Issue Archive · Open Access
Volume V - Issue V / 2022
Articles · 132
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Jurisprudential Status of Animals
Legal Counselor at Al Jabal Consultancy, BahrainPages 01 - 07In the biological sense, animals are eukaryotic organisms and include all the kingdom Animalia members. In colloquial usage and as far as a layman is considered, the term ‘animal’ denotes every other being other than Humans. These beings that belonged to the category of non-humans were considered mere things or objects of interest in the ancient world. The human population exploited the animals for food, apparel, and other accessories. The animals are also used for experiments, research studies, transportation, agriculture, and sports. Alongside, a wide variety of animals are kept as domesticated pets, including mammals. Though the ancient view of animals as objects has been diluted, most of these situations have not changed, and a considerable dilemma exists in identifying the animal’s status. The role the animals play as a companion to humans often clashes with their existence as individuals that deserve rights of their own. A wide variety of essentials and factors must be considered to comprehend the actual status of animals. The paper attempts to ascertain the present-day status accorded to the animals and how far it differs from the earlier jurisprudential quality of mere property consideration. For this purpose, both the philosophical view of the jurists and the history are traced to get a comprehensive idea about the status that was earlier accorded. Then towards the conclusion, concerning the analysed history, the present-day level of animals is compared and contrasted.3,290 views -
Why not Hire-Purchase: A Critical Examination of the Consumer Credit Act No. 29 of 1982
Deputy Registrar at Institute of Human Resource Advancement, University of Colombo, SrilankaPages 08 - 13Hire-Purchase agreements have become a common method for individuals seeking to purchase movable properties in Sri Lanka due to some of the conveniences it provides in comparison to some of the other modes which are available. However, often individuals get into trouble by not knowing the full implications of the rights and duties of the respective parties to such a contract and hirers find themselves at a distinct disadvantage due to the existing law and the lack of knowledge. This paper aims to bring some insights into this issue and to clarify matters for the parties concerning their respective rights under a hire-purchase agreement pursuant to the Consumer Credit Act No 29 of 1982 in Sri Lanka.2,499 views -
Legitimacy of Emergencies under Article 352 and Grounds for Proclamation in India
Student at Jindal Global Law School, IndiaPages 14 - 20The three emergencies carried out under the powers provided in A. 352 were constitutionally valid. Due to the loosely drafted phase of ‘internal disturbances’ in the article, politicians have been able to exploit and abuse the integrity of their service, office, and tenure. After the dismissal of the emergency, speculation about its validity and safeguards were provided for by the Legislature and Judiciary. But the Legislature failed to take any actions against the abusers owing to its function; Judiciary could not take any action due to the absence of a competent court. Grounds of Proclamations have undergone amendments after 1978 and have provided for more safeguards. Courts have enhanced their position by providing for judicial intervention wherever possible.5,707 views -
Consumer Legal Protection in Online Trade Transactions in Indonesia
Faculty of Law, Slamet Riyadi University, Surakarta, IndonesiaPages 21 - 33The implementation of buying and selling online is one of the things that is in demand by the public where consumers can collect various information about the goods to be purchased and compare prices from various regions so that it can facilitate the purchase of these goods. Trade transactions through electronic systems in Indonesia continue to grow. As a transaction that has special characteristics that involve parties across jurisdictions without having to meet physically, legal protection is needed for consumers. Electronic transactions are legal actions carried out using computers, computer networks, and/or other electronic media. Violations of consumer rights, especially in electronic transactions, need to be addressed by laws and regulations. This research is descriptive analytical, which describes or describes accurately the form of legal protection and dispute resolution in trade transactions through an electronic system based on rules, norms, principles and synchronization of laws and regulations. The results of the study show that the protection of consumers in trade transactions through the electronic system cannot be carried out optimally because the regulation is still scattered in several laws (UU) that require implementing regulations. Meanwhile, in the case of consumer disputes, the parties can take the court route or outside the court according to the agreement of the parties, but online dispute resolution alternatives can be implemented in full.2,193 views -
The Invisible Strings of NFTs and IP
Junior Lawyer at Office of Adv P.K Roy, IndiaPages 34 - 41In this technological era, over the few years, we are witnessing unprecedented phenomena’s that emerge from nothing and yet possess the power to revolutionize the entire world and the legal system. NFT means "non-fungible token." In simpler words, an NFT can be described as a digital asset which links ownership of anything to unique physical or digital items, which includes various works of art, real estate or properties, music/sounds, or any forms of multimedia. In short, anything that can be digitised can be turned into an NFT. This possesses a characteristic of Intellectual Property as the blockchain will publicly record the sale or purchase of such NFTs for everyone to view, and the owner of an NFT will have the records of his ownership available publicly for anyone to verify; NFTs are bought and sold through the blockchain. In most cases, purchasing an NFT grants the owner some basic usage rights, such as the ability to publish the image, video, or audio files online. However, even if we were to assume for the time being that the NFT qualifies for copyright under Indian law (let's say that an amendment is brought about to that effect), what rights does the author grant to the initial purchaser of his NFT? The authors of this paper try to analyse and understand the rights, relationships and various characteristics between the Non-Fungible tokens and Intellectual Property Rights.3,345 views -
The Application of Fundamental Rights in Contract Law: A Critical Analysis
Student at National Law University, Delhi, IndiaPages 42 - 49The aim of the contract law is to govern the relation between contracting parties but when it comes to the fundamental right, these rights are assured rights given by a state to its subjects. The provisions of the contract law should be interpreted in such a manner so that the fundamental rights of the parties should be protected, especially when the case of unequal bargaining is there then the horizontal application of the fundamental rights must be there. In this paper, the researcher has tried to deal with the question, Whether the application of fundamental rights in contract law can have a harmonising effect?2,538 views -
Necessity of Providing Specific Reasoning under Section 439
Student at Jindal Global Law School, IndiaPages 50 - 53Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. Chapter XXXIII of the Code of Criminal Procedure talks about bail and how bail is given in India. This paper aims to briefly study all relevant sections of bail while giving special effect to Section 439 of the Act, as to how these powers are used and how they are being used in recent times. This paper will look into the special power of the courts in regard to bail. This paper will also look into how with regards to this section, how courts are deciding bail pleas without giving a specific reason. This paper will take a deeper look into the recent judgement of the supreme court in regard to the Rajasthan HC order granting bail to the appellant, accused of rape of his niece - Allowed - The impugned order passed by the High Court is cryptic, and does not suggest any application of mind.1,869 views -
Paradox of Concurrent Jurisdiction in Consumer Cases
Assistant Professor at Institute of Law, Nirma University, Ahmedabad, India.Pages 54 - 59On April 7, 2022, a three-Judge Bench of the Honorable Supreme Court of India in Experion Developers Pvt. Ltd Vs. Sushma Ashok Shiroor held that Consumer courts are empowered to order refunds and compensation to aggrieved consumers in case of delayed possession as per the agreement. The judgement focuses on the contentious issue of concurrent jurisdiction in consumer cases. The Consumer Protection Act (CPA) is designed to uphold consumers’ rights and covers various goods and services. Section 100 of CPA, 2019 provides, “The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force” It is in the backdrop of the said provision that the issue of concurrent jurisdiction arises. Many times, there are more than one alternative available to an aggrieved consumer to redress grievances. This article examines the issue of concurrent jurisdiction in consumer cases.7,068 views -
Legal dynamics of Live-In Relationship in India
Student in IndiaPages 60 - 70'Try not to jump to conclusions too quickly' goes the well known saying. This is valid for live-in-connections. The more youthful age have out and out various assumptions from connections and accomplices, than their ancestors. Individuals are selecting late relationships or no relationships by any means. Right to live with an accomplice of one's decision is an important incidental of right to life and individual freedom ensured under Article 21 of the Indian Constitution. The Supreme Court has, in a few decisions, held that live-in-connections are not unlawful. This paper aims at analysing the Live-in Relationships in legal perspective.2,395 views -
Legal Protection for the Doctor Profession in Indonesia
Faculty of Law, Slamet Riyadi University, Surakarta, IndonesiaPages 71 - 81Health is one measure of the success of human development, and of course without human health it will not be productive to live an economically viable life and have a good education. accordance with Pancasila and the ideals of the Indonesian nation as referred to in the 1945 Constitution, everyone has the right to quality, quality and safe health services, and that is the human right of every individual. Doctors as people who have knowledge in the field of health have the appropriate authority and permission to carry out health services and examine and treat patients. This research have purpose to measure the legal protection for the doctor profession in Indonesia, method that used for the research namely the legal research method normative sourced from literature study in the form of legislation in the field of health and medicine, as primary legal material, as well as other literature in the form of legal articles and written information from internet on health law, medical law and malpractice medicine as a source of legal material secondary. Every doctor in Indonesia must have a Registration Certificate and Practice License before he can practice medicine. Dispute resolution should first be through mediation, or reported to the authorized institution to consider violations of medical discipline. Lack of socialization causes the general public to become less familiar with MKDKI, so they use legal channels.1,535 views -
The Various Facets of Criminalization of Marital Rape
Student at University Institute of Legal Studies, Panjab University, Chandigarh, India.Pages 82 - 86The institution of marriage is one of the building blocks of our society, unifying a man and a woman into a sacred and sacrosanct relationship. In a marriage, the husband and wife are expected to sail the ship of life together, standing by each other’s side and cooperating in social, financial and emotional matters. Sexual intercourse, as a man’s basic need, and also as a means for procreation of children, is one of the primary expectations of the partners entering into a union of marriage. It has been an often raised question that whether the husband and wife are expected, at all times, to give into this expectation of fulfilling the role of a sexual partner and that their consent does not matter, given they’re perceived as one entity or whether the concept of individual autonomy transcends into the institution of marriage as well? This article deals with the complex issues arising out of the subtle nuances of marital relationships i.e. balancing individual autonomy vis-à-vis maintaining harmonious marital relationship. It puts forth the effect of exception of marital rape, provided under the IPC, on the indispensable right to life and personal liberty and other rights flowing from Article 21 of the Indian Constitution, like the right to sexual autonomy and right to privacy. Moving along, it takes note of the relevance of consent in the context of a marital relationship. Further, it takes into consideration and addresses the fears and apprehensions of supporters of the marital rape exception, like breaking down of the institution of marriage and creation of a new offence. And lastly, it deals with the effects of criminalization of marital rape.1,554 views -
Scope of Entrepreneurship in Agro Industry in Bihar
Student at Sharda University, IndiaPages 87 - 97Bihar is third most populous state in India, with total population of 124 million (12.4 Crore) with its immediate successor Maharashtra and Uttar-Pradesh, agriculture industry of Bihar engages about to 77% of workforce and does 38% contribution in State Domestic Product. Agriculture sector in Bihar is plunged with several difficulties like flood, disguised employment, lack of agriculture infrastructure and modern technologies, leaving behind 40.4% of population BPL (Below Poverty Line) but this was not always. Major crops produced in Bihar are rice, Wheat, Red-Gram, Fox-Nut, Maize, and Sugar Cane, in fruits Mango, Lychee, Banana, in fiber Cotton, Silk and etc hence, Bihar has huge potential to not just fulfill its economic need but to serve the needs of nation and also effective management of agro-based industries can eradicate problem of poverty for Bihar. The healthy management of agricultural sector of Bihar will attract agro-industries in Bihar, resulting in Employment Generation, Eradication of Poverty, Rise in per-capita income, and Improvement in standard of living and lot more. Hence this research paper to grope scope of entrepreneurship in Agro-Based Industry in Bihar leading towards economic advancement and self-sustenance.2,118 views -
Comparative Analysis of Inspection, Survey, Search, Seizure and Arrest under the CGST Act, 2017, Customs Act, 1962, Prevention of Money Laundering Act, 2002 and NDPS Act, 1985
Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, IndiaPages 98 - 171Keeping in view the varied Acts being implemented by officers, a comparative analysis of the provisions of inspection, search, seizure, survey, arrest under CGST ACT, 2017, Customs Act, 1962, Prevention of Money Laundering Act, 2002 and NDPS Act, 1985, discussed in the article, becomes inevitable for proper implementation of these Acts. What is specifically required to be noted that the authority for each of the actions are different under different Acts and the officer exercising the powers are required to make note of the same. Inspection is a new concept introduced in CGST Act, 2017 and while the CGST Act, 2017 is an amalgamation of the provisions of Central Excise Act, 1944, Finance Act, 1994 and the VAT laws, there was no concept of Inspection under any of the Central Acts. Similarly, the powers of search, seize and arrest are different and except for the NDPS Act, 1985, we have a system of quasi-judicial proceedings in all other laws discussed herein. The NDPS Act, 1985 is in many ways different from other Acts discussed herein and requires mandatory compliances of the provisions of the NDPS Act, 1985 and the laws laid down by the Hon’ble Supreme Court of India and various High Courts.1,893 views -
Pages 172 - 186Discrimination and shrewdness toward the transgender community are obliterating the fundamental principles of humanity to play a role and succour honesty. Seeing people treating transgender itself reflects the level of immaturity and the need to make them feel disassociated. 'Coming out which sites a person divulges their sexual orientation to the world and is a segment of the LGBTQI+ community. The dilemma is, what is the 'requirement for coming out? This analysis on reparative therapy deliberates upon the societal views with respect to the LGBTQIA+ community and the immense amount of prejudice associated with these terms as well this article aims at bursting the bubble and myth of conversion therapy. In order to elucidate the meaning of this therapy, it describes the types also the origination of the same. Followed by its adverse effects on the victim both physically and mentally. In this research work, some of the paramount landmark case laws have been discussed, and how their judgments have impacted society along with the reasoning of the judiciary. Besides international law and human rights, moreover, the model has demonstrated that it is pivotal to have a separate statute for the same.1,247 views
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Let’s talk about Caste by Facts: A Study of Schedule Caste and Schedule Tribe in India
Faculty at George School of Law, India.Pages 187 - 194Though mostly outlawed, the Indian caste system continues to be one of the key players of inequality, poverty and discrimination in India. This article is trying to explain the myth and reality of the caste system. Data wise, a large number occupy top positions by upper caste people whether it is public or private institutions, not SC, ST. Traditionally the maximum land is occupied by general caste people, and SC and ST are dependent on wage labor. So this article provides a logical answer to this type of growing debatable topic. There is a glimpse of similarity between the caste system and world system theory. It also focuses on the unholy nexus between caste and alienation in India.1,518 views -
Custodial Violence: Horrendous Crime in a Civilised Society
LL.M Student at Babasaheb Bhimrao Ambedkar University Lucknow, India.Pages 195 - 210Custodial violence, perhaps one of the worst crimes in a civilized society is a matter of concern for many reasons. Custodial violence, including torture and death in the lock-ups, strikes a heavy blow at the rule of law, which demands that the powers of the executive should not only be derived from law but also that they should be limited by law. The law of arrest expects both individual rights and the state’s collective responsibility toward society. In most scenarios, it becomes a challenge to strike a perfect balance between both. Transparency of action and accountability are possible safeguards to prevent abuse of power to arrest a citizen. Custodial violence broadly includes custodial deaths, torture, and as per the new trend in the crime pattern, even custodial rapes. Custodial Violence in India is widespread, unaccounted for, and rarely prosecuted. It contributes to the state of anarchy and lawlessness in many parts of the country. Violence is used as a cheap and easy method of investigation and also as a tool for oppression. It is almost an unwritten understanding that when an officer asks his subordinates to ‘thoroughly interrogate a suspect’ it would simply mean ‘torture’. In the case of D. K Basu V State of West Bengal, the highest body of justice, the Supreme Court, had clearly stated, “Custodial torture is a naked violation of human dignity. The situation is aggravated when violence occurs within the four walls of a police station by those who are supposed to protect citizens”, also paying consideration to the tediousness of police task in yielding control over its civil population. Human Dignity is the highest form of fundamental right respected even by our most powerful and prestigious statute book, the Indian Constitution. When an individual is taken under custody, it means that he/ she becomes the legal property of the state, which also means the state and its missionaries become their legal guardians and all its institutions are at their disposal to reprimand them as well as guard them. But the idea of state custody has become so alarming that society fears cooperation and even the notion of police and police stations.1,480 views -
Medical Negligence and Fixation of Liability under the Consumer Protection Law in India
