Volume V - Issue IV / 2022

This is a case study of In the Matter of Manitex International, Inc., an administrative cease-and-desist proceeding conducted by the U.S. Securities and Exchange Commission (SEC) on September 29, 2020. The specific issues covered in this case include (a) the elements of several types of securities fraud according to U.S. federal law; (b) how corporate officers of Manitex carried out two fraud schemes over several years resulting in the pilferage of inventory and the use of “bill and hold”(b&h) sales to overstate revenue; (c) what is meant by a b&h sale; (d) the legal requirements which would justify the inclusion of b&h sales in the revenue of a company; (e) why a b&h sale to a related party deserves special scrutiny; (f) the legal duty of corporate officers of an issuer to maintain a system of effective financial reporting and internal accounting controls; (f) whether corporate officer defendants are required to have accounting expertise to be held liable for securities fraud; (g) whether a restatement of financial statements is ample justification for disgorgement of a corporate officer’s bonus; and (h) implications for auditors emanating from this case.

A defendant that raises a defence of Alibi has the evidential burden to prove where he was at the time of the crime which is the subject matter of the charge or information. It is critical that the defendant at the earliest opportunity gives particulars of the Alibi to the police so that they can investigate. To what extent is the suspect/defendant required to supply particulars? What constitutes particulars? Are there circumstances when the requirement for particulars will be said to be complied with even though the suspect in his extra judicial statement did not apparently make a ‘full disclosure’? The nature and extent of particulars to be given by the suspect/defendant is examined in view of several decisions of courts and the recent decision of the Supreme Court on the evidential burden on the defendant who raises a defence of Alibi. A comparative study of other jurisdictions is undertaken to see if there are advancement in this area of criminal litigation. This is the subject of the decision of the Supreme Court in the case of Abubakar Sale v State (2016) 3 NWLR (Pt. 1499) 392 under review.

In increasingly competitive markets, retaining current customers and gaining new ones is the main goal of companies. Companies choose different ways to get customers and profits. One strategy that companies should adopt is loyalty. The importance of service quality in service industries is inevitable and the relationships between service quality, customer satisfaction and customer loyalty have been studied by many researchers. The main objective of this review article is to review some selective studies that have been conducted by academics on the relationship between service quality, customer satisfaction and customer loyalty in different service industries in different countries. The conclusions of this scientific review article indicate information about each study reviewed and what can be found there and how can help. It is worth mentioning that this article will be beneficial for academics and individuals who wish to start research on this era of research which is a considerable relationship between quality of service, customer satisfaction and customer loyalty.

Gender biases had been the typical attitude of the patriarchal Indian society since time immemorial. The Vedas contained passages which emphasized the necessity of a son. 'May you be the mother of a hundred sons has always been a popular blessing by elders to young brides. It is indeed an undeniable fact that despite differences in social and intellectual status, almost all the sections of society do stand on the same platform so far as their craving for a male child is concerned. On the other hand, daughters are unwanted, they are considered burdensome and people who do not dare to carry this 'burden' for long dispose of them as quickly as possible, for in Incredible India, 'killing of the girl child is no sin.'Attitude has to change drastically against women in order to ensure that no violence against them takes place. They have to be treated with equality and respect. The laws have to be implemented effectively and stringent action should be taken against violators or perpetrators of violence against women. The education of women is the foremost priority of today’s parents. By educating women we help families and not only women. A two-pronged strategy can be adopted. First, men have to change their attitudes so that women have enough space to develop themselves. Secondly, women themselves have to unite and spread consciousness which will help in real social development.

The Indian corporate sector was severely hit by the pandemic. The system of governance changed suddenly. From daily office trips to work from Home Model to a Hybrid structure of working. Each mode of working has its advantage and a fair share of drawbacks. This brings us to the most important question and that is how can one increase corporate performance in the wake of different ESG parameters considering the deadlocks and hurdles created by Covid 19. This situation was worsened by the onset of the pandemic, and 2 massive lockdowns made the situation more critical. Around 4.5 billion dollars worth of losses were reported by the SME sector, which is the key driver and force behind India’s GDP. This problem is made more complex when people start moving back to villages from cities, which makes them the potential carriers of the virus, risking the spread of the virus from cities to villages. Health structure cannot take that much load. All these issues when coupled with retrenchment and lay off by small enterprises give a cocktail of problems which need to be tackled. COVID-19 has taught us that data can be crucial and helps us fight any experiences in the future. To get back to the pre-covid level, corporations need to analyze their working strengths pre-covid and now. Time limits also have to be analyzed, considering the various extra regulatory approvals required after COVID-19.

The article aims to explore the scope of the unorganised service sector by delimitation of the sector itself, after an empirical investigation of 41 children in the urban areas of Dehradun, Uttarakhand. As per census 2011, state wise details of working children in age group of 5-14 years shows 28098 children working in Uttarakhand. The data also reflects an increase in the ratio of child labour in the unorganised service sector. The research design is exploratory in nature. It aims to investigate the variables which influence their nature of exploitation in the sector. After a careful and detailed investigation, it aims to provide the gaps in the legislation and processes of the child labour in the unorganised sector.

The aim of this article is to kernel the convoluted structure of the society which alienates the sex workers of India of their basic amenities, rights and privileges to which they ought to be entitled as per the principles of natural justice and humanity. The Indian Constitution in itself entitles individuals with dignity, the right to practice their profession and the right to equality. The stigmatization of sex work as a profession in India has made it repugnant for the communities indulged in such practices to prosper in society. The condescending nature of the approach obliterates their integration into a society which thereby deprives them of their basic rights. When society fails to develop, we expect the law to provide a sentinel to shield the marginalised from the atrocities. The beleaguered term of the realm where we have established a post-modern society is that at times, we fail to get backing from the law. It is the phase where we find ourselves to be hapless. Such is the case with sex workers working in India. Expounding to the latest developments, the post-modern democracy of India direly requires legitimacy of sex work as a profession and the sex workers working in India ought to be guaranteed dignity.

The history of various civil societies at different stages underlines the central role that property rights have played in promoting their socio-economic and political development. A human being is a social animal. He performs a moral duty to enrich society through his creative ideas, works, inventions and writings etc. These views are public in their nature, but private property. It has been recognized as a man's natural right from the beginning. But gradually, it acquired the status of legal rights and came to be known as industrial property, such as patents, trademarks, and designs, etc. All types of industrial property that are considered to be negative rights prevent the appropriation of personal property. With the passage of time, these rights are, now, known as "intellectual property" and include copyright, design of integrated circuits, geographical indications and trade secrets or patents of traditional rights, design and trademarks. Thus, copyright is a newly emerging "statutory right relating to printing, music, communication, entertainment, and computers, etc. The primary purpose of the Copyright Act is to protect the interests of the author.

A CIF contract denotes that the seller is responsible for the delivery of the documents that accompanies the goods. It implies that the buyer is responsible to make the payments concerning the cost, insurance, and freight and whereas the seller is required to plan in organizing them. This article explores the compatibility of a CIF arrangement against the provisions of the Sale of Goods Ordinance No. 11 of 1896.

This paper outlines the comparative history and experience of two great constitutions in the world, those belonging to the Republic of India and the United States of America. Through contextual analysis, looking at the different histories, political and personal values, the paper seeks to examine the powers to amend the constitution in action and determine what makes the US constitution one of the most “rigid” and the Indian constitution oe of the most “flexible” constitutions in the world

Women all over the world play the essential role of primary land managers and resource users. They have proven their caliber to make relevant contributions in ecological conservation by taking numerable initiatives. Yet, they continue to experience substantial disadvantages from both biodiversity loss and gender-blind conservation initiatives . Women must be equally and actively included in procedures involving conservation and sustainable use of biodiversity. Women, for instance, are increasingly carrying on the managerial role in small-scale agriculture in most nations. However, they do not have an effective say in land utilization policies or equal access to key resources. Moreover, loss of biodiversity too, places an unfair cost on women by extending the time to gather essential resources. This limits the amount of time that can be devoted to other activities that help women educate better and generate more income. Alongside fairness, supporting women's full participation in biodiversity initiatives is crucial to the long-term viability of biodiversity conservation and sustainability programs. These initiatives risk disregarding the core causes of biodiversity loss, as well as possible remedies. They may also result in the promotion of gender inequities without the participation of women.

Section 128 of the Indian Contract Act, 1872 deals with the contract of guarantee. As per Section 128 of the ICA, “The liability of the surety is coextensive with that of the principal debtor unless the contract otherwise provides it.” Part III of the Insolvency and Bankruptcy Code, 2016 (“IBC”) encompasses the provision related to the personal guarantor. However, there have been various ambiguities with regard to the liability of personal guarantors under the IBC which arose in the landmark cases like State of Bank v. V. Ramakrishnan and Another and Piramal judgement. Recently, Ministry of Corporate Affairs vide its amendment dated 15.11.2019 made the Part III of the Code to the personal guarantor of the corporate debtor. Through this Amendment, sub-sections (e), (f) and (g) were inserted in Section 2 of the Code. Section 2 provides the categorization of entities on whom the Code will be applicable. Section 2(e) of the Code provides that the code shall apply to personal guarantors to corporate debtors, thereby excluding such personal guarantors from the ambit of individuals, which are provided under Section 2(g). Many petitions were filed before the High court challenging the validity of the said amendment under Article 32 of the constitution on the grounds that it was violative of Section 1(3) of the Code as it restricted the applicability of the provisions of the Code to the specific category of persons, which is personal guarantor to the corporate debtor. A similar question got arose recently in the case of Lalit Kumar v. Union of India, in which the Supreme Court had finally adjudicated all the objections with the regard to the liability and initiation of CIRP against the personal guarantors. The researcher in this paper will try to analyse all the possible issues that arose after the amendment was passed and the decision of Supreme Court on those issues in the case of Lalit Kumar.

I would try to point out in this paper how the media depict the issue faced by vulnerable groups in Indian society and what improvements are recorded by the media for disability, and how it has influenced public perceptions towards disabled people or how disabled groups are excluded and discriminated against in India through the media. This analysis is both qualitative and explanatory and is focused on theoretical discussion. The paper is entirely written on the basis of secondary sources. The oppressed community within society, subjugated by a hegemonic social system, is simply understood by people with disabilities. At different times and locations, various words have been used by people with disabilities. In influencing the public view of disability, the representation of disabled persons in the media plays a major role. Perceptions expressed in the media directly impact the way people with disabilities in today's culture are viewed.

Environment social responsibility is the responsibility assigned to the companies to take care of environment while carrying out their business activities. Looking into the environmental crisis especially due to pollution in the present time and the pressure of sustainability goals it has become mandatory for all the companies involved in several types of business activities to ensure the use of environment in a constructive manner. In this context the issue of human rights is also included as now environment and its causes are related to human health and sustainable use for coming future generations. This paper looks into the Constitutional guarantee of environmental right as human rights and the responsibilities of companies towards environment through various laws in India.

Any living organism's DNA, also known as Deoxyribonucleic Acid, is one of the most fundamental building components of the body. Molecular blueprints called DNA can be found in many kinds of organisms that we come into contact with on a daily basis. Genes are encoded in DNA, which is found in all cells regardless of type, species, or genus. To put it another way, it serves as a blueprint for the organism's growth and development. All individuals save identical twins can be uniquely recognised by the analysis of their DNA.As one illustration of how far technology has transformed the scenario of delivering justice in today's criminal justice landscape, we can look to the usage of DNA evidence. As a result, the recent years have seen a lot of attention paid to DNA because of its ability to distinguish between individuals and give justice so that the innocent is not convicted but is exonerated. There isn't any specific legislation governing the use of DNA technology in criminal investigations, thus different legislative provisions examine and enact diverse perspectives and methods on the use of DNA technology in criminal investigations and its evidentiary value in a court of law during a free and fair trial. Because of the DNA's outstanding effectiveness as a kind of evidence, which has been recognised by myriad of Indian judicial decisions, in 2018, the DNA Regulation Bill, 2018 was presented to the Lok Sabha. It governed the use of DNA for identification and other purposes in civil and criminal cases. However, the Bill has not yet been enacted by the legislature. Through this research paper, Author's objective is to demonstrate the importance of DNA evidence in the Indian legal system. In addition, the author shall evaluate the DNA Regulation Bill, 2018's drawbacks and advantages.

The term "tort" comes from the Latin word "tortum," which literally means "to twist." It refers to twisted, deformed, or illegal behaviour, as well as behaviour that is not straight. The tort law that is currently used in India is based on English law that has been adapted to Indian situations and amended by Indian legislative acts. Its beginnings may be traced back to the creation of British courts in India. The harm that is caused willingly does not establish a legal injury and therefore is not actionable. This notion is encapsulated in the maxim volenti non fit injuria, which directly translates to "anything which a man consents to cannot be reported of as an injury." The theory is only applicable to the risk that a reasonable person would have accepted as a result of his or her activities. Voluntary harm does not create a legal injury and is thus not actionable. A right that has been freely relinquished cannot be enforced. In this paper, the researcher will be discussing the application of maxim at different places during covid – 19. Furthermore, it also emphasises the various elements of this maxim, its limitations, and its impact on laws with different interpretations through each case law. In tort law, the defence of volenti non-fit injuria is one that has a restricted scope. At times, the defendant's carelessness may preclude the employment of the defence of volenti non-fit injuria. Other times, the extent of the defence is constrained by other limits outlined earlier in the article. Lastly, this paper suggests the wider clarification on the assent of knowledge in this maxim.

Media is the fourth pillar of democracy and is supposed to keep the other democratic institutions in check. But recently, in many democracies, especially India, it has been observed that media tries to sensationalise topics and pieces by defaming people and delving into their personal lives, violating their Right to Privacy, and Right to Liberty, which are guaranteed by the Constitution of India. A question that therefore emerges is whether media is a bane or a boon for the democratic society.

The 2016 Code is a significant step toward providing overarching legislation for the rules connected to Insolvency Laws in India. The 2016 Code aim is to increase foreign direct investment in India by raising the country's rating and score on the Ease of Doing Business Index. It ensures a mechanism that is restricted by time and is also economical for a system of recovering debts. The Corporate Insolvency Resolution Process is a paradigm for insolvency resolution under the control of creditors. The Code provides relief to the creditors but also keeps in mind the interest of the company as well. Despite India's severe infrastructure crises, it seeks to build institutions like the NCLT, NCLAT, and the Insolvency and Bankruptcy Board of India. The Insolvency and Bankruptcy Code has endured several amendments and the landmark judicial pronouncements to make it more efficient and effective.

Social media need to be regulated with some rules and regulations. Nowadays, Cybercrimes has been increased enormously in society. People’s right to privacy is being violated, and most of the personal information that belongs to the people is being disclosed anonymously. Many cases have been filed in the court of law regarding this matter. Things are happening because of the rules that are not strictly implemented. This paper outlines a few things, such as its significance and the need to implement rules and regulations which ought to be implemented to lessen Cybercrimes and which amount to protecting people's privacy.

After long years, and unending debates, the term ‘sedition’ is again at the epicentre of legal discussions all over the country and yes, there’s a reason behind that. It was way back in the year 1972, when the issue of sedition had garnered the headlines of top newspapers, for the first time. Whether it’s constitutional or not, was to be decided later, but this discourse has an unending history. Kedarnath, the case where sedition found its first big test, the constitutional validity test. After those long unending continuous debates and discussions, its again the hot topic. Why after around half a century of Kedarnath, this controversial provision of Indian criminal manual is again under switch light. In this Article, the decisions of Indian courts (various High Courts and the Supreme Court) that have governed the said state of affairs in relation to the sedition law in India since the 20th century are being discussed.

A set narrative is that in almost all criminal legislation, “mens rea” is necessary to hold criminal liability for the offence but there are some circumstances where it is not, and courts examine those cases under the impression of strict criminal liability. The present paper talks about the total immunity from criminal liability to the accused as provided in section 84 of IPC. If the accused satisfy the essential requirements of said section, then he will be able to take the benefit of the immunity provided by this provision. The very objective of these provisions is that a mad man is already facing the punishment of his own unsoundness of mind. There are some precedential situations in which the accused person can take the benefit from the general exception of section 84 of IPC. Many precedential catenae of cases are there in which the accused may be classified as suffering from medical insanity or legal insanity. But the court is merely concerned with the legal insanity and not medical. It is not necessary that in all these cases accused will be entitled to derive the protection under section 84 of IPC. The core effort in this research paper is related to elucidating the situations in which an accused can take protection under section 84 of IPC. Further, merely unsoundness of mind also does not make the accused entitled to take the protection rather impugned insanity must be at the very moment of the occurrence of the offence.

India is a hierarchical society where different types of caste, class, and creeds where everybody assumes that their class is best in whole and every class have their own customs and ethical values where every member of class is considered as the preservers of the family’s honor, and their conduct reflects the family’s culture, family upbringings and ethics. This mentality of the Indian is so well entrenched that any attempt by anyone to breach the cultural or ethical norms of the community then it is strongly opposed by the family members or relatives in the sake of honour that leads to Honour killing. Honour killing can be termed as killing for Honour, a death is awarded to the men or women by their own family members such as parents or relatives for marrying against their will or marrying outside their caste or religion or marrying within the prohibited degree of relationship.

Rape is a violent crime that is widely regarded as the most terrible kind of sexual assault on the planet. Victims of rape suffer from psychological trauma in addition to physical traumas, which affects not only their lives but also the lives of those around them. In Bangladesh, rape has reached epidemic proportions. When any rape occurrence takes place, it is seen that the victim is subjected to far greater harassment than the perpetrators. They are socially oppressed in addition to being physically harmed. They are frequently denied justice because the perpetrator of the rape is not adequately punished. Victims are often reluctant to sue because of this culture of injustice and social stigma. The rate of rape has increased so substantially in the previous 20 years that it is now high time to pull the strings of rape. This article focuses on the barriers that prevent rape from being stopped, as well as proper recommendations for rape control, to help rape survivors adjust and reintegrate into society without trouble.

