r.t. violation in cyber world, then court also gave so many decisions which become the land mark and leading one. This paper aims to study the issues and challenges related to the copyright protection in the virtual world as well as the legal frame work and the judicial opinion. The study is limited to the Indian scenario only. The issues like the P2P sharing, online licensing of software, framing, catching, issues of jurisdiction in digital space has been discussed in the paradigm of leading judicial pronouncement and legislative frame work. The paper adopts the doctrinal & analytical method of study to analyze the legislation and the decisions of the courts.

Social media is one of the incredible arising instruments across the globe. India is encountering a fast development in the ICT area since 1990's and extended since 2000. The utilization of interpersonal communication tools like Facebook, Twitter, LinkedIn has gotten one of well-known methods of mingling. Women, for ages, have assumed an imperative part in building a general public they flourish in. Women as an essential piece of the general public, significantly include and add to it. In this study, survey throughout different districts of the state, been performed to indicate the differences between different academic, geographical and economic section of the women, under one particular umbrella, called Facebook (FB). How the women of Bengal are using this particular medium to create an alternate earning resource in their household and gaining economic empowerment in the society, is the main objective of the study. In the due course the gender divide, as well as the digital divide urged for continuous mention as a prevalent factor in the growth of economic empowerment of women in Bengal.

Freedom of Speech and expression is natural right of every person in the world. Right to speech mentioned as a fundamental right in the constitution of India with certain restrictions. If we interprets the words by constitutional aspect means the right to express one’s own conviction and opinion freely by words of mouth writing, printing, pictures or any other modes. And we know this rights also enshrined in Constitution of India under Art 19(1) (a) and Art 19 of UDHRC. Now a days Right to speech and expression also include through cinema because it is a tool of social awareness or social problem direct way in public. It is a weapon of expression of thoughts and ideas. It provides a platform to express of itself. Under this research paper we are trying to focus on a right to speech and expression through electronic and digital tool like Cinema and what are constitutional aspects and certain restrictions and judicial interpretation regarding to speech and expression and a journey start since 1950 to 2021.

Intellectual Property Rights (IPRs) are a big part of the question 'how to secure so much innovation around us?’ With budding technology ideas, disruptive entrepreneurs, Intellectual Property Rights becomes a crucial factor in the Indian startup ecosystem's success. Intellectual property rights (IPR) are fundamentally intangible and grant exclusive rights to an inventor or developer for their valued inventions. The process of invention or development.In the global context, intellectual property rights (IPR) are the focus point.Such rights enhance the innovative environment by providing acknowledgment and financial advantages to the inventor or innovator, but a lack of understanding of IPR and its inadequate enforcement may hinder the country's economic, technological, and sociological progress. As a result, the biggest demand for any country is the dissemination of IPR information and its appropriate execution.Intellectual property rights are critical for society's long-term progress in an experience and understanding economy. Because it is practically difficult to build a creative environment without distributing IPR understanding and application, IP is a basic requirement for being a member of local as well as worldwide fair exchange. Hence the present paper discusses how the young generation can use IP as a catalyst to develop the economic condition and lift the country to a developmental stage.

The discourse to find a balance between maintenance of labour standards and non-violation of the principles of GATT is not new. A common consensus in this matter, however, has been that considerations of labour standards should not be used to enforce protectionist practices or to dilute the comparative advantage of a certain country. The Appellate Body of WTO had ruled that GATT inconsistent trade measures directed at other countries have to be justified under any of the exceptions listed in Article XX of GATT. However, there is little available jurisprudence to understand how Article XX is to be interpreted. Article XX lists exceptions to justify trade measures that are inconsistent with the principles of GATT with only two exceptions, namely “public morals” and “products of prison labour” that can be linked to labour standards, unlike its arguable predecessor, the Havana Declaration which expressly called for measures against unfair labour conditions. It is particularly “public morals”, that provides a rather wide but quite ambiguous connotation of Article XX. What constitutes public morals is itself dynamic in nature, ever adapting to the changing times. At the same time variations in labour conditions are also a result of the economy of a particular nation as well as are culture specific. This poses a challenge to enforcing a universal idea of rights at the backdrop of plausibly inconsistent domestic policies. However, while inconsistencies might exist in tailoring an ideal fair wage or liberty for labour to organise, certain aspects of labour rights remain non-negotiable. The objective of the paper is to explore ways to make sure that labour rights are given due consideration in international trade, by delving into the present framework and connected jurisprudence, existing challenges and rationales and would ultimately suggest plausible policy reforms.

Television formats are one-of-a-kind and unique parts of a show that are combined to create an idea that is clearly different from other television shows. Format-based shows with a worldwide appeal include Big Brother, The Voice, and America's Got Talent, to name a few. The growth in generation of production volumes of format shows from €6.4bn in the years 2002, 2003 and 2004 to €9.3bn in the years 2006, 2007, 2008 establish that the producers of these television formats churn out huge profits from the telecast of the shows. However, recent litigation has brought to light a number of issues that producers and networks may not have addressed before developing some of these series. While popular programmes might bring in a lot of money, they can also be readily imitated, requiring producers and their attorneys to go to the courts to defend their creative investments. For the purposes of this article, the most notable of these cases assert intellectual property rights, focusing on charges of concept and format theft. The research investigates if there is a need for legal protection of television formats, and if so, which aspects of formats are protected and experience difficulties as a result of such protection, as well as how ownership disputes stemming from such protection are resolved. Furthermore, the protectability of unscripted television formats is questioned because they are only concepts that have yet to be transformed into full works in order to qualify for copyright protection. The research investigates whether television formats are more than simply ideas, and whether they may be classified as copyrighted works under the traditional definition, granting the format owners the sole right to prevent others from plagiarising the original format.

The easy accessibility and user friendly interface of internet has boosted the growth of E-commerce sector. The ease of digital payment has given birth to the concept of virtual asset. The currency of a country is a legal tender and medium of exchange. It possesses some value and is used to fulfill the financial obligations. The Central Bank of a country issues the currency. The virtual assets are based on blockchain technology which is based on encrypted blocks containing information and data shared across a large network. The data structure helps to maintain unchangeable record of data in time-structured format. The features like anonymity and decentralization has made the countries skeptical about its usage. Indian policy on blockchain technology is positive about adopting the technological changes. The taxation scheme in the Annual Budget for FY-2022-2023 has made stand of the government clear. However, the implementation and adoption of virtual currencies or virtual assets opens the door of huge legal, regulatory and infrastructural challenges. This paper shall contain the analysis of existing legal and regulatory framework. The author would also focus on the challenges pertaining to virtual assets.