Research Scholar at Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 211 - 215The medical profession is one of the noblest professions and, it preserves to save lives. They provide vital services such as the promotion of health and prevention of illness etc. Mistakes are an inevitable part of the human being. The outcome of deficiency in service is negligence. Patients, as a consumer, have their rights to be protected. The Consumer Protection Act, of 1986 has been replaced by Consumer Protection Act, 2019 with the aim to establish authorities for effective administration and settling consumer disputes in speedy manner. When we touch on the topic of medical negligence, it should be seen in two ways that are individual as a doctor as well an employer level. The author has discussed various case laws to clearly understand Medical Negligence under consumer law.1,749 views -
Doctrine of Non Application of Mind
Student at Symbiosis Law School Noida, India.Pages 216 - 220For ensuring that the hearing is fair, attention needs to be paid to application of the mind. Due consideration should be given to pleadings, contentions, proof and material reports that are difficult to give, yet that is what is generally anticipated of an individual apportioning equity. The dispute between the litigating parties might be satisfactory, contentions comprehensive, and proof significant; yet, without active application for the most part present by the individual concerned, a hearing would be unjustifiable and useless. Not using your mind is, consequently, deadly to a fair hearing. It not only makes the decision ultra vires, as well as the choice but also becomes "malafide". Under this classification, courts practice judicial command over discretion given to the administration, assuming the administrative authority has either given up its power or has placed restrictions on its exercise. When power is provided to an administrative authority, the concerned authority should practice that power by applying its psyche to the case. Where the authority relinquishes its power, e.g., Abdicating its capabilities, acting under the advice of another agency, and does not exercise due care, there is an inability to practice discretion.2,923 views -
Altering Landscapes: An Insight into Social Media Influencer Marketing
Research Scholar at Faculty of Management and Commerce, Baba Mastnath University, Rohtak, Haryana, India.Pages 221 - 230Although influencer marketing has grown in popularity, many companies are still unsure how to effectively utilize the power of social media stars to build their brands and expand their customer bases. To better understand how content brand strategy is applied through events, the authors of this paper propose and explore the usage of social media influencer marketing. Companies can easily include a marketing campaign into their preexisting strategy for promoting the brand or product. This article explores the categorization of influencers and their traits and demonstrates the influence of influencers by determining their success level. It has been found that social media and influencer marketing can significantly affect business decisions.1,281 views -
Technology Crime and Organized Syndicates in Cybercrime: Critical Analysis
LL.M. student at Sardar Patel University of Police, Security and Criminal Justice, Jodhpur, Rajasthan, IndiaPages 231 - 250Cybercrime is one of the most dangerous crimes in the world. It is one of the most serious offences these days. Cyber is a new technology and within two minutes we will see one recent case related to fraud, extortion, hacking, phishing, and etcetera. This crime is committed by organised syndicates and the mafia. They are making this threat in this world and also doing online black-marketing through the dark web and earning black money from these illegal activities that are creating fear in society day by day. It is out of control. Every day we see another type of cybercrime being done by hackers for illegal money. Even cryptocurrency, Doge coins, and bitcoins are not safe from this crime. The cyber invaders are nowadays expanding their more sophisticated gears to cause destruction and, therefore, the effects are also severe Syndicates are earning digital money. This paper is going to talk about cybercrime and how its deals with organised crime cybercrime are not limited to computers; they also include smartphones. How the mafias have ruled over cybercrime over the last two decades, it is one of the fastest-growing criminal activities against individuals and businesses. Syndicates are doing illegal work day by day and affecting society at any cost. In this paper, the researcher is going to narrow down the concept of cybercrime to contemporary issues related to the present scenario.1,528 views -
The Hotbed of Financial Racism: Religious Institutions
Student at Bharati Vidyapeeth New Law College Pune, IndiaPages 251 - 254The weakness and decay of Indian society was evident to educated Indians, who started to work systematically for their removal. They were no longer willing to accept the traditions, beliefs and practices of Hindu society simply because they had been observed for centuries. As a social reformer(s), Shri Rammohan Roy fought relentlessly against social evils like sati, polygamy, child marriage, female infanticide, and caste discrimination. Shri Debendranath Tagore, the father of Shri Rabindranath Tagore, was responsible for revitalising the Brahmo Samaj. Shri Keshab Chandra Sen set up schools, organised famine relief, and propagated widow remarriage.1,392 views -
Privacy and the Development of Personal Data Protection Legislation
Student at BMS College Of Law, Affiliated to Karnataka State Law University, India.Pages 255 - 264This paper delves into the pivotal aspect of privacy under Article 21 of the Indian Constitution and also the development of Personal Data Protection in India. In the backdrop of various socio-legal changes that are brought into light, data privacy is a reckoning area in the era of digital economy. The absence of such legislation today is unimaginable and untenable; however, India is in the lime-light of great strides continually made in the field of Data Protection and Privacy. There have been a lot of recommendations, not only to protect the privacy of the individual but also to secure the interest of the businesses alike. There is still a lot left to be included in the bill on how it stands today. But, in the field of technology which is ever growing, the law governing it is in need of persistent change. Therefore, an analysis is needed of the same at regular intervals to keep up with changing circumstances and also check the effectiveness of implementation.1,439 views -
Electricity: A Fundamental Right
Student in IndiaPages 265 - 267Fundamental rights are a group of basic rights that an individual is imperative to. These rights have been recognized by the apex court of India as requiring a high degree of protection from government encroachment. These rights have been constituted under part III (ARTICLES 12-35) of the constitution of India and guarantee civil liberties so that an individual can live peacefully and harmoniously.1,255 views -
Autonomous Weapon System and International Space Law
LLM student at University of Cambridge, England.Pages 268 - 289This paper primarily concerns itself with an analysis of the present outer space laws for regulating the Autonomous Weapon System and the potential gaps that need to be covered with adequate legal instruments. The normative structure of outer space law to the use and deployment of the Autonomous Weapon System or AWS in outer space; next it shall highlight the inadequacies in the present legal regime. The paper essentially concludes that the regulation of AWS in outer space is possible through the existing general international law/UN Charter and international space law. The re-interpretation of Article 2.4/51 of the UN Charter coupled with an effective interpretation of International Humanitarian Law that can bring possible coherence to the international space law regime as it exists today. Such rational interpretation could certainly be a solution for better management of AWS in outer space. And can create efficacious legal regime for the future.1,548 views -
Witch-Hunting in India: Causes, Justification and Solution
Research Scholar at National University of Study and Research in Law, Ranchi, Jharkhand, IndiaPages 290 - 305We all have grown up listening to stories that involved within it some form of narrative that did not have a scientific explanation but at that point of time we could never realize that such stories would ever become a reality and that to a very dangerous one where the life and liberty of a fellow human being would be of no consequence. Killing in name of Witchcraft is nothing short of such a horror story becoming a reality where people especially women are declared to be a witch having some supernatural powers to control people, and events, that cause diseases and kill people are being lynched, thrashed, and raped across countries. The article demystifies this particular shocking cultural belief plaguing our country currently, and also it tries to explain how the concept of witch-hunting and gender are conflated and people of specific gender are being targeted. There has also been an attempt to describe the perception of witch-craft among the larger masses and how the cycle of violence from identification to torture to finally killing of a woman accused of being a witch manifests. The article has also tried to evaluate legal instruments meant for witchcraft regulation and found them to be completely wanting. The article ends by giving its two cents on how to improve the situation to some extent.2,108 views -
Indian Customs at Work – Modus Operandi in Gold Smuggling at International Airports – An Analysis
Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, IndiaPages 306 - 351Gold is one of the most sought-after metals in India and is used as an asset to tide over emergencies and continues to be so even in modern times. It is the international passengers holding a valid Indian Passport issued under the Passport Act 1967 and the persons of Indian Origin who are eligible to import gold and manufacturers thereof as part of their baggage while arriving into the country. They are mandatorily required to report at the Red Channel and pay the applicable customs duty in foreign currency. The article explores the different modus operandi deployed by various passengers, albeit during the currency of the current calendar year by Indian citizens as well as foreign nationals to smuggle gold into India at the time of their arrival into the country.2,086 views -
Right to Bail as a Constitutional Right
Research Scholar at Shri Venkateshwara University, Gajraula, Amroha, U.P., India.Pages 352 - 361A Bail is a judicial process that must be conducted impartially, judicially, and by statutory and constitutional prescripts. Bail is a right to liberty in criminal jurisprudence. It reflects the right of every person to liberty. Bail is also a fundamental right under Article 19 and Article 21 of the Indian Constitution bail refers to release from custody, whether the accused person is on personal bond or with sureties. The Right to Bail seeks to grant exemption to a person accused of any offense to carry out daily life work by releasing him from custody. In criminal jurisprudence, a person is presumed innocent until proven guilty. Indian courts have also taken a very liberal approach toward bail. The provision of anticipatory bail extends this bail right and entitles an accused to seek anticipatory bail before arrest. Offenses for bail are classified as "bailable" and "non-bailable." In a bailable offense, the claim for bail is made as a right; in a non-bailable offense, bail is not claimed as a right. It is the discretion of the court to grant or not to grant bail in non-bailable offenses. At the present moment, bail in India is a highly debatable issue. The aim of this paper has attempted to explore the various dimensions of the RIGHT TO BAIL within the constitutional framework.5,457 views -
Uniform Civil Code: An Emerging Law from the Existing Law Trends on Adoption, Custody and Guardianship
Student in IndiaPages 362 - 373India is a land of diverse people with diverse religions. However, if the diversity of religion turns into a national legal problem to govern the people regarding different subject matters, there must be a serious consideration to check and reform the existing laws which have a significant role in the current modern world. The term ‘secular’ was added in the Preamble after the 42ndConstitutional Amendment in 1976 which meant that the state will not follow any particular religion. Additionally, people have the freedom to follow any religion they want. However, it must be pondered that India is a secular country but does not have secular laws. Every religion is governed by separate personal laws, for example, Hindus, Sikhs, Jains, and Buddhists are administrated by the Hindu Marriage Act of 1956, the Hindu Adoption and Maintenance act of 1956 and, The Hindu Minority and Guardianship Act of 1956. Similarly, Christians and Muslims are governed by Christian laws and Islamic laws respectively. Now the problems posed by these separate laws are very deep and diverse. There are many discrepancies and differences among all the personal laws. There is no uniformity among the laws. This paper would analyse the broader question of why we need the Uniform Civil Code (hereinafter UCC) in place of personal laws. While discussing marriage, succession, guardianship, adoption, and inheritance, women are usually regarded as inferior to their male counterparts in most personal laws.1,282 views -
Refined Diplomacy for the Global Order Restoration; Lessons from the Russia-Ukraine War
Pursuing PhD at Lyceum of The Philippines University, Philippines.Pages 374 - 388Diplomacy in the 21st-century is experiencing radical and unprecedented changes that necessitate a fundamental reorientation and refinement. Besides the Russo-Ukrainian war, the world continues to experience limitless threats and tensions that could arise due to territorial disputes, civil wars, and terrorism. Increasing technological power, populist parties, movements, and power competition have threatened diplomacy. There are huge concerns if existing diplomatic encounters will be able to sustain the global order today and in the future. The conflict between Russia and Ukraine has reignited arguments about diplomacy's strengths and weaknesses, as well as the necessity to close gaps in order to protect future generations from the calamities of war. In the case of Russia and Ukraine, a decade of sanctions, threats, isolation, and negotiations has failed to mediate or remedy the situation, raising new questions about the value of diplomacy. Significant gaps exist in current diplomatic practice, which has created a need for more complex solutions that can accommodate evolving geopolitical policies and help attain a new global order. While it is true that diplomacy cannot be completely eliminated, this article proposes the concept of "refined diplomacy," which focuses on filling in the gaps in current diplomatic approaches in order to secure long-term peace and sovereignty for all nations. The Russo-Ukraine war needs to be the last war and a bridge to unite the West with the rest of the world. Global communities must also link to reform diplomacy to work more effectively and efficiently.1,272 views -
Attachment of Assets by Enforcement Directorate during the Liquidation Phase of Insolvency Proceedings in India: An Analysis
Student at Tamil Nadu National Law University, IndiaPages 389 - 399This research paper is an attempt to critically analyse the conflict between the Insolvency and Bankruptcy Code and the Prevention of Money Laundering Act. Section 32A of the IBC has given primacy to the Insolvency and Bankruptcy Code which to some extent has curtailed the power of Prevention of Money Laundering Act and as a result has had a serious economic shortcomings and injustice. A company indulging in money laundering activities would escape from the clutches of Justice because of the over-riding effect of Insolvency and bankruptcy Code over The Prevention of Money Laundering Act. The basic purpose behind Prevention of Money Laundering Act is to recover the amount that has been illegally laundered by individuals and companies and on the other hand, Insolvency and the bankruptcy Code’s sole purpose is to ease and facilitate Insolvency resolution. When the purpose behind both these legislations are distinct, they meet at a conjunctive point where a company involved in money laundering activities comes to a stage of Corporate Insolvency Resolution Process. At this juncture, Insolvency and Bankruptcy Code has Primacy over Prevention of Money laundering Act and thus, the money illegally laundered will basically be used in the process of Insolvency Resolution. This is a very serious shortcoming since the underlying principle behind Prevention of Money Laundering Act is being curtailed here because of IBC and this must necessarily be researched upon. This research will analyse the interplay between both these legislations and come up with a proper course of action to uphold justice.1,432 views -
Overpopulation: Unmanaged Number or Mismanaged Policy
Student at IFIM Law School, India.Pages 400 - 403This paper is premised upon navigating the dilemma of overpopulation and the catch-22 situation created through varied policies of the State. It charts the trajectory of population growth in India and China through the past decades and scrutinises the policies in the context of the primal human rights of its citizens. It examines the legal accuracy of the Sovereign’s intrusion into citizen’s personal rights under the disguise of reasonable restrictions. A judicial exploration of pro et contra of overpopulation has been assessed. The UN directions have been juxtaposed to the developing scenario in the context of overpopulation. An avant-garde attempt has been made to perceive the condition of growing masses as a source of potential to reap benefits from.1,089 views -
Case Study on Impact of COVID 19 Pandemic on People of African Descent : Racial Discrimination and Forced Displacement, Role of International Organisations and a way Forward
Student at Symbiosis International University, India.Pages 404 - 413Far from becoming the "great equalizer", the COVID-19 pandemic has demonstrated the ongoing structural injustices seen throughout the world. Race-based discrimination against non-citizens and persons of color and the issue of forced displacement have been witnessed since the COVID-19 global pandemic broke out in numerous parts of the world. While it has received a great deal of public attention, the topic has received little attention in the academic community. A substantial increase in verbal abuse, intimidation, and violent behavior based on race in public spaces, deliberately targeting individuals of African descent in the backdrop of the current dilemma, has occurred in addition to the detrimental health implications of COVID-19 for people of African descent as well as certain ethnic or national minorities. However, these injustices have always existed in the fragmented lives of those who have been forcibly displaced. Addressing the growing racial discrimination issue and the plight of forcibly displaced groups within the COVID-19 outbreak is crucial because it has a major negative influence on interpersonal relationships, psychological health, and well‐being Further, it unravels a variety of new humanitarian protection issues. The paper covers a variety of case studies of racism and forced displacement connected to COVID-19 that have been observed, and it offers perspectives on the causes of the mistreatment as well as its socioeconomic effects. The research further explores how COVID-19 has affected displaced people. To determine and critically evaluate the existing data on the consequences and possible repercussions of the pandemic for people who have been forcefully displaced, this paper analyses current research and provides insight through a series of interviews with key informants. As the worldwide community continues to battle against injustice amidst the pandemic, the study ends with a few recommendations regarding how to address racial prejudice and the injustice of the forcibly displaced associated with COVID-19.1,164 views -
A Study of Indigenous Rights and Canada: United States Border through the Analysis of Historic Legal Precedents (19th-20th century) and Recent Implications