When a contract is dismissed, all responsibilities resulting from it are terminated. A contract is terminated when it is discharged. As a result, there are as many distinct types of discharge as there are methods to terminate a contractual commitment. When a contract is made with mutual agreement, it can also be discharged or cancelled through mutual agreement, according to the contract's terms.”The many methods for terminating a contract, as well as the consequences of each, are discussed in this study. It looks at how a contract may be completed by the parties consenting to it, what the grounds are for terminating a contract, what the methods are for terminating a contract, and how a contract can be terminated by agreement.

Our society has become prey to the offence of sexual offence to an extent where coming across multiple rape cases on a daily basis is mundane. Unfortunately, this deadly crime did not even exempt innocent children from the clutches of its monstrousness. The macabre site of the current status of our society is indescribable. In this article, I have discussed about the prime legislation that was framed and enacted to relieve minor victims of this heinous crime – POCSO. This article thoroughly entails the legal provisions of POCSO Act, 2012, the loopholes that still exist and how those loopholes are utilized to manipulate the law and deprive children of the justice they deserve. The article addresses the struggles of minor victims and their parents as well. Even after 10 years of its enforcement, the provisions of POCSO are not put to use in their full capacity. We, as a society, have failed time and again to build an environment safe enough for our children. How far along are we then?

In the last decade or two, we have witnessed a dramatic shift in the way world operates. Gone are the days when people conducted businesses with other party residing within their domestic boundaries. Since the spread of globalization, business world has turned into a global village. People are transcending boundaries while collaborating with businesses having their base in another country. However, not every meeting takes place physically. In the post-COVID scenario, almost all the businesses are conducting their meetings virtually. When disagreements or disputes between the interested parties arise, they generally resort to the methods of arbitration, conciliation, mediation and the like instead of knocking the doors of respective courts. These alternative dispute mechanisms have turned out to be a boon for the aggrieved parties since it saves tones of litigious costs, time and energy. Arbitration is at the forefront of the most preferred dispute resolution mechanism by the businesses. The Arbitration and Conciliation Act's statutory framework, which governs how international arbitration plays a significant role and has evolved over two decades into an ideal tool for resolving disputes abroad. Even the Indian courts have imputed a more sincere interpretation to the arbitration clauses as it will be reflected in this article. Through this article, the author hopes to inform the readers on how and when arbitration processes are carried out in cases involving international trade, as well as the difficulties that arise while doing so.

Arbitration as an alternative dispute resolving mechanism has developed through constant restraints of judicial interventions and courtroom scepticism. The resistance to honor arbitration as an authentic procedure is prominently visible from the contrasting opinions laid down in judgements in deciding the arbitrability of any subject matter of the dispute. The law is vague on this point and the precedents have majorly added obscurity to the issue flowing from the strikingly contrasting rationale used by the Courts of law. In the landmark judgement of U.S. Supreme Court in the matter of Mitsubishi Motors Corp v. Soler Chrysler-Plymouth Inc. (“Mitsubishi-Motors Case”), the powers and benefits of arbitration were heavily emphasized while discussing the arbitrability of anti-trust claims in International Commercial Agreements and Trade. This decision of 1985 has profound impact and consequences attached to it as it widened the scope of arbitration while analyzing the long continuing parochial lens used by judiciary which has led to the frustration of objects and purpose of arbitration mechanism. This paper aims to navigate around the change brought in the position of arbitrability of anti-trust claims before and after the Supreme Court decision in the case mentioned. The paper also makes a comparison of the outlook followed in other jurisdictions such as UK, India and Singapore. And ultimately, it attempts to analyze the significance and impact of mandatory laws and its consequences on international commercial arbitration.

Fundamental Rights constitute a basic guarantee of dignified life. The respect for these rights has been deeply embedded in the structure of our Constitution – in the Preamble, in a distinct Part III dealing with fundamental rights and also through the Directive Principles of State Policy. The guarantee of fundamental rights has been concretised by the Constitution by incorporating Article 32 which not only makes them enforceable but also guarantees constitutional remedies for their enforcement as a distinct right. This paper shall discuss the persons of incidence of fundamental rights. It shall attempt to identify the persons upon whom the correlative duty of fundamental rights is cast; against whom the court may be moved for remedy. The paper has identified the persons of incidence of Part III by assessing the scheme of entrenchment of fundamental rights, the inclusive definition of State under Article 12 and through individual provisions of Part III.

Feminism is one of the most criticised theories, despite it having no negative connotations for anyone involved. Neither does it talk of extinguishing the rights of the men and nor does it try to give unwarranted entitlements to women. Despite all that, there are fewer feminists, every day. The deep rooted patriarchy, insecurities, and injustices would always try to stop the movement of the women from being oppressed to being free. Feminist jurisprudence encompasses the examination of many strands of feminist theory, as well as the themes that have originated and developed within feminist thinking, as well as the application of theory to issues that concern members of the class. It is the law's neutrality as a mechanism that perpetuates women's inequalities. Feminists hold a position that seeks to challenge the current legal status quo by focusing on the institutions and laws that would be required to correct the gender imbalance in society.

The purpose of this study is to discuss how using social media can lead to social anxiety, isolation, and depression. Modern civilization has seen a significant increase in the usage of social media, particularly among young individuals. Individuals who are socially awkward and lonely seem to prefer and actively seek out virtual networking contacts on social networks. The impact on well-being would also be investigated in this study.

Poverty is a condition where a person does not have the financial resources to meet his basic needs. It is a situation where he has to face difficulties every day of his life. Poverty has various causes and effects. There are different types of poverty. Poverty is a huge issue in India as it has been present for many years, and this problem is current in various parts of the world. Many people in different parts of the world live in poverty. People who live in poverty have to face multiple challenges in their life. They have to face various difficulties in their day-to-day life. The children who grow up in this situation also have to face numerous struggles in their early and later parts of life. This paper will deal with the different types of poverty in our country. It will also deal with poverty’s effects and measures to be taken to end poverty. It also deals with how their rights are being violated.

Same coitus marriage in Indian society “homosexuality has an ancient history in India. Ancient textbooks like Rigveda which dates back around 1500 BC, and puppets and vestiges depict sexual acts between women as exposures to a womanlike world where fornication was grounded on pleasure and fertility. Homosexuals are just like the rest of us. According to certain studies, roughly 5- 10 of the population is gay. You may calculate and check what India's figure is. Why is it that our society is still unintentional to admit the reality of homosexuality, despite its long roots? What are the reasons behind the fall of LGBTQ people in Indian society? Although our Hon’ble Supreme Court has given some judgement in support of LGBTQ, On September 6, 2018, a five-judge indigenous bench of the Supreme Court of India struck down vittles of a 162- time-old social enactment( Section 377 of the Indian Penal Code, 1860) that criminalised private and consensual same- coitus exertion between grown-ups in Navtej Singh Joharvs. Union of India, one of the judges, remarked, “Sexual exposure of a person is an essential trait of sequestration. I am reminded of a story about a washerman and his jackass while talking about legitimizing same-coitus marriage. With a hefty weight of garments on his reverse, the jackass refused to go from his house to the pond. A carrot was nailed to a stick tied in front of the beast's mouth by the washer man. The jackass kept going to catch the precious vegetable- the burro continues, and the carrot remains unobtainable. In the world of law, this demonstrates how some laws, like the proverbial burro, relentlessly seek the carrot of the moral ideal.

This paper is divided into 3 parts dealing with the judicial vacation culture internationally, in the Supreme Court and High Courts in the country along with the district courts in India; and compares their working days with that of different sectors operating in the country. The data analyzed was obtained from filing RTI Applications with various public authorities, and detailed scrutiny of the annual court calendars published by every court in the country. Vacations- derived from the Latin word, vacationem, means a period of the fixed holiday period, between terms. It is a period of rest and relaxation between strenuous work. Therefore, judicial vacations can be defined as that period of time where the courts of law perform no active functions and only extremely urgent matters are taken up for hearing by the vacation benches appointed for this period. These judicial vacations have played an essential role in lawyers’ lives. The concept of judicial vacations in India is a gift of the British Raj and has been amended by the Supreme Court in India from time to time. However, the need for judicial vacations has been questioned time and again by various legal scholars. To answer this question, it is essential to answer specific fundamental questions- Are judicial vacations native to India? How did they come into existence? Is the Indian judiciary working at par with other sectors in the country? And many more. Let us deal with them, one by one.

Criminal Justice System in India has many facets like the role of Prosecution, Investigating Agency or the Defense Lawyer. They all combine to make a trial successful. The Trial is the base on which the Criminal Justice System is based, the more the trials are done, the faster they are done, the better the system works. But what is the current status of trials in India? The Prime Minister in one of his public rally recently pointed out that the judiciary must also look towards the state of under-trial prisoners. There is a basic presumption under criminal law that a person shall be presumed to be innocent until & unless his guilt is proved or in short known as the rule of presumption of innocence. As noted earlier there is no time limit specified for completing investigation but there are time limits attached to filing of charge sheet when we read the statutory rule laid down in Section 167 of the Code of Criminal Procedure. The accused can get the bail as a matter of right after applying to the court after the 60 days or 90 days in whatever category the case falls if within this time frame charge sheet is not filed. The accused here in this case is again an under trial. But looking at the competency of the investigating authorities & reading the provisions of Section 173 of the Code of Criminal Procedure, there is still a scope of “further investigation” that can come into picture. Preventive Detention Laws are a product of preventive form of punishment, where punishment is so stringent that it will stop future crimes. But again the problem is the form but the process. The trial in these cases takes a whole lot of time to finish & in most of the cases because the accusation is just a vendetta the trial doesn’t even start. Act like National Security Act are a prime example of it. The vagueness of the grounds of detention under the said act is such that more often the cases which are booked the detention period of the accused continues & after that the outcome of the trial is nothing. The Code of Criminal Procedure is a post-independence law which has its own problems that are of procedural nature or the non-effectiveness of the agencies involved or many other allied factors.

Strong intellectual property (IP) protection is a fundamental issue in establishing a market for new products and services. IP can empower owners of intangible assets in the financing, manufacturing, or general commerce. However, like any other type of power, too much power can have adverse effects. This work provides a discussion of the limits of intellectual property by examining the doctrine of exhaustion of rights. This paper briefly illustrates the legal evolution of the doctrine of trademarks and digital rights. The discussion continues on the controversial concept of international exhaustion and the gist of digital exhaustion.

Environmental Auditing is an inspection as to whether the environmental norms are compiled by the industries and other institutions or machinery. It is an essential factor for sustainable development. If environmental norms are complied with then the Environment Health and Safety (EHS) risks are low. For analyzing the compliance, independent and unbiased auditing is necessary. Certain norms have been specified by the International Organization for Standardization in ISO 14000 and 14001 which should be complied with. The major challenge is the lack of compliance with those norms. Further, it has been stated, that third-party auditing can be a tool for bringing reformation in the field of environmental auditing.

The expression of culture through language. In most instances, it serves as the foundation for ethnic, regional, national, or even global identity. Like the two sides of a single sheet of paper, language and culture are entangled. Both of them are perceptive and capable of adjusting to changing conditions. Language fully expresses people's values and norms, and as values and norms are inherently changeable, language must adapt to cultural changes. A complicated and analogous relationship exists between language and culture. Language defines, transmits, and sustains culture, which is a creation of the human mind. Without a doubt, there is a symbiotic relationship between language and culture. Through a Semiotic Analysis of "Nine Lives: In Search of the Lost" this paper aims to explore Language and Culture. In this essay, William Dalrymple's "Nine Lives: In Search of Sacred in Modern India" will be used as a case study to examine language and culture through semiotic analysis. By British journalist William Dalrymple, this work is a travelogue that combines anthropological investigation with introspective thought. To choose nine Indians whose lives had been strongly influenced by faith, Dalrymple travelled the nation. With profound insight, he records these lives. India's religious diversity is examined in this nonfiction piece. Language in this novel can be used to identify each character's cultural identity. After fighting against the Chinese invasion of Tibet, a Buddhist monk dedicates the remainder of his life to hand-printing the greatest prayer flags as a kind of restitution to India. As she witnesses her best friend ritually starve herself to death, a Jain nun exercises her capacity for detachment. Nine people, nine lives—each following a different religious path and telling a fascinating tale that reflects the Indian subcontinent's rich cultural diversity.

Purpose: The previous research papers focus on the phases of marketing separately, and some focus on the first four segments only. The paper aims to analyse the evolution of Marketing 1.0 to Marketing 5.0. This paper will focus on the quintessential characteristics of each stage and understand how the advancement took place and the main factors responsible for the growth. Research Implications: The paper first introduces the concept of marketing and analyses Philip Kotler’s views on the same. It then presents multiple reviews of literature written by several authors, ranging across the decades, to provide a glimpse into the interpretation of Marketing in the past and present. The paper will then analyse all the five stages of Marketing, from Marketing 1.0 to Marketing 5.0. Finally, the paper will analyse and examine the critical differences between the phases. Findings: This paper analyses its findings under three sub-headings. Firstly, the author analyses multiple articles that explain the history and current scenario of Marketing globally. The author highlights the contributions and limitations of the literature attained. Secondly, the researcher examines the five stages of Marketing and highlight the vital identifying factors in each. Finally, The author interprets the critical differences between each stage, which will help analyse the stages holistically. Originality/Value: The researcher has highlighted the evolution of one of the broadest concepts and aims to analyse each stage concisely. Furthermore, the related research papers feature the growth of Marketing 1.0 to 4.0 only, as the concept of Marketing 5.0 is considerably new.

Live-in relationship is a concept which allows two individuals to live together , without getting married, along with the fact that their fundamental rights persist to be protected wherein the legal validity of their relationship is recognised but in some cases, the controversies are handed over to the judiciary and the question of the legal validity of their bond lays down in the hands of judiciary. This is because of it's big denial by the society which characterizes it in an unethical way of living together. The challenges which have been overcome with the efforts of our government authorities provides a better understanding for the society with respect to the reasons, such as, preventing the instances of Bigamy, which is a crime under the legal provisions. The research pertains to how the concept, has helped solve a lot of issues vis a vis a legally recognised marriage. The developments in the legal provisions pertaining to live-in relationship give a discretion to the individuals to take more time and enjoy living together until they possess their ties of marriage. The cases have been highlighted which show the trends of judiciary in recognising the legal validity of live-in relationship and legal status of the partners.

Right to life is provided to every person through Article 21 of the Constitution of India. Right to life not only refers to mere existence while breathing, but way more than that with multiple rights and interpretations included. Living a dignified life with the basic food, clothing, and shelter, having the right to get educated, including the right to live in a pollution free environment, right to have medical health care facilities, right to have privacy and many more rights are held to be under the scope of Article 21 of the Constitution of India through various judgments. Article 21 is one of the most important fundamental right provided in the Constitution of India. It is a proviso that covers almost entire facets of how to run a peaceful life. Article 21 provides two major rights which include right to life and right to personal liberty. Article 21 ensures that a person is never robbed off their right to life and the right to personal liberty unless as per the procedures established by the law. The scope of Article 21 is so wide that judicial intervention keeps expanding its meaning and provides various rights to be included in it which are necessary to complete the meaning of right to life and personal liberty. Be it right to travel as interpreted through Maneka Gandhi v. Union of India or protection from sexual harassment at workplace as interpreted through VISHAKA v. State of Rajasthan, judiciary’s intervention in the process of interpreting the rights included in Article 21 has made the scope wider. Article 21 even includes right to die with dignity (passive euthanasia, but only on case-by-case basis, Supreme Court held in Aruna Shanbaugh v. Union of India).

The act of misleading or incorrectly informing someone about the accurate and raw nature of a situation is defined as deception. In law, negligence is defined as the deficiency to meet a standard of behaviour authorised to protect society from irrational and unreasonable risk. The basis of tort liability is negligence, which is a major consideration in the majority of cases involving personal harm and property damage. This article aims to give insight into deceptive healthcare practices and medical negligence and how it is applicable under the Consumer Protection Law. It also sheds light on how the concept of healthcare practices and the medical profession falls under consumer protection and tries to explain its ingredients. It discusses who a consumer is regarding the health sector. Deception or fraud can happen to various people in various circumstances. Thus, the article examines the impact of the COVID-19 pandemic on the healthcare sector and how it has led to an increase in fraudulent healthcare practices. It attempts to delve into the broad scope of fraud and malpractice in the health sector, as well as how it affects consumers. Such practises can result in legal action. The legal implications of this have been discussed. In this article, measures and methods for preventing such practices are also analysed.

Today we live in the era of digitalization which involves the use of Artificial Intelligence (AI). Many of us may not be aware that we are surrounded by Artificial Intelligence all the time as it is omnipresent in the form of devices such as laptops, TV, mobiles, computer systems etc. AI has become so important in our life that one cannot imagine leading his life without it. We must also take into account the environmental issues being faced in the contemporary world, causing negative affect not only on the plants and animals but our mother Earth as whole. The greed of Human beings in search of a better lifestyle has caused deterioration to the environment. With the use of AI we can not only detect how the harm is taking place, how much harm has been caused and where it has been caused and also what remedial actions can be adopted for preventing such harm to our mother Earth. In recent years we have witnessed growing reliance on AI by the Indian Environmental Law regime, AI is being widely used by environmental agencies for effective implementation of environmental laws and achieving the objectives mentioned in such laws.AI is being utilized as a tool for ensuring environmental justice.