To any country children are the most valuable resource and best hope for the future, especially in countries like India Girl child plays a vital role. Each and every child is an uncut diamond with its preciousness contained within itself. Not all the carbons are transformed into diamonds and not all the diamonds are shaped to the level of perfection such a way the birth and brought up of the children were decided by their society in which the children born. Religion plays a vital role in any brought up of a child so as the religion makes a big impact in the children’s life. Many religious customs and practices abuse the children physically, sexually and psychologically. Children were being abused and harassed in the name of religion blanketed by good faith, children were being forced or enticed to involve in many religious rituals which gives them immense injuries and pain. Not all the religions and customs imposes grave and hurting procedures in conduct of its rituals. Many of the rituals followed in the religion of Hinduism contains back braking and hurting procedures which sometimes leads to death also. Being in a secularist country and matter of religion as a personal business, one cannot question others faith when they tolerate and enjoy the pain but the same cannot be justified when it comes to the issue of children involving in such activities. Children were deemed and codified to be not eligible to take any decisions, till they attend their age of majority as per the pertaining laws thus one cannot say that the child is intended to do such activities in the name of religious good faith. In this paper I have made an attempt to bring in to lime light the various abuse been imposed on the children by their family members and others in the name of religion, rituals and good faith, especially in Hinduism and how far it violates major laws of India and the need of the legislation to address it.

Electronic Contract alludes to an agreement that happens web-based based business, frequently without the gatherings meeting one another. It alludes to business exchanges directed and finished up electronically. A client drawing cash from an ATM illustrates an electronic agreement. One more occasion of e-contract is the point at which an individual orders some item from an internet shopping site. Globalization and dispersion of innovation have sped up the presence of internet business organizations all through the world. Online sales are likewise acquiring prominence by which trading happens through to utilize utilizing the Internet.

For the past few 3 years the entire world has been revolving around the threats and challenges resulting from the effects of the virus named Covid-19 commonly called as ‘the Corona’. The pandemic had affected the lives of the individuals in many ways posing various challenges before them. Although the mankind is very fast adapting and accommodating with the technological advancements. One such measure utilized the most for accommodating the concerns of connectivity with the outside world is the use of Internet and online applications for trade, commerce, professional activities and personal outreach. The use of Internet has indeed made easier the life of people ensuring connectivity with the outside world during the phase of lockdown and isolation world over. But at the same time the over dependence on Internet and Online resources has introduced the issues such as abuse and misuse of personal data divulged during online activities and interactions thus pawing way for various kinds of cyber-crimes. This becomes even more significant an issue considering the fact that the Indian legislative framework is inadequately armed to deal with the issues such as Personal data protection or protection of Right to privacy in the cyber world. The over involvement of Internet and virtual space and the inefficient laws are the setbacks to the proper utilization of the such significant technological boons namely cyber space.

There are always reasons why someone commits a crime. Reasons are the foundational elements of psychology. When a person believes he has strong reasons to hide and commit a crime, such excuses are merely a reflection of that person's criminal psyche. and anytime the topic of what can be done to prevent or lessen the rising crime rate comes up. Criminal psychology is the study of offenders’ ideas and conduct. It provides a solution to the issue, “Why do criminals do what they do?” Criminal psychology has been glorified in television dramas such as Criminal Minds and CSI. As we all know, what we see on television does not necessarily mirror reality. The first step in reducing crime is to understand the criminal's psychology, because psychology develops from causes, and it is difficult to minimise crime until the reasons are understood. As a result, the criminal psychologist's role enters the picture. This article describes the character and job of a criminal psychologist in today's society, when crime is on the rise like never before. Everything has been thoroughly studied in this book, from the fundamental notions of criminal psychology to the obligations or activities that criminal psychologists must complete.

Litigation never creates harmony among the litigants. In an adversarial system, it is inevitable that one party will come out as a loser. This naturally breeds bitterness in the relationship between the parties. In contrast, a collaborative approach to solve the problems is the characteristic feature of Alternative Dispute Resolution Mechanisms. However the method to be chosen for resolution depends on the nature of the dispute and the mindset of the parties. If the parties are willing to come together to agree on a common goal, then mediation or conciliation can be opted as the alternative mechanism for dispute resolution. By virtue of the introduction of Section 89 into the Code of Civil Procedure, the court before which a matter is pending is empowered to refer the parties to any of the ADR methods after seeking their willingness. But if the parties want to settle the dispute judicially through a neutral third party of their choice which has the status of a decree of the court, then arbitration offers the better alternative. Arbitration is the process of resolving disputes between two or more parties by referring the same to an impartial third party whose decision is considered to be final and binding on them. Parliament enacted The Arbitration and Conciliation Act, 1996 to consolidate and amend the law relating to arbitration in India. The main objective of the Act was to promote dispute resolution through arbitration, and offer arbitration as a cost effective and speedy mechanism for dispute resolution. In this paper the author intends to convey the drawbacks in the implementation of the Arbitration and Conciliation Act and holds the view that radical changes are needed both in law and in practice in order to offer arbitration as an effective Alternative Dispute Resolution Mechanism.

Social justice is the signature tune of our Constitution which we can perceive in each and every provision of this sacred document. Despite the principles of constitutionalism enriching the goals to be achieved by the working of the Constitution, women are still seriously underrepresented in the decisions-making positions. Gender inequality in the legislative bodies challenges the path of achieving women empowerment galvanized by equality and non-discrimination proclaimed by our Constitution. The political empowerment of women is a social process crucial to development and progress. The status of women is measured internationally by the participation of women in politics and their empowerment. In India, the political participation of women isn't remarkable compared with men. Democracy, a government, that works on the elected representation by the people is working for than seven decades with awfully underrepresented women. This is often the case in most of the countries across the globe. However, women’s political participation now's quite encouraging compared to past times. nowadays it remains stronger than ever. To secure women’s rightful place in society and to enable them to decide their own destiny and for the growth of genuine and sustainable democracy, women’s participation in politics is essential. This will not only uplift their personality but will be helpful in a way to open the route for their social and economic empowerment. Their participation in public life will be helpful in solving many problems of society. Women’s participation in decision-making is essential for women’s interests to be incorporated into governance. Since women have different needs and perspectives on social and political issues, it is important to involve women in governments to incorporate all of the societal viewpoints in policy and decision-making processes thereby helping in the balanced working of the democracy

The World Trade Organisation’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement set worldwide least norms for the assurance of licensed innovation, considerably expanding and growing licensed innovation privileges, and produced clear gains for the drug business and the created world. The current audit explains all parts of Intellectual Property Rights exhaustively, alongside their assurance rules. These privileges are granted by the State and are imposing business model freedoms, suggesting that nobody can utilize these privileges without the assent of the right holder. It is vital to realize that these privileges must be restored every once in a while for keeping them in force, besides in the event of copyright and proprietary innovations. Dissimilar to other moveable and immoveable properties, these freedoms can be all the while held in numerous nations simultaneously. IPR can be held exclusively by lawful elements, for example the people who reserve the privilege to sell and buy property. It gives strategic advantage on the marketplace and shields from programmers and privateers. India is quickly developing economy and advancement is becoming need for Indian firms and the public authority and for this IP is vital. With IPR you have the lawful right to file a civil case against any individual who utilizes your logo or invention and so on without your consent, you can allow an establishment or give copyright of your work to somebody and get eminences over it.