Student at Symbiosis International University, India.Pages 414 - 419America has expanded in size during the past several centuries as a result of the accession of numerous territories. The annexation of areas with indigenous populations has caused issues for such populations, more particularly, in the American border regions, where arbitrary boundaries have divided indigenous populations. Where certain groups formerly freely engaged with one another, today are divided and occasionally subject to criminal prosecution for upholding long-standing customs. Canadian policies changed as local motives replaced British ones. Subsequently, policies changed based on their interactions with the US. Although northern leaders considered the tribes as partners in trade and the military in 1800, American authorities perceived them as foes. Treaties negotiated by both countries became more lopsided over the years. Despite the frequent acts of violence in the US, as the century went on, the contrasts diminished, and towards its conclusion, the two nations faced disastrous outcomes This paper falls into a broader scope and claims that throughout most of the 19th century, the governments of the United States and Canada pursued identical objectives with their policies concerning indigenous peoples. They hoped to eliminate the original peoples' distinct identity by assimilating them into the two communities in addition to obtaining the resources and the land from the native populations. Despite their rules appearing to be almost identical and their general similarities, Canadian and American officials typically adopted distinct implementation strategies for their regulations. The research paper delves into analyses of historic legal precedents (from nineteenth to the twentieth century) to address the aforementioned concerns. Further, the research examines the present status of the legal-political issues comparably.1,029 views -
Discrimination in Education
Student at NMIMS, India.Pages 420 - 431In this paper, I have explained a methodology to measure discrimination in education. It is the right of students to get an education free of discrimination. Gender, colour, age, social class, financial condition, and other factors all play a role in educational discrimination. The focus of this research is on educational discrimination based on social class and financial condition. “Higher Education has been considered as a site of knowledge, and it is a place, where one can pursue it. But, the distribution of knowledge and acquiring knowledge is controlled by various factors. For example, caste, class, language, region, religion, gender, race, etc. The two principal factors, i.e. language and caste, determine one's access and then survival in higher educational institutions.” In a world where education is frequently used to justify inequality, raising concerns about education-based discrimination as a social wrong may appear absurd. Those who have taught us not to perceive what has effectively become an elephant in our living room must be challenged. Otherwise, we will never be able to use our public educational systems to achieve universal freedom and empowerment.1,932 views -
Eating Disorder in Adolescents
Student in IndiaPages 432 - 444The present paper will discuss the problems adolescents are suffering specially females and having loosing faith on personality due to the below mentioned traits they are facing during their puberty age. Looks is one of the major impact factor in life of today s youth and and loosing confidence over it can led to be some serious mental problems such as depression, mental trauma, etc. This paper will discuss the treatment they need during the problems they are suffering what are the problems they are facing and the treatment they are facing in society. After getting judged in the society on the basis of personality what are the ill effects mentally and physically.839 views -
Mental Health and its Disorder
Student in India.Pages 445 - 457In this paper the problem of mental health and its disorders are discussed. In the discussion of health, human rights, and equality, mental impairment and mental health treatment have been overlooked. This is intriguing considering that 10% of the world's population suffers from mental impairments, which are widespread. In addition, people with mental disabilities often endure numerous interconnected layers of unfairness and prejudice in society. Formal equality initiatives should not be made in isolation from attempts to establish substantive equality for people with mental disorders. Structures like poverty, inequality, homelessness, and prejudice raise the likelihood of mental illness and have a detrimental influence on the progression and results of such illnesses. Respecting people with mental impairments' intrinsic dignity, their personal autonomy and independence, and their right to make their own decisions is a human rights approach to mental disability. Mental disability and mental health care have received little attention in discussions of health, human rights, and equality. Affects 10% of the world's population. People with mental disorders also frequently experience several linked levels of injustice and prejudice in society. Initiatives for formal equality should not be taken separately from efforts to achieve substantive equality for those with mental illnesses. Structures like poverty, inequality, homelessness, and bigotry elevate the risk of mental illness and have a deleterious impact on the course and outcomes of such disorders. A human rights-based approach to mental disability recognizes the inherent dignity, personal autonomy, and independence of persons with mental disabilities as well as their right to make their own decisions. Last but not least, I contend that individuals with mental impairments themselves should be at the forefront of advocacy movements and the establishment of the advocacy agenda. I acknowledge that health care professionals have a role to play as advocates for equality, non-discrimination, and justice.967 views -
Right to Equality and Gender Stereotypes in the Indian Army
Student at School of Law, SVKM's Narsee Monjee Institute of Management Studies, Indore, IndiaPages 458 - 479The right to equality is one of the six fundamental rights enshrined in the Indian Constitution. It talks about equality before the law, the prohibition of any discrimination on the grounds of race, religion, gender, caste, and birthplace. It also includes equality of opportunities. This paper discusses how women paved the way for the fight to be handled fairly in the Indian Army. It discusses how women won the battle against the award of permanent commission in ten streams in the Army and also understands the idea behind the formulation of legislation. It will focus on SECTION 12 of The Army Act 1950, which highlights the ineligibility of females for enrolment or employment and why it calls for immediate amendments. With various cases challenging the provisions of law about the permanent commissions to SSC women officers in all the ten streams and coming up time and again, the constitutional validity of the statute’s provisions is looked into, along with a study of army laws for women in various other countries. The current situation calls for appropriate changes to the present law to accommodate contemporary views and ideas of rights and responsibilities and to uphold the concept of assured reproductive choice for our nation's women.1,455 views -
The Principle of Non Discrimination as a Vehicle for the Protection of Economic, Social and Cultural Rights
Student at Narsee Monjee Institute of Management Studies, India.Pages 480 - 487International human rights law places a lot of emphasis on economic, social, and cultural rights. By ratifying the International Covenant on Economic, Social and Cultural Rights, the States are obliged to protect the economic, social, and cultural rights of the individuals. This paper analyzes the need to protect these rights and the role international instruments play in conserving them. It further discusses the nature of obligations that the ICESCR puts on the State parties. It also provides the grounds of discrimination that are prohibited under the ICESCR. This paper further tries to establish a link between the economic, social and cultural rights and the Constitution of India and analyzes their fundamental status in our nation. Socio-economic rights are not explicitly mentioned in the Indian Constitution as fundamental rights, but they are included in the Directive Principles of State Policy, which means that the Directive Principles of State Policy consider socio-economic rights to be important and mandatory for the state to take into account when drafting laws for the nation. Several Articles, including 21, 39(a), 41, 45, and 37, provide instances of these rights. The authors have tried their best to focus upon articles relating to cultural rights, which include, Articles 21, 29, 30, 43 and 51A.1,264 views -
Enhancing Foreign Language Teachers’ Professional Competency in the Education Era 4.0
Lecturer at Thai Nguyen University of Education, Vietnam.Pages 488 - 502In the context of education 4.0, foreign language teachers face many challenges. They have to actively adjust their role in language transmission, take on the responsibilities of new-age foreign language teachers. The article examines the effect of several factors on the improvement of professional competence of foreign language teachers. Research results contribute to the fulfillment of Thai Nguyen University of Education's annual training for high school teachers. Research methods include collecting data by surveying, interviewing high school teachers, synthesizing, and processing data using SPSS software. Following that, a number of recommendations are proposed to contribute to the achievement of the educational reform goal of the country.1,176 views -
Virtual Hearing Platform: The Use of Technology to Ensure Access to Justice
LL.M. student at Dept. of Law, Brainware University, Kolkata, India.Pages 503 - 513The legal scenario across the globe has witnessed a revolutionary change. With the parties moving to the court to get justice, to the alternative dispute resolution techniques such as arbitration, mediation, negotiation and conciliation being adopted, the 21st century tech-oriented era demands digitization of the legal field also. This proposition gives birth to the concept of ‘Online Dispute Resolution” or more popularly has been known as the “Virtual Hearing Platform.” Online Dispute Resolution is the process of resolving the disputes among the disputing parties using e-techniques. Bygone are the days when disputes mandated the parties to move to the court to secure justice. This technique is popularly used in the corporate filed to resolve the multi-billion dollar deals and disputes among the disputing parties. The modern day court does not only witness civil and criminal matters, but also a great deal of corporate and commercial cases too. With transnational business taking place globally across the world, it becomes nearly impossible for the business houses to even have their disputes via in-person. This mode of access to justice is very popular in foreign countries as compared to India. The present paper seeks to analyze the use of Online Dispute Resolution Mechanism as a tool to gain access to justice.1,623 views -
An Analysis of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
LL.M. student at Galgotias University, IndiaPages 514 - 522Despite the fact that the traditional caste system in India calls for equality, many individuals still treat those from lower castes harshly. In order to end this type of caste-based discrimination, the Indian constitution actually grants a number of fundamental rights to the lower castes, but in practice, even this does not guarantee them equality. Despite several initiatives to better their socioeconomic circumstances, the SCs and STs continue to face various forms of discrimination. The 1989 Act needs to be reviewed in terms of how it is being put into practice, and some parts that are helpful to the social climate right now and address the atrocities done against the weaker sections need to be amended. The effective implementation of this Act is crucial for the diverse Indian culture and the country as a whole. There is also a recommendation that the national SC and ST awareness programs, which help to educate them about their benefits under the Prevention of Atrocity Act, should tackle major offenses like rape and murder of members of the weaker sections. Additionally, this act guarantees that no one will prevent them from defending their rights and protects them from other horrors. However, despite the act's protection of members of lower castes, it still has a number of gaps that offenders exploit to avoid punishment, and there are also instances and locations where the act isn't put into practice; as a result, new provisions must be introduced to ensure that the act is used correctly.1,805 views -
Ship’s Ballast Water and its Impact on Marine Environment
Ph.D. Scholar & Assistant Professor at Shobhit Institute of Engineering & Technology (Deemed-to-be University), Meerut, IndiaPages 523 - 533Vessel sourced marine pollution is either caused operationally or accidentally. Ship’s ballast water is an example of operational vessel sourced pollution. Ballast water is used to ensure safe operations of the ship throughout a voyage. It also helps in providing stability and balance to unladen ships. Transfer of marine organisms through ships’ ballast water is one of the most crucial issues. Marine organisms that are transported via ships' ballast water to the destination port have a harmful effect on coastal and marine ecology of that port state. Marine organisms grow in their new area, competing with the native species, and may cause the deterioration or extinction of one or more indigenous species, severely disrupting the marine ecosystem. These transferred organisms through ballast water are referred as invasive species. An example of this invasive species is Zebra Mussel. Ballast water pollution is an imminent danger to a healthy marine environment, it may severely harm the marine ecosystem, species, and human wellbeing. Apart from the human health and environmental degradation, it economically effects the population of the coastal states as their welfare is largely dependent on a sound marine environment. In this way it appears that that the protection and preservation of the marine environment is of vital importance to the entire international community. Hence, this article aims to find out the grey areas in the present International legal framework to govern and regulate ballast water pollution.1,480 views -
Dual Citizenship: An Indian Perspective
LL.M. Student at National Law University and Judicial Academy, Assam, IndiaPages 534 - 548The purpose of this research paper is to study the legal status of dual citizenship in India. It delves into the issue whether dual citizenship is a feasible concept for Indian scenario or not. The citizenship for a country is a very important subject as it entails rights and obligations for the citizens as well as the State. It is a legal choice for a nation to choose either single or dual citizenship, considering its peculiar social, economic and political characteristics. Dual citizenship is not a novel concept and has been adopted and recognized by various countries in the world. The expanding globalization has ripple effects on the citizenship laws worldwide. The Constitution of India led to the proper development of citizenship law in India. Furthermore, the nationality law was expanded by the Citizenship Act 1955, which is a comprehensive national legislation dealing with the legal aspects of citizenship. Although dual citizenship has been endorsed by most of the countries in some form or the other, the Constitution framers have rejected this concept. Similarly, Section 9 of the Citizenship Act, 1955 terminates Indian citizenship if citizenship of any other country is acquired. Thus, the Indian legal position is clear that dual citizenship is not permitted according to the present legal framework. For India, the debated question has always been whether it should change its stand on dual citizenship or continue with its current framework of single citizenship. As a developing country, India is battling with issues like overpopulation, poverty, illiteracy and unemployment. Dual citizenship comes with a heavy cost of a grave threat to national security, massive economic burden and conflict of laws. The debate of whether dual citizenship should be endorsed by India or not, is incomplete without considering its political, legal, social and economic implications.2,572 views -
Natural Vitamin D vs. Supplemental Vitamin D: Proposing a Federal Statute to Require Natural Sunlight Exposure for Vitamin D Absorption for Factory Farm Animals that are used for Food Production
Medical Student at Saint James School of Medicine, Illinois, USA.Pages 549 - 574No sunlight, no natural vitamin D, and no strong immune system; that is the crux of an argument against factory farms housing tightly packed caged animals with almost no exposure to sunlight. Legal and medical analyses are presented to justify the necessity of proposing federal legislation requiring natural sunlight for farm animals raised for food production. Factory farming gained popularity in the the1920s and was one of the primary industries producing foodborneillnessesis poultry. Natural vitamin D from sunlight has many promising properties against poultry-based foodborne pathogens, parasites, diseases, and bacteria(Salmonella, Escherichia Coli, and Campylobacter) that grow in the intestine and can be passed on to human consumers. Being a fat-soluble vitamin, vitamin D can be obtained by supplementing farm animals’ feed or by absorption of sunlight through the skin. Sunlight is the best source of natural vitamin D which boosts animals’ immune system and overall health, as compared to vitamin D supplements. Though factories farms proclaim to maximize food production in an economically feasible way, the true cost is evident in the increased health care cost, water pollution, and environmental waste. Given the numerous health benefits of sunlight exposure, it is clear that factory farms should be legally required to operate by using humane methods of farming. Therefore, Congress should recommend to the United States Department of Agriculture provisions enforced by a federal statute to mandate factory farms to provide sunlight access to farm animals to protect human consumers from foodborne illnesses.1,305 views -
Protection of Traditional Knowledge under the Intellectual Property Rights Regime with Special Reference to India
LLM student at Department of Law, Prestige Institute of Management and Research, Indore, India.Pages 575 - 592To achieve its goal of becoming a major player on the international stage in the twenty-first century, India will need to adopt a strategy that is both fair and welcoming. The marginalized and vulnerable tribal populations, which make up around 10% of the enormous population and play an important role in this regard, number perhaps over 100,000. Their ancestors' wisdom can be researched and utilized to instill a sense of ethics in a variety of fields of study. This will most surely create the much-needed equilibrium in the pursuit of fulfilling the Sustainable Development Goals set by the United Nations. In a world where natural resources are being depleted at an alarming rate, the promotion of traditional knowledge (TK) could become an initiative for the regeneration of natural resource stocks in post-COVID-19 scenarios. In addition to restoring the rights of these indigenous tribes, taking this step would also make it easier for the country to reap the economic benefits of intellectual property by incorporating traditional knowledge into the legal framework governing intellectual property. If India were to take the lead in this initiative, it would be a stroke of genius. In this regard, substantial developments have already taken place in the Global North, and this would bring that region into a state of equilibrium with the rest of the world.1,493 views -
FDI Laws in India and Protection of Foreign Investment
LL.M. Student at CT University, Ludhiana, Punjab, IndiaPages 593 - 600With liberalised changes over the previous several years and an appealing investment climate, India's FDI situation is gradually improving. With a sustained growth in FDI, India has enticed more than 90 countries from across the world to invest in India until 2022 (up from 29 countries in 1991), putting it above the United States in the UNCTAD WIP Report's list of top investment destinations. Without the need for licenses or clearances, most investments in India might be made automatically. Foreign Investment Promotion Board approval is required for investments in industries with limits, such as single-brand retail, private banking, insurance, and stock exchange. This article assesses the history and present state of FDI inflows to India while highlighting crucial areas. Additionally, several areas that require development are emphasised so that more and more investors can invest in India through FDI, allowing India to grow and stay the most preferred location for FDI investment throughout the world.2,215 views -