Sexual harassment has been a prevalent menace in the society since a very long time. Several women are a victim to sexual harassment on a daily basis, the workplace being one such place where it is extremely prevalent. This paper is a case study related to the issue of sexual harassment faced by women at the workplace. The existing laws and policies related to sexual harassment, The POSH Act, and the various measures and initiatives that the government has taken to address this issue are some of the topics that are explored in this paper. The landmark case of Vishaka v. State of Rajasthan is also evaluated in this paper as it plays a very important role in gaining a better understanding of the topic.

In certain circumstances, it may happen that an individual may obtain certain advantages to which the other individual is legally empowered. In commercial dealings, it may happen that obligations may arise upon the parties against one another because of law and without any contract entered between them. Such relationships are termed as Quasi Contract which includes claims for Quantum Meruit. Being a principle of commercial law, Quantum Meruit is often being used in daily commercial transactions by the parties without their knowledge. Quantum Meruit ensures justice in commercial law with or without the existence of any formal legally enforceable commercial contract, regulating the relations between the parties. The present article analyzes the nature, legal provisions and case laws dealing with the implementation of the Quantum Meruit postulate in Indian Commercial Law primarily dealing with contract law.

Cases have been decided by the Hon’ble Courts wherein it has been held that the empowered departments/empowered officers have mis-used or rather abused their position and power and have planted cases on innocent persons to achieve what they could not achieve otherwise through normal legal proceedings. The planting of the narcotic or psychotropic substances are not new and some of the cases have reached the Hon’ble Supreme Court too on the issue. Cases have been fought on the ground that the accused was not arrested from the scene of crime and they have been lifted from elsewhere and the substance in question planted on them. Here, the use of location of the empowered officers during the course of search, seizure and arrest using the CDR details comes in handy for the accused. This Article gives a wholistic view of the use of Section 91 of the Criminal Procedure Code, 1973 by the accused to get hold of the withheld documents and the rulings of the Hon’ble Supreme Court, Hon’ble High Courts, Ld. Trial Courts have been lucidly discussed to drive home the point that this section is a beneficial power used not only by the Hon’ble Courts but also empowered departments and the accused.

The Start-ups in their initial stage find it a challenge to have a corporate governance practice in place especially when they are struggling to break even. However, as they grow the need for such compliances now become apparent and often due to fast pace growth there are certain lapses in the corporate governance compliances within the organisation. The author in the present research paper have analysed and identified the need for start-ups to comply with corporate governance from very inception. The recent case studies of corporate governance lapses at Zomato and Bharat pe has been highlighted. Further, effort has been made to identify challenges faced by start-ups in India which indirectly make founders or directors reluctant to comply with corporate governance norms in some cases. Towards, the end several measures have been recommended on how start-ups can make compliance with corporate governance norms a part of the very culture of the organization.

Beauty sometimes hides harsh truth behind. No cosmetic can be imagined to be manufactured without the presence of Mica. India, being one of the large exporters of Mica, holds large reserves of Mica in its Eastern and Central Region, covering states like Jharkhand, Chhattisgarh etc. The region is one of the backward regions of the nation where illegal mica mining is the main source of livelihood for the poor and destitute people living in the region. Being famed for the issue of child labour and environmental degradation, mica mining is primarily the root cause of Environmental-Human rights violations in the region. Mica mining is not only hazardous to human beings but also the flora and fauna in the region. The present paper discusses the issues regarding the violation of the Environmental-Human Rights of the people living in these areas primarily children. The paper also discusses the provisions of constitutional and Environmental laws dealing with mica mining, the role of stakeholders in illegal mining along with recommendations for resolving the issues.

Women and rights are often a theme for debate. The economic stability of women is the primary concern of all women activists all over the world. Gender equality in terms of property rights is needed of the hour. Religious indifferences should not be a barrier to the economic stability of women. This article would discuss the property rights of Hindu women in India and their fights to achieve their desired goal in terms of property rights on par with men. The right of Hindu women to property is personal to their religion. The Hindu women in India are governed by their personal Laws. This article would bring out how the right of Hindu women to the property is understood under their personal laws and what are their present position and its fallacies. The personal laws on Hindu women in India concerning property rights are not gender-equal. A Stridhana property right is the only form of property right enjoyed by the Hindu women in India in the early time. The concept of stridhana and the women’s estate is discussed to bring out the present position of Hindu women’s right to property. This article would give a positive outlook on women’s rights to property and the fight for equal rights for women is achieved at best in the law book. The property rights of Hindu women have strengthened economic stability. This will give you a glimpse of how Sreedhana property and women’s estate have become their absolute property and their role in coparcenary property and their position.

The article presents a number of issues in attestation in criminal cases involving public order distubance in the law of Vietnam. On the basis of studying the provisions of the law, the article aims at making some evaluation, recommendations and proposals to improve the legal provisions on the issues in the criminal cases of disrupting public order.

This article deals with Patents of Drugs. In this article, the author has briefed on the patent of Drugs, the meaning and characteristics of the Patents and The Patent Act’s objective. The author has dealt with the Development of patent law in India and has given a brief on the Pharmaceutical Patent type in India, awarding of a Patent to the inventor. The author has also discussed the transfer of Patent rights and Patent licensees.

This paper examines the conflict between customary law and treaty law. The Conflict arises in derivative matters that arise when the provisions of customary law conflict with the treaty. ICJ Article 38(1)(a) refers to the treaty as a source of international law and Article 38(1)(b) refers to international custom as a source of international law. But some jurist believes that the custom is not a proper law and it is made on beliefs and other jurist opinions that the treaty is to be followed as it is written and bound the state to be followed in good faith. The paper also examines some cases on customs and treaties.

The study in this paper attempts to cover the Car Insurance claims determined by the coverage of insurance both in the form of add-on cover and in the form of comprehensive insurance policy. The insurance procedure covers the gamut of circumstances in the condition of liability without fault in certain cases. The role of claim adjusters on behalf of the Car Company with regard to legal regulations while considering replacement or compensation of punitive damages and accidental recovery claims is significant in respect of giving guarantee of utmost good faith to the insured policyholder, so to keep the service providing and marketing strategy to continue with the best sales ratio as well as with the most demanding status of a specific model or of the company’s brand. In pursuance of the aforementioned market delivery strategy, the Motor Vehicle Insurance Act 1988 entails to vicarious enforcements, experiences and liability with effect to effective and ineffective evidences. Subsequently there are jurisdiction implications for insured or uninsured motorists. This paper will give a descriptive overview that how the pandora box of insurance policies try to create a safeguard for the insured by way of car insurance top-ups? How do the different types of motor insurance policies offer a paradoxical reality to the customers or buyers? How do the idealist buyers later face the provided safeguards with certain loopholes in the form of given strictures through the insurer of the car company? How do the legal representatives of the injured or deceased person seek no fault liability against the insurer and the insured? Or how does the third-party insurance claim increase the possibility of policyholder’s liability if he causes an accident and leaves the injured unattended or unguided? Or in what manner does Motor Vehicle Insurance Act reduce policyholder’s liability if he is not alive after the accident? If, it is so, then how do the legal representative or the claimant of the insured are leveraged to get the benefit of the insurance plan for the repair of the damages or replacement?

Crimes against women are as old as civilization, and the attempts to curb them are equally ancient. Crime and violence against women are on the rise. Specific laws and regulations have been introduced to curb it. While constitutional protections is given and a large number of protective laws have been enacted to deter and regulate crimes against women, such crimes have, however, continued to grow. It has been commonly found that women hesitate to knock at the Court's doors because of lengthy, continuous and intense legal battles. Marriage is considered a religious relationship in which two consenting adults consent to marry together and form a family. One of the various conventions and practices that have been followed in our culture from early times is dower. Dowry is a sum of money or property that a wife gives her husband as a wedding gift. The dower provided during the wedding is intended to protect the female offspring and is regarded as a blessing for her. However, nature took its course, and human avarice continued to grow. The Central Government passed a regulation that served as a protection for the women against the cruel treatment they had to endure because of the desire for dowry. As a result, husbands and their families began to harass and torture the bride for bringing less dowry. Section 498-A was introduced into the Indian Penal Code to regulate the rapid rise in cases of cruelty against women. A new form of legal terrorism could be unleashed by exploiting the law for furthering one’s motive. The law is designed to act as a shield, not as an assassin's weapon.

Prostitution is regarded as the oldest profession of all time. Sex workers are also referred to as Tawaif or Devadasi. The industry is worth more than $100 billion globally and its history can be traced back to 4000 years back to ancient Babylon. There are over 20 million sex workers in India if we are to judge by the recent human rights watch report. The report asserted that most of the sex workers entered the industry when they were less than 18 years. The topic prostitution has a significance in the way that it historically represents women oppression. Consent and free choice on being a sex worker will be evaluated by focusing on the capacity of the human beings, more problematically of women, to choose what they really want to be. History of prostitution will be briefly given in this paper, to create s historical background of prostitution profession. Main argument of this paper is that prostitution is not in general is not something desirable for a women and “so-called” consent on prostitution is not a complete consent and prostitution cannot be evaluated apart from its historical development. Already, a high degree of legal ambivalence and contradictions cloud prostitution laws in India. There are certain rights guaranteed by united nations for the protection of prostitutes. Universal Declaration of Human Rights guarantees the Right to life and personal liberty under which the rights of prostitutes are also included and also right to equality to treat them equally. As prostitution is considered as a sensitive topic in India there are several laws made in relation to punish the felonious practice of prostitution. Laws such as Suppression of Immoral Traffic act, 1956. This paper also critically analysis the Immoral Traffic Prevention act, 1956 in consonance with Indian Penal Code provisions and Constitution provisions. Indian penal code asserted certain provisions relating to prostitution such as Section 372 and 373. * Legislative and judicial approach towards sex workers. There are certain judicial pronouncements to legalize prostitution and not to punish the prostitute if she is a consenting party as well. This paper also focuses on the cases where the court held that prostitution is not illegal.

The purpose of this paper is to identify the main factor appreciably affecting the data protection issues pertaining to online networking system and to detect how the other factors affecting the data protection issues are interrelated. In this paper semi structure interviews have been taken from the experts. Research papers have been consulted also as basis. After identification of the factors from the above sources affecting data protection issues some remote factors have not been considered to reduce the focus and then with the available factors effecting data protection in the cloud platform interpretive structured modeling methodology and bibliographic modelling approach has been applied. This paper has illustrated how with the help of ISM and literature review approach, the main factor commonly known as driving force affecting data protection issues has been detected and how the other factors are connected internally with each other has also been identified.

The Union Government provided some instructions for raising the country's educational standard in its National Education Policy 2020. The committee recommends that state-run law schools embrace bilingual legal instruction in paragraph 20.3. This idea has several ramifications. This needs to be understood in light of recent developments in the Indian legal system. Meeting certain requirements and criteria is necessary for this plan to be implemented effectively. This article examines how such a policy may affect the worried kids. In the current Indian legal environment, the article aims to determine if a "bilingual legal education system" is progressive or regressive.

This is a case study of mergers and acquisitions both in the steel industry. Tata Steel Ltd. (TSL) acquired Bhushan Steel Ltd in the year 2018 under the Insolvency and Bankruptcy Code (IBC) of 2016 and renamed it Tata Bhushan Steel Ltd. (TBSL). Tata Steel has acquired a 72.65% share in BSL and paid the accepted corporate bankruptcy expenses as well as employee dues, as required by the IBC. Bhushan Steel was one of the few companies among the 12 recommended by the RBI under the Insolvency and Bankruptcy Code to be resolved. In a general sense & in the context of doing business in India, it is always in the best interest of a corporate to acquire an asset rather than build it from scratch, especially for a greenfield project.

Cyberspace is a conceptual term or understanding of widespread interconnected web of digital technology. The connects system across the globe forming a web of resources, either in the form of hardware or software. The technological advancements have necessitated a relook at social, cultural, political, economical, technological and philosophical landscape of any nation, society and even the activities of individuals. The increasing number of cases pertaining to cyber hacking, cyber offences, cyber stalking, cyber fraud, cyber economic and financial malpractices and misrepresentation has warranted all to relook at legal and business framework of any country. The instant paper is an attempt to look at specific areas of criminal law which are at intersections of ‘Plea Bargaining’ and ‘Compounding’ in contrast to other criminal offences of the nature of wrong against the state where the compromise is not possible considering that ‘some heinous crimes’ are in domain of public wrong which are non-compoundable. Cyberspace offences have to be ascertained in the scales of nature and gravity of offences and the quantum of punishment and whether it is fit to be a case of ‘victim-offer mediation’ is a question which has to be analysed from the facts and circumstances of the case.

Intellectual property rights assist in preserving the original work of the creator, like; song compositions, original writings, sculpture, art, films, etc. In the dynamic as well as developing economy of India it is vital to protect the rights of gifted imaginative minds and their innovations. Overall development of the market can only be expected if the hard work of the inventor gets legal protection. The sellers and the buyers must have a plethora of options to choose from, in case the available options lack quality and uniqueness, the chances of the availability of a good quality product would become even more difficult. The advent of liberalization demanded the protection of intellectual property rights not only in India but also internationally. It was a challenging task as the legal protection of the production and distribution of the exclusive products had to now be regulated globally. To guarantee this the Government of India made added efforts to seek recognition of the Intellectual Property laws of our country on an international level. India has showcased dedication and commitment toward the World Trade Organisation and has put forward India’s bearing and outlook on Intellectual Property Rights under the Trade-Related Intellectual Property Rights Agreement (TRIPS). The replacement of the Trade and Merchandise Marks Act, 1958 with the upgraded Trade Marks Act, 1999 is proof enough of the kind of tenacity India has shown by adhering to the commitments made to the TRIPS agreement. This paper attempts to analyse the interpretations made by courts during various situations and proposes modifications to strengthen the laws in light of changing circumstances, with a particular focus on the in-depth meaning of Intellectual Property Rights and a clear distinction between the kinds of Intellectual property rights namely; Patents, Copyrights, Trade Secrets and Trademarks.

The article is a critical assessment of the various laws which determine a women’s right to property and her legitimate rights and share. The article aims at clarifying the ambiguity related to a women’s rightful share emerging out of different laws and judicial pronouncements. It lays emphasis on the property rights of Hindu women, especially after the monumental judgements of the Hon’ble Apex court.

Death penalty is one of the most debated, ancient forms of punishment in almost every society. Inflicting capital punishment on Rarest of the Rare case is a controversy that follows every judicial verdict. India has always been conflicted with the idea of capital punishment, but also realizes death penalty to be a vital punishment in the abolition of crime in society. Many great leaders and scholars like Dr. APJ Abdul Kalam and Justice Krishnan Iyer have opposed the idea of awarding death sentence. Justice Krishnan Iyer believes that it is futile to award death penalty even to a terrorist as it is foolish to think of it as a cure for terrorism, whereas Dr. Abdul Kalam himself has approved death sentence in some brutal cases during his presidential tenure. In my opinion, yes, there have been grave, gruesome, and brutal cases for instance 26/11 attack and the Nirbhaya case where the convicts deserved to die, but the question lies, do we deserve to kill them? Our constitution echoes the importance of life, so is it fair for the law to take away someone’s life? This research paper talks about the constitutional validity of capital punishment and landmark judgments on the said matter.

The COVID-19 pandemic has played a major role in every aspect of the world. This deadly virus has not only been a threat to humans and affected their life, it has also affected the health of the world economically to a very great extent. With the advent of this virus followed a lockdown, where the people all across the globe were constrained to their own homes and the freedom of their movement was restricted as this virus possessed to be a grave threat to mankind. These pandemic lockdown phases caused a downfall in the economy which further led to recession, unemployment, decrease in the trade globally and much more. The world was no more following the process of globalization in this era because each nation-state was concerned with their personal progress and profitability rather than focusing on these aspects globally. Hence, the process of deglobalization had taken over. However, since change in times need change in ways, we have to adapt ourselves to a more well-structured and refined method of globalization – Deglobalization. This paper aims to explain the effects of COVID-19 on the global front and further aims to explain as to why the process of Deglobalization should be adhered to on the global front.

The decriminalisation of homosexuality was a huge step towards equality in India and created a huge impact in the lives of homosexuals who could now be free and finally identify as themselves in public. But did it have a real adverse impact on the lives of homosexual individuals? The decriminalisation of Section 377 may have given homosexuals the right to exist but how has it really impacted homosexual individuals as other laws continue to ignore the LGBTQIA community? This article questions the inclusiveness of other laws that govern the citizens of India but still ignore the LGBTQIA community

The law of private wrongs, particularly common law torts, fails to map onto our moral reality, according to the established orthodoxy. Skeptics concerning the moral basis of tort law have been particularly intrigued by four objections: They claim to throw doubt on the duty of care element's moral appeal; they attack the objective standard of care's seeming inequity; they criticize the morally arbitrary aspects of factual causation and injury; and they complain about the proximate cause element's unnecessary expansion of responsibility. The author will attempt to demonstrate that the normative structure of tort law may be rebuilt to reflect, to a large extent, our reasoned judgments moral values are concerned. The paper give new evidence in support of the idea that tort law enshrines certain interpersonal standards, such as responsibility norms. To begin, the author has used current responsibility theory research to better explain the role of ethically relevant varieties of institutional responsibility in tort law.