Consumer is the king. The interest of the consumer is to be kept at forefront and his rights are required to be protected. With the advent of the information technology, the internet world has evolved tremendously. It continuous to have become a space for trade and commerce, which has led to the development of E-Commerce, that is buying and selling of goods and services over the internet. However, with the presence of the concept of ‘caveat emptor’, that is “let the buyer beware”, the position of consumers become all the more vulnerable. The sellers can easily cheat or do fraud with the buyers and buyers/consumers are left helpless and without any remedy. Keeping this in mind, Indian Parliament enacted the Consumer Protection Act, 1986 that provided for the protection of interest of consumers. Although, prior to the enactment of Consumer Protection Act, 1986, there were certain provisions in the general laws that dealt with interest of the consumers such as Law of Torts, Indian Contract Act, 1872, Sale of Goods Act 1930, The Dangerous Drugs Act, 1930, Agricultural Produce Act ( Grading and Marketing) Act 1937, The Prevention of Food Adulteration Act 1954, The Drugs and Cosmetics Act 1940, The Essential Commodities Act 1955, The Hire and Purchase Act 1972, The Patents Act, 1970, The Trademarks Act 1999 etc. These enactments were enacted to protect the interest of consumers and attracted a civil liability for contravention. This shows that consumer had no other option but to file a civil suit action which is a lengthy and cumbersome process leading to be expensive and time consuming for the consumers. To provide a solution for this, the Consumer Protection Act 2019 came to be enacted along with E- Commerce Rules, 2020 to help consumers in the cyberspace. However, the cyberspace has led to major concerns such as online identity theft, data privacy, website fraud, delay in refunds etc. Therefore, this paper has analysed the E- Commerce Rules, 2020 and discussed some of the key-terms related to E-Commerce.

Indigenous people can be considered as a group that has been present for generations in a particular geographical area with cultural and historical links. They can be considered as first people and there is a relationship that exists between them and the area that they reside in. The people can also be considered as the guardians of the land they reside in. This paper focuses on the indigenous people residing in forests and can be considered as the best guardians of the forest. The rates of deforestation have also reduced specifically in areas of the forest they are located. The forest authorities and the government must ensure the areas of these people are unaffected for purely economic reasons. Once their lands are taken away, not only their place of residence is taken away, their identity and culture are affected too. To ensure these difficulties are not imposed upon them, forest management and indigenous people must come to a consensus regarding substantial measures taken. A collaborative relationship is required to maintain environmental stability and cultural preservation. This paper focuses on the legal provisions available for the protection of land rights and the possibility of collaborative planning between forest management and indigenous people.

Judiciary being an imperial and unalienable element of a civic society plays vital role in governance, administration and justice. The basic idea of constitutionalism functions in the veins of Indian judiciary, keeping alive the faith of people in supremacy of law. This spirit apparently developed with formation of our constitution. The essence of discussion in constituent assembly with regard to judicial system was well-furnished to attain independent judiciary. Judicial appointment is a crucial issue observed since long time. Evolution of judicial appointment methodology went through a though struggle of judicial observation in several case laws. This struggle was duly paid off by the development of collegium system. The research includes elucidated knowledge about judicial appointment from all point of views and recommend some crucial issues to be addressed.

In the words of Bentham, “Witnesses are the eyes and ears of justice”. But today, it is just any other sayings said by some great men, for now the words witness and justice don’t rest together. In the present times where justice is tainted with weak or rather scanty law enforcement mechanism, tedious State procedures and organized crime groups, witnesses are left with nothing less of a harassment, abuse and hostility. Even though the need for identifying witness protection has been earlier identified, heard and attempted to be addressed by the legislatures and judiciary, yet the concept remains fragile in implementation till date. Starting from the fact that the term ‘witness’ is not even defined in the Code of Civil Procedure, 1973 or The Indian Penal Code, 1860, there is dearth in witness protection mechanism in India. Witness intimidation, witness hostility, delay in justice administration and sometimes lack of adjudication of justice at all, is a vicious circle that has grappled the law and justice from roots since ages. This research article intends to highlight the grim position of witnesses in the hands of accused, unruly police department and intricate court procedures. The legislative developments from Law Commission Report of 2001, to Malimath Committee on Reforms of Criminal Justice System of 2003 to witness protection amendments in the Penal Code in 2006, and many other allied Acts, there still lies a long way ahead to achieve a meaningful witness protection mechanism in the country.

The degree of success that governments may accomplish on the criminal justice front is determined by the rule of law, democracy, development, and human rights of its citizens. The goals of criminal justice are to prevent and regulate crime, to maintain public order and peace, to safeguard the rights of victims and those in dispute with the law, to punish and rehabilitate those found guilty of crimes, and to generally protect life and property from crime and criminality. It is considered the state's major responsibility under the Indian constitution. The paper highlights the various levels that are present in the Indian criminal justice system and various issues that are existing in the same. Additionally, the paper mentions about the various reasons that lead to the crime and various groups that face such crime. Further the paper highlights the recommendations and suggestions that can be incorporated in order to curb the existing lacuna in the criminal justice system.

The author through this article tries to analyze the hardships faced by the people belonging to the LGBT people right from their birth till they take their last breath. The problem lies in the very mindset of society which have never ever given acceptance to the members of LGBT community and always considered them belonging to a different world thereby ostracizing them. Despite there have been recognized in all the comparative constitutional democracies of the world Right to personal autonomy choosing sexual orientation, as a Fundamental Right ,many national and international laws for the protection of LGBT and Global conventions being held to support this cause, still the incidences of flagrant violation of LGBT rights and discrimination against them is widely prevalent. The discrimination, the humility and the denigrating treatment meted out to the LGBT people needs really serious thought and efforts. Through this paper, a small effort is made to have an insight into the sorrowful plight of the whole LGBT community, suffering since ages for no fault of theirs. Also, the author tried to put forth some suggestions that may be of some help in contributing towards ending this long prevailing discrimination and humility.