Pandemic and Online Financial Frauds Regulatory Issues and challenges
Research Scholar at USLLS, GGSIP University, New Delhi, IndiaPages 601 - 612Various types of online frauds are going on as their prevailing practice, however, during Pandemic, a new type of fraud has been started which is going on with the help of loan apps. The trend of using loan apps has been started during the period when people are supposed to stay at home during pandemics due to fear in the society of any unfortunate happening in life, which created a situation of financial crunch. The started trend looks promising but it turns out to be frustrating for customers who later on lodge various types of complaints including criminal complaints in a compelling situation of unethical practices, against the money lenders who are providing loans through these apps. It has been seen that investigation agencies too found it difficult sometimes, to handle such types of new complaints due to their sudden emergence and lack of any specific law in the area. Therefore, the researcher will limit and find the scope of discussion of the article in the area of online financial Fraud through loan apps only. The Researcher will go through the legal provisions available in the Indian scenario i.e. RBI guidelines, Information Technology Act Regulations, etc. after knowing how such types of activities are going on between lender and borrower and what types of legal provisions are violated. The paper wants to evaluate legal issues and challenges that this pandemic is putting forward with regard to financial crime.1,183 views -
Data Protection Regulations and Compliance Requirement: Analysis of Regulations From EU, Singapore and India
Advocate in IndiaPages 613 - 622In the present era, cybercrime and other similar offenses including identity theft, data breach, etc, have increased the concern towards data security over the last decade. On one side, we cannot avoid our everyday life without data transferring transactions and on the other side, the data transferring transactions are becoming riskier and riskier. Sensing the urge of the hour, many States globally have come up with their Data Protection Laws. However, among all such regulations, the General Data Protection Regulation of the European Union has had a large impact on the world. In order to determine how effective and similar the General Data Protection Regulations are, the author has reviewed the legislation and made a few other regulations, such as the Personal Data Protection Act, 2012 of Singapore, a point of comparison. The provisions of the compliance requirements that are the same and different in each of these rules have also been considered by the author. The corporate entities' perspective has been used to evaluate compliance requirements. Since the regime is still in its infancy at the moment, the author has also provided a brief introduction to the data protection laws already in place in India and any potential future developments. With the aim of comparing and developing a better understanding of the regulations of the respective three countries, the author derives an analysis in this article.1,172 views -
Understanding Interpretation via Jurisprudential Lenses
Research Scholar at Faculty of Law, Gauhati University, IndiaPages 623 - 640Although the term 'interpretation' appears to be commonly used when attempting to discern the true significance of any subject, it will be a disregard to not credit interpretation as a concept. The author attempts to evaluate the concept of interpretation from a jurisprudential perspective. What should constitute law seems to be at the center of jurisprudence. Distinguishing the understanding of the same is made possible by the art of interpretation. In line with the development of several schools of jurisprudence, the idea of interpretation has also changed considerably. This paper is an attempt to have a comprehended view of various approaches to interpretation through a jurisprudential standpoint.1,104 views -
Analysis of the IMF Conditionalities in 1991 Indian Economic Crisis
Student at Jindal Global Law School, India.Pages 641 - 647“India’s post-independence development was both inward-looking and highly interventionist.” India was passing a rough phase in the year 1991. The country’s economy crashed down. This paper seeks to explore the economic crisis in India and the measures adopted by the Indian government to battle the same. The former portion of the paper will analyze the crisis and its cause. It will also focus on the impact of the reforms introduced by the Indian government to fight the crisis. Further, the latter portion of the paper will elucidate the concept of ‘conditionality’ concerning the IMF. It will examine the nature of these conditionalities and will attempt to critically analyze the purpose behind the conditionality imposed on the Indian economy in 1991.1,577 views -
Minority Deserve Majority Reforms: An In-depth Study Identifying the Areas of Reforms Regarding Hindu Laws in Bangladesh
Assistant Professor at Department of Law, Premier University, Bangladesh, India.Pages 648 - 665Hindus living in Bangladesh are mainly Hindus governed by the Dayabhaga school of law. Hindu law is a system of religious regulations that is thousands of years older than the Hindu texts. Hindu law has not altered at all over the years. Being a divine law, Hindus generally embrace it or view it as having a binding impact, hence the Hindu community living here does not welcome significant change. However, any law must be updated to reflect the evolving socio-economic and political environment. In that regard, it is crucial to modify Hindu law, which dates back a thousand years. Hindu personal law has become complicated in several areas, including marriage, maintenance, guardianship, adoption, gift, will, inheritance, and so forth, as a result of a long period of no reform. The socio-economic condition of Hindus won't improve if these problems aren't resolved soon away. In particular, it will seriously hinder women's empowerment and economic freedom. This essay represents a development in the reformation of Hindu law. In addition to presenting the characteristics and shortcomings of Hindu law, this article also provides a brief analysis of the absence of change, its necessity, and some well-articulated reform ideas.1,344 views -
Legal Protection to Fashion Designs under Intellectual Property Rights in India
LL.M. Student at Assam Rajiv Gandhi University of Cooperative Management, Sivasagar, Assam, IndiaPages 666 - 673Unlike, most creative industries, fashion design is not adequately considered by Intellectual Property Law. Fashion design piracy occurs when someone reproduced or redistributed a part or all of a designer’s original design under the name of an unauthorized entity. A design piracy risk for designers who want to protect their creations is invasive, and mostly this occurrence has the potential impact on small independent fashion designers who employ online media to reach their audience, which allows a vast online exposure to their designs. Apart from small independent fashion designers, it is also seen that reputed fashion industries are also pirated where their designs are used to reproduce products in the cheap quality to sell at a cheap price. Therefore they lost their reputation and also revenue. Fashion design piracy is now a growing concern with the advent of technology because pirates are also very intelligent and steal someone’s design with full research. IPR regime is not enough to prevent fashion design piracy but if amended soon then it can reduce damages to the designers by making the penalty heavier. This article will give a glimpse of the IPRs protection available to fashion designs in India.1,453 views -
Deconstructing the facets of Allottees in Insolvency Bankruptcy Code, 2016
Advocate at Bombay High Court, IndiaPages 674 - 682The Research Paper discusses about the position of allottees in the Insolvency Bankruptcy code. The paper further evaluates the legal position of allottees under IBC. Further, the authors critically assess various landmark judicial pronouncements to understand the present position of allottees under IBC. The paper also tries to critically evaluate the allottees as financial creditors and understand the role of allottees in the committee of creditors. The paper also analyses the recent amendments for allottees, and it enables us to decode the long-term implication of change in a legal position. The researcher will also evaluate the powers of allottees as financial creditors. The researchers have undertaken their research with the aid of doctrinal research. The researchers have closely concentrated on various aspects of allottees. The authors have also tried to address the issue of conflict between multiple legal legislations. The authors have suggested a few solutions to strengthen the position of allottees under IBC.1,089 views -
Globalisation and the Changing Concept of NATO: Role of NATO in Russia-Ukraine Crisis
Advocate at Jammu & Kashmir High Court, Srinagar, India.Pages 683 - 694The North Atlantic Treaty Organization (NATO) has been the most important and successful multilateral military political organization, pursuing the agenda of exporting democracy globally and ensuring the mutual defense of its allies. Historically, NATO was formed against the threat of communism emanating from USSR (Russia). The alliance did not use military option till the end of the cold war between the west and USSR, but post-cold war, it transformed and operated in Balkans, South Asia, Horn of Africa, and Middle East. The 9/11 incident further enhanced the military role of the organization and gave it ample reason to act internationally for ensuring the global security. NATO condemns in the strongest possible terms Russia's brutal and unprovoked war of aggression against Ukraine - which is an independent, peaceful and democratic country, and a close NATO partner. NATO and Allies continue to provide Ukraine with unprecedented levels of support, helping to uphold its fundamental right to self-defence.1,553 views -
Sexual Violence against Women in Armed Conflict: A Neglected Crime in International Humanitarian Legal Framework
Student at School of Law, SVKM's Narsee Monjee Institute of Management Studies, Indore, IndiaPages 695 - 703Throughout history, women and girls have been frequently targeted for abuse, particularly sexual violence, during armed conflict. They've also been left out of efforts to prevent and resolve conflicts. Despite the increased risk of violence faced by women in armed conflict, they are frequently ignored in policy and programming, leaving them out of decision-making processes and unable to access supports. They continue to face many problems despite growing awareness and activism at the local and international levels. Women are frequently kept out of Security Council negotiations and peace talks due to a lack of high-level leadership committed to incorporating women's rights. Grassroots organisations working on local-level peacebuilding and service provision for women have a hard time getting adequate and continuous support. As a result, this research paper begins by looking at definitional aspect of conflict-related sexual violence (CRSV). The paper then explores the history of wartime sexual conflict and the response of international humanitarian flagbearers towards this issue and sexual violence survivors. Third, the paper examines silences in the international sphere on sexual violence, focusing on how hidden interests guarantee that the status quo continues unquestioned. Finally, the implications of these findings for humanitarian practise are examined, and recommendations are offered for how to proceed in order to achieve more realistic and achievable humanitarian action.1,264 views -
Why do we need Law in a Society?
Student at IILM University, Gurugram, India.Pages 704 - 711In a society ancient or modern, law helps to provide justice to the people who are in need of it. Law and justice are closely related to each other. In a society, if there is absence of law it will lead to chaos. It will disturb the peace and harmony of the surroundings, leading to disputes or fights. Law regulates the behavior of the people. Law is the help given to a victim to help him lead a better life. The concept of law does not originate from beyond the boundaries of society. In actuality, it is a fundamental tenet of society. The law is what is good, equal, and fair in accordance with society, and it symbolises those norms. Every culture has its own laws, yet these laws change as social standards change. Law is essential to society for several key reasons, to enforce laws such as personal laws, contract laws, regulatory laws, anti-prohibition laws, and others to control how individuals behave in conformity with social norm. In a particular civilization, the material circumstances influence how the law develops. According to this theory, the history of modes and relations of production is linked to the history of law2,144 views -
Metaverse: Surging Need for Competent Laws with Increasing Metaverse Crimes
Student at Amity Law School, Amity University, Noida, India.Pages 712 - 724The CEO of the largest social media platform declared that the metaverse would emerge as the next big phenomenon after the Internet, which gave it impetus. The idea of the Metaverse incorporates IoT, AR, VR, XR, and 3D technologies, even though there isn't a unique, widely accepted description of it. It's also referred to as Web 3.0. The metaverse has significant market value and commercial potential. In October 2021, the current valuation was estimated to be over $14.8 trillion, although the growth value was between $3.75 and $12.50 trillion. Therefore, it is crucial to discuss the metaverse's legal ramifications. This article is to more thoroughly explain the crimes and legal complexities of the metaverse. It covers topics such as Data security law, intellectual property law, and enforcement of Anti-Trust and competition laws. It also covers a few other topics like what are the complexities in current laws, the need for competent laws and some case studies of crimes in the metaverse are also discussed to provide a complete picture.2,017 views -
Consumer Protection Act, 2019: Changes made over the repealed Consumer Protection Act, 1986
Assistant Professor at Department of Business Administration, Vaish College of Engineering, Rohtak, Haryana, IndiaPages 725 - 734Despite being social welfares focused, the Consumer Protection Act, 1986 became obsolete with the rapid changes in Business Environment. The administration of this Act's different clauses revealed several flaws. The fundamental change in how the market operates necessitated the creation of new consumer protection legislation. So, A new consumer protection law was necessary, and the Consumer Protection Act 2019 was enacted in response to the expanding e-commerce market, worldwide supply chains, and e-commerce transactions. The present paper comparatively reviews the Consumer Protection Act, 1986 and Consumer Protection Act, 2019.1,758 views -
Bilkis Bano: A Human Rights Perspective on Rape in the Realm of Socio-Legal Jurisprudence
Advocate in India.Pages 735 - 753Human behavior is closely entwined with definite basic needs including the biological need for sexual gratification. The transition from the idea of procreation based on willing consent to dominance of factors like control, patriarchy, and inferiority has altered the nature of this fundamental instinct into a coercive act. Such factors get pronounced during times of socially disruptive events, further impressing the vulnerability of women. Disregarding bodily autonomy, women’s bodies are viewed as an end in themselves. Persuasive international law and ambiguous national provisions on remission exacerbate the legal conundrum in the case of heinous offences. The non-literal implementation of the principle of separation of powers in India makes a judicial pronouncement on sentencing entangled in the domain of the Executive. Constantly striving to achieve a balance between deterrence and reformation, courts are forced to delve deeper into liberty. Certainly, the law is an agent of social change but the fine balance between liberty and remission is intrinsic to achieving justice.1,168 views -
Online Child Sexual Abuse and Preventive Strategies
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science (SIMATS), Chennai- 600077, India.Pages 754 - 768This paper speaks about Child sexual abuse exploits and degrades children and can cause serious damage to cognitive, social, and emotional development of a child. As a society, we have a collective responsibility to prevent child sexual abuse. To accomplish this, we must initiate and support services and policies that enhance children’s development, health, and safety and we must advocate for policies and programs to help meet the basic needs of children and families. We must also promote research, training, and public education to strengthen protective factors that buffer risk factors for sexual abuse while also directly addressing those risk factors. All adults and adolescents need to know that child sexual abuse is a crime that often causes severe damage to children, that help is available for those who seek it, and that children can never consent to sexual activity. Further, a comprehensive prevention strategy should include increasing parents’ and other caregivers’ awareness and knowledge of protective measures they can take on behalf of their children. A powerful public education message must be transmitted to the general public, encouraging society to recognize that child sexual abuse is both everyone’s problem and responsibility. The goal of such public education efforts is to eliminate any tolerance for sexual abuse or confusion over what society condones as appropriate interactions between adults and children. Current child abuse prevention programs are focused primarily on educating preschool and elementary school children on how to recognize instances of abuse and teaching them personal safety skills.1,843 views -
Uniform Civil Code: The Judicial Journey
Student at Amity Law School Noida, Amity University, U.P, India.Pages 769 - 780Uniform Civil Code has seen lot of controversy right from drafting of Constitution. The representatives of Constituent Assembly from minority communities had expressed their apprehensions that the Code may infringe their fundamental right to religion. Whereas many were of the opinion that it would help integrate the country. That was the reason that it was kept in Directive Principles of State Policy. The issue of the Uniform Civil Code came before the Apex Court in Shah Bano, Sarla Mudgal, Lily Thomas, Shabnam Hashmi, and Jose Paulo Coutinho cases. The Court stressed the necessity to frame Uniform Civil Code as it could help in integrating the country. While doing so, the Court was aware of the apprehensions expressed by the framers of the Constitution and the mandate to place in Directive Principles of State Policy. In the past, there have been instances where two religious communities were being governed under one law in matters relating to succession. The live examples in India, where the matters relating to Uniform Civil Code are governed outside the personal laws, happen to be the Portuguese Civil Code, which is applicable in Goa, Juvenile Justice Act, 2000, and the Special Marriages Act, 1954. Even though the judiciary cannot direct the Legislature to enact the Code except by stressing the need for it, still the observations coming from the Apex Court have to be seriously considered by the Parliament. Small steps can be taken progressively towards the achievement of this goal. There is a need for Parliament to take the call.1,448 views -
PMC Bank Fiasco: The Dereliction of Corporate Governance
Assistant Professor at Geeta Institute of Law, Panipat, IndiaPages 781 - 790Every organisation requires a good corporate governance policy to function well. Whenever there is a failure in corporate governance, the organisation fails. The same thing happened with PMC bank. There were many loopholes in the PMC bank, which led to its downfall. A Lot of financial irregularities were taking place there. There was a complete failure of the internal control and management system. They also misrepresented the financial statements. The PMC bank loopholes led to fundamental changes in law and policies. The SAF was being revised, and the Banking regulation Amendment Act 2020 came into force. Many things need to be done so that scams like PMC don’t happen again.1,571 views -
The Combatant