The Present Paper is an attempt to make a comparative analysis of the position of crime victims in various Crimi-nal Justice Systems across the globe. It also examines their outstanding role in bringing the rights of the crime victim to some extent in tune with their Justice Delivery system. Laws protecting crime victims in India, in particu-lar, are argued to be insufficient. In India, the criminal justice system has been functioning well below average, and many would argue that it has failed to inspire public confidence. Until the criminal justice system takes vic-tims' interests into account, it is now widely acknowledged that no amount of criminal law or criminal procedure will ever result in justice being served. The victim is not merely a tool in the prosecutor's arsenal for securing con-victions. If the victim is merely employed in the reporting of the crime and subsequently as a witness, they should be treated as human beings with their own rights that should be taken into account at all phases of the criminal investigation and final prosecution. Further, the Research paper will look into the changing dimension of the sta-tus of victim’s till date under various International instruments and their impact on developed, developing and under developed countries. The Indian Criminal Justice System's limited provisions for the protection of crime victims are also mentioned. Without being oppressive, criminal law must be powerful enough in its content as well as its implementation. Victims, on the other hand, have been reduced to mere witnesses in criminal trials down the ages. In this way, the role of victim has changed dramatically in human history. As legal conceptions have evolved over time, so too have the methods used to address victims of crime in the criminal justice system. The current research is only devoted to doctrinal issues.

Section 29A of the Insolvency and Bankruptcy Code (IBC), which was added to the IBC by the IBC (Amendment) Act, 2017, provides a list of disqualifications criteria for Resolution Applicants from submitting a Resolution Plan during Corporate Insolvency Resolution Process. There was a second amendment in 2018. The Aim of enacting Section 29A was to prevent those who would have a negative impact on the overall corporate resolution process from submitting a resolution plan, but this section imposes four tiers of ineligibility. This multi-tiered disqualification under Section 29A may prevent bona fide resolution applicants from applying, as well as key stakeholders from bidding for the company's revival. As a result, despite its noble goal, section 29A is a severe section that continues to be problematic. The ineligibility criteria under section 29A have cast a net so wide that even those persons who wish to positively contribute towards the revival of the corporate debtor have been barred from submitting their resolution plans. The Supreme Court has played an instrumental role in analysing the provisions and thereby clearing ambiguities from the interpretation of the provisions of section 29A through its various judgements. This article attempts to analyze the Qualifications & Disqualifications of Resolution Applicants.

Administrative agencies act as quasi-judicial authorities to adjudicate upon legal issues. Informal rulemaking and adjudication by administrative agencies is often perceived as a design to ensure speedy disposal of disputes. Difference in opinions of jurists regarding the scope and existence of administrative law paved the way for judicial control over administrative actions. Judicial review of administrative actions could presumably be perceived as a watchdog scheme against arbitrary acts of administrative agencies. Arbitrary procedure in discharging administrative functions remained unaddressed for decades under the British regime since they focused more on executive rather than judicial independence. To secure ‘Rule of Law’ it is vital that the state or its officials are expected to carry their administrative duties in conformity with Constitutional mandates. Blurred lines of arbitrary laws must be declared unconstitutional to safeguard egalitarian social order. Administrative authorities must be held accountable to impose arbitrary laws. The written Indian constitution incorporates essential principles of governance that are prevalent in many common law countries around the globe. Public interest is upheld by judicial review since basic structure of Indian Constitution extends protection to the development of judiciary (i.e. judge made laws) in a welfare state. By introducing transparency in adjudicating disputes between the parties administrative authorities are made accountable to general public. The scrutiny of judge made laws reveals the nature of governance established in a state. Therefore, judge made laws are nothing but a counter measure available against absolute power exercised by small group of people having majority in a state. In this paper, delegated legislation and examination of judicial review of administrative actions will be evaluated for uniformity.

India's poverty is possibly the most pressing issue we face today. Indians account for over a third of the world's poor. In this way, this study provides information about poverty and the infinite circle. The data for this research was acquired from a secondary source. This paper delves into the explanation for poverty as well as the three characterizations. Poverty is a never-ending cycle. "You are poor because you are poor," says an axiom that perfectly captures this. We have been dealing with the issue of persistent destitution for a long time. This document also defines the parameters by which poverty is defined, as well as what should be included and so on. Destitution line, the state of people who are poor and the actions are taken to help them get out of poverty, and the difference between poverty in urban and rural areas. The majority of the region reflects the soul of territorial independence in a desire to separate and form parts of the fresh or new place. In an ideal world, the partition of an area, whether for the general public, the region, or the city, is expected to speed up progress and increase social government support. In any event, the split, as a general rule, might result in gaps and imbalances in the public sphere. additionally, the rise in poverty. Poverty is an extremely perplexing issue. The government has completed a plethora of initiatives, but none of them have yet yielded optimal results. Poverty can be caused by both internal and external influences. Individuals will be forced into servitude as a result of their neediness in a never-ending cycle of poverty.

In today’s world, the banking sector performs as the core or basis of modern business. A country’s economical improvement depends mostly on the banking structure of the country. A bank is an entity of finance. The core banking businesses that a bank carries out are receiving the money deposits and lending money and/or investing it. Nowadays the banking business plays a crucial part in human life as in the modern lifestyle of people, without having a properly developed banking network, they might not carry out proper financial transitions. This paper deals with the banking structure in India. The present structure of banking in India which has developed over many decades is complex but detailed and it serves the requirements of credit and banking businesses of the Indian economy. The present banking structure has different layers to serve the certain and various needs of various customers. The banking structure in India plays a critical role to mobilize savings and also in the economic development of the country.

Laws are established for the purpose of governance, with the goal of protecting people's rights on one side and controlling their actions on the other. A human being, a social animal, is a consequence of the society in which he lives and is regulated by the desires that he wants to assert during his lifetime. Rights and interests seem to clash with each other, and what the concept of social engineering postulates is the method of balancing these interests and rights with each other in order to ensure optimal gain for all. In order to balance the needs of society to offer maximum value to the maximum number under the welfare state regime, social engineering was put forward by Roscoe pound. In the context of the social engineering phase in India, this article analyzes constitutional provisions, laws and judicial decisions. The authors briefly address Roscoe Pound’s theory of Social Engineering and relate its application to the Indian legal system as a tool of justice.

Why do most people obey the law? Why do they usually accept judicial decisions? Social psychology research indicates that people obey the law and accept judicial decisions as long as they believe that the procedures and the laws are fair and just. The nature of crimes has undergone many changes, but for their investigation, agencies are still following age-old procedures. Even in heinous crimes, a large number of criminals are not prosecuted and many trials end in acquittal as a result of which the number of criminals as well as crimes is increasing day by day. For a just trial, where the guilty is punished according to law, an investigation without any loophole is a necessity. Since 1980s, significant social, legal, and scientific changes in the criminal justice system have occurred. The discipline of forensic science has altered the socio-gram of the law-science interface. Forensic science aims to produce knowledge and find facts as the foundation for justice, with solitary purpose of assisting the judges to evaluate the evidential task. It comprises of all prominent techniques such as DNA-Sequencer, High-Speed Ballistic Photography, Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS), Magnetic Fingerprinting, Automated Fingerprint Identification (AFIS) and many more. Criminal investigations must be performed through technical succor to decide on whether a crime has been committed or not; when, how, and by whom. Keen investigation in the detection of crime is an important step in the administration of justice; hence investigations must be prompt, fair and impartial. This research paper will mainly be focusing on the analysis of forensic scientific techniques and how forensic science infers the rule of law and enhances the criminal justice system. Further, the paper emphasizes on the importance of utilization of the discipline during legal investigations in India which however has failed to achieve the desired goal, and henceforth needs reconsideration.

As cryptocurrency is gaining popularity all over the world including India in a good and bad way it is crucial to understand the validity. Specially in India the government has taken different position from time to time on virtual currencies. Till today there is no solid and exclusive regulation to monitor all the transactions of cryptocurrencies, putting the population of India into a dilemma. Should people deal in digital currencies and what is potential in terms of investment safety is still a question. The below article is a short analysis of whether the cryptocurrency should be legalised and what stand India and its courts has taken till now.

The COVID-19 pandemic has forced countries worldwide to face a new reality and the measures taken by governments to mitigate the impact on citizens and economies. The measures included social distance, lockdowns, and restrictions on the movement of people. For the housing sector in Slovakia, as well as for the construction sector, restrictive measures meant delaying or postponing and in many cases a complete suspension of many projects. The paper aims to examine the effects of the COVID-19 pandemic on the Slovak housing sector. The research included using qualitative data collection methods, data comparison, and analogy. In general, the housing sector in Slovakia was only slightly affected, with the most fundamental factor being delays in the approval and completion of flats. The main findings reveal that, although investors are cautious, the current pandemic situation has not, in principle, affected the housing sector as demand exceeds supply.

This paper shall begin with a brief introduction to a few infamous and unethical clinical trials conducted in India in the past. The author shall discuss the role of the Supreme Court of India in a bid to do away with unethical trials and promote the rights of participants in the country and also discuss whether the Court has been successful in mitigating the practice of unethical clinical trials. The author shall also briefly discuss a few aspects of the New Drugs and Clinical Trial Rules, 2019. This paper shall also throw light on why mere interpretations of the fundamental rights guaranteed by the Constitution of India, 1950 is not sufficient in ensuring the various rights of participants to trials and that there is a need for separate or amendment to existing legislations in order to enforce the same. The author shall also highlight some the loopholes in the current legislation pertaining to clinical trials in India by which these trials violate the rights of participants. The author shall conclude by stating why it is pertinent to regulate clinical trials more efficiently and to ensure the rights of participants of those trials in India.

This paper examines the various considerations that parties to an arbitration must make when selecting a seat. Due to its conservative arbitration legislation and inability of its judiciary to effectively deal with arbitration disputes, India has long been neglected as a potential seat of arbitration. Parties must select a seat where the arbitral process can be completed expeditiously while respecting confidentiality. A seat must be adaptable enough to let the parties to choose the substantive laws under which the dispute will be resolved at their leisure, as well as have a plethora of facilities such as arbitration institutions and physical infrastructure. India is not yet ready to be an arbitration hotspot, and the legislature and judiciary will need to collaborate closely to broaden the scope of arbitration law to entice parties to hold their arbitrations in the country. The judiciary will have to demonstrate balance in their arbitration decisions while still deciding them quickly.

The article is about the concept of the Deterrent theory of Punishment. It means that severe punishment should be set for a crime so that it put fear in the minds of the people so the crime is not repeated again. It helps in deterring/reducing the attempt of committing any crime. This concept is simplified by authors like Thomas Hobbes, Cesare Beccaria, and Jeremy Bentham. All the different theories and introductions given by these philosophers 3 components came into knowledge namely Severity, Certainty, and Celerity. This theory is divided into three categories called General deterrence, Specific Deterrence, and Incapacitation. Case laws like the Nirbhaya gang rape case, Phul Singh v. State of Haryana, Ballo alias Balveer v. the State of Rajasthan, and State of HP v. Nirmala Devi. I have read all theories of punishment and to know more and understand this particular theory I have researched and wrote this article. After reading several articles and research papers and reading about these tough and severe punishments used in different countries, I found out that this theory has no implication in this modern world. Just because of the laws of different countries many innocents are punished with the guilty ones.

"You can use marriage as far as your consciousness is to beget a child and grow him like a devotee Marriage is not just a bond between two lovers but also a blessing to start a family and bring in a life into this world”. Hindu marriage is “a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual need of dharma, procreation and sexual pleasure.” The irony with our laws is that mostly and solely they are women-centric.However, one should also think from men’s perspective. The term marital rape should not be avoided absolutely. Nonetheless criminalizing it straightaway is also not the way ahead. There is always an alternative for everything andhence there has to be an alternative for this particular term i.e., MARITAL RAPE. This term instead of helping women will only be used by the women. Men will be afraid of marrying if marital rape is criminalized since it will somewherelead to acting as a catalyst for the pseudo-feminist movement. It is presumed that women aren’tsafe in their own house and after criminalizing“MARITAL RAPE”, the same will become applicable to mento a very great extent. This is most likely to happen because sometimes women will give consent and sometimes will deny it. So now what happens with men? Saying a yes or someties saying no can also be the case with men. And this substantiates the need for affording some sort of protection to them as well.Why do women need to be the focal point of all Laws? Why can’t laws be men-centric? Why always women empowerment? Why not Men Empowerment? We have seen for years the laws which are made for women are often mistreated and misused, therefore there should be men-centric laws as well. Women will exploit the marital rape legislation, which is partially accurate because rape is no longer about gender but rather about power, position, and supremacy. The Justice Verma Committee which was constituted after the Nirbhaya incident had also recommended that rape within marriages be punished.

The Geographical indication is a dimension of the intellectual property which gives due recognition and legal protection to products. This article is cover the various aspects of geographical indications which are related to agriculture, foods and handicrafts of India. Which is that much potential to make local products the identity of Indian business in the global market. This takes look into the ‘Vocal For Local’ movement of the Government of India which has a major role to make domestic products a tool for preserving and rebranding the image of Indian products. The geographical indication will give a legal shield and platform to our artisans and manufacturers. This will make India a self-reliant country.

Assam is a northern-eastern Indian state. It is also well-known for its rich culture, biodiversity, tea gardens, and tribal communities. Geographically, Assam is so abundant that, in ancient India, several tribal groups traveled from other regions of the world and settled here, scilicet the Mongolians, Indo-Burmese, Indo-Iranians, and Aryans. Assam is home to 18 prominent tribes, many of which inhabit mountainous regions. For the socio-economic development of such tribes, the Government of India and the Assam State Government have introduced many schemes to improve their standing in society; consequently, we can say with pride that most of such tribes are literate. However, despite their education, many still believe in black magic, spiritual enchantment, and witchcraft. We often learn via the news that a woman was slain by hawking stones or burnt alive because society believed she was a witch; it can even be termed as "A flawless strategy to annihilate humanity." The issue is whether they have observed actual sorcery or were induced to accept such claims of black magic. It is difficult to imagine women killed for such outlandish motives in the 21st century. In India, such violence is more prevalent in rural regions than urban ones. The question is why it is done, the underlying objective, and whether any Acts have been enacted to safeguard women. This paper serves as a response to such inquiries. Witch-hunting is reported across many states in India, but this paper will partially be state-centric; it will cover the other states of India but primarily will focus on North – Eastern States

The sedition law has been attracting criticism since the colonial period. The purpose of implementing the sedition law by the British was to suppress the voice of the people and the nationalist movements. After the independence of the country, this law seems unclear because free speech is the soul of a democratic country. Apart from this, the government has been misusing and implementing this law in the name of national security and integrity for years. This law is being used to suppress dissent. The law of sedition is being considered a violation of freedom of speech and expression though a balance was struck between them in the judegement of Kedarnath case. The paper henceforth focuses on this issue and tries to provide suggestions for the same.

Everyone seems to be living two lives these days- one which is their real physical life and second being a virtual presence over the internet and its various platforms. However, it is far from an undiscovered truth that safety is the primary yet an often neglected concern when it comes to an individual’s presence in the virtual world. Numerous surveys worldwide have established that women and girls all over the world have been a victim of numerous schemes of online harassment including sexual harassment which in turn puts a big question mark on the woman’s character and reputation. The commitment of such acts is majorly heightened by technical ignorance and the lack of effective laws governing cybercrimes which is also a consequence of the ambiguity the untraveled path of the virtual world entails. Thus, as the title suggests, this article basically tries to understand the scope of safety laws pertaining to women’s presence in the virtual world.

Trading of Life Insurance Policy is a relatively new kind of business which has entered India. This has tapped into the whole new market for insurance trading in the secondary in the market which was not present earlier in India and has generated a huge income and has made a substantial contribution to the growth of the economy. But the latest development in this sector has restricted the growth of the sector. This paper discusses about several aspects that revolve around the legality of trading of life insurance policy, in India. The very reason for regulating the insurance sector is to provide social security to the policyholders; however, the statute fails to consider other aspects, which are the financial security and development through the trading of such policy. This paper will discuss the historical background for the S. 38 of the Life Insurance Act of 1938, which allowed for the assignment of life insurance policies. However, this particular section has brought in many changes following the 2015 amendment, which has affected the whole sector of trading policies. Restrictions have been imposed on the transfer or assignment of life insurance policies, which has affected the secondary market, which is essential for any country to develop its economy. India is by this step losing out on opportunities to improve the country’s economy because when the value of the product in the secondary market rises, its value in the primary market rises as well. This paper will look into the background of the application of section 38 of the Insurance act of 1938 and contentions opposing the validity of the provision. This paper will also discuss the reasons favouring the existence of such provision with help of decided case laws and other opinions from various scholars.

Domicile as a legal concept deals with the permanent abode of an individual and where he plans on staying for an indefinite time. Earlier it was used to determine jurisdiction to apply the law accordingly. But as society keeps changing, so does the law. And thus, there is now a need to understand domicile and its ideology, since it's carrying out more functions and has a key role in assuming the jurisdiction for various legislations and the decisions that led to them. Domicile is a wide-open concept that helps organise the laws of the land and keeps them separate from other places or jurisdictions. This in turn helps to administer and govern the land judiciously. Under Indian law, Domicile has been used and referred to in many legislations and statutes. But the most intricate details regarding this topic can be seen under the Indian Succession Act (1925) where a whole chapter has been dedicated to this topic. The Act basically talks about the application, kinds and other instances of territorial law and regulations that have been adapted for its implementation. But domicile is not just a concept or ideology that’s of growing importance for administration and power in the state, it is of core importance to the basis of Private International Law and the Common Law System. The need and principles behind domicile helped to make legislations and laws that help figure out the jurisdictions, authorities that oversee it and their roles, which eases procedures for the administration of a place.

In the era of the cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar to the people. The evolution of Information Technology (IT) gave birth to the cyber space wherein the internet provides equal opportunities to all people to access any information, data storage, analyse etc. with the use of high technology. Due to the increase in the number of netizens, misuse of technology in cyberspace was clutching up which gave birth to cybercrimes at the domestic and international levels as well. Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result in punishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”. The world’s 1st computer-specific law was enacted in the year 1970 by the German State of Hesse in the form of ‘The Data Protection Act, 1970’ with the advancement of cyber technology. With the emergence of technology, the misuse of technology has also expanded to its optimum level and then there arises a need for strict statutory laws to regulate the criminal activities in the cyber world and to protect the technological advancement system. It is under these circumstances Indian parliament passed its “INFORMATION TECHNOLOGY ACT, 2000” on 17th October to have its exhaustive law to deal with the technology in the field of e-commerce, e-governance, and e-banking as well as penalties and punishments in the field of cybercrimes.