Criminal justice system of country is solely contributed with strength & power to put into practice laws not in favour of brutality, to complete a criminal examination, to capture and confine the offenders and to give equity to the crime. There are many cases where we can find that there is a difference between "female and male criminals". Equal opportunities are the most ardent issues in today's society and the most important concern are human rights issue, which have an effect on women in particular, play a critical role in maintain harmony and wealth in society. Gender justice means that there should not be any discrimination in administering justice on the origin of sex. The process of delivering justice to woman in certain cases is par slow. The whole process is followed from lodging FIR to judgment and many years past in the completion of this process but women are unable to get justice for e.g- Nirbhaya case, even after passage of such a long period justice is not delivered to nirbhaya despite such heinous crime against her. Some women are uneducated and they have no knowledge about the particular rights they have. There are set of victim in the classification

India, being a secular state provides equal protection to all the religions. India is the most diverse country with respect to religion. Being a secular country it does not have its own religion and every citizen has the right to choose, practice, propagate and even change his or her religion. Clause (1) of the Article 25 of Indian constitution guarantees to all persons the right to freedom of conscience and right freely to profess, practice and propagate religion. However, these rights are not absolute but subject to certain restriction such as public order, morality, public health and to the other provisions of the constitution, can be imposed on religious practices. No person in the name of religion can do any act that is opposed to the public policy or creating any kind of disturbance or intolerance among the people of India. Apart from the chapter XV (section 295 to 298 and section 153-A, 153-B and section 505(2) of Indian penal code 1860, respectively provides the punishments for religious offences such as trespassing and defiling on worship places, disturbance of religious ceremony, spreading the enmity between different classes, affecting the unity and integrity of the country and statement creating or promoting enmity, hatred or ill-will between classes etc. The unity and integrity of the country cannot be ignored under the guise of religious freedom. In this research paper, the author has analyzed the constitutional mandate on religious freedom and tried to point out the political abuse of such freedom as well as some suggestions to paramount consideration of religious freedom.

A contract of indemnification can be considered in the same way as the promise of indemnity, which is one element of a contract with a considerably broader subject matter. When it comes to defining what an indemnity implies under Indian law, Section 124 of the 1872 Indian Contract Act only focuses on one sort of reimbursement and utterly refuses to coordinate what the judge should focus on circumstances where diverse types of indemnities, such as those originating from events, such as disasters, fail to contain the implicit form of indemnity. According to Indian law, the promisee cannot claim indemnification until he or she has not suffered any of the damages specified. This is contrary to the essential assumption of indemnification, which is that the promisee can only seek indemnification once the contract has been breached. An inability to reimburse for losses on one's own creates an enormous difficulty for the judiciary, as well as for the promisee, who is unable to do so on his or her own. This has led to confusion in the legal system, because of the disparity between the contract for indemnification and the promise to indemnify.

A plethora of studies examining the plight of sex-workers have been undertaken in the past. Most of the academic discourses on the subject of sex-work have been from different quarters advocating for legalization of sex-work, catering to the rights of the children of sex-workers, their health concerns and standard of living. The present research explores the plight of the sex-workers in the post COVID-19 pandemic. COVID-19 pandemic generated, broadly two categories of discourses within the discipline of humanities and social sciences, one on examining the vulnerabilities of certain sections of population, like the migrant workers, small and mid-level businesspersons, students, medical personnel et.al. and two on emergence of newer kinds of phenomenon like increase in cases of domestic violence, rising mental health concerns, debilitating medical infrastructure, challenges in the field of education et.al. However, not much is known about the plight of sex-workers in India during and in the aftermath of the pandemic. This paper examines their concerns not just in the light of the COVID induced lockdown which had abruptly halted all source of livelihood for them, but also attempts towards developing strategies to address the peculiar nature of challenges that are bound to surround sex-work in the aftermath of the Pandemic.

Intellectual property and especially copyright system has undergone various developments mirroring the changes in the society. One of the major objectives of the copyright system is to achieve an optimum balance between knowledge creation and dissemination. Maintenance of the balance is especially important for maintenance of the health of the copyright system. Society will only advance when there is an appropriate and continuous flow into the knowledge pool of the society, which replenishes and rejuvenates with fresh inflow of ideas. This maintenance of the balance is achieved through the use of policy tools and law and especially through the formulation of certain standards. These certain common threads and standards may be identified to be running through the copyright system of every nation and are drawn from the philosophical underpinnings of the system. This paper has attempted to analyze those underpinnings thus providing a basis of the copyright system and providing the basis for the functions it fulfills in the society

A woman is always to be the backbone of any society. She plays the role of strength for any man. But with the passing of time they are not in the position of getting the situation that they deserve. At present they are victims of cruelty, Harassment, Dowry’s death, and Sexual Assault, and there are lots of things that they are suffering from. This article talks about the crime against women which exists in a society like cruelty by her in-laws, Domestic violence, Sexual Assault, and denial of maintenance.

Code of Civil Procedure 1908 or CPC, 1908 is even though a procedural code, it deals with certain substantive rights. This research presents a detailed study into such civil rights covered and governed by CPC through decided case laws. S.9 of CPC is particularly relevant in this context. Here, Part I deals with case laws deciding the scope of ‘suits civil in nature’ and thereby recognizing certain civil rights of citizens under CPC. Part II outlines the conditions under which civil courts are empowered to deal with subject matter coming under the jurisdiction of specialized administrative tribunals followed by Conclusion and bibliography

Law may be defined only as a set of rules and regulation which control or govern the way in which the society works, however law is much more than this. There is always a requirement to preserve a balance between society and the individuals living in it so that they can coexist interdependently, which will, in turn, aid in bringing about social change. This is why a society needs control since there is always a necessity to keep this equilibrium. A society is a diverse community that is home to individuals of varying classes, creeds, colours, genders, and historical and cultural backgrounds. It is vital that there be no difference generated among these people regardless of the identities they bring to the table in order to bring about homogeneity, which is something that can only be accomplished through the topic of law. Change in society is something that every society and its people look forward to since an improvement in any aspect is always something that should be welcomed. The rule of law is an essential component in every movement toward social transformation. In a lawless society, there is no harmony or peace between the members of the community and among themselves. Thus, law proves to be an important tool for societal transformation.