Student at Amity University, Jharkhand, IndiaPages 791 - 795Throwing Acid onto one’s body not only dilutes their skin but the confidence, clarity and the connection too. A bottle which costs an individual just INR 30 - 40 for once a time, causes damage to another individual for life time. Though the description is being given in Indian Penal Code, 1860, the Law Commission of India also describes it as a heinous crime and for committing such offence, one should get rigorous punishment. Disfiguring out the correct map of the face which can’t get back to its original even undergoing vivid cosmetic surgeries leaves scars not on one’s skin but on their frontal lobes from which its quite near to impossible that an individual will again come back to its original position. The basic reason behind such heinous crime mostly lies as rejection in any context, to which the fact applies that by committing any such offence the rejection won’t turn into acceptance and thus for any such reason no one should degrade their own moral values by seeking any kind of revenge from another individual. If taking any kind of rejection into a positive situation, any one can easily improve themselves from the critics which the individual is beholding with themselves at present and can easily transform onto their better version.1,387 views -
Cyber Crimes and Legal Involvements of 5g Technology in India
Advocate at High Court of Telangana, IndiaPages 796 - 807The Paper discusses the understanding of cybercrime and legal involvements in India. The Internet, the worldwide connection of loosely held networks, has made the float of information and information among unique networks easier. With data and information being transferred among networks at remote places, security issues have become a prime subject over the past few years. Few people have additionally used the internet for crook activities like unauthorised access to other networks, scams, etc. these criminal activities associated with the internet are termed Cyber Crimes. With the increasing reputation of online activities like online banking, online shopping, and so on., it's far a period that we regularly listen to information. Therefore, a good way to stop and punish cyber criminals, “Cyber regulation”, was introduced. Cyber regulation can be described as the law of the internet, i.e., it's far part of the legal systems that deal with the internet, cyberspace and other legal issues like online security or privacy.1,246 views -
Anti-Defection Law
Assistant Professor at Asian Law College, Noida, IndiaPages 808 - 817The Constitution (Fifty-second Amendment) Act, 1985, popularly known as the anti-defection law, came into force in March 1985. Anti-defection law is provided to curb all those evils affecting our free democratic setup. Politicians make promises but never fulfil them; they work on filling their pockets and making the life of people miserable. The aim of anti-defection law is to set a free democratic setup which shall be free from every kind of evil. Political parties are not allowed to do whatever they want. No member of a political party is allowed to leave the seat whenever they want without any kind of prior permission or notice on lame grounds and join another party. This law was passed soon after Lt. Shri. Rajiv Gandhi became the Prime Minister of the country with a massive mandate. This law would not have been passed if there had been no Rajiv Gandhi and his government with an unparalleled massive majority. In the Research paper, Anti Defection Law and its importance are discussed. The loopholes of the law when it came into force, the process of disqualification on various Grounds, the Indian case laws in which Disqualification happened are also discussed the present paper.2,159 views -
ADR System in India: Challenges
Student at Symbiosis Law School, Hyderabad, IndiaPages 818 - 830The Constitution's Article 21 guarantees a just, fair, and reasonable process. The sooner the conflicts are settled, the better for all persons involved individually and society at large. The ultimate farce of the law is when justice is denied by a delay, but in India, the delay really ends up killing the entire legal system. Here comes the role of Alternate Dispute Resolution. Alternative dispute resolution is considered as a potential method for resolving conflicts. It settles disputes on a variety of topics, including civil, business, industrial, and many more. Through this method, a third person who is not engaged in the conflict must assist in resolving the issue at hand. To talk and debate the issue and find a resolution so that it may be resolved, a third impartial party is needed. It appears to be a helpful method of resolving conflicts. Alternative dispute resolution (ADR) techniques are used to speed up the resolution of disputes and reduce the load on the courts through the exclusive option through negotiation, arbitration, conciliation, and mediation. ADR is recognised in India under Articles 14 and 21, which are founded on the principles of equality before the law, the right to life, and the right to personal liberty. Alternative dispute resolution (ADR) techniques are used to speed up the resolution of disputes and reduce the load on the courts through the exclusive options of negotiation, arbitration, conciliation, and mediation. This project aims to throw some light on the challenges behind the implementation of ADR in India and the various socio-economic legal barriers that exist in the same.2,364 views -
Marriage versus Live-in Relationship in India and their Criticisms
Student at Karnavati University, IndiaPages 831 - 838Following specific religious procedures and customs, Hindu weddings have been performed in India from the beginning of time. The term "live-in relationship" refers to a new type of marriage that has arisen in the contemporary period and is now prevalent in society. If a couple has been living together for some time, they would be granted all the privileges of a married couple, but there is a well-defined legal process for when marriage occurs. A live-in relationship does not have any strict rules governing marriages, but the law is silent on a number of issues because there is insufficient legislation for it. In contrast, marriages are interpreted by laws in stricter ways and used to determine eligibility for certain rights attached to them. Both types of marriage have been criticised for affecting a wife's rights and preventing her from exercising them. Additionally, the law's understanding of a live-in relationship as constituting a marriage is flawed. According to the findings, it is necessary to change the Hindu marriage rules in India and to create new legislation or adapt the existing law to accommodate modern live-in relationships.1,544 views -
Comparative Study on Writ Jurisdiction in India and the UK
Pursued BA.LL.B. (Hons.), LL.M. | Lawyer in India.Pages 839 - 850A quick remedy against infringement of rights and injustice can be achieved through writs. Writs are an imperative part of the justice delivery system as they allow the aggrieved to approach higher authorities directly (in case their fundamental rights have been violated). In India, the power to exercise writ jurisdiction lies with the various High Courts (under articles 226) and the Supreme Court (under article 32) as per the Indian Constitution. The concept of writs originated in the UK. This paper aims to examine the state of writ jurisdiction in India and the UK, from its origin to the present-day scenario and also seeks to analyse in what ways India has been influenced by the UK in this aspect. It also seeks to understand the development of this concept in both countries. This paper shall be divided into four parts. The first part of the paper shall deal with the introduction of the concepts. The second part will deal with the origin and evolution of writs and writ jurisdiction. The third part of the paper will deal with how India has been influenced by the UK in this aspect. The fourth and final part of this paper will deal with the present-day scenario of writ jurisdiction in both the countries and concluding remarks of the research scholar.2,877 views -
The Immoral Traffic (Prevention) Act: The Problems
Student at Himachal Pradesh National Law University, Shimla, IndiaPages 851 - 859Human trafficking essentially means the trade of human beings for various exploitative purposes. They can be for prostitution, unpaid labour, etc., It has transformed itself into a global menace. It has victimised scores of unknowing people which has compelled nations across the globe to form major legislations and treaties to tackle this menace. The Indian government after the ratification of the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949 brought legislation named The Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) which after going through an amendment in 1986 was renamed as Immoral Traffic (Prevention) Act (ITPA). This act has been criticised widely and is marred by problems and arbitrary assumptions made by the legislators. One major problem and an arbitrary assumption at the same time in this act is that it presumes that all trafficking is done for the purpose of prostitution only. This opens the pandora’s box and gives rise to a slew of loopholes. This act has not only failed to curb the menace of trafficking but has also made it arbitrarily impossible to practise prostitution even though it is legal to practise prostitution in India. These are the reason why the statistics from the National Crime Records Bureau (NCRB) show an upward trend in the incidents of trafficking. This paper aims to enlist, analyse and criticise such problems and arbitrary assumptions.3,535 views -
Indian Apex Judicial System before Independence
Ph.D. Scholar at Department of Legal Studies and Research, Barkatullah University, Bhopal, M.P., IndiaPages 860 - 875The roots of the present lie deep in the past. This is also true in the case of present Indian Judicial set-up as it is under the Indian Constitution. So, I think it desirable to analyse and give a brief account of Judicial administration at higher level during British period in India-keeping in mind the paramount importance of an independent Judiciary. Specially during the East India Company's rule in India, the judiciary was subservient to the executive. The company gave lesser importance to the judicial independence, fair justice and rule of law. It was interested in the expansion of its trade and territorial possession and it was in favour of protecting its interest even at the cost of justice. If at any time a separate judicial body was established that was put under the thumb of the executive. The voice of the judicial independence was suppressed without least hesitation. But after independence it was thought of to establish a modern independent judiciary, of course not on the basis of Montesquieu philosophy separation of power but devising the power between different organs of Government and balancing the power. Thus, present judiciary enjoys not only the power to interpret the Constitution of India but also to provide complete justice by establishing the rule of law.1,441 views -
Appointing Judges through the Collegium: Risk and Challenges
Ph.D. Scholar at Department of Legal Studies and Research, Barkatullah University, Bhopal, M.P., IndiaPages 876 - 889Independence of Judiciary is very important and essential so that they can be impartial and perform their duty without any fear and favour as well as without any external pressure. Moreover, it is a basic feature of the Indian Constitution. Judicial independence requires the administration of justice and the judge should be free from any direct and indirect influence or interference of political bodies or non-political bodies. Therefore, freedom of judgment and appointment thereof becomes an important aspect for the head of the state which is followed by most of the countries of the world whether they are democratic or otherwise. The basic theory of a tripartite separation of powers between the legislature, executive and judiciary was first put forward in the eighteenth century by the French philosopher Montesquieu. It asserts that the autonomy of the courts is the greatest protection against the tyranny of the majority, and against those who would treat rights as fungible rather than unassailable. In keeping with this view, the framers of India's Constitution saw the judiciary as the primary guardian of the sort of equality-political and civil, as well as social-that they hoped Independence would usher in. To this end, the Constituent Assembly vested in the Supreme Court and the various High Courts the power of judicial review, which allowed the judiciary to strike down laws enacted by Parliament.1,099 views -
Judicial Review: A Comparative Study between USA, UK and India
LL.M. Student at Maharashtra National Law University, Aurangabad, IndiaPages 890 - 905Indian democracy is based on the concept of supremacy of law. Law is considered to be the superior authority, and at the top of all lies the grundnorm, that is, the Constitution of India. It is the Indian Constitution from which every other law flows. No law and even no action of the bodies of this democracy, i.e., the Legislature, the Executive and the Judiciary, can go against what the spirit of the Constitution has to offer. Here, the role of the judiciary comes into play to maintain a system of checks and balances to ensure that no arbitrary action is given way under the garb of powers provided to these organs respectively. Though judicial review has not been expressly used in the Constitution, its presence can be seen in various laws and even before when the Constitution came into the picture. Not only in India but also in the United States of America, judicial review has been present impliedly. But on the other hand, judicial review is not a well-recognized concept in the United Kingdom, where the system is based on the concept of Parliamentary sovereignty and legislative supremacy. In this paper, the author intends to throw some light upon the concept of judicial review and intends to make a comparative analysis of the concept between India, the USA and the UK.2,055 views -
National Herald: Analysing Transactions of Three Entities
Student at Jindal Global Law School, India.Pages 906 - 909The National Herald Case, in recent times, has gained a lot of attention from the media, and everyone is wondering if it is a case of money laundering. The Gandhi family has been questioned several times by authorities but has consistently denied the claims levelled against them. The case was brought up in 2012 by BJP leader Subramanian Swami, who filed a complaint against Gandhi alleging them of corruption and falsely acquiring property worth crores in their name by illegal means. The entities in question are the AJL (Associate Journal Limited), a Private Ltd. company and the other two entities are the Indian National Congress(INC) and Young India Limited (YIL) both run as not-for-profit. This paper aims at analysing how the three entities were involved in some transactions, which are being claimed as money laundering by one party and the other party argues it as a transaction that does not provide any sort of personal advantage to them, thus denying any case of money-laundering or corruption.1,444 views -
Constitutionality of Polygamy in India
Student at IFIM Law School, IndiaPages 910 - 914The British invasion into India and their intentions of keeping the Indians divided on the basis of their religion, has proved to be a successful move. This has been proved several times throughout history and even in the present time through all the inter-religious conflicts that the Indian citizens have always involved themselves in. This hatred that the British implanted in our minds has grown with such deep roots that it has spread its branches to the extent of expressing hatred and disgust again each other not only within India but even other countries following the same religion. Hatred has reached a level where the public does not agree to certain practices despite the logic and sense simply because it is practiced by the opposing religion. Similarly, on the other hand, certain practices are encouraged merely because the other religion does not entertain it. This has led to multiple conflicts between the three main religious sections of India, namely: Hinduism, Islam and Christianity. One such highly debated practice is that of polygamy. Polygamy is a purely familial and personal decision which has unfortunately been connected to the religion of the individual. It has become an act that is permitted, even legally, only for persons of certain religiously oriented persons. In addition to this discrimination, polygamy has also become an act permitted for the members of one sexual community. These boundaries too have been set by the religious heads or leaders of specific religions. All of these aspects have been highlighted in this paper on the Constitutionality of Poygamy in India.1,737 views -
Prisoners of War
LL.M. student at School of Excellence in Law, TNDALU, Tamilnadu, IndiaPages 915 - 925Prisoner of war literally means any military or non-military person captured by the enemy state during the war. In this article, the evolution or the origin of the concept of prisoner of war has been traced back. Once the concept has originated, it has to be recognised by countries around the world. Then slowly, the concept of prisoners of war evolved and their rights became the talking point during the world war, and their protection of life was advocated by various scholars around the world, and the geneva convention played a significant role in protecting the rights of prisoners of war. Prisoners of war must not be tortured during interrogation, and that has been the main aim of the Geneva convention, and it gave an exception that the liberty of movement can be restricted if their respective countries’ national interest is at risk. Then the prisoner of war must be released and sent to their home country was the major talking point as there will be existing major legal issues between international law and domestic law. Then the international committee of the red cross had the power of giving rights to visit the prisoner of war, and protecting power was discussed. The above-mentioned concepts have been discussed in depth with reference to the geneva convention. At last, it is humanity that must be upheld rather than torturing fellow human beings by taking them as prisoners of war.1,336 views -
Learning to Co-Exist with Wildlife
Student at Amity University Lucknow, IndiaPages 926 - 932The world looks aesthetic when the resources provided by the nature work out in a balanced way, and if the equilibrium is not maintained, conflict arises, this conflict between human- wildlife has attracted a large section of society and even the governments of several countries. Around the world, the challenge is being faced when there is competition for resources between humans and wildlife, sometimes the negative impact on humans and other times on the animals and this has led to a reduction in the tolerance level of humans. Human-wildlife conflict calls for a proper allocation of adequate resources and forming of a wide range of partnerships so that no more animals are defined in the extinction list or the vulnerable list. The process must work symbiotically otherwise it can be a big threat to achieving the sustainable development goals of the UNEP.1,300 views -
Watch your Steps: Role of Morality Clauses in Talent and Endorsement Agreements
Student at NMIMS School of Law, Mumbai, IndiaPages 933 - 941“Reputations take a lifetime to build and seconds to destroy’’ so goes this famous aphorism. The role of celebrity endorsement exerts a pivotal role in influencing the sales of a product in the market. Everyone wishes to emulate their favourite celebrity’s lifestyle and sense of fashion. One always associates their favourite actor with the character he has played and mimics his dialogues. This is why brands and production houses wisely choose a celebrity to represent them since the celebrity extends their values. At times the conduct of the celebrity can be incongruous with society’s prevalent standards of morality, which can malign the company’s public image. This can leave long-lasting scars on companies’ and production houses’ image in the public eye. Moral clauses deter a celebrity from doing an act morally abhorred and censured by society. These clauses are mentioned as a part of the employment agreements and broadly spell few categories of conduct that the company or production house disapproves of and indulgence of, which would lead to termination of the contract. These covenants shroud the shoulders of the celebrity with a sense of accountability to the company or production house for their conduct. This paper delves into the meaning, history and development of morality clauses in talent and endorsement agreements, travelling a trajectory from the insertion of moral clauses to the germination of reverse moral clauses, the legal feud between the company and celebrities when the latter have taken legal recourse to challenge their wrongful termination of the contract by the company, certain instances where morality clauses have cost the company a huge cost.1,840 views -