Globalization is a concept that has seeped into almost every of life. It is ever growing at an alarming pace. Though it boasts numerous advantages, it is not without its downsides. This paper intends to examine globalization and its effect on the economy. This paper attempts to analyze the adverse effects of globalization concerning its effect on sovereign nations, legal lacunas and global impacts. The paper also proposes possible actions to overcome these inadequacies that need to be addressed at the earliest. This paper has been divided into 4 parts. Part I of the paper gives an introduction to Globalization. Part II deals with the challenges that are brought about by globalization to sovereignty. Part III deals with the proposal for the implementation of Global Corporate Social Responsibility as a mechanism to face these challenges. Finally, part IV concludes this paper with the conclusions that have been arrived on.

What is familiar to us so far is the fact that any pandemic situation causes firms to face difficult challenges in that complex and changing environment. Every crisis that has arisen has affected the business model of firms with which every business has tried to analyze and adapt to the new dynamics. This is confirmed by various evidence which confirm the negative impact that a crisis brings on the operation and operation of a business regardless of the size or capacity of the firm. The spread of any crisis, be it caused by COVID-19 challenges many firms, even family firms which compared to other business firms are more resilient to risk. According to some authors, this is because family firms maintain their success as a result of combining tradition and innovation and this makes them more resilient and flexible compared to large firms. As we consider the impact of COVID-19 on entrepreneurial business models, we see an exogenous extreme shock and its immediate and negative impact on existing businesses. The coronavirus, in addition to the negative effect, also has some advantages and offers several opportunities for specific sectors which will be elaborated on in the continuation of this research. So the COVID-19 pandemic brings changes but also opportunities. Therefore, the firms that have proven successful and survived the recent crisis are precisely those firms that have changed the strategy and the course of operation of the activity by being oriented towards the market and entrepreneurship.

The idea of the rule of law has been around for ages and is quite significant in politics. Because of the Rule of Law, nobody is above the law. No person shall be subjected to harsh, uncivilized, or discriminatory treatment, even when the goal is to secure the utmost requirements of law and order, according to the rule of law. According to the rule of law, everyone, including institutions and entities, must abide by laws that are: Publicly enacted, Enforced equally, and adjudicated independently. Furthermore, it is in line with universal human rights standards. It necessitates taking steps to ensure adherence to the values of the rule of law, accountability to the rule of law, equality before the law, fairness in the application of the law, separation of powers, involvement in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. The fundamental principle of the Indian Constitution is that all people are equal before the law, which gave rise to the idea of equality. Another fundamental principle is the rule of law. The concept of the rule of law refers to the supreme control of the law over governmental activity and personal conduct. It is comparable to a scenario in which both the government and people are subject to the law and must abide by it. It stands in contrast to oppressive or arbitrary rule. The establishment of the liberal democratic system of governance in the West is correlated with the rule of law, which is the result of historical processes across centuries. There are conflicting perspectives about the rule of law.

Purpose: In the light of gender stereotype and gender sensitive content, the purpose of this paper is to review the impact of comprehensive media representation on offences against women, along with the escalated media consumptions on criminal cases involving women. The paper also addresses the biased approach of media in these cases resulting in women exploiting this trend to frame men. Approach: The paper uses case studies and statistical data to analyse the transition brought through such accelerated media representation. Findings: The paper concentrates on the different approaches of media on cases of crime against women and the resonating effect of it on decisions made by the court. It also discusses the lack of adequate media follow up and its impact.

The 21st Anniversary of the Durban Declaration and Programme of Action exhibits the stigmatization and violence experienced by people of African descent. These people have witnessed hateful conspiracies, xenophobia, misogyny, white supremacy and amplification of Neo-Nazi ideologies; hence it can be contemplated that human rights have been consistently assailed. There is an urgent need for a new awakening recommending the ideology of “a fight against racism, xenophobia and related intolerance” to prevent the structural inequalities and transgressional affliction which have been entrenched in the generations of colonial abuse and enslavement.

The Competition Act of 2002 was passed to foster positive competition and eliminate practices that are harmful to consumers' ability to make informed purchasing decisions in the market. The Authorities charged with regulating competition across the world have always regarded cartels as a grievous sort of anti-trust violation. The elimination of cartels has been the most important objective of the majority of the world’s jurisdictions, thus the Competition Commission of India {hereinafter “CCI” or “Commission”} has not been an exemption for this pattern. As time has passed, the work of finding and punishing cartels has grown more difficult for those who oversee fair trade. As a result, to assist with the enforcement of laws, numerous nations, including India, have embraced leniency systems to empower organizations associated with cartels to reveal data about any current cartels in return for complete or frictional resistance from prosecution. In 2017, several amendments were likewise done to the Lesser Penalty Regulations, that altogether extended the extent of powers presented to the CCI concerning leniency programs in the nation. This article particularly deals with the recent developments concerning the leniency regime in India and its legal framework.

The origins of the space race could be traced back to Germany, beginning in the 1930s, with weapons development laying the foundation of space travel. With the expansion of ICBMs being the cornerstone of the invention of the rocket engine, it would be astute to claim that the very ideals of space travel have a basis on violent enterprise. Therefore, it comes as no small surprise that the current scenario of space exploration is headed towards a heated confrontation in space at some point in the future. Moreover, it is disturbing to note the complete lack of adequate provisions in international law that might prevent such a scenario. The author aims to trace the relation between the arms race and the space race, proceeding with the legal developments in this arena, to eventually conclude the possibility of an armed confrontation in space. Adequate suggestions might be explored to reduce the ambiguity in international acts and legislations, to formulate a solution that would be collectively beneficial to all parties involved

India is a developing country, and at the same time it is the second largest populated country in the world, which brings an challenging task to run the country with an effective and efficient manner, thus in order to resolve many issues government of India has launched a “MAKE IN INIDA” mission in which we will established all such things, which we import from rest of the world and try to finds its alternative option, basically we have to do all such possible things to minimise the import rate and increase the export rate, as the higher export rate is the symbol of growth. Make in India is just not a policy; it is a mission which includes various policies for the self dependant India, it is government flagship programme for the development. This Article is created with the aim of highlighting the government works and various policies for the betterment of India, steps taken by the government to make India a self dependant country, increase employment and foreign exchange, objective and reason of this mission etc

The concept of human rights is relatively new and a developing subject having concern with the political, civil, socio economic rights. It came into everyday parlance after World War II as there has been a united effort by the nations of the world to decide what rights belong to the people at large and how can it be protected and promoted. The crucial stage to recognise the rights against the tyranny and arbitrary exercise of the powers can be traced back to Magna Carta of 1215 AD in England. Thereafter, many recognitions of rights like Bill of Rights (1689), The American Declaration of Independence of 1776, The Declaration of Rights of Man and Citizens adopted by the National Assembly of France, 1789 added positive role to the concept of Human Rights. But none of this document specifically mentioned and recognised the concept of women’s rights. Inequalities between men and women have been an integral part of Indian families from many years. Women from all the ages have been victims of domestic abuse in one way or the other. It has been ages since they have been neglected even in their own homes without being able to raise their voice. The status of women in Hindu family has changed from time to time. Their position has been variously estimated and diametrically opposite views are exist regarding her place in different stages of civilization. On one hand she is considered little better than a slave condemned to drudgery, bought as a chattel and treated as such. On the other hand, those who have had anything to do with tribes reckoning descent from mother are likely to view a woman as the undisputed mistress of the family if not community life as well. Both concepts, are as far as the vast majority of the people are concerned, bound to be far away from actual state of affairs . The article will therefore include all the findings and suggestions as well.

The post of governor is a constitutional one, he is not reckoned as part of the legislative organ rather, he is considered to be the fountainhead of state executive machinery. The central object of the governor is to balance the interests of the union and the states and to ensure a smooth flow of powers without any overlap. The governor holds the office during the pleasure of the president, and, therefore, owes his appointment to the president. To fathom a smooth balance of powers between union and state the constitution has explicitly vested certain powers to the governor. Be that as it may, there have been instances wherein the governor has misused his constitutional powers, one such instance being during the appointment of the chief minister of a state in case of a hung assembly. Ergo, the authors through this paper intend to analyse the extent of discretionary powers of a governor vis-à-vis hung assembly. The authors have also traced the history of hung assemblies and brought out the recommendations and observations made by the various committees. Finally, the authors conclude by providing rational solutions to overcome the state-governor conundrum.

Plagiarism can be seen as a growing menace which today has become a punishable offence. Plagiarism is a process of borrowing somebody else’s hard work or idea and publishing it without giving the original owner any credit. The developing technology and internet has made it very easy to plagiarize the works as vast information is available on internet. Today we just have developed the habit of borrowing information from internet without giving a heed to the original source of information. There are various types of plagiarism. Paraphrasing is becoming a serious kind of plagiarism. Paraphrasing means borrowing the original idea of the owner and rewriting his work in different words. The most important question which we face is whether the practice of plagiarism is unlawful? Plagiarism in itself is not unlawful or illegal. It is just an unethical practice. But as soon as plagiarism violates the copyright law it becomes illegal and a punishable offence. Plagiarism no doubt is an intellectual property theft. There is an endless confusion that whether, copyright violation and plagiarism is one and the same thing. Although they may sound similar but they are quite different from each other. In India there are no separate laws to deal with plagiarism. There are no provisions under any law which clearly defines plagiarism and provides for the punishment. Plagiarism is dealt under Indian Copyright Act, 1957 as an offence of violation of copyright. To eradicate the plague of plagiarism from the field of academics, UGC has laid down certain guidelines to check and control plagiarism. UGC has also fixed penalties for the students as well as researchers for the commission of plagiarism. It is very important to create awareness and educate students about the perils of plagiarism. Only then this growing menace of plagiarism can be curbed.

The modern world's rapidly changing socioeconomic scenario necessitates a higher level of 'Emotional and Social Intelligence' in people. Emotion is defined as "any human being's reactive power or feelings; and intelligence as a way of using that emotion in certain places." "Emotions are our automatic responses to others, created by our thoughts, feelings, and actions, and they allow people to maintain their social belongingness" (Singh 2003). We may not realise it because we are human, but when we express sympathy to someone who is upset, we are displaying our emotional reaction and, as a result, our intelligence in the same situation. So, Emotional Intelligence is a way of expressing our emotions in situations where they are most needed. Emotion is the combination of love, care, hatred, anger, happiness, sadness, guilt, and excitement that we express to others (Singh 2003). Emotions are an individual's true feelings. Emotions are extremely important in our daily lives. In society, we can be happy or unhappy based on our own emotions. Not only does emotional intelligence matter, but so does social intelligence.

It wasn’t until the year 2017 that the Judiciary in India recognised the Right to Privacy as an inherent Fundamental Right under Article 21 of the Indian Constitution. The advent of social media and its growing influence on people, businesses and economies led to the emergence of numerous opportunities and violations of the right to privacy of the people. Recent studies reveal that there exists a void between the laws in place to curb these privacy breaches and the mechanism in order to implement these laws. According to a report from the National Crime Records Bureau, between 2012 and 2014, that is in just a span of two years, the number of cyber privacy related crimes have risen by 104% and this number is undoubtedly much higher in today’s world as the access to internet and social media is the highest and the easiest it has even been. This paper aims to bring about an understanding about the various threats to an individual’s right to privacy that has been conceived owing to the advancement of social media, and the laws in place to curb and regulate such illicit activities.

The significance of temporary restraining orders, sometimes known as provisional measures of protection, is rising in international law. These steps are intended to safeguard the parties' rights until a dispute is settled definitively. It has been disputed whether the Court has the authority to issue temporary remedies since the Permanent Court of International Justice was established in 1921 until it was replaced by the International Court of Justice (ICJ) in 1945. By ruling that it imposes binding responsibilities on the parties and that non-compliance might result in an instance of state responsibility and a cause of action, the ICJ put an end to that issue in 2001. However, there have still been lingering doubts on the overall efficacy of such interim orders. This article makes an attempt to understand the binding value of such measures and their efficacy.

"The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” - Caroline Kennedy. The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in their judgments. Rule of law has been declared by the Supreme Court as one of the basic features of the Constitution so it cannot be amended even by the constitutional amendment. So in brief one can say that the rule of law means the government of law, not men.

The citizens of India have various "FUNDAMENTAL RIGHTS" guaranteed by the Indian Constitution. These rights can be enforced in the courts. However, the government has found these rights to be "obstacles" to its policies on various occasions, particularly those concerning state security and social welfare legislation. As a result, the Parliament has altered these rights from time to time. The Fundamental Rights portion of Part three of the Constitution is one of the most often changed parts of the document. Fundamental Rights are those that are necessary for any human being's development. In their absence, no one can achieve the perfection of his life as a human being. As a result, these rights have a long and arduous history, and India is no different. Human history shows that in order to obtain these rights, humans must engage an endless and long war against existing authorities all across the world. The meaning, nature, types, extent, and implications of Fundamental Right under Indian democracy are the subject of this study. Fundamental Rights are those that are necessary for any human being's development. In their absence, no one can achieve the perfection of his life as a human being. As a result, these rights have a long and arduous history, and India is no different. Human history shows that in order to obtain these rights, humans must engage an endless and long war against existing authorities all across the world. The meaning, nature, types, extent, and implications of Fundamental Rights under Indian democracy are the subject of this study.

Purpose: This study highlights the grey area between national security and the individual right to privacy. Research implications: This research offers a preliminary understanding of the proportionality between the right to privacy of an individual and Government surveillance for national security purposes. Findings: The primary reason behind the existence of grey areas between national security and individual right to privacy is the unclear laws that regulate our nation. WhatsApp filed a petition before the Delhi High Court, contending the intrusion of the Indian Government to trace the originator of a particular message, could severely hamper the fundamental rights of the citizens. This would not have happened if India had proper laws and legislations that governed data protection and the right to privacy. Originality and value: This article also provides action-based solutions to eliminate grey areas in the field of surveillance. Aarogya Setu, Pegasus and other real situations have been analysed in this study.

The Kasepuhan Palace of Cirebon claims to own several land assets in Cirebon as a hereditary right (wewengkon) but are currently used and/or under the control of other parties without the Palace’s permission. One of these other parties is the State-Owned Enterprise of PT. Kereta Api Indonesia (Persero) or the Indonesian Railway Company, specifically their Operating Area 3 which covers Cirebon. They are allegedly utilizing the land belonging to the Kasepuhan Palace of Cirebon for their operations as well as to support their business activities. In this case, we will discuss the legal standing of the land in question after the independence period. This research is normative-juridical, and it employs several approaches; statute approach, conceptual approach, and case approach. The research specification used is descriptive-analytical which aims to describe the case accurately. The land belonging to Kasepuhan Palace of Cirebon has been holding wewengkon status since the British era, the Dutch era, the Republican Era and later into the Reformation era, meaning the land rights are inherited from the Kasepuhan Sultanate of Cirebon. However, the enactment of Law No. 5 of 1960 Concerning Basic Agrarian Principles subjected all lands to land reform, thus, transferring the rights to the state, as the land with weweongkon rights held by the Kasepuhan Palace of Cirebon was considered as swapraja or ex-swapraja (self-governing/ autonomous) land, and it was compensated for the rights transfer.

Corona virus has become headache for the world. Complete lockdown is the only solution to deceased its infection and many countries has followed the way of lockdown. But it increased the unemployment rate, mortality rate as well as the domestic violence rate and decreased the development rate. Frustration and unemployment has made the people violated. In Britain and in France, domestic violence has increased 20% and in France,the domestic violence case has reported with 30% increment. According to Bristol University's socialist Mariyane Haster , when people spend time together then it raises the possibility of domestic violence. Lockdown collected family members together but also brought the violence with itself. According to Harvard University's prof. Judith lavish harman, domestic violence is the control which was caused by a man who is locked at his place.

This paper discusses the issue of corporate responsibility towards workers after termination of employment, the purpose of this study is to find out the company's responsibility for workers due to termination of employment and to find out the judge's consideration of the termination decision in the decision of the central Jakarta district court. This research is of the normative juridical type of research. The approach is the Act's approach (statue approach). The data source uses primary data, namely laws, secondary data from scientific books and journals containing the opinions of experts and legal experts, and tertiary data in the form of language dictionaries, legal dictionaries, and encyclopedias. The data collection technique in the form of secondary data is the verdict of the case. Termination of employment results in a dispute over rights and obligations between employers and workers, the company is obliged to fulfil workers' rights after termination according to Article 156 of Law Number 13 of 2003 concerning Manpower in the form of severance pay, employment award money, and rights reimbursement money. With this dispute, there are 2 ways to resolve it, namely, outside the court of industrial relations and through industrial justice. In the decision of the case in this study, the judge's consideration is to grant the plaintiff's lawsuit in part. Then the employer must fulfil the rights of workers as his responsibility for the termination of employment.