Supreme Court has time and again reiterated that the right to life under Article 21 of the Constitution encompasses life with human dignity and liberty but the entire idea of society vitiates when a certain class of people based solely on caste are forced to accept menial degrading work to ensure their mere survival. Manual scavengers, the most neglected and harassed class, are the ones who are engaged in manually removing, carrying and handling night soil from dry latrines, sewers, septic tanks and pits. Manual scavenging from its emergence to its continuance has an obnoxious link with the existing caste system in India. Scavengers are treated as untouchables, have extremely limited livelihood options, live in acute poverty in segregated communities with a low level of literacy. Despite several legislations, policies and schemes in place, manual scavenging is still prevalent on a large scale. This paper deals with the issue of manual scavenging in India and analyses the legal framework and various judgments of the High Court and Supreme Court and attempts to understand why existing laws and policies fail to protect the scavengers. The paper further examines the challenges faced by scavenger communities and finally concludes by suggesting measures to eliminate the shameful practice.

The Insolvency and Bankruptcy Code, 2016 (the "Code”/ “IBC”) was enacted with the purpose of consolidating, bringing the concept of insolvency under one single piece of legislation, and establishing a single venue for insolvency settlement. The Code was also enacted as a result of prior legislation's failure. The Code's primary purpose is to resolve and revive industries, but if that isn't possible, it provides a way for creditors to be paid. In addition to this, the IBC aimed to bring about a paradigm change away from the idea of the debtor being in control and toward a process that was led by the creditors. When a debtor is unable to pay its debts, the Code becomes an operational tool for the creditors to guide them through the insolvency resolution process. It has provided the creditors their statutory rights and streamlined the manner to aid the debtor without destroying the creditors' benefits. The Code has been utilised by creditors as a means of recovery, and corporate borrowers have also been led astray by the creditors' recovery strategies out of concern that an insolvency petition will be admitted against the corporate debtors and the repercussions that will follow from this. The most recent events and decisions made by the Apex Authority, on the other hand, have had the consequence of putting the Operational Creditors in a disadvantageous position. In the event that a creditor's claim is contested, the operational creditors are forced to consider whether it is in their best interest to present the claim to the Resolution Professional or to proceed with the adjudicatory process that is being handled by the Judicial Bodies in light of the moratorium being lifted. This article makes an effort to study the recent judgments that have been handed down by the courts, as well as the mechanism in the Insolvency and Bankruptcy Code 2016, and it also makes an effort to put forward the present posture of operational creditors in accordance with the Code

The term “Subaltern” means “of lower rank or position.” As a result, they are considered to be subordinate in terms of position, power, authority, and action. In other terms, it implies to class, caste, gender, race, language, and culture are being subordinated. It also refers to those segments in society who are subject to dominance by the ruling classes. Peasants, laborers, and other groups have been denied access to hegemonic authority and hence are considered subalterns. Subalternity is a form that turns into an umbrella concept that increases the scope of research from various subaltern perspectives. The question in debate is whether it needs such an umbrella concept or should be narrowed down to certain resistances and domination in the historical present that lead to the existence of modern hegemony. The subalterns are those who are voiceless and aren’t heard on the global stage. Subaltern studies are considered a broadly influential academic movement whose main aim is to refocus history on the unique role of subalterns or marginalized people in bringing about a large-scale transformation in society. This research paper helps in understanding the lives of subalterns, their resistances in the past, and also in the modern times where their platform to question is on the global stage with an international dialect.

This article aimed at assessing the sad scenario of Indian judicial system, that has largely avoided the sacred concept of equality and favoured the discriminatory legislation that only favoured only one particular journey. The write-up focuses on how the most of the legislation, that have been framed lack the integrity of gender neutrality and have only focused on providing shield only to victims of one particular gender. The paper has employed various studies and case laws to assess the workings of the laws that prevail in India and how they have failed to provide protection for victims of false accusations. After thorough research, and study , the paper seeks to bring out the need for gender-neutral norms, regulations and laws in order to bring about the right balance in our society. It is also needed, to award justice to victims, in its true sense, to all.

It is an unfortunate and bitter truth that, even today, clothing continues to dictate the lives of women who continue to constantly fall prey to the frequent targets of religious restrictions across the world. Their clothing is recurrently presumed too religious or not religious enough across several countries. These constraints usually take the form of individual or group harassment, but they can also take the form of formal government acts. Recently, the Karnataka State Government's pre-university education department has issued a directive using Section 133(2) of the Karnataka Education Act, 1933, prohibiting any female Muslim student from wearing hijab at educational institutions within its jurisdiction. However, in spite of the extensive nationwide protests against the directive, little attention has been given to the intersectional dimension of the discrimination meted out against Muslim women in particular. This paper aims to analyse the Hijab Row through the lens of Intersectionality and the test of essentiality. Furthermore, and as a natural extension, it aims to critically analyse why the Hijab row is also a distinct case of indirect discrimination.

Noise pollution in the capital Dhaka is becoming increasingly serious, which is causing a stir. The entire capital city has now become the epicenter of noise pollution. This examination subject arrangements with the new issue, "Noise pollution in Bangladesh", where the object of this exploration paper is to figure out the reasons and unfortunate result of such noise pollution around the city. Almost all areas of the city are experiencing several times more noise levels than acceptable levels. Noise pollution refers to the possibility of hearing loss due to the production of any noise beyond the limits of human or animal life. According to the World Health Organization's 1989 guidelines, the noise level for residential areas was 55 decibels, and for commercial areas 60 decibels. In 2016, it was recommended to limit the noise level to 53 decibels on the last road, which is not possible in any case. Long-term noise pollution increases the risk of hearing loss and deafness. Negativity, memory loss, creating stress in children. Stress is very serious for health. Stress is hindering the proper development of the child. As a result, there is a possibility of disability in society. To prevent noise pollution, the use of hydraulic horns in vehicles should be prohibited, horns should be blown everywhere, unplanned locations of factories, playing music at high volume should be avoided. Mentally handicapped nation is probably not desirable for anyone. Combined initiatives can only overcome this crisis. For this, specific recommendations have to be made by zoning the area according to the definition of rules and regulations. The country has had noise pollution control rules since 2006.All the people should be abide by the Noise Pollution Rules to prevent noise pollution and cooperate with the government and concerned authorities in coordinating.