A Study on Backlog of Cases
Assistant Professor at School of Law, Sathyabama Institute of Science and Technology (Deemed to be University), IndiaPages 942 - 948Justice delayed is Justice Denied which means if justice is not carried out at the right time, then even if it is carried out later, it is not real justice because when there was a demand for justice, there was a lack of justice. Basically, one goes to court in order to get justice, but when there is a delay in justice, individuals lose their hope, and hence justice is denied. As 'justice delayed is Justice Denied'; similarly, the saying, justice hurried is Justice Buried is equally true. During the drafting of the constitution of India, the vision of the founding father was to ensure justice for every citizen; keeping this vision in mind, the preamble of the Indian constitution consisted of the word JUSTICE. As we know, India was a colonial country, and for the last 500 years, all the rights of the Indians were suppressed; so to enhance their Right, Art -39A was introduced in the Indian constitution, which directs the state- to secure equal justice and the free legal aid for the citizens. But the experience of the last 57 years shows that the state has failed squarely in addressing some very basic issues, quick and expensive justice, and protecting the right of the poor and vulnerable. Since India is a vast country of various religions, India has a large no. of the population with a lack of symmetric arrangement of courts and public offices; here, the system is collapsing with 30 million cases that take so much time that even a generation is not sufficient to get any type of redressal. As per the current scenario of our country, it will take 300 years to clear the backlog of cases in Indian Courts. In this article, we will study the reasons for the backlog of cases and measures to tackle it.1,609 views -
Castes as Weaker Sections in Contemporary Indian Society: A Sociological Study
PhD. Research Scholar at Department of Sociology, Babasaheb Bhimrao Ambedkar Central University Lucknow, IndiaPages 949 - 955This Article talks about the criteria by which certain classes/groups are included in various caste categories in the Indian constitution. Basically, Indian society is a caste-ridden society. Its entire population is hierarchically arranged and divided into different sections. After independence, adopting principles based on liberty, equality and fraternity of the Indian constitution, politicians, policymakers, and other intellectuals began to think for the castes, which were low in hierarchical order in the Indian social structure. Technically, different resolutions of the Indian government have divided the weaker sections, such as EWS, OBCs, SCs and STs, on the basis of social, educational and economic backwardness. As mentioned in Article 16 and its clauses of the Indian constitution, India is committed to the welfare and development of its people in general and of vulnerable sections of society in particular. Equality of status and opportunity for all citizens of the country are guaranteed by the Constitution of India. Hence, in this article, the author has tried to locate different socially, educationally and economically weaker sections/classes into different caste categories like EWS, OBCs, SCs and STs.1,998 views -
Jurisprudential Justification of Informed Consent in Medical Practice: A Critical Approach
Student at Bikash Bharati Law College, West Bengal, IndiaPages 956 - 960The concept of autonomy and decisional auto-determination of the person needing and requesting medical and /or surgical treatments tends to be reflected in the principle of informed consent, which is intended to ensure the legality of health aid. Over the past few years, this legal formula has expanded significantly in both space and importance in doctrinal approaches, legal interpretations and doctrinal elaboration influencing the daily activities of the medical profession. The topic of informed consent is still being researched, not only in terms of the theoretical profile, which has previously been established but also in terms of the murky practical and consequential component.1,007 views -
Gender Justice & Women Empowerment: “Women” The most revered Creation of God
Assistant Professor at Mody University of Science and Technology, IndiaPages 961 - 972From Vedic Period it is trusted that status of women are equivalent to men in India. However the condition declined significantly after. Feminist Movements were the reason due to gender imbalances, especially in West Europe and North America. With intense developments and an increase in awareness, there emerged step by step some progression in social structures. Different legitimate changes were presented, and enactments were passed to remove gender imbalance. Gender Justice simply means equality between men and women status. To achieve gender justice there must be a good correlation between social, cultural, economic, environmental, political and educational factors. Globally it has been understood that no country can progress without gender justice. Empowering women means acknowledgement of women’s rights and creating a platform for equal treatment so that women can get the right place in society. In spite of the fact that the Judiciary has played an important role in women empowerment.73rd and 74th Constitutional Amendment Act has given access to women’s in the process of decision making however their representation in the State Legislation and Parliament is woefully poor.1,462 views -
Right to Health which is the Real Wealth: A Synoptic View
Research Scholar at Career Point University Kota, School of Legal Studies & Governance, India.Pages 973 - 977The COVID-19 pandemic has taught us a lot. Amidst all the social distancing, hand washing, and lockdown, you may have realized and understood that the greatest three magic words are probably “Health is Wealth”. Without good health, you cannot move forward. It is like dragging a car forward without fuel. The right to health is considered a basic need of human beings as it is intrinsically connected with the concept of the right to life. Without a good quality of health of the people, the development of a nation cannot be achieved. Hence, health should be considered a basic indicator of development or freedom. Despite the several decisions of the Supreme Court whereby the right to health has been recognized as a fundamental right flowing from Article 21, no action has been taken by the Government to include the same within the Constitution. The paper proposes a brief study of the right to health within the Constitutional provisions and to examine the role of the judiciary in recognizing the right with a hypothesis that an explicit provision will be helpful in achieving the desired standard of health for people.1,187 views -
The Right to Personality and its Interplay with Intellectual Property Laws: An International Analysis of Character Merchandising
Student at Christ University, School of Law, IndiaPages 978 - 1003Character Merchandising has become the most prominent instrument in the marketing and advertising sectors' armament. Although courts in other countries have acknowledged the ability to safeguard a character's economic worth, the English court system is nevertheless ready to live in an environment in which the character's notoriety would deprive the character of the right to prohibit the illegal use of its hard-earned name. This research examines the growth of the legal framework that regulates personality and character merchandise protections. The study also examines the protection that exists in India to combat unlawful character merchandising and what additional safeguards may be implemented in light of the current condition of character merchandising regulations. This paper further examines whether character merchandising legislation must be improved and expanded so that an individual has a broader right to prohibit third parties from using parts of his personality in relation to the advertising or marketing of products or services. The analysis of the legal repercussions of expanding the scope and effects of some types of intellectual property rights to give recourse in situations of unauthorized utilization of an individual's personality for the marketing or sale of products or services will be a primary subject of this article.1,424 views -
Liability of Parties on Claims on Imports in India: A Risk Assessment
Student at Christ Academy Institute of Law, IndiaPages 1004 -1016Waterways account for 95% of the trade in-coming to India. To address this, the importance of accountability and responsibility of all the stakeholders for successfully completing one Import operation is immense, as it includes extensive labour, logistics and financial burden. The present paper aims to assess the risk taken up by way of proactive steps by the three major players in an Import transaction, Port authorities, Insurance Companies and Financial Institutions. The focus will greatly be on the transactions that commence after the vessel has entered the territory of India and when such vessel carrying imports experiences a wreck within the coastal territory. During such period, obligatory burden pushes the stakeholders to proceed with the necessary requirement to Salvage the vessel, foremost by activating the acts of the Insurance Companies. In most cases, such vessels are abandoned by the Charterer, Shipowner and even the Insurance Companies, completely burdening the Port Authorities with the responsibility of wreck removal. The present law fails to address the evidence of a breach of due care by the Insurance giver largely as they seem to escape responsibility and the Shipowner’s conduct periodically. This coerces the Port Authority to approach the financial institution for monetary assistance and claims on imports, adding an unnecessary financial burden on Banks.1,281 views -
Anti-Bank Fraud Regime for NPAs in India
LL.M. student at Galgotias University, Greater Noida, IndiaPages 1017 - 1027The initial purpose of deposit of money by customers in the banking institutions is to get the sense of security and safety alone. Later, the customer expectations gained new dimensions when the banks started to provide numerous facilities to attain the faith of the depositors. With the rise of the banking business, fraud in banks also came to the limelight. Today, fraudsters are not only individuals but the corporate personalities also. These corporate entities are subject to the lifting of the corporate veil, which ultimately helps in the identification of the culprits. Moreover, the possibility of committing fraud arises from the bank, from the customer or by the connivance of either of the two with an outsider. Therefore, several steps have been taken to address this mounting concern, including the enactment of the Insolvency and Bankruptcy Code 2016. However, this article tries to find out the Anti-Bank fraud regime for such bad loans, which have recently been transformed into fraud committed by corporate entities. The authors have relied on primary and secondary sources of data collection. The primary sources include laws, ordinances, regulations, circulars and various reports (if needed) of panels of experts and cases decided by the courts. Secondary sources include books, commentaries, dictionaries, encyclopaedias, legal reports, magazines, the Internet and newspapers.1,256 views -
Queer Parenting: A New Millennium
Student at Babu Banarasi Das University, Lucknow, Uttar Pradesh, IndiaPages 1028 -1033It is awful for India that we are still don’t have any such laws that allow queer parenting, law hasn’t allowed transgender community to avail the happiness of being parents. It is not wrong to say that the fight against discriminating against section 377 must not end there. It’s just like a battle of half-won. They face so much discrimination in their daily life at home or workplaces. India reflects diversification where everyone has equal rights, and according to article 15, there is no such discrimination. The government is working hard enough for the welfare of the transgender community. They provide different-different forms of programs, schemes and many free operations to ensure that they do not face any social difficulties. We must be aware that in previous times they were not even considered a gender, but now they got recognition as the third gender as per the right to choose your gender. The transgender community have various rights under the constitution of India, but one right for them is still missing, that is ‘can they adopt a child or not?’2,092 views -
Scope of AI in Alternative Dispute Resolution
Student at Vellore Institute of Technology, IndiaPages 1034 - 1037With the evolution of Artificial Intelligence in various sectors across the globe. The fact is that today, AI is permeating almost every field and the legal field is no exception. The use of AI in dispute resolution is a no-brainer. Given the immense number of cases that come up on a day-to-day basis having an automated system that consistently delivers the same, sound judgements for cases with similar facts, will help reduce the redundancy of proceedings and enable courts to focus the manpower of judges and lawyers on higher value cases that involve more complex issues. It is thus of utmost importance that the legal fraternity takes note of the growing developments in the sector and looks to implement this technology while trying to seamlessly integrate it into the existing framework. Efficacy without unnecessary disruption should be the theme of the general implementation. In pursuance of this, the following article aims to discuss the applicability and scope of Artificial Intelligence in the legal fraternity and the merits and demerits of the same, and aims to provide some suggestions as to the effective adoption and implementation of Artificial Intelligence in the legal domain.1,757 views -
Awareness of Privacy and Security Concerns using Electronic Devices: An Empirical Study
LLM candidate at Symbiosis Law School, Noida, IndiaPages 1038 - 1058In India, the access to advanced technology is at the cost of compromised privacy. The research aims at evaluating how much electronic device users are aware of their security and privacy. In this survey, we created questionnaires to assess the level of electronic security awareness displayed by the residents of Delhi/NCR and determine whether a general level of security complacency exists amongst electronic users or not. The results are demonstrated through pie charts and bar graphs and a conclusion is derived based on findings Stratified sampling method was employed to evaluate the survey of 205 respondents. The outcome reveals that even though the respondents are considerably aware of privacy issues and the need for data protection, they are still negligently leaking their personal information on the web. There is an urgent need to enact a comprehensive legislation which not only covers all possible arena of privacy infringement and data protection but also mandates individuals to be more responsible towards the protection of their own sensitive information.960 views -
A Study on Surrogacy: Issues and Perspectives in Indian Scenario
Student at Jindal Global Law School, India.Pages 1059 - 1067Surrogacy is a method whereby intended parents who are unable to have children turn to a woman's womb who is ready to carry the child to maturity for them and serves as a stand-in for the biological mother. The Surrogacy (Regulation) Act, 2021, the first legislation governing the practice of surrogacy in India, received the assent of the President on December 25, 2021. This act strictly bans commercial surrogacy and only ratifies the practice of altruistic surrogacy. While surrogacy should be acknowledged as a reproductive right available to all persons regardless of their standing in the community, the provisions of the Act become a major concern as they pose certain barriers inter alia, age restrictions, barring people from the LGBTQ community to make use of the technique and reinforcing the patriarchal norms of the society taking control over the autonomy of females. The progressive law, which attempts to make surrogacy available to those unable to bear children, has failed to be progressive owing to its very own nature by being discriminator and constituting ambiguous clause that leaves room for much debate and misinterpretation. This paper goes through the prevailing practices of surrogacy in the Indian context and gives a critical analysis of the aforementioned Act.1,659 views -
Role of Water Security in the National Security of India
Research Scholar at Department of Political Science, Central University of Haryana, IndiaPages 1068 - 1076When considering threats to national security, rivers, lakes, and glaciers are often not included. Lack of water, on the other hand, is becoming a threat to the security of many countries in a way that is not usual and is not well understood. There are threats to national security from non-military sources, such as climate change, which endanger people's lives and the stability of states. Climate change, resource scarcity, communicable illnesses, natural disasters, illegal immigration, food insecurity, narcotics trafficking, and transnational criminality. Many of these threats manifest on a worldwide scale, making individual efforts futile. To stop these threats, we need political, economic, and social changes, as well as the use of armed force by the people. Non-traditional security threats are often multinational in origin, perception, and effects. Political and economic concerns, rather than interstate competition or alterations in the balance of power, are often the driving forces behind these events. Non-traditional security threats include a lack of resources and migration that doesn't follow the rules. Both of these things can lead to social unrest and political instability. Human meddling with the delicate natural order often causes other risks, like climate change, which can have devastating effects on nations and people and can be difficult to reverse. Most countries' efforts to address these issues on their own fall short, calling for international and regional collaboration. In this paper we tried to show how water affects the national security of India.1,201 views -
Outer Space Debris: An International Obligation to Mitigate and Control
LL.M. student at Dharmashastra National Law University, Jabalpur, IndiaPages 1077 - 1084This research paper will attempt to analyze the causes of space pollution, the international measures and obligations of States to reduce this situation, and what can be an effective control mechanism in this situation. Various Government and non-Government organizations are discussed those are trying to mitigate space debris are ICAD, UN guidelines, ESA, and others they all making efforts towards preserving space and controlling space pollutants.1,331 views -
Towards Gender Equality: Enhancing Women’s Representation in Indian Legislature
Advocate at Punjab and Haryana High Court, Chandigarh, India.Pages 1085 - 1094Women’s participation in politics has always been an issue concerning modern-day political experts. Traditionally, they played second-fiddle to their male counterparts for no fault of theirs. The role of women in the legislature is one of the most arduous and integral aspects of blooming democracy in its truest sense. But the Women’s Reservation Bill lying before the Parliament provides limited scope for great improvements in the said arena. This article focuses on an alternate model of reservation for women with key amendments to the People’s Representation Act. This paper aims to what are the government’s pros and cons of women’s reservation and why this bill was passed in parliament. The author of this research paper will present their finding in this regard, duly supported by secondary data.1,297 views -
Need for Revamping the Dispute Resolution Mechanism of Copyright Matters in India