India is taken into account as one of the biggest growing economies in the world. It is the world fifth largest country in the world, Agriculture is the primary occupation of nearly half the population. The agriculture sector employs nearly half of the workforce in the country. However, its contribution is only 19.9% of the GDP (at current prices in 2020-2021). Over the past few decades, the manufacturing and services sectors have increasingly contributed to the growth of the economy, while the agriculture sector’s contribution has decreased from more than 50% of GDP in the 1950s to 19.9% in 2020-2021 (at constant prices). The unprecedented agrarian crisis in India has now been affecting farmers across the country for nearly a decade. The Indian government is trying to fill the gap in many ways like giving direct transfers of a certain amount in Farmer's bank accounts, Ration on Low prices, fixing MSP, and Making an online market for easy access but Is this the right approach to handle India’s agriculture issues as we know that most of the families are not well educated and farmers often lack ways to get the maximum benefit of these initiatives and stay trapped in the vicious cycle. In this paper, we will see how Indian agriculture is facing setbacks, what is the present situation of Indian agriculture and where we as a Nation are slipping, and why the farmer suicide rate is increasing at an alarming rate. In India, more than half of the population is engaged in farming, yet the contribution of agriculture to Indian GDP is alarmingly low.

Groundwater continues to play the significant part in the lives of humans as it supplies the majority of the country's drinking water. Not only home users but the agriculturalists and industrialists also significantly rely on groundwater. Groundwater is under extreme strain worldwide because of indiscriminate, uncontrolled, excessive groundwater exploitation and use that has resulted in groundwater depletion and contamination. In this context, the article outlines and analyses the shortcomings of the legal structure governing the use of groundwater in India. The article also proposes some of the principles and norms that should mark the new legal framework governing groundwater use. Lastly, the article argues in favour of the Model Groundwater (Sustainable Management) Bill 2017 which inculcates most of the principles discussed in the second section.

The Constitution of India guarantees certain rights as innate and inalienable that include the Right to Equality (Art. 14-18). However, the sex laws in the Country are prejudiced, lacking gender-neutral language. For example, Section 375 of the Indian Penal Code 1860 defines ‘Rape’ as an act, as if, committed only by men and only against women. Such disproportionate articulations in the sexual offence related provisions, principally ignores the possibility of men and transgender being a victim and precludes the possibility of women being in the place of an offender. This paper in its introduction, explores the concept of gender neutrality and reviews various instances of gender bias and inequality present in the Indian legal system particularly relating to sexual offences. Due to lack of statistics in India on the subject of sexual offences against men and transgender, this paper presents a comparison based review of similar laws in few other Countries. Referring to a few cases filed in the Supreme Court and High Courts in India, this paper provides the views of the respective Judges and the Central Government on matters concerning gender neutrality in the sex laws. Exploring further, this paper details around the voids, perceptions and contemporary inclinations towards gender neutrality in the country. The paper concludes with a suggestion to reassess the sex laws in India through categorization of variable degrees of offences and clearing the existing gender bias to ensure equal justice.

Doctrine of Consideration has been a central principle in the Indian as well as the English Law. As per Section 10 of the Indian Contract Act, 1872, consideration forms an essential element to constitute a valid and legally enforceable contract. Any contract devoid of consideration is said to be void since the legal intention of the parties to enter into the contract cannot be determined sans consideration. Nonetheless, consideration must always move at the desire of the promisor. This was established in the landmark Indian case of Durga Prasad v. Baldeo and Ors. (1881). However, in contemporary times the Doctrine of Consideration is becoming redundant. Thus, this study aims to highlight the importance of the Doctrine, its redundancy and the reformations suggested by the 13rh Report of the Law Commission. Several case laws have been cited for gauging the concept of Doctrine of Consideration and its redundancy better.

The governor serves as the state's chief executive. The Governor's role and the President of India's are very similar. In place of the President, the Governor is responsible for the State. A governor serves as the state's executive head, and their duties are the same as those of the president of India. According to the Indian Constitution, the system of government is identical to that of the Central Government. He serves as the notional executive leader and a representative of the national government. In contrast to being the head of state as defined by the constitution, the governor has recently come under fire for functioning as the centre’s puppet and agent. There is different committee recommendation related to the governor. Apex court plays an important role whenever there is a dispute between the governor and chief minister of state. The purpose of this paper is to analyse the role of the governor, power, duties and the latest controversies between the governor and chief minister.

Despite minor advances over the past few decades, India's rape laws remain regressive and reinforce patriarchal gender norms. India continues to adhere to a law that is based on the idea of vaginal penetration by a man at a time when many nations across the world are moving toward gender-neutral rape laws to observe a person of any gender as a potential victim/survivor or perpetrator. This is a harmful stereotype that could rob a segment of society of justice, liberty, and rights. Utilizing auxiliary examination of hypothetical texts this research paper aims to explore the current gender disparity in existing Indian rape laws and the need to situate gender more appropriately in them, by pointing out defects in existing legal provisions and policies which are divided into five halves. This research will also put forward some theories which may be employed to enhance gender neutrality and minimize gender biases.

The impact of the Russia-Ukraine conflict can be deeply felt all across the globe. However, it needs to be acknowledged that this conflict, along with other crucial factors such as the socio-economic factors would determine war and peace in the world. The Ukraine-Russia conflict is only one of the many strands presently altering the contours of world governance. Substantial political developments are also taking place all across the globe, which will have similar if not more pertinence and relevance to the future of the international governance system. The entire world has been undergoing several political changes in 2022 but Europe has been the most affected and has undergone several major changes in recent months. The Ukraine-Russia war, political upsurge in Sri Lanka, election of a new Chancellor in Germany, political crisis in United Kingdom, India-China border disputes, etc have largely impacted the global politics. The role of international organisations like NATO, Quad, AUKUS, I2U2, G20, BRICS, G-7, etc is also extremely evident at present times. This research paper tries to analyse the incumbent global political arena amidst the various political churns and turmoils as faced by various nations all across the globe.

The concept of piercing the corporate veil is the weakest brick in the edifice of company law, which has the power to both uphold and break the very structure of a company. In order to maintain the balance and ensure the building of the company and everything doesn’t fall apart the said brick of the corporate veil needs to be placed right without moving it around too much. Over the years, there seems to be an increasing struggle of managing environmental concerns while maintaining the corporate veil, and due to the unprecedented environmental damage, this struggle has become a concern. This article attempts to deal with the determination of such placement with an ecological lens, by comparing the existing structures within India and USA. For this purpose, it has been imperative to understand the difference between piercing the veil and lifting the veil as only then could we draw the blueprint of the future action plan. We have then delved into both statutes and precedent-based doctrines in both the said nations. The said analysis has helped reach the conclusion that if used right, then the concept of piercing the corporate veil can be used as an effective tool to address environmental concerns.

The booking of cases at the international airports or elsewhere does not result in the conviction of the accused under the Act. The empowered officers/departments are mandated to comply with the provisions under the Act. It is noted that despite the detection of cases, there have been serious infirmities which have crept into the prosecution’s case in cases booked at the international/domestic airports and elsewhere. Lapses which could have been easily avoided have crept into the prosecution’s case and accordingly on account of a number of defects, we see a very low rate of conviction. Even if the prosecuting agency has secured a conviction, the Hon’ble High Court has overturned the conviction. The need of the hour is for the empowered officer/department to go in for capacity building and reach out to that Institution for effective training of the empowered officers at various levels in the interest of the empowered departments/officers.

Till very recently the persons with disabilities were largely excluded from the purview of anti-discrimination and human rights laws. The legal recognition for them was confined to the spheres of welfare and charity law. Though this was only a partial recognition which undermined them as equal citizens at par with their able-bodied counterparts, the situation underwent a radical change, especially in the aftermath of global disability rights movement since the 1970s. This movement culminated in the adoption of the United Nations Convention on the Rights of Persons with Disability and also it’s Optional Protocol on 2006 (UNCRPD). Despite the fact that they are positive steps-forward, there were still huge problems underlying these rights of persons with disabilities. Although, the existing human rights laws seem to provide equal rights for the disabled, in reality these instruments have failed to protect the human rights and fundamental freedoms guaranteed to disabled people. In the national scenario in spite of four major legislation relating to disability and the comprehensive disability legislation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995(PWD Act), the lacuna and defects in the legislation was realised very late which ultimately resulted in the Rights of Persons with Disabilities Act, 2016 (RPWD). In spite of all these developments in the disability legislation the human rights violations against these persons are still prevalent and in fact more rampant in the midst of COVID pandemic. Their condition was likely to be worsened if the government proceeded with the amendment to the RPWD Act, 2016, to decriminalize “minor offences for improving business sentiment and unclogging court processes.” All these call for a need to look into the evolution of the law, its development both in the international and national scenario and the recent move of the government to amend the legislation opening up once again the imminent question as to whether the rights of the persons with disabilities are truly protected.

Education is the most basic and yet very essential part of human life as it develops the moral, intellectual, and spiritual aspects of humans. The expansion was always seen in education to meet the rapidly changing environment. The Indian education system has undergone several changes starting from the Vedic period to the Mughal and British periods. Former Prime Minister Mrs. Indira Gandhi's cabinet implemented the first education strategy in 1968. The second education policy was developed by the Rajiv Gandhi government in 1986, with minor changes made by the Narasimha Rao administration in 1992. In the post-1990s period, a significant shift was seen in higher education but expansion during this period took place in the private sector which mostly benefitted the privileged class. After this, no invaluable change has occurred in education. In such a situation, this new education policy, which came after 34 years, seems to show a glimpse of a new light. In this article, I want to depict the changes brought in the education policy and the direction given to society from the social point of view.

Leading questions can be a significant contributor to a non-sampling error in survey research. Leading questions can be subtle, even inadvertent. How can social scientists remove such leading questions from their own questionnaires? Tapping the wisdom of the legal profession may be part of the answer. Leading questions are often disallowed in US courtrooms. Therefore, US courts, jurists and legal scholars have devoted attention to exactly what makes a question a leading question, literally for centuries. Here, we explore what that legal debate has to teach modern-day social science researchers. By cataloguing and categorizing over two dozen legal definitions of “leading question,” dating back to the eighteen-hundreds, we find three dominant tactics, or pathways, which convert a question into a leading question. First, strategic use of facts may nudge the respondent towards a specific answer. Second, the very form of the question can suggest an answer. Last, the question’s frame (context, or questioner intonation) may steer the respondent. These concepts are explained and examples are provided. Many years of legal practice have demonstrated there are times when leading questions are allowable, when best avoided, and when there are particularly insidious. These are discussed, and guidance for social scientists is presented.

Insolvency refers to inability of any legal person to discharge all its debts as they become due. In context of the Company‟s laws, the word "Insolvency" has been used or defined in India as per Section 433(e) of the Companies Act, 1956. Before introducing the Insolvency and Bankruptcy Code 2016, there was no specific single laws in India to deal with the matter of insolvency and bankruptcy. There were multiple overlapping insolvencies and laws like SICA (Sick Industries Companies Act 1985), BIFR (Board for Industrial and Financial Reconstruction Act 1987). The Insolvency And Bankruptcy Board Of India is a Regulatory Authority which regulates the law and registered entities under it and brings Rules and Regulations, amendments, and notifications in the Code. The Code provides for insolvency professionals as intermediaries who would play a key role in the efficient working of the bankruptcy process. One of the features of the Code is the creation of “IU”. The IPA is any person registered with the Board under section 201 as an insolvency professional agency. NCLT is the jurisdiction and adjudicating authority for Corporate Insolvency and Liquidation of corporate persons. The Insolvency and Bankruptcy Code 2016, is a vital reform that will make it much easier to do business in India.

Corporations or legal entities from time to time increasingly have an increasingly important role in human life, can help raise large funds needed by humans, but behind that corporations can also commit a crime or criminal act. Legal Subject of Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption are Humans and Legal Entities or Corporations. Law enforcement against the two legal subjects is handled differently, the human legal subject is easier to handle but for the corporate legal subject there is a problem. The research was conducted with normative juridical research, descriptive and exploratory research. Problems that arise from law enforcement against corporations in eradicating corruption are weaknesses in their legal structure, weaknesses in legal substance, weaknesses in legal culture and weaknesses in procedural law.

Euthanasia is defined as mercy killing. It is the practice of putting death on a person who is suffering from a painful and incurable disease. Euthanasia is of two types active euthanasia and passive euthanasia. In the former type of euthanasia, a person is killed by lethal injection for example, while in the latter type a person is put to death for example by withdrawing the life-supporting system such as taking off the artificial heart-lung system. The primary aim of this research paper is to critically analyze the case of Common cause v. Union of India which is a landmark case on euthanasia in India. Along with discussing the above case other related cases also have been discussed in detail by critically analyzing them. A comprehensive discussion is made in this paper on issues related to euthanasia such as legal, moral, ethical, social and religion-based issues. Various sources have been used by the researcher in this paper such as case laws, legislations, articles, scientific journals, holy books etc for conducting effective research. In this research paper, an attempt has been made to see whether the decision given in the above-cited case laws is correct or not by comparing it with foreign nations to India. Euthanasia has a lot of issues. If it’s legalized in every part of the world it may be misused. There can be an increase in the rate of people opting for euthanasia.

COVID-19 came at a time when banks were finding it difficult to handle an upsurge in fraud instances. Though banks have not yet completely grasped the significance and effects of the present environment on matters related to fraud, it appears that the banks have accepted that the outbreak might result in an increase in frauds, according to Indian banking fraud survey, deloitte, 2022, there are 78% chances that frauds might climb over the next two years. Hence, the present article aims to comprehend how banks handle fraud risk, how new operational models affect fraud risk management, and ideas on future strategic investments with special reference to India. The findings of the research article will have an impact on the discussions and debates among banks, regulators, and practitioners about how to address (and reduce) the fraud and compliance risks that are now present in the environment.

This study aims to describe the restoration of environmental functions due to criminal acts by corporations as additional criminal sanctions regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (after this referred to as the PPLH Law). In particular, this research thoroughly examines the Yogyakarta District Court Decision Number 129/PID.B/2004/PN.YK related to the crime of environmental pollution by the Yogyakarta Locomotive Depot. This research is normative legal research with a case approach, a statutory approach, and a conceptual approach. Based on the results of the study, it is known that in order to comply with the court's decision, there are efforts made by PT Kereta Api Indonesia (Persero) to "recover the polluted environment so that it can be used as before according to its designation" as ordered by the Criminal Court Decision Number 129/ PID.B/2004/PN.YK, including a. Draining Residents' Wells and Water Sources, b. Construction of Catch Wells by PT Kereta Api Indonesia (Persero), c. Installation of drinking water company facilities for affected residents and reimbursement of usage costs.

Advertising one’s own products through electronic or print media is one of the best ways to reach the target population. Advertisements leave an impression on the consumer and helps them choose the product which will be the best fit. The advertisements inform the buyers about the essential attributes of the product, its quality, price and why it should be chosen. The storyline of the advertisement, the voice-over, the product, the jingle and the affixed trademarks all contribute to the decision that the consumer makes on seeing the advertisement. Companies often use the tool of comparative advertisement to brag about the qualities of their product. In doing that, there is a very thin line that, if transgressed, becomes a case of disparagement. While the constitutional guarantee of freedom of speech protects commercial advertising, there are certain dos and don’ts that the advertisers need to be careful about. The statute on trademarks and the various case laws provide principles to prevent the infringement of the trademark of the competing product through disparagement. In this paper, the author will discuss these principles and the legal extent of comparative advertisement. The paper is conceptual in nature and the analysis will be conducted with the help of the Trademarks Act, 1999 and a few English and Indian case laws. The aim of the paper is to understand the grey area whereby companies transgress and go on to denigrate the competing product through their advertisements. A study of these principles will help us understand the ways in which one can prevent infringement of others’ trademarks through comparative advertisement.

Amazon has grown tremendously over the last decade, becoming one of the most successful and powerful companies in technology and beyond. Its success can be attributed primarily to its management board, which made wise investments in technologies, allowing Amazon to create one of the most integrated supply chains in the commerce industry and beyond. However, maintaining its growth is extremely difficult, especially in such a volatile and competitive market. According to this, industry 4.0 has a high potential as a technology that could help Amazon strengthen its supply chain and maintain its position as the leader in many industries, primarily e-commerce and cloud services. Among the initiatives that Amazon must undertake is to strengthen all of its information systems against cyber-attacks and to maintain its position as one of the leading companies investing in new technologies such as the cloud via its subsidiary AWS, especially since all projects launched or expected to be launched by Amazon will benefit directly or indirectly from the cloud, particularly Prime Video, Amazon's video-streaming service that will serve as the underlying technology for all of its services. Furthermore, increasing the gap between the company and all other companies in cutting-edge technologies such as robots and autonomous vehicles would allow the company to create a blue ocean far away from the traditional competition. Finally, some industry 4.0 technologies could help the company enhance its distinct and excellent customer service paradigm. Despite all the changes that Amazon need to adopt to implement the technologies of industry 4.0, some strategic decisions need to be taken in term of the organisational capability by the fact that the decision must be taken by the whole committee and not just one person to avoid repeating the failure of pets.com. Additionally, the company must change its missions, which are primarily focused on one sector, e-commerce, although it is now very successful in many sectors.

This paper deals with the interface of Constitutional law and Economics of India and its impact on the same. A case where gender inequality has arisen controversial inequality in the global Indian society resulting in accelerating the existing misogyny in India. This paper examines the depts of such behaviour with respect to economic principles.

When parties enter into a contract there is a huge probability that one of the parties is going to breach the contract. In this scenario mitigating the damage done to the other parties becomes quite a difficult task. The court here needs to decide upon various types of breaches for simplification of remedies and sort the matter. The author tries to differentiate between the types of breaches and also verifies them through various cases. The case laws show how the actual progress has occurred in providing relief to the damaged party over the period of time. Various doctrines have been devised through these case laws which the author tries to decode here. Although we have adopted the India Contract Act, from the English back in 1872, it has progressed magnificently and new additions have been made from time to time and it has transformed into something quite different from what it actually was. The law has definitely not been static in any sense and we Indians have given a new perspective to it sometimes even going back on what was originally stated. Through this paper, the author tries to explain the meaning, nature, and purpose of different types of breaches in contract law as well as sheds some light on the remedies available for the injured party, with the help of cases laws. It also compares and contrasts different types of breaches of contract and tries to go into their fundamentals and the reasoning behind the remedies.