The main purpose of listing of shares at stock exchanges is to provide for marketability to the shares of a company. In the case of Fresenius Kabi Oncology Ltd. v. SEBI (2013), allowed the company to delist its shares from the Indian stock market. SEBI challenged the order of the Tribunal allowing them to delist their shares in the Supreme Court. In this case, the due process of law and the required uniformity of law has been imposed. However, the Tribunal had allowed the SEBI to undergo investigation with regard to the investor complaints, it had allowed the company to delist its shares unconditionally. The delisting regulations are getting stringent over the years. From the onset of March, 2021, China renewed their Securities Law, due to which the two Chinese Exchanges have undergone strict restrictions in terms of financial standards. The shell companies have been targeted with this implementation.

India is advancing to the road of industrialisation. Economic growth is a fundamental requirement for the development of a country. A country’s economic growth depends upon industrial progress and an industry cannot progress without its workforce. Therefore, an industry needs to take care of health and safety of its workforce, so that they can work efficiently to contribute effectively to the industrial progress. This can only be possible by proper legislation. In India, codified legislation for the same has come a long way with the enactment of the Factories Act, 1948 which entails the provisions on these matters. When it comes to health and safety of the workmen, these issues can be said to be one of the major reasons for debate today in terms of their legislative strength and execution, as worker’s welfare is paramount consideration in smooth running and progress of any industrial system. The present research paper aims to critically evaluate the health and safety provisions provided in this legislation and examine their scope and framework by looking into their effective implementation in the factories.

With the passage of the time life style of an individual has changed drastically. This life style had a great impact on the health of the individual which led to the many issues related to the health; infertility is one of those problems that is increasing with time among the individual. For the couples who are facing the issue of Infertility, Surrogacy came as boon for them. It is the advancement in the technology that has surprised us that now a Child can be made outside the Human Body in the Labs. Technologies always come with the Legislative Backing as without proper law technology leads to the exploitation. India on 25 January, 2022 has passed two laws related to regulation of the Surrogacy Procedure i.e., Surrogacy (Regulation) Act, 2021 and Assisted Reproductive (Regulation) Act, 2021. Now, it can be proudly said that this process is not orphan any more. In the Surrogacy Procedure there are three main parties i.e. Intended Parents and Surrogate Mother that carry out the procedure of Surrogacy. Rights and Duties of these three parties are not expressly laid down in the Act instead one has to find the intention of the Legislature while interpreting the provisions and need to find their own privileges and responsibilities to perform.

In the recent past, many states have brought up laws which provide for reservation in employment to the local residents of those states. The government policies on the reservation have been undergoing changes with the continuous development of legislation and verdicts of the apex court. The scope has been widening with the passing years and it is not an anomaly to see reservations in not just the public but also the private sector. However, the constitutionality of such provisions can be challenged on different grounds in the Court. This paper seeks to discuss the reservation in the private sector by emphasizing a recently passed legislation in the state of Haryana.

The development of infrastructure in any country makes the land acquisition a necessary evil. It is imperative for any government to acquire land for developmental activity and this is done through the power vested in the government which finds legitimization through constitutional provisions or statutes. Different nations follow different practices however no practice can be called best practice. India’s land acquisition laws are plagued by defects which result in dissatisfaction amongst the land owners who are deprived of the land. This paper seeks to study the land acquisition practices of India and the UK comparatively and come up with suggestions to make the Indian land acquisition practices more considerate towards the interests of the landowners.

The seemingly endless violations of human rights, mass murders, and unspeakable violence were an unchanging notion of pessimism leading to the abolition of the AFSPA Act. the failed attempts by successive governments to bring about AFSPA had also angered the crowds across the country. there is speculation, that if nothing is done to stop the problem of AFSPA at the starting point, then it will be too late to change the consequences of AFSPA. This is because, in these areas (Assam, Nagaland, Manipur, Changlang longing and Tripura districts of Arunachal Pradesh) where AFSPA control the functioning, the armed forces have been accused of Allegedly using short-range distances of one, punishment of AFSPA is regarded as "draconian" and "colonial". This paper attempts to re-evaluate the controversy over AFSPA by putting whether AFSPA law is needed in our democratic country if it is or what is the benefit of it to our armed force? why does this law continue again after so many years of independence? I tried to evaluate this act from my perspective to what can you do to make the right way of policy to govern the northeast and that region where this action will apply.

History vocalizes that women were subjected to being property either of their father or husband. Whether the offence was rape or adultery the reasoning in legal precedents prescribed it to be a violation of stealing the property of someone else rather than treating it to be a violence of human/sexual rights and not bringing this crime to be defaming their honour. Article 14 of the Indian Constitution tends to guarantee equality to all citizens, yet there is a difference based on marital status with the victims of rape in terms of justice being provided to them, where the predators of such heinous acts are not given equal punishment or are not even given any punishment. This research paper focuses on the position of marital rape, a form of domestic violence, by looking into its history and its legal position across different cultures, nations, and perspectives. Often women perceived across the world that fulfilling a man's sexual desire in marriage is bound because it is their duty or else they would be a victim of physical violence. Since consent is paramount, this paper examines its appearance and evolution and explains that the institution of marriage is no free license to sex regardless of consent. Societal norms mixed with gender play a crucial role in the ongoing process of giving women equal representation for their right against such crime and with diverse opinions about it, the social acceptability of accepting it as a crime differs. Yet even if some states around the world have taken a step forward, it is to be seen that marital rape due to physical force, illegal threat, or societal pressure can lead to honour killing or other forms of violence against women. It is said that religious beliefs and social customs, merged with staggering illiteracy form an environment wherein marital rape cannot be criminalized seemingly because society isn’t prepared for it. The acceptance of the phenomenon that "once married, women’s perpetual consent is implied” is reassessed through this paper as it calling out and popularising the value of consent by saying that sex without consent is rape- whether the attacker is your spouse or not. The wave of feminism has started the conversation of letting the women to have the autonomy to make decisions regarding their bodies regardless of their relationship status and having a statute on marital rape that penalizes the guilty. Overall, this paper emphasizes the importance of consent by looking at different cultures and their social acceptability which may even lead to falling apart of marriages.

Technological advancement has brought a revolution in weapon systems to the extent that the requirement of human intervention and control is gradually fading. As the extent of machine autonomy is increasing, it becomes pertinent to assess the compatibility of such weapons with rules of International Humanitarian Law (hereinafter IHL). Granting complete autonomy to weapons would mean allowing them to make crucial decisions of life and death. Although machines are well equipped to make data analysis and perform mathematical calculations, making a distinction between civilians and combatants can be a challenging task for them in some situations. This distinction is inevitable for the compliance of two fundamental principles of IHL i.e. principle of distinction and proportionality. The present article assesses if autonomous weapons can be made compliant to the above-mentioned principles and what would be the challenges imposed by the use of such weapons. It provides some suggestions for rule making and finally concludes that at present it is important to keep a human being in loop and that complete autonomy to weapon systems can lead to catastrophic results.