Ph.D. Scholar (Batch of 2019) at Dr. Ram Manohar Lohiya National Law University, Lucknow, IndiaPages 1095 - 1102It is noteworthy that the dispute resolution mechanism for Copyright issues has always been under scrutiny for not being as effective, which is something that can be said for all the other domains of IPR as well. The situation has worsened all the more in the wake of Covid-19; having seen the imposition of ‘lockdown’ time & again. A chunk of India’s population has been under various types of lockdowns — full, partial, or weekend — according to the orders issued by Central as well as different state governments. The mechanism for the resolution of disputes in this light, for Copyright matters, however, has always been somewhat of a glint. In 2017, an amendment to the Copyright Act, 1957 by way of the Finance Act, 2017 substituted the Copyright Board with another authority which came about to be known as the Intellectual Property Appellate Board (IPAB), which was created through Trade Marks Act, 1999 with the aim of clubbing all the Intellectual Property disputes to be handled by a single authority. This essentially proved to be inconsequential. The trend of incompetency of the Copyright Board in dealing effectively with the dispute due to lack of technical personnel continued post substitution to IPAB as well. As it turned out, the IPAB turned out to be yet another stillborn provision that was meant for handling copyright disputes as it was dissolved by a government notification in April 2021. This scenario in the wake of and now post-Covid begs the question as to when will the need of having an effective mechanism for resolving disputes be heeded, a question that has been in existence for about two decades.1,264 views -
Demystifying the concept of Deceptive Similarity under Trade Mark Law
Research Scholar at Amity University Mumbai, India.Pages 1103 - 1109The term Trade Mark can be attributed as a mark that differentiates the goods and services of one person from that of others. A trademark can be held to be deceptively similar to another mark if it creates any kind of confusion in the mind of consumers of the goods and services. The act does not lay down the parameters that are to be taken into consideration while determining the question of deceptive similarity The present article analyses the concept of deceptive similarity, through various decisions of the courts. The factors which are to be taken into consideration, while determining the question of deceptive similarity are identified.1,794 views -
Solitary Confinement: Story Woven in Silence
Student at Institute of Law kurukshetra University, Kurukshetra, IndiaPages 1110 - 1118Your room could be covered in a matter of steps in its entirety of dimensions, the room was a steel door without anyone ever leaving, if there was no one to talk to but yourself, would the silence break the sanity of the mind? The description of solitary confinement can be measured in words however the true impact can only be felt by an inmate sitting inside the cell, Solitary confinement is utilized for a variety of reasons, including disciplinary punishment, criminal investigations, protecting an individual, and preventing dangerous circumstances. In India solitary confinement is bound under the law in a matter to protect individual rights as well as the prisoner’s rights. Solitary confinement is a significant problem in the USA and has an impact on thousands of people's lives. Being left alone for long periods of time—months or years—can cause excruciating suffering. The side effects can include anger, rage, paranoia, hallucinations, anxiety, panic, and, in rare cases, suicide. The study focuses on the nature of confinement and its impact on individuals.1,326 views -
Ancient Legal System of India
Student at IILM University, Gurugram, IndiaPages 1119 - 1126Dance, civilization, culture, tradition, enormous temples, medicine, literature, astronomy, arithmetic, and other topics come to mind when we think about ancient India, but one aspect that is crucial for any country to exist is its legal system. Since ancient times, our laws have been among the most developed, and we can witness some of these advancements in the laws of the twenty-first century. A significant portion of Hindu law originates from Rig Veda, it is considered to be divine law as it is believed, when God was in deep contemplation they revealed this knowledge to the sages.1,722 views -
The International Court of Justice’s Disputes Settlement in International Law: A Bird’s Eye View of the Dispute between Cameroon and Nigeria Relating to the Bakassi Peninsula
Associate Professor of Laws and Political Science and Head of English Law Department, University of Buea, CameroonPages 1127 - 1144The settlement of international disputes embodied in various legal instruments, especially the International Court of Justice (hereafter referred to as ICJ or the Court), with its seat at the Hague, established to ensure the principal judicial organ of the United Nations (hereafter referred to as UN) to materialize the fundamental objectives of the UN; maintenance of peace and a stable world order, adjustment or settlement of international disputes which might lead to a breach of peace. The ICJ has two main functions: to settle legal disputes submitted to it by states in accordance with international law and to give advisory opinions on legal questions referred to it by authorised international organs and agencies. The Security Council of the UN enforces judgments of the ICJ. The ICJ has been able to resolve a wide range of international disputes including that between Cameroon and Nigeria over the Bakassi peninsular. The paper examines the role of the ICJ in the settlement of international disputes with an objective to ascertain its effectiveness in adjudicating the dispute between Cameroon and Nigeria over the Bakassi Peninsula and to evaluate the effectiveness of the Court, the extent of its success and weaknesses. Doctrinal methodology applied with a qualitative research approach. Findings show some shortcomings in the workings of ICJ in the settlement of international disputes. This work benefits legal scholars as a point of reference, international legal scholars, and governments especially those of Cameroon and Nigeria as well as others in the sub-region as it highlights the importance of peaceful settlements of border disputes.1,613 views -
Challenges Faced by Children at Child Care Institutions under the Juvenile Justice (Care and Protection of Children) Act, 2015: A Legal Study
Research Scholar at Department of Law, School of Legal Studies, Central University of Punjab, Bathinda, Punjab, IndiaPages 1145 - 1162Childhood is the most important part of human life. A person's childhood decides what he will do in future. In this way, children are the future of the world. If the children have no family, then it comes to the state to provide equal care and affection to the children as family under the Juvenile Justice (Care and Protection of Children) Act, 2015. The present study is an attempt to find out the factors that lead to a child becoming homeless and coming to child care institutions. Further, the study analysed the rehabilitation measures undertaken by child care institutions to ensure maximum care of children. The study is based on doctrinal research, which used both primary and secondary sources of data and materials. Primary sources like court reports, Acts, government documents etc. have been used, and secondary sources like books, magazine articles, newspaper articles, magazines etc. have been used. The study suggested for active operation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice Model Rules 2016.1,981 views -
Well-Known Trademark: Registration and Safeguard
Working in Areness - Law and Beyond, New Delhi, IndiaPages 1163 - 1168A trademark is a sign, logo, or mark which helps consumer to recognize the product they want to use and that’s why the protection of a trademark is important. On the other hand, a well-known is a famous, popular mark among a relevant section of society, and safeguarding a well-known trademark is important for the owner of that trademark so that any other person will not gain an unfair advantage over his product. What protection is provided to a well-known trademark in international treaties? Filing and protection of well-known trademarks in India and what the lacunas are there in trademark rules 2017 will be discussed in the paper with various judgments of courts.1,524 views -
Is Responsibility to Protect a Bane or Boon?: The Case of the Russia-Ukraine War
Pursuing Ph.D. at the West Bengal National University of Juridical Sciences, Kolkata, IndiaPages 1169 - 1176The legal dilemma surrounding humanitarian intervention is never-ending. The concept, even though has gathered moral and philosophical ramifications but failed to be justified on legal grounds and hence never gained prominence in the international field. The prevention of the use of force, as well as respect for sovereignty of the member states as laid down in the UN Charter, championed all the causes that could permit intervention on humanitarian grounds. However, for Annan, there was no dilemma; for him, the concern for the abuse of human rights should precede the fact that the UN Charter prohibits the use of force as he affirms: ‘the world cannot stand aside when gross and systematic violations of Human Rights are taking place. Intervention must be based on legitimate and universal principles. Annans seek for a response from the world community was eventually answered via a report named “Responsibility to protect”. In September 2000, the Government of Canada along with a group of major foundations announced the establishment of the International Commission on Intervention and State Sovereignty (ICISS), which was entrusted with the responsibility of establishing acceptance criteria for the purpose of humanitarian intervention. Since 2005, R2P has been applied in crises of the Central African Republic, Democratic Republic of Congo, Liberia, Libya, and Mali and in more than 80 UN Security Council resolutions. But they have been abused too. The US was the first country to manipulate the report to justify its invasion of Iraq. Similarly, we see Russia distort g the language of the report to legalise its military aggression in Ukraine. The paper show that these two distortions are setting a trend that would be taken up by the powerful states in the future to establish their power over the smaller states in the pretext of re[possibility emanating from the report.1,133 views -
Analysis of Employee Welfare Measures Taken by Industries in Covid-19 Epidemic
Pursuing Ph.D at Dept. Of Commerce & Business Management, Ranchi University, IndiaPages 1177 - 1186Since last year, covid has had a significant impact on industrial practices and standards. There are now additional aspects to consider. Over a hundred medium and large Indian business houses and multinational corporations (MNCs) from a variety of industries participated in this study, which was performed from June to December 2021. In order to ensure the well-being of employees, organisations have implemented a variety of initiatives, such as vaccinating their employees, creating a special task force, providing support to COVID-19-infected employees, and supporting the families of employees who have died due to COVID-19.1,093 views -
How does Bully Affect the Students these days?: An Empirical Study
LL.M. student at Symbiosis Law School, Noida, IndiaPages 1187 - 1203The purpose of this research was to evaluate the effects that bullying has on students. A methodology based on empirical analysis was adopted for the investigation. The sample for the research was comprised of academic institutions in the Delhi National Capital Region. The sample size was made up of 165 students from the Delhi National Capital Region. The research aims and hypothesis were included in the development of a self-administered questionnaire, which was then delivered to the research sample subjects. All of the questionnaires that were distributed were collected. Google forms were used to perform the coding and analysis of the results. According to the findings of the research, bullying in academic institutions occurs in all academic institutions, irrespective of whether they are run by the government or by private organisations. The study came to the additional conclusion that bullying has an effect on the academic achievement of students, both the victims and the bullies. In addition to this, it was discovered that the vast majority of people in Delhi are of the opinion that there is an urgent need for a legal framework to prevent bullying.1,393 views -
Revisiting the Legacy of International Law
Counsel at the High Court of Punjab and Haryana, IndiaPages 1204 - 1212Today, the achievements and the importance of International Human Rights Law is lauded by various international organizations, especially the United Nations. International Human Rights Law, undoubtedly, is a major area of international law. The idea of establishing these international laws, especially human rights law, was to ensure that people across the world have access to certain basic universal rights. However, instances have shown that international law and sanctions have failed to protect the most vulnerable from the violations of human rights. It certainly is an occasion of sorrow when the intended purpose of instituting an area of law does not meet its end, but it is even more remorseful when that same area of law is used as a perpetrator to further the violence that it was meant to condone. In this context, it is essential for us to learn the history surrounding these laws which has remained extremely controversial. Hence, we must understand the legacy and rethink the origins of international human rights law to ensure that it is made more inclusive and meets the intended purpose.1,170 views -
Critical Analysis of New Labour Codes
Ph.D Scholar at Dept. Of Commerce & Business Management, Ranchi University, IndiaPages 1213 - 1227All code are passed by Parliament and signed by the President and ready for implementation but still not effective as date of effectiveness not notified. They will replace 29 existing labour laws. A new definition of machinery, worker, etc, has been introduced. The Central Government can apply this Code to any establishment subjected to the size threshold as may be notified. The Code also makes provisions for the registration of unorganised workers, gig workers, and platform workers. Changes in the Employees Provident Fund (EPF) and Employees State Insurance Scheme (ESI) for gig and platform workers have come into effect. The Occupational Safety, Health, and Working Conditions Code will require all businesses to have bathrooms, showers, and locker rooms for both men and women as well as transgender people with proposed maximum of 12 hours working in a day. The right government is now defined completely for public sector undertaking. The Code on Wages, 2019 aims to regulate wage and bonus payments in all employments. The Code forbids discrimination on the basis of gender in matters relating to remuneration and recruitment of employees for the same or similar work. SSC lacks a regulatory framework and mechanism for universal social security. MWC 2020 has once again ignored and failed to define a methodology for determining an acceptable minimum wage for workers. It has also dismantled enforcement mechanisms and workers' rights to bring claims in court, as the Supreme Court has already directed.3,727 views -
Rise of Green Politics and Evaluation in the Context of the Contemporary World
Student at National Law University Odisha, IndiaPages 1228 - 1242Green politics, as the name suggests is a green approach towards politics. A common assumption made about green parties are that they have a single strict green agenda which is a misconception. This is a new concept that incorporates countless social issues prevalent in the modern world. The following paper seeks to enlighten the readers about this emerging concept and the need for it. The uniqueness of the green political theory is that it takes the typical political issues like freedom, justice, equality, or rights and adds a green dimension to them. This gives rise to a much-needed co-dependency between humans and nature. The following research work begins with a brief introduction and explanation of the green political theory. The gradual development of green theory by many scholars and the formation of green parties around the world led this ideology to be a part of mainstream politics. The paper also examines the merits and demerits along with the criticisms faced by green politicians. Although some principles of Green politics are widely followed in Indian politics, there is still a lack of a clear green ideology in the country. The paper goes on to elaborate on the causes for the same. This article makes use of various books, journal articles, online blogs, and green websites along with prominent news websites to support its arguments in the field of green politics. It goes on to examine the current standing of green politics in the political arena and its future prospects. There is a natural obligation for the present generation for the duty of care for the future of the planet. The duty along with the political will and positive attitude of the citizens would.1,504 views -
A Chapter on Microplastic Pollution in Uttarakhand, India
Intern at Dhirenuma Social Welfare Foundation, IndiaPages 1243 - 1252Microplastics are any form of plastic fragment smaller than 5 mm and are a pollutant which is harmful to the environment we live in. Microplastics come in two different categories: primary (which directly enter the environment) and secondary (from the breakdown of larger plastics). Microplastics are pervasive in the environment and have been found in drinking water, both bottled and tap water, fresh water, food, air, and marine systems. Emergent contaminants like microplastics are becoming a relatively recent form of pollution in various ecosystems throughout India. The majority of the plastic debris in marine environments—about 80% of it—comes from terrestrial sources and is known to be transported by rivers. Microplastics produced as marine plastic pollution degrades cause climate change indirectly by harming ocean life and directly by emitting greenhouse gases. There are many factors that contribute to the microplastic contamination of groundwater in India, including tourism-related activities, industrial and domestic effluent discharges, fragmentation of poorly managed plastic debris, and riverine leaching. Airborne microplastic contamination also poses a serious threat in India, one of the cities with the worst air quality. Due to the non-degradable nature of plastic and the fact that it persists in many ecosystems, excessive plastic use is becoming a significant cause of environmental concern, even though India has banned single-use plastics. India, one of the world's top producers of plastic waste, is gradually stepping up its microplastic research. By using evidence from field research and reviewing the available scientific literature, this article aims to present the most recent understanding of microplastic pollution in Uttarakhand's environment.1,534 views -
An Empirical Study on Forensic Analysis of Drugs Facilitated Sexual Assault
Student at Saveetha School of Law, IndiaPages 1253 - 1267Drug-Facilitated Sexual Assaults (DFSA) have increased notably in the past few years. To facilitate sexual assault, tablets and alcohol are used often. Date rape drug impacts quick fitness reasons fitness issues like a sense of sleep, confusion, and lack of consciousness, much less capable of shielding towards sexual assault. The main of the research is to determine the reason for using drugs in committing sexual assault, to find the most widely used rape drug, and to understand whether the person who takes these drugs willfully can also be a victim because of the sedative property in it. The Research method followed here is empirical research. A total of 200 samples have been taken, out of which are taken through simple random sampling. The primary sources are taken from the general public in the form of survey methods. The independent variables taken here are age, gender, employment status, marital status, and educational qualification. The dependent variables are alcohol as the most commonly used drug, the reason for using drugs for committing sexual assault, the most widely used drugs, need for awareness. The statistical tools used for this analysis are a graphical representation. It was found that most of the time, date rape cases are not reported on time due to numerous reasons like a victim not being able to recall what happened, fear of humiliation, peer pressure, defamation, and social taboo. Investigators face challenges while analyzing the evidence collected due to delayed reporting, as most of the drugs have short half- life, are easily metabolized, and can be eliminated from the victim’s body.1,255 views -
Post Covid Impact on Industries and Realignment of Compensation & Benefits in India
Pursuing Ph.D at Dept. of Commerce & Business Management, Ranchi University, IndiaPages 1268 - 1278Covid had a significant impact on industry rules and processes last year. HR role has significantly expanded, with additional responsibilities to ensure business continuity and drive employee engagement. People's mental health, sense of well-being, and sense of belonging have all suffered as a result of these lockdowns. Key areas in focus are Employee Retention, and evolving motivational and aspirational needs. Introduction of Recognition schemes and Group Term Life insurance, Equipping & supporting employees, Outreach programs, safety and customer engagement, and Support to family. Business Impact on Different Industries like Automobile Industry, Manufacturing, FMCG, Information Technology and based Industries, Banking, Financial Services, and Insurance sector (BFSI), Retail, Telecom, Tourism, Apparel, and textiles. Strategies/ Protocols followed for Reopening of industries and Impact of COVID-19 on Annual Increment 20211,303 views -