Souss Massa, one of the most prosperous regions of the kingdom, its geographical centrality, its economic and natural assets, as well as its significant social potential will enable it to become a future economic pole linking the northern and southern parts of Morocco, despite the challenges it faces. The current contribution is an attempt at a literature review, intending to highlight the various potentials of the Sous Massa region as well as his Majesty King Mohammed VI's new projects and vision for such a historical region.

When two persons get married, they are meant to live life with dignity, health, interpersonal understanding, love, freedom, respect and comfort. All these are the essentials one aims for in a married life. In a country like India, we can see that there is certain kind of male dominance in the society. Due to do this prevalent male dominance, the spousal relationship of men and women is affected. People are of the opinion that, women are property of men and they hold complete control and supervision on them (women). This thinking is also accompanied with male chauvinism. Now, if we closely look at the purposive essentials of married life, (discussed above) and match it with the male dominance, then can we say that married women are living a healthy and happy married life? Men, treating women as their property, end up doing exploitation of women in numerous ways. This exploitation can be of mental harassment nature, sexual harassment nature and also exploitation relating to freedom, respect in the family and all around in the society. Now, people may say that, yes! Domestic violence is a kind of exploitation of women, not giving enough freedom, being disrespectful towards them and torturing them all these are ways mental exploitation or mental harassment. But how sexual harassment is possible in married life? When a woman legally married to a man, has sexual intercourse with her own husband, how can this be dealt as sexual harassment? How a sexual intercourse between a legally married couple lead to Rape? Is the consent not implied in sexual intercourse between a married couple? All these questions highlight the point of concern and aim behind writing this research paper. The paper aims to throw a light on the serious issue that directly impacts the women of our country i.e., what actually marital rape is, the definition and importance of consent in marital intercourse, why marital rapes being heinous offences are still not criminalized and what norms and laws can be implemented in order to protect women against marital rape. We will also have a look on certain petitions, debates and key judgements to get a clear picture of the present scenario and find ways to get rid of it. We are aware about rapes being serious and prevalent form of violence against women but we also need to understand that Marital rape is also a global and traumatizing problem affecting millions of women round the world. In the countries where marital rapes are not criminalized, there marital rapes are frequently underestimated because the concept of extremely challenging passive permission or consent, supports the legitimate and societal implications of sex in marriage. Looking deep into the definition of consent and elaborative view of marital rape, this paper tries to present all the necessary aspects one should must be aware of.

Man is curious by nature. His inherent lust for social and economic development has led to tend out new ways as a source of all-round progress. The anxiety of man to lead happy and prosperous life has also played a vital role in course of development and so technological development does not stand still. The ICTs and Internet have changed the style of working, communicating, and doing business almost touching every aspect of life. And this created cyberspace; a virtual world as it generates a virtual interactive experience accessible regardless of geographical location. In this space individuals or netizens can interact, share information, exchange their ideas, conduct business, create artistic media, get entertained, provide social support etc. This virtual world i.e. cyberspace and the real world impact each other. With the coming of new Information and Communication Technologies and the Internet, there is a growing misuse side by side, the scenario has changed. On the one hand, new technologies have facilitated the commission of old crimes by the bad elements and at the same time, new crimes have originated commonly called cybercrime. The Internet is acting as a double-edged technological weapon. On one hand, it is providing so many benefits in the form of different services whereas, on the other hand, it is also an extremely powerful tool in the hands of bad elements for committing cybercrime.

In India, A multi-layered legal framework for dealing with insolvency was complicated and not in line with global standards. The insolvency and Bankruptcy code has been set up to consolidate and amend insolvency laws to simplify and expedite the insolvency proceedings. Insolvency and Bankruptcy code promote entrepreneurs, increase the credit supply and protect the interest of shareholders, this research paper provides a summary of Insolvency laws before and after the Insolvency and Bankruptcy code 2016 by focusing on Insolvency legislative framework and insolvency resolution in India.

In many jurisdictions, including India, the relationship between intellectual property rights and competition law has not been resolved and has remained a moot point. On the one hand, competition law acts as a check on the use of dominant positions for unfair advantage by outlawing anti-competitive practises and agreements. On the other side, patent laws work to stop the production and sale of patented items without authorization or a licence. The two may initially appear to be at odds, but this has been shown false over time because organisations that are focused on innovation are the ones that compete with one another, fostering competition for innovation. Both systems are anticipated to act complementary to each other, as they intend to vitalize innovation, industry, and competition. But in some ways, they also complement one another. IPR offers the potential for technological innovation, which in turn produces more products and leads to the product's dynamic growth, which is regarded as one of the objectives of the competition policy. When an IPR holder exercises rights, it may be subject to the requirements of competition law, particularly if doing so has a negative impact on consumer welfare or amounts to abuse of a dominant position. Regarding the Competition Commission's authority to enforce its jurisdiction over the patentee's right to prevent competitors from using its protected technology, there have been divergent opinions. The Hon'ble High Court of Delhi was recently presented with this issue in the matter of Monsanto v. Competition Commission of India for invention. In light of the foregoing, this paper seeks to illustrate how Patent laws support the current competitive strategy, which adheres to fair market conduct and also puts emphasis on the goal of patent laws with regard to Competition Law. It also look into the overlap while discussing landmark precedents.

Women's safety in India has always been a source of concern. The issue has taken on a more ironic tone as a result of the government's many programs for women, including "Beti Bachao Beti Padhao," "Ladli Laxmi Yojana," and "Sukanya Samridhi Yojna." Such occurrences are neatly blamed entirely on women and are reported every day in the nation. The majority of the time, the family essentially kicks the rape survivor out of the house in the hope that doing so will at least spare them further humiliation and shame. These women typically have no other choice except to commit suicide. Few of them receive financial assistance from their families and relaunch their lives. Women face harassment not just at night or in the evening, but also during the day at their homes, places of employment, or other locations like the streets, clubs, etc. The survey reveals that the lack of a gender-inclusive environment and inadequately functional infrastructure, such as the use of alcohol and drugs in public places, inadequate lighting, unsafe public restrooms, unsafe sidewalks, an ineffective police force, a lack of properly functioning helplines, etc., are the main causes of sexual harassment. This article discusses crimes against women, women's protection, the legal system under various laws, and what the government should do to improve the status of women in society.

The International Labour Organisation (ILO), played a larger role in defining the dignity attached to the work and the worker. This has not created a dispute free industry, rather the labour legislations in India have given the workers the access to justice and the management, with the rules to run a smooth business in consonance with the provisions of the Constitution of India. In the Information Technology Sector, there is a practice in prevalent which is called as the ‘Bench management’. The Banking sector adopts a policy known as the ‘Performance Improvement Plan’. Both the procedures lead to downsizing of its employees at its own will. The question arises as to what are the factors that make the employees feel satisfied with their job leading to testing their level of satisfaction in terms of ‘job security’, ‘salary satisfaction’, ‘job mobility’ and ‘overall satisfaction’ to ascertain the level of harmony in the two different service sectors. For the purpose of this study, the research is restricted to two companies TATA Consultancy services and Hong Kong and Shanghai Banking Corporation Limited (HSBC). The researcher has conducted the survey amongst 500 IT employees and 100 Banking Sector employees.

Encounter killings are nothing but human rights violations, wherein the police themselves execute a person summarily or arbitrarily, instead of bringing him before the Court of Law. In such incidents the police assume the role of investigator, adjudicator and the executioner. This act of the police is now being perceived as quick justice. But apart from it being illegal and contrary to the law, there are numerous problems associated with it. The main reason why people are reposing their faith in this barbaric method of the police instead of the Judiciary is the huge pendency of cases before the Indian Courts. This shows that the condition of the Criminal Justice System in the country is extremely problematic.

This paper intends to enumerate various aspects of Intellectual Property (IP) protection for a computer programme and related functions. Every effort to finely express the ability of the human mind is needed to be appreciated highly. This is a basic assumption that again justifies the concept of proprietary interests in such intellectual works. Computer programs have designed human lives easier. From the initial stage of enabling smooth computation of accounts, it has become an integral part of our daily lives. So, the upgradation was very drastic and thereby advantageous. The easiness of illegally accessing or copying made it crucial to ensure protection. The entire article further deals with the limitations of each regime in providing adequate protection to computer-related inventions. This means the current IP regimes are not efficient to ensure adequate protection for computer programmes and software. It was the trade secret and contractual obligation that has been used as a protective shield for software. Later on, the scope for reverse engineering became a barrier. Now, various nations use copyright and/or patents for preserving these inventions. Although these are also not that much efficacious to safeguard computer programme. The emergence of free open-source software has resulted in dwindling the relevance of giving protection to software and computer programmes. In the present scenario, it is considered the strength of the producer to assure the protection of his invention from exploitation or infringement. This article contains cases from different legal systems and it enables to get the evolution of legal protection to computer software. Further, it includes Non-Fungible Tokens as an alternative to Intellectual Property Protection to Computer programs.

The development of information and communication technology has helped fade the existing boundaries between countries. There are positive impacts such as saving human labour and unlimited access to knowledge. As a result of these increasingly advanced technological changes, the revolutionary era began to change towards the era of society 5.0 which was promoted by the Japanese Government. This research uses a descriptive-analytical method of collecting data through library research, both from the library and from the internet in the form of laws, expert thoughts, and research results published in journals. The challenge of the legal profession in the era of society 5.0 requires the ability to respond to changes in skills (legal knowledge and assimilation of information technology), understanding, knowledge and moral ethics of Pancasila. The opening of many fields, in the field of law such as the emergence of new legal institutions. In the era of society 5.0, the field of legal education must begin to prepare legal experts, students, and lecturers who are still professional in their respective fields without leaving the nation's main value, namely Pancasila.

Canada and the United States, two of the largest countries on earth that proudly welcome immigrants, have long been major actors in the international refugee protection system. Canada has a long history of providing humanitarian aid and, in particular, defending refugees. However, both countries have recently backtracked on their previous protection obligations by placing a higher priority on law enforcement and reducing their commitments to civil liberties and refugee protection as a result. These trends have accelerated since September 11, 2001. This article will provide an overview of and comparison of the asylum decision processes in Canada and the United States, paying special emphasis to the non-entrée measures used by both nations to prevent or even forbid potential asylum seekers from submitting claims on their territory. It will highlight regretful alterations to the agendas of both countries. The article shall further contrast the measures that the two nations have implemented on a few particular asylum difficulties at the same, stressing their various detention practices and their growing readiness to cooperate on a regional level. The asylum procedure in Canada will be discussed first, with a focus on the new procedural limitations. Following that, we will repeat the process for the US and highlight some of the parallels and discrepancies between both systems. Finally, we will look at some of the more significant Canada-United States joint ventures, including the most recent "safe third country" arrangement between the two countries.

Consensus decision-making is prevalent in the WTO system's decision-making process. The analysis of the common consensus mechanism is the primary focus of this research article. The consensus norm represents the idea of national sovereignty, which is based on the idea that all countries are equal, regardless of their size, economic might, or political influence. However, it has some disadvantages, so it also makes an effort to highlight the implications of the consensus mechanism in the context of developing countries. As a result, suggestions are made for using consensus to make decisions while taking developing nations into account.

In the aftermath of the disintegration of the former Soviet Union and the re-emergence of Central Asian republics as newly independent states in the early 1990’s, the Energy Charter Treaty [ECT] was envisaged as the multilateral legal instrument to undergird new global energy relations. The ECT seeks to offer comprehensive coverage of legal issues around international energy trade, transit, foreign investment, and dispute settlement. Despite its global ambitions as an institution, the Treaty, in practice, is mostly relevant in the energy relations between Europe and Central Asia. With Turkmenistan and Afghanistan being members of the ECT, the TAPI (Turkmenistan- Afghanistan- Pakistan-India) Pipeline Consortium being registered as an ECT Contracting Party entity may have significant legal implications for all States concerned, especially with reference to the construction and operation of the proposed TAPI Gas Pipeline Project. The present study seeks to critically review the promise and limits of the ECT framework from an Indian perspective.

The oldest penal institution is actually the jail which is commonly known as prison in the countries. As a democratic and socialist Nation, it is expected to protect the basic rights of prisoners. Human rights jurisprudence advocates that no crime should be punished in a cruel, degrading or inhuman manner. On the contrary, it is held that any punishment that amounts to cruel, degrading or inhuman should be treated as an offence by itself. This article talks about such good changes. This article also deals with international laws. This article includes international Human rights laws like the UN charter and the Universal Declaration of Human Rights. For making it more rational and practical, the authors added the role of the judiciary in preventing the right of prisoner’s rights. This article also includes some constitutional provisions as well as some important case laws to enhance the structure and standard of the article. The right to prisoners also has been mentioned in this article.

The civilising mission carried by the Europeans in the colonies was an extremely brutal process based on the notions of superiority and religion. The importance placed in universalism and conformity, which was claimed to elevate the lives of the colonised people seen as underdeveloped, ironically lead to loss of life, property, culture and identity. Colonialism was not merely established through warfare, but by also psychologically attacking the very core of these societies. This violence, weather physical, mental or emotional, was actively backed by law, as the legislative body was made up of the colonisers controlling the State. The independence struggles of these lands fought in order to declare themselves a sovereign was fuelled by the promise of putting an end to this violence. However, in States such as USA, Canada, Australia, etc., even post decolonisation, the indigenous communities continued to be systematically marginalised by the independent state and the earlier notions of ‘civilising the savages’ continued to exist. Moreover, the state continued to use legislations in order to further their interests and justify their actions. Hence, criminalisation and punishment emerged as one of the primary tools used by the State to discriminate against the natives, continue violence upon land and people, and impose their ideas of life on them. This paper aims to critically analyse the evolution and current state of the criminal justice system and the irrefutable influence colonial past has over it through the example of USA. More specifically, the paper draws a parallel between the pattern of civilizing indigenous communities in the colonial and decolonised world through legislations, where they are viewed with a bias, while reflecting on the justifications provided for the same.

The civilising mission carried by the Europeans in the colonies was an extremely brutal process based on the notions of superiority and religion. The importance placed in universalism and conformity, which was claimed to elevate the lives of the colonised people seen as underdeveloped, ironically lead to loss of life, property, culture and identity. Colonialism was not merely established through warfare, but by also psychologically attacking the very core of these societies. This violence, whether physical, mental or emotional, was actively backed by law, as the legislative body was made up of the colonisers controlling the State. The independence struggles of these lands fought to declare themselves sovereign was fuelled by the promise of putting an end to this violence. However, in States such as the USA, Canada, Australia, etc., even post decolonisation, the indigenous communities continued to be systematically marginalised by the independent state and the earlier notions of ‘civilising the savages’ continued to exist. Moreover, the state continued to use legislation in order to further its interests and justify its actions. Hence, criminalisation and punishment emerged as one of the primary tools used by the State to discriminate against the natives, continue violence upon land and people, and impose their ideas of life on them. This paper aims to critically analyse the evolution and current state of the criminal justice system and the irrefutable influence colonial past has over it through the example of the USA. More specifically, the paper draws a parallel between the pattern of civilizing indigenous communities in the colonial and decolonised world through legislations, where they are viewed with a bias while reflecting on the justifications provided for the same.

The concept of human rights are not the new one, every era defines and addresses these rights in different ways and by different names. But, after the Universal Declaration of Human rights, every country collective accepted the value of human rights. That’s why they recognized various rules and laws for the protection of human rights at the national and international levels. Human rights help human beings to live a dignified life. The word ‘dignify ‘make the scope of human rights limitless. To get fast justice without delay also comes under the ambit of a dignified life. But the pendency of cases in the courts makes it hard for people to get justice at the proper time. It further weakens the faith of people in justice which results in the failure of law and order in society. Because for maintaining law and order it is important to impart punishment to the accused at fast as possible which helps to cure the wounds of the victim and society. But another impact of pendency and delay on the accused who is innocent and spent the whole of his life in imprisonment without any fault has no way of compensation. The accused who was falsely charged with a crime and then acquitted after several years, without holding anybody accountable for spoiling his life is a big joke. He has no way to get a dignified life because stains of stigma never fade. So for protecting the human rights of the accused it is very important to decide his case as soon as possible and fast without any delay because nobody can return one s lost respect and dignity. So making laws and setting up courts are not apt for maintaining law and order in society. More important is to provide justice without any delay because justice delayed is justice denied.

The National Company Law Tribunal (NCLT) is a quasi-judicial body that adjudicates issues relating to Indian companies. It was established under the Companies Act, 2013, and was constituted on June 1, 2016 by the Union government. It was based on the recommendation of the Justice Eradi Committee on the law relating to insolvency and winding up of companies. All proceedings under the Companies Act, including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, shall be disposed of by the NCLT. It is tasked with the key job of helping recover corporate loans. The NCLT is the adjudicating authority for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016. Decisions of the NCLT may be appealed at the National Company Law Appellate Tribunal (NCLAT). The NCLAT decisions can be challenged at the Supreme Court on a point of law. The government has appointed Justice Ramalingam Sudhakar, former chief justice of Manipur High Court, as the current president of the National Company Law Tribunal (NCLT).

"A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, song, movie or software." This article deals with the protection of our original art, literature and cultural work in the cyberspace. The article makes a tingling remark on fair use of copyrights in the virtual world, giving the possibilities of how they can be infringed and what are the laws for it. It also talks about what is the scope of copyright protection, how countries are affected by it, and the laws governing it.