The Right to Information Act 2005 was enacted by parliament to advance the constitutional right to know under Article 19 (1) a. The parliament gave and ensured the concrete shape to right to know. The Right to Information Act (RTI) impose duties upon all public authorities to provide information to all citizens and persons without discrimination. It has some exceptions that all information about the security and integrity of the nation, can’t be asked and such information is exempted from the purview of this act. But the present act of 2005 has many challenges so its objectives of enactment could not be achieved fully. The concept of good governance and transparency is the key point of the democratic system so every citizen of the nation must have proper access to public authorities in their decisions and orders to prevent corruption. Before the enactment of the Right to Information Act, there was no law in this regard but there was a tradition of fair information. To achieve fair policy implementation, It was considered to legislate the law, although Right to Information (RTI) is not a new concept and in ancient times during the Vedic period, Kautilya in his book Arthshastra elaborated on the traits of the king of a well-governed state in the happiness, in their welfare whatever pleases himself he does not consider as good but whatever pleases his subjects he considers as good. The openness theme is the basis of RTI. Before the enactment of the RTI Act 2005, the information-seeking right was guaranteed by article 19(1) A of the constitution similarly judiciary widely interpreted this article in the light of “Right to Know”. Apex Court of India laid down that freedom of speech and expression, means every citizen should have the right to avail information of proceeding of all government organs, and public authorities.

In legal terms, a contract is a legally binding agreement that establishes, defines and controls the rights and duties of the parties that enter into the contract. In the spirit of English Common Law, the Act was enacted. One of the most common elements of a contract is a commitment to transfer one of these things at some future time. Citizens of India are protected by the Indian Contract Act, which includes their contractual rights. It grants the contractual parties rights, responsibilities, and obligations to assist them effectively complete business, from routine transactions to documenting the enterprises of multi-national corporations. An Act of Parliament was passed on April 25, 1872, and went into effect on September 1, 1872, under the Indian Contract Act, 1872.Contracts are referred to in Section 2(h) as "agreements enforced by law." This definition relies heavily on the concepts of "agreement" and "enforceable by law," both of which are important terms. When something is legally enforceable, it indicates that a person who has been wronged may seek redress in court.

The entire issue is regarding the Politics in demolition of buildings or Bulldozer Justice. We are going to analyse the controversial aspect of this issue. We will understand what is Bulldozer Politics. What are the consequences? How does it affect the law and order in the country? And how does it affect the lives of common people? And why do some people love bulldozer politics? And what are the possible solutions to this? This entire controversy came in news recently when house of Javed Mohammed was demolished in Prayagraj, U.P. We will analyse the positive and negative aspect of this demolition and will try to find constitutionality of this act of UP Government. We will also see the legal aspect of this entire issue and what are the Supreme Court guidelines regarding this. We will analyse various discrepancies in how authorities in Uttar Pradesh have demolished the house of student activist Afrin Fatima and welfare party leader Javed Muhammad in Prayagraj. And at the end we will see what are the possible solutions to it.

This paper discusses the impact that the Global War on Terror campaign had on the international human rights system and how has the international community responded to this impact. It proceeds to analyse specifically India’s position on the same though its domestic laws, which have been a brainchild of measures adopted by the US during GWoT. This paper employs a tracing approach for the sake of clarity and structure by giving a brief overview of concepts of torture and WoT and then, examines the role of International Courts and human rights bodies in protecting Human Rights and their response to the trend of a flexible interpretation of torture prohibition introduced by WoT. In its latter segment, it reaches the conclusion that India has been heavily influenced by GWoT and continues to adopt torture as a counter-terrorism measure while denying its use. It is argued that India must ratify UNCAT, a special Convention on the prevention of torture, in accordance with its international obligations.

India has long been a trading nation, with precious goods such as spices, scents, valuable stones, jewellery, silks, muslins, and medicinal drugs etc. to offer the world since the Harppan era. The dockyard discovered in Lothal, Gujarat, gives unusually strong evidence of maritime commerce at the time. The Vedic economy valued both internal and exterior trade equally. Manufacturing activity was brisk throughout the Mauryan rule. The Mauryans had enacted rules and regulations on trade movement. The Kushanas made significant progress in the Indian trade and developed trading links with China, Rome, Sindhu, Sauvira, Kapisa, Gandharas, Puskalavati, Madhura, and Varansi. he Guptas not only expanded their eastern trade but also opened up western sea-borne trade, resulting in unparalleled economic success. The Pllas and Cholas established connections throughout southern India.Trade enhanced cultural interaction, resulting in the spread of ideas and cultural practices, notably in the fields of language, religion, and art.

The recognition of the Hindu Idol as a separate legal identity in Indian jurisprudence is examined. First, we explore the nature of a “Juristic Person” and the inherent conflict present between its Indian and Common law variants. After delving into the evolution of jurisprudence regarding the concept, we examine the idea of a shebait, that has remained absolutely central to the legal fiction of an idol as a fictitious person in the eyes of the law. We make the claim that the shebait serves the Sheba or the idol. The shebait owns a piece of the property outright. The property is owned by the idol, although certain natural persons have an interest over the property. While examining the nuances relating to taxing this idol, we take two questions as our central theme—whether a Hindu idol which is by virtue a representation of god can be taxed and how does the distinction between the two types of religious trusts i.e. private and public influence the process. That courts had to choose between fairness and rationality and because of the current state of the law, there may not be a way to harmonize the two we claim as our conclusion. However, in order to reconcile the future, Hindu practices or common law may have to give way.

It is very common for two different High Courts to have differentiated views on the interpretation or execution of the law. In this paper, the author will present the contrasting view of Delhi High Court and Kolkata High Court on the subject of “Anti-Arbitration injunction”. For the same purpose, the authors will provide case analysis of Bina Modi & Ors. v. Lalit Modi & Ors., and Balasore Alloys Ltd. v. Medima LLC.