The national security of a nation is the core of its existence. To protect the national interest, every state has to enact counter-terrorism laws. In India, such a law was necessary after the 26/11 attack. Several instances of terrorism activities led to the enactment of various anti-terrorist legislations. The Parliament of India has time and again enacted a series of National Security and anti-terror laws such as the Preventive Detention Act (1950 to 1969, Maintenance of Internal Security Act (1972 to 1977), National Security Act (2019), Armed Forces (Special Powers) Act (1958-Present), Terrorist and Disruptive Act (1985 to 1995), etc. all in the attempt to uphold the sovereignty, security, and integrity of the nation. However, the aftermath of the anti-terrorism initiative developed a ‘tendency towards normalising the extraordinary’ by institutionalising such robust anti-terrorism laws to ensure national uniformity without ‘formal derogation of the fundamental and human rights obligation set by the state. In this paper, the authors have attempted to discuss and analyse the evolution of UAPA law through the years. The laws are analysed with respect to its impact on fundamental rights and the concerning violations of the same for the purpose of maintaining national security. The paper discusses the history of this legislation with particular attention to UAPA and its 2019 amendment. The author further discusses how these amendments Increasingly violate human rights under the guise of maintaining national security. The author argues that specific provisions of the UAPA amendment 2019 infringe fundamental rights. This paper shall analyse how this legislation’s trajectory demonstrates the rationale used to persecute freedom fighters during the British colonial regime and endures present-day India as well. It points out specific and obvious gaps like the absence of a clear and structured definition of terrorism and finally, would suggests a way forward.

Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1861 during the British rule of India. Modelled on the Buggery Act of 1533, it makes sexual activities "against the order of nature" illegal. On 6 September 2018, the Supreme Court of India ruled that the application of Section 377 to consensual homosexual sex between adults was unconstitutional, "irrational, indefensible and manifestly arbitrary", but that Section 377 remains in force relating to sex with minors, non-consensual sexual acts, and bestiality. This paper will explain the decriminalization of homosexuality in India.

The Indian constitution guarantees the right to equality to every individual, by Article 14. But, when it comes to personal laws, this concept is jeopardised, as different personal laws carry different approaches toward gender identity. Although through various judicial interpretations, the judiciary tries to harmonise the concept of equality with the personal laws, the flaws still exist and religious resistance and influences have been often limiting the scope of application of these personal laws. Muslim personal laws are intriguing, where long interpretations and expertise in the religious text verses should be known for the application of the law. Through the recent legal development, such as the Triple talaq case, the court played an important role in interpreting the personal law by holding the constitutional values, and declaring practices like Triple talaq as unconstitutional. Such a progressive approach has also been taken in the present case which has been subjected to case comment. Through this Case comment, the author here tries to analyse various aspects such as the Competency of a Muslim mother to Act as a Guardian, whether a Personal law can be considered a ‘Law’, the scope of religious sources in interpreting an Individual’s, right, and finally analyses the validity of the partition deed executed on the behalf of the minors.

The author’s objective is to examine the extent to which the ICC respects Due Process, the rule of law, rights of suspects and victim’s reparations. The rights of an accused are linked to the right to a fair trial under International Human Rights Law and International Humanitarian Law and the enforcement of this right at the national, regional and international levels. The minimum guarantees exposed in this human right are discussed in the light of the process of arrest and surrender of persons to the Court. Questions discussed include: what effect does the infringement of these rights have on the arrest and surrender of a person to the Court and on the trial of the accused persons a whole and whether there are circumstances surrounding violations of the rights of the accused that would be so grave as to call for his or her acquittal, or mitigated sentence? The author tries to establish the fact that the ICC in its judicial organization and functioning to a greater extent respects the principle of due process. This can be viewed from its triggering mechanisms, temporal, territorial, subject matter and personal jurisdiction. The respect of due process by the ICC can also be viewed from its admissibility assessment which is mainly about the principle of complimentarity. This article examines the principle of due process visa Vis the ICC. It also discusses the creation of the ICC and It’s of the opinion that except for some loopholes, the International Criminal Court which is the only permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of international concern to a greater extent respects the important principle of due process. This article also exposes the fact that the International Criminal court has led to tremendous development in International criminal law.

Long days ago, there was all kind of work which is only done by the humans. There were no such machines and technologies like today. At that time, science is not developed and technologies were not invented. So the working is totally dependent on the peoples and humans have recognised that “Today‟s science is the tomorrow‟s technology”. New superiorly advanced technologies are not less than blessing of god. Adaptive inventions for reducing the human work and bright future were invented which is simply called as Artificial Intelligence and Machine learning. Even though there were many false assumptions at the early beginning, we are witnessing a new era of errorless technology and superior science. This review involves the general concepts of artificial intelligence and machine learning.

Capital punishment or the death penalty has always been a topic of contradiction not only in India but also in several developed countries. In India, the motive for providing punishment is based on two aspects; the first is that the offender should suffer for the pain and injury he/she cast upon the victim and another motive is to discourage others from committing wrongs by sanctioning punishments. This paper focuses on capital punishment in India which is also known as the death penalty which is awarded by the court in very rare cases. Furthermore, this paper also knows the history of the advent of the death penalty and probes the constitutional validity of capital punishment in the context of the Indian judiciary. The study aims to identify the constitutional validity of the death sentence and to understand the value of differing judicial opinions on its constitutional validity.

The research paper on the topic ‘Application of microeconomic tools on market present in the Airline Industry’ aims to apply various concepts of economics such as the law of demand and supply, cost, revenue and pricing strategies to the airline industry. The paper also aims to explain the impact of Covid-19 on the airline industry. First and foremost, the author takes a glance at the market structure of the industry. Next, the author analyses the impact of several market factors on the demand and supply in the industry. Subsequently, we delve into the nuances of cost, revenue and pricing strategies alongside proposing solutions to the businesses on how to improve the pricing and revenue aspects in their respective ways. In the final segment of this paper, we study the effects of the Covid-19 pandemic on the airline industry and the economy in general.

This analysis aims to investigate the risks and challenges that may stem from the granting of legal identity or agenthood to AI technologies. The author intends to outline the various policy approaches and practices of legal identity and agenthood of AI technologies and furthermore provide an outline of a number of the opinions that the consultants within the field have expressed. The author intends to specialize in the legal perspective however different views, like ethical or philosophical, will be mentioned as necessary. the most purpose of this thesis is to be a guidepost to understanding this and future scenarios concerning the granting of a legal person or agenthood to AI technologies.

Violence against women is a universal and widespread human rights violation that affects at least one billion women worldwide. It is estimated that around thirty-five percent of women across the world experience physical and/or sexual violence. This violence includes emotional abuse, trafficking, infibulation, unwanted or coerced sex, and marital rape. The purpose of this study is to analyze the various issues faced by women and how they deal with it and the author also analyzes the laws of India, which are currently concerned with the protection of women from all forms of violence. This research is not limited to the analysis of domestic laws, but also the laws of the abroad. The focus is on interpreting legal provisions to protect rights and provide simple solutions to the problems women are facing.

PURPOSE: By 2024, the world would cradle in the lap of the "Angstrom" era of the Semiconductors. It is no surprise that the leaders of the veteran and emerging world powers are laying ceaseless emphasis on consolidating a comprehensive and resilient Semiconductors Wafers’ capacity. Be it the U.S. President, Joe Biden, who issued the Executive order 14017 on February 24, 2021 called "America's Supply Chain" or the Prime Minister of India saying: “…we can move towards an India that is a hub for Semiconductors for the world in the coming years” , it becomes vehemently significant to audit the genome of the laws which govern the simple as well as advanced flow of technology acting as a strengthening/ hindering factor in the designing, manufacturing and downstream uptake of this like-gold-dust backbone of the global economy called the Semiconductors. When the planet was already under the painful pandiculations from the early spasm caused by the pandemic and the climate change, Russia's war on Ukraine squeezed out the last node that felicitated the unremitting supply chain of the Semiconductors, worldwide. What the intercontinental acquaintance suffered as a result was, the disruption in the flow of the supply chain of a commodity which hegemonies the living customs of humanity, ranging from their cell phones to automobiles to bank ATM machines. RESEARCH METHODOLOGY: The method, hence, employed to baste the research around the article, circumferences along the rims of various primary and secondary sources which have been duly recognized and acknowledged throughout the article, in an appropriate manner. The sources include newspaper dailies, profuse number of political as well as apolitical books by authors stemming from diverse fields and statistics are being supported by the mentioning of the news channels which released the data, henceforth PRACTICAL IMPLICATIONS: This article is investigative in nature which aims at opening the floor for substantial critiquing, constructive debating and exploratory to invigorate more awareness about the novel issues at hand. Therefore, this article doesn’t advocate any concrete conclusions at the behest of their applicability; rather, it looks forward to set peripheries that could be swelled and pushed forward, further, with more considerable arguments.

Climate change is a wicked problem. It presents compound problems with no straight answers. For human civilization to benefit, it is of utmost importance that the international law is clear on this. India, a developing nation which has to sustain both economically and through climate change efforts has to go a long way. India has had policies and laws but, there still remain certain inadequacies. This paper will highlight the same and delve into what noble tools can help India in charting the correct path toward climate change adaptation and mitigation.

Client interview is a skill of an advocate to obtain relevant information from the client, to identify the nature of legal problem from the information, to reach a potential solution for the legal problem and to establish a relationship with the client. Every lawyer learns the law, some become leading counsel others are not. A lawyer who gets a number of cases is presumed to be a leading counsel. Getting cases depends on skill in handling clients vis-a-vis handling cases. It is briefed here that the skill in handling clients.

Sri Lanka started as a land of opportunities. It appeared to have a fine mix of tactical location in the Indian Ocean, uncluttered economy, high level of education, lack of inequality, robust export sector, effective government, and place among the most prosperous Asian nations. Then, what are the reasons that a country with so much potential cannot even pay for the fundamental needs of its citizens and what went wrong with Sri Lanka? The study talks about historical developments of the Sri Lankan economy, how it missed the train of globalisation, the involvement of the international community in the destruction of the Sri Lankan economy, and how it was exploited as a “Guinea Pig” by the Chinese and Indian aspirations for becoming a global hegemony. The study is going to address a panoramic view of Sri Lankan crisis; talks about, how the smaller and promising countries like Sri Lanka are subject to the will of the larger forces like India, China, USA, how Sri Lanka found itself stuck as the battleground for the power struggle in the region and how the small, embattled country is striving for its territorial integrity, sovereignty and even its ecological preservation.

Media is the main organ and fourth pillar of the democratic government. It plays a role in keeping check and balance of government authorities. Trial by media is the consequence of a trend known as 'Media Activism,' where the media and social media tools are used for various purposes, such as protests and demonstrations to raise public awareness and effect change. It provides an opinion to the public at large; diverts a situation that may be negative or positive. Sometimes it tries to creep in functions of the judiciary. Due to the media's interference judiciary has been taking much time to deliver justice. Suppose the media has unlimited or somewhat uncontrolled freedom in releasing facts about criminal cases. In that case, it affects the thinking of the public a lot leading them to decide on the guilt of the suspicious. A suspect seems like he would have already been proven guilty much before the Court’s trial, and there will be severe prejudice against the suspect. We need a strict step towards professional conduct and provision for media. If we talk about pandemic time, media play a negative role, including covid news or high-profile cases like Tablique Jamat and Sushant Singh. However, it has also distributed awareness regarding vaccination and covid protocol positively. This paper covers the function of the media in our country in the scenario of covid 19. It talks about how effectively or adversely the media handles it. The research paper will address the critical question of how media trial impacts judicial trial during covid or pandemic.

Consumer protection laws often attempt to protect the financial interests of consumers, provide them the freedom to make an educated decision, and grant them recourse in the event of a problem. Legislation can contain regulatory instruments that define a duty of disclosure, a complete ban on deceptive and aggressive behavior, a ban on unfair contract terms in specific types of contracts, and more. In an online setting, the same holds true, albeit legislation frequently needs to be revised to clarify coverage, as is explained in more depth in the following section. The majority of nations in the world have consumer protection laws in place, and many of them have taken measures to include internet transactions. To some extent, this has been achieved through the "regionalization" of consumer law and policy, with cooperation occurring between the EU, ASEAN, and APEC to varied degrees, or through collaborative endeavors by the BRICS countries. United Nations International Trade Law Commission (UNCITRAL) and UNCTAD, OECD, and ICPEN have all achieved some global success in international trade law enforcement (ICPEN).The image is completed by civil society organizations like Consumers International (CI) and consumer organizations worldwide. Consumer law has unavoidably evolved into a more international issue in a global economy, whether one that is digital or not. However, continued regulatory divergences and friction indicate that overall governance has not kept up with market trends.

A child means every human being below eighteen unless the age of majority is attained earlier under the law applicable to the child. Adopted by the United Nations in 1989, the CRC is an international agreement legally binding on the parties signatory to it. It is based on four basic principles: 1. Non-discrimination (Article 2), 2. Best Interest of the Child (Article 3), 3. Right to Life Survival and Development (Article 6), and 4. Right to be Heard (Article 12) The Constitution, in its Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy), guarantees rights to the children of India under the articles mentioned below. Right to Constitutional Remedies when Rights of Children are Infringed If the above-mentioned fundamental rights are infringed, the appropriate courts may be approached. The constitution has provisions for constitutional remedies in Article 328 and Article 226. The research paper showcases other policies in India that have been taken to safeguard the rights of children and various steps to protect the children as well. Children, owing to their developing minds, are vulnerable to their environment. It is of utmost importance that such an environment is suitable for their growth and development, regardless of whether such child conflicts with the law or not, and be given adequate care and protection of the law. No nation can flourish if children of such a country suffer; therefore, with the help of various international, national, and state mechanisms, India tries to secure children's rights, as discussed above.

The international legal protection to the investors against the actions of the host-state may emanate from any organ of the host-state, and it may be related to any function of the state, whether legislative, executive, or judicial. However, given the peculiar nature of the judicial acts, questions have been frequently raised about how far these ‘independent’ acts can be subjected to investment claims before the ‘international’ investment treaty tribunal. In this backdrop, this pioneering and award-winning work addresses the above significant need by critically examining the investment claims involving the Judicial acts in investment treaty arbitration.

The pharmaceutical industry is a complex industry for competition law authorities around the globe as defining relevant market in the industry has been highly intricate. Traditionally to define the relevant market in the pharmaceutical industry competition authorities have employed therapeutic and chemical classification, which is a starting point for determining the relevant market. However, the use of this classification is not binding and has its own set of concerns. A civil court of Venice (Italy) has deployed a different approach other than the traditionally used therapeutic and chemical classification in defining the relevant market in abuse of dominant case against Glaxosmithkline SpA (GSK), a drug manufacturer in Italy. Present paper revolves around the competition law aspects of the judgment as it is of great interest in the field of pharmaceutical industry with respect to the principles of Competition law applied in the industry.

Medical malpractice refers to the negligent act or omission by a hospital, doctor or other health care personnel which causes an injury to the patient. Now, when harm is caused to the plaintiff, the people associated with the causation of such harm bear sole responsibility, also known as medical liability, to compensate for the same to the aggrieved party. It is a broader term which also includes acts of medical negligence within its ambit. This paper is organised into three parts. The first part elaborates on the terms ‘Medical Malpractice and ‘Medical Negligence’. This part tries to explain that while both these terms overlap with each other but they have some distinctions as well. The second part lays down the prerequisites or ingredients, namely the Existence of duty of care, breach of such duty of care and damages resulting from the such breach for establishing the tort of medical negligence. The third and the last part delves into the various remedies available to the aggrieved party against medical malpractice. The disciplinary remedy, the civil remedy and even the criminal liability can be invoked if any injury is caused by such negligence is expounded in the last part.

Dr. B.R. Ambedkar, in his closing speech on the Draft Constitution, expressed emphatically the need for India to be shaped into a social democracy, which would in turn serve as a strong foundation of India’s political democracy. Social democracy is a way of life which recognises liberty, equality and fraternity as principles of life. The Indian Constitution and the fundamental rights guaranteed by it have functioned as the tailwind propelling our society towards attaining this goal of a social democracy, and one of the Rights which has played a weighty role is the right to equality. The right to equality before the law and equal protection of the laws is one of the bedrocks of the Indian Constitution, and in furtherance of this right, the Indian judiciary has consistently recognised gender equality as a fundamental right. While on the one hand gender equality is extensively recognised and celebrated, on the other, various statutory and personal laws across India have provisions which are inherently discriminatory towards women in varying measures. In this Research Paper, the authors delve into and examine a law of the State of Goa, the Devasthan Regulation, 1933, which governs the administration of Hindu temples in Goa. The terminus a quo of this analysis revolves around particular provisions of the Regulation which restrict the right to administer the affairs of a Hindu temple only to male descendants of the founders of the temple, which provisions are juxtaposed with precedents discussing the right to gender equality; and thereafter with possible defenses which could be raised to save such provision from being declared unconstitutional by judicial review.

The Internet has facilitated the seamless globalisation of markets. The way that businesses are run has undergone a true revolution. A company with an Internet connection has immediate access to the entire world and is always linked without spending any extra money. Through E commerce, a paradigm shift has occurred from paper-based transactions to entirely computerised businesses. Using information and communication technology, a new industrial revolution has been sparked. As more companies migrate parts of their activities online, the lines separating "traditional" and "electronic" trade will become increasingly hazy in the near future. However anxiety abounds because consumers are wary of dealing with dishonest vendors and service providers as a result of ongoing online fraud and unethical business practises. This paper covers the comprehensive evaluation of the recently passed Consumer Protection (E-commerce) Rules, 2020 in light of the robust growth of e-commerce and changing consumer preferences. Important conclusions include the need for a safe and reliable system for online businesses and how the Act and Rules have reformed the consumer jurisprudence.