The rise of technological innovation and advancement has reached new levels of progressive development. One hallmark of this development is drones. Drones, or unmanned aerial vehicles, are a legion of modern day technology which are capable of flying; and whose capabilities increase, with reduction in cost, by the day. Whether remotely controlled or via an application, they have the capability of reaching remote places, hence why they are being incorporated into various sectors. Globally, drones are used for security monitoring, checking borders, surveillance, and storm tracking. However, these advancements are not bereft of the possibilities of being misused and inflicting damage that they usher in with their introduction. The surveillance function of drones, raises some serious concerns about infringement of citizen’s fundamental right to privacy and warrantless search and seizure concerns in the course of conducting their duty and business respectively. To regulate on drone usage in India notified Drone Rules, 2021 which details out the application and registration process to be followed by the interested parties for the allotment of a Unique Identification Number (UIN) for operating a drone. Though the new Drone Rules, 2021 is a welcoming step in encouraging the usage of drones in the country, however, the rules fall short of addressing remedies to privacy harms. There is no mention of the privacy safeguards in the rules. The rules have clearly failed to provide and guarantee the right to privacy as it was held in the Puttaswamy judgment. These lacunae in the present Rules coupled with the conflicting interests of all stakeholders need to be harmonized to prevent excessive government and third party intrusions into an individual’s privacy.

Artificial Intelligence (AI) is a revolutionary concept in the 21st century and it has been developed a lot and day-by-day it is enhancing. AI is a computer program which is capable of creating a machine having its own intelligence and behaviour. In this fast-growing world, we can see a lot of involvement of AI like from going home to office (using Tesla cars which moves according to our command and we just have to set the destination and it will take us to there and we don’t even require touch the steering of car) or from going Earth to Mars or Moon (Rockets using advance level of AI or robots and rovers which are send by scientists in order to explore our endless universe), the population of world is covered with the AI and robots, either we see Alexa in our home or a huge number of Satellites in space. Years back people couldn’t even imagine a self-driving car (Tesla) or our mobiles talking to us (Google Assistant) but now a small kid of 6 years knows how to know anything by saying just “Hey Google”. AI is now being involved in different dimensions and fields of society and one of these areas is Law. AI does not mean only robots but algorithms and programmes that helps to do calculated tasks. AI can be used in any field efficiently and AI working in the field of law would help the judiciary system to a great extent. COVID-19 brought a trigger point to use AI in judiciary as Advocates and judges were not able to go to courts and do their jobs so Supreme Court of India ordered to commence the Virtual Hearing, which means cases would be heard online through virtual meetings. Not only virtual hearing but also some AI programs like SUVAS (Supreme Court Vidhik Anuvaad), it is an AI which translates the judgements into regional languages like: changing the language from English to Marathi, Hindi, Tamil, Telugu, Kanada, Punjabi, Gujarati, Malayalam and Bengali. At the end, it can easily be concluded that AI is the future of law and not only in the field of law but also it the future of the world. Robots, Humanoids, Artificial Intelligence will shape the worlds and is the face of future technology. But with every new invention new problems also arise like if we particularly stick to the law then right now there are no rules or regulations to govern the robots and AI so what if robots commit some offence then who’ll be held responsible the owner or the creator? Many other question arises like what if robots invents something then on whose name the patent will be filed on the name of creator/owner or the robot itself? The answers will come soon with time but till then we have to accept the change and try to adapt the future technology.

Rape is not merely a physical assault it is often destructive of the whole personality of the victim. A rapist not only violates the victim’s privacy and personal integrity but inevitably causes serious psychological as well as physical harm in the process. A murderer destroys the physical body of the victim; a rapist degrades the very soul of the helpless female. Rape is not only a crime against the person of a woman. It is crime against the entire society. Rape destroys the entire psychology of a woman and pushes her into deep emotional crises. The victim is looked down on in derision and contempt. The statistical studies reveal the streak reality of the women in Indian society. Women are assigned an inferior status made to live in ultra misery, subjugation and subservience. The existential -crises clubbed with cultural factors like immersing women in obscurantist and superstitious beliefs, rotten and worn-out traditions and religious practices are the main reasons responsible for the plague of rape in India. Respect for womanhood in our country is on the decline and cases of molestation and rape are steadily growing. Decency and morality in public and social life can be protected only if courts deal strictly with those who violate the social norms.

Gift refers to something freely offered to someone without compensation. There is no differentiation between personal and real property in Islamic law. Many experts interpret Hiba in Muslim law as an absolute and unconditional transfer of ownership in an existing property made immediately and without stipulation. Gifts are also known as "Hiba '' in Mohammedan law. Hiba refers to the manner in which property is transferred under the veil of gift. The definition of "gift" in Section 122 of the Transfer of Property Act is the willing and unremunerated transference of any existing real estate, be it mobile or immovable, from one person to another, the donor to the donee, and the acceptance of the donee or someone acting on their behalf. It is crucial that property is transferred voluntarily, and that it is done so without coercion or any outside influences. Inter vivos gifts or genuine presents are covered by this section. Under the aforementioned paragraph, property may be either movable or immovable, but it must be of a quantifiable kind. A physical asset must be present for it to qualify as a legal "gift" under Mohammedan law. The donation may be revoked up until it is finished. In other words, even if all of the conditions for the contributions are met, the donor has the authority to revoke the offer. The definition of the terms "gift" and "the topic" has long been a well-recognised subject that has grown to a distinctive area of property law. The "gift" provision of the Property Act, how it differs from Mohammedan law, and its ramifications are fundamental topic of this research paper. While the process for enforcing a gift under the Transfer of Property Act is extensive, it is fairly straightforward under Muslim law (Hiba).

The role of forensic intelligence begins with the investigation section. It analyzes the evidence gathered at the crime scene and establishes information acceptable to the court. The main objectives of this paper are to understand forensic intelligence in crime analysis, especially under the law of evidence and to explain the judicial development of the role of forensic intelligence in crime analysis. The paper contains laws relating to forensic intelligence, judgments regarding forensic intelligence in crime analysis, so the paper is relying on the secondary sources of data. The research comes to conclusion by believing that forensic intelligence is a very important and a useful tool in proving guilty or innocent. However, due to non-availability of proper technologies in our country, it’s becoming a flaw.

A number of interconnected factors bind law and economics together. Privatized law benefits people and organisations that are prepared to engage in agreements in a free market; public law, on the other hand, seeks to offset the negative consequences of a free market system by economic and social regulation and intervention. Applied in the field of Law & Economics, positive economic analysis is employed in an effort to explain the actions of lawmakers and other government officials such as prosecutors, judges, bureaucrats, and other government workers. The concept of rational choice, which underpins much of contemporary economics, has shown to be quite beneficial in understanding how individuals behave when confronted with a variety of legal limitations. Companies are basically recognised as “entities” in the eyes of the law, capable of acquiring and exercising certain rights in the jurisdiction in which they are registered. Companies are run by Managers and hence management is closely interconnected with law.Firms and laws have a symbiotic relationship in the impact of that law on how firms are created, as well as their rights and how they do business after they have been established. This article provides a brief analysis of the relationship between law, economics, and management.