Surge in Cybercrime against Children in India amid the Pandemic
Research Scholar at Lovely Professional University, Phagwara, Punjab, IndiaPages 1279 - 1287According to the most recent NCRB data, there was a more than 400% rise in cybercrime cases involving minors in 2020 compared to 2019, with the majority of them involving the publication or transmission of materials showing children in sexually explicit acts. Due to the COVID-19 induced lockdown in India, internet activity of most people increased, leading to an expected increase in the rate of cybercrimes. Our research work is based on the quantitative analysis of cybercrime cases under the IT Act and Indian Penal Code in top vulnerable states and cities in India. The purpose of this Paper is to objectively assess the cybercrimes against minors in India in light of the country's current Law and Order situation and make recommendations. We can define cyber law as it is the part of the legal systems that deals with the Internet, cyberspace, and with the legal issues. It covers a broad area, encompassing many subtopics as access to and utilization of the Internet, and online security or online privacy.1,423 views -
Drawing the Line: Comparison of the Public Health (Prevention, Control & Management of Epidemics, Bio-Terrorism & Disasters) Bill, 2017 with the Health Law in the United Kingdom
Student at The National University of Advanced Legal Studies, Kochi, IndiaPages 1288 - 1293The Public Health (Prevention, Control, and Management of Epidemics, Bio-Terrorism & Disasters) Bill, 2017 was drafted with an aim to manage epidemics and public health concerns in an effective manner. It entrusted with the executive many sweeping powers without providing adequate safeguards. Although legislation of this kind is novel to the Indian scenario, similar legislation have already been enacted in different parts of the globe. This article is an attempt to compare the provisions of the impugned bill with those in the United Kingdom. The Public Health Bill, 2017 (India) is compared with the Public Health Control of Disease Act, 1984 (UK), the Civil Contingencies Act, 2004, and the recent Coronavirus Act, 2020. The aspect of Bioterrorism, although significant, is beyond the scope of this article and hence not elaborated upon.1,126 views -
Role of Asset Reconstruction Companies (ARCs) in Handling Non-Performing Assets (NPA) in Banking
Research Scholar at Sri Krishnadevaraya University, IndiaPages 1294 - 1314Asset reconstruction companies (ARCs) is a type of finance company in India. They were formed as part of steps taken by the Government to clean up the balance sheets of banks and financial institutions and help revive the credit and investment cycle in India. The ARC industry was born out of the Recapitalization and Financial Services Industry Development Act 2002. The Act gave an opportunity to banks, insurance companies, and financial institutions that have been in losses for some time, or are facing temporary capital problems.1,752 views -
Interest-Free Banking in India Legal Challenges
Assistant Professor at Saraswati Institute of Law, Palwal, IndiaPages 1315 - 1327This article talks about the application of interest-free banking within the legal and regulatory framework of the Indian banking system and gives an overview of banking in India. This article provides list the measures taken by India towards the introduction of Interest –free / Islamic banking and reviews the major impediments, issues, and concerns involved in the introduction of interest-free banking in India1,170 views -
Foundations of the Crime of Genocide under International Law
Master student at Department of Public Law, Selcuk University, Konya, TurkeyPages 1328 - 1343Humans have traveled to many continents and, on countless occasions, have destroyed or attempted to exterminate their own species in the most brutal ways, completely or in groups. Genocide took place in different continents and regions of the world, in different types of civilizations, societies and cultures. It is known that throughout human history, significant mass killings have occurred in Europe, as well as in America, Africa or Asia. There is no particular reason to think that our ancestors differed in the way they confronted and destroyed their enemies. It was almost routine for clans and tribes to carry out "acts of genocide" against their rivals, similar to ancient empires and modern nation-states that waged a genocidal campaign to destroy their imaginary or real enemies. The purpose of this article is to provide a comprehensive understanding of the different interpretations of the crime of genocide, particularly the specific intent component, by international courts and tribunals, and how this may endanger the punishment and prevention of genocide.1,188 views -
Dynamics of Intellectual Property in Inheritance Rights
Student at Kirit P. Mehta School of Law, NMIMS, Mumbai, IndiaPages 1344 - 1351Intellectual property rights have a big impact on international trade in the modern period. The possibility of creative ideas being taken without the author's permission is increased in this digital age. Strong IP regulations are necessary since they contribute to the state's economy generally. IPR is one of the means of securing intangible assets. The property that is delivered to a descendant when a relative passes away can be broadly referred to as an inheritance. When someone passes away, their property, titles, debts, rights, and liabilities are transferred to another person by way of the right of inheritance. Some of the law regulating succession in India is the Hindu Succession Act, Indian Succession Act, Muslim Personal (Shariat) Law, etc. The purpose of this research paper is to analyse inheritance rights with respect to Intellectual Property.1,863 views -
Countering Terrorism through Communications Surveillance: A Human Rights Perspective
Student at Chanakya National Law University, IndiaPages 1352 - 1372Terrorism, communications surveillance, and human rights are closely connected with one another in the sense that the presence of terrorism makes the use of communications surveillance somewhat necessary as a tool of countering it, and both of these affect the human rights of the people who are subjected to them. So, how do we proceed with something that, on the one hand, serves as an important tool for countering terrorism, but on the other, raises questions about upholding the human rights of the mass? This paper seeks to understand and analyze the system of communications surveillance by States for the purpose of countering terrorism and any other threats to the national peace and security of the country, while also discussing what it means for the rights of the people and to what extent the two can co-exist to achieve a world without terror and politically motivated and premeditated use of violence on large scales around the globe. It further emphasizes on the need for applying the International Principles on the Application of Human Rights to Communications Surveillance, also known as the Necessary and Proportionate Principles.1,509 views -
The Paradox of Public Interest Litigation as the Ultimate Cannon of Law
Student at His Highness Maharajas Govt. Law College, Ernakulam, Kerala, IndiaPages 1373 - 1378Public Interest Litigation (PIL) plays an important role in the civil justice system as it can achieve goals that could hardly be achieved through traditional private litigation. For example, PIL offers a ladder to justice for disadvantaged sections of society, provides an avenue for enforcement of diffuse or collective rights, and enables civil society to not only spread awareness about human rights but also involve them in government decision-making. This article will show that PIL can achieve these important goals with reference to the Indian experience. However, the Indian PIL experience shows us that it is critical to ensure that PIL does not become a facade to serve private interests, settle political scores or gain easy publicity. Therefore, the challenge for states is to strike a balance between allowing legitimate public interest cases and discouraging frivolous ones.1,147 views -
The Capital Punishment: An Analytical Study of the Indian Death Penalty and its’ International Counterparts
Student at SASTRA Deemed University, IndiaPages 1379 - 1394No person should be condemned unheard. The chances that a person might be innocent after being accused at the outset are the reason the Indian system of punishment is tolerant. The death penalty is awarded in India in the rarest of rare cases. A life that is lost once cannot be retrieved back. Even in rare cases, the process of awarding capital punishment has remedies along its way. From the proceedings in trial courts to appeals in the High Courts with jurisdiction, then the Supreme Court of India, and finally the President’s pardon- the death warrant is not awarded unless it is unquestionable that the accused deserves the sentence. While India values justice, the situation can be compared to the Kingdom of Saudi Arabia and the United Kingdom- both on opposite ends of the scale. In a recent incident, Saudi Arabia ordered the mass execution of 81 people for various crimes. These included being part of anti-government protests and charges such as “allegiance to foreign terrorist organizations”. It is known as the largest mass execution in the kingdom in its neoteric history. On the other hand, the United Kingdom has abolished the death penalty entirely by Article 13, Protocol 1 of the Human Rights Act. The crime rate for Saudi Arabia in 2017 was 1.27, which was a 14.49% decline from 2015. The crime rate in the United Kingdom was 79.52 per 1,000 people in 2021–2022. The overall UK crime rate saw a 1.18% increase from 2020. This paper traces the death penalty's history and crime rates of all three and compares the same effect. It also looks into the international conventions and changes introduced. The ultimate question asked is - Which is better: To mitigate the loss of the death penalty or to avoid it?1,629 views -
Startup Capital: The New India
Student at University of Petroleum & Energy Studies, Dehradun, IndiaPages 1395 - 1410Startups frequently face pressures in commercializing items and administrations. Every year around 28,800 start-ups get registered but only 5-10% get recognized considering the regional capital and encounters, new companies may not qualify for institutional value venture toward the beginning. Consequently, it is significant for new businesses to raisesubsidizing for short-and long-haul development at the establishing stage. This paper endeavors to feature critical writing surveys and research holes connected with new businesses' wellsprings of financing and to showcase how start-ups are getting internally and externally. One of the critical discoveries in this paper is financial backers' choice in giving financing. This paper will add developing writing on factors that impact financial backers' direction, and guide in looking at startups.1,810 views -
A Scenario of Probation System in Bangladesh: An Appraisal
Advocate at District Judge Court, Kushtia, Bangladesh & M.Phil. Researcher at Department of Al-Fiqh and Legal Studies, Islamic University, Kushtia-7003, Bangladesh.Pages 1411 - 1428When looking at the history of legal actions in Bangladesh, considerable legal advancements have been made in the area of access to offenders throughout the last century, with a focus on allowing access to minors. Probation, on the other hand, is still a relatively new concept in the criminal justice system. The unnatural congestion of inmates in prisons as a result of an over-reliance on imprisonment as a sole means of punishing offenders has a devastating impact on inmates both before and after their release. To get out of such a bad scenario in prison, offender-friendly methods must be considered as an alternative to imprisonment, notably enhancing the existing probation system. This study tries to put the recommendations for relevant attention into action in light of realistic needs and analyzes how to activate the probation system and enhance important laws and policies for the wider goal of reducing the number of overcrowded inmates in prisons, reforming offenders for specific crimes, and reintegrating them into society as decent citizens.3,614 views -
Kotak Mahindra Bank vs. A. Balakrishnan and MS Prasad Properties and Investments Pvt. Ltd.
Student at University of Petroleum & Energy Studies, Dehradun, Uttarakhand, IndiaPages 1429 - 1433Insolvency and Bankruptcy Code 2016 has brought drastic changes in the legal regime of debt recoveries. Interpretation of the code by the judiciary unfolds various parameter of the code for the purpose of regulation of the Insolvency resolution process of the corporate debtors and the creditors. Section 7 of the said Code gives the opportunity to the financial creditors to initiate the insolvency resolution process against the corporate debtor. The interpretation of the said section has been brought up before the apex court time and again. In the present case the question before the court is Whether a recovery certificate issued under Recovery of Debt and Bankruptcy Act 1993 by Debt Recovery Tribunal would constitute financial debt against the corporate debtor or not. Hence would it be qualified for the initiation of resolution process under section 7 of the IBC 2016. Since the recovery certificate was issued before the code is passed, so whether it will not be barred by the limitation period of filing the insolvency process. The judgment passed by the Hon’ble Supreme court has been discussed below and a understanding to it’s obiter dicta is attempted by the author.1,568 views -
A Multitude of Gaps – From Publicity Rights to Ambush Marketing
Student at National University of Advanced Legal Studies, Kochi, IndiaPages 1434 - 1448The protection of the Intellectual Property Rights of any and every valid discovery is an imperative step in the assurance that the fruit of their hard work will belong to them. It will not be taken away from them and no undeserving copycats will benefit from their effort. Intellectual Property Rights play a huge role in protecting ownership and the work product in several industries across the world, the sports industry and sports law are one of the major players amongst them. The principles of Intellectual property demarcate and uphold authenticity. Sport is a prime example of a discipline that relies on authenticity and genuineness. And as days turn weeks, we observe a steady increase in the necessity to reinforce the need for Intellectual Property Rights in Sports. The avenues for applying IP Rights are extensive in every sports arena. This ranges from the manufacturing process of a particular golf ball to the guidelines imposed by the International Olympic Committee for the Protection of the Olympic Symbol under the Nairobi Treaty. Today IP Rights are moreover used to enable the rights of the sponsors and the stakeholders in particular events. This article is aimed at gaining a broader understanding of the combined applications of the two disciplines, IPR and sports law in a global outlook.1,144 views -
Domestic Violence with Reference to Gender Justice: An Analysis
Student at Faculty of Law, Aligarh Muslim University, IndiaPages 1449 - 1459Gender and violence are linked. Men and women have different responsibilities and behaviours as children and adults, determined by gender norms. These social standards dictate suitable male and female behaviour. Gender roles and behaviours often produce disparities in which one gender gains power at the other's expense. In many civilizations, women are subordinate to men and hold lesser social positions, giving men more decision-making power than women. Gender inequality has lasting societal effects. Gender imbalance boosts men's likelihood of assaulting women. Due to the assumption that men should reign over women, women and girls are more prone to physical, emotional, and sexual abuse by men. They make it harder for victims to flee or seek help. Men commit most of the violence against women despite efforts to promote gender equality. This paper seeks to analyse Gender Violence against Women in particular while studying the concept of Gender Justice and the response of the Indian Judiciary to the same.1,339 views -
Two Revolutionary Unsung Women Freedom Fighters of India
Assistant Professor at Department of English, Shri Digamber Jain Acharya Sanskrit College, Sanganer, Jaipur, IndiaPages 1460 - 1467In the background of Indian history, women freedom fighters played a significant role in freedom movements. These are the personages remembered today for the unique combination of virtues like bravery, courage, sophistication, elegance and devotion, and patriotism. A talk about freedom movements and freedom fighters without mentioning female heroes’ participation is quite incomplete. Many women revealed themselves as true warriors in this struggle for freedom and got their names imprinted on our hearts forever, but some female freedom fighters fought in either background or as supportive ones and could not get even proper acknowledgment today. Several women were there who sacrificed their lives for our nation but remained lesser-read and known women in Indian history. In this paper, the life of two such female freedom figures will be enlightened.1,646 views -
The Effect of Telecommunications Law on Economic Development in India
Student at PES University, IndiaPages 1468 - 1483The telecom sector of India has witnessed fast and steady growth in the last few years. When the number of telephone users is taken as the factor, the Indian telecommunication network is the second largest in the world. In July 2012 the number of telephone subscribers in India was approximately 944.81 million. It has grown at a phenomenal pace with 1,172 million subscribers in July 2022, with both urban and rural telephone subscriptions experiencing growth making the Indian Telecommunication sector one of the fastest growing in the world. The telecom sector plays an important role in the socio-economic development of a country and the initiatives taken up by the Indian Government to make India digitally advanced have played a major role in the growth of the sector. An increase in domestic demand, liberalization and globalization, policy initiatives and policy amendments, increasing investments, regulatory reforms, and increasing competition are other factors influencing the telecom sector. This paper tries to analyze the role of major policies and regulations, and the changes they have brought to the telecom sector changing it into a more competitive market from a monopolistic market. The establishment of the Telecom Regulatory Authority of India (TRAI) in 1997 and the introduction of policies like the National Telecom Policy of 1992 and many more over the years helped regulate and sustain the competitive nature of the industry. The paper examines each policy and the impact it has on the growth of the Indian Telecommunication Sector.1,365 views -
US Hegemony in World Politics
Student at National Law University Odisha, Cuttack, IndiaPages 1484 - 1497This article discuses on the US dominance in world Politics. The era after 1991 left US as the only superpower but its hegemony could be seen prior to that. It further discusses the multiple aspects of US dominance and the current challenges that the US provides to the Present world. It provides a brief about American Hyperpower, Oil Politics, and US dominance in other arenas. The article also gives insight into the supremacy of the US in the educational, social, and cultural fields. It also discusses India’s relationship with the US and Chinese dominance as an alternative to US hegemony.1,976 views -
Taxability of Cryptocurrency in India
Student at UPES Dehradun, IndiaPages 1498 - 1508This paper aims at a multi-pronged analysis of India’s present policy regarding block-chain technology and cryptocurrency, and the creation of a sustainable model outlining the structure of a proposed regulatory framework. Herein, India’s behaviour and attitude towards technology are studied in light of official statements, infrastructural development, and legislative action with respect to blockchain, and the present policy is inferred to be observational in nature and may also be referred to as a ‘wait-and-watch’ policy. The present paper focuses on the taxability of crypto-assets in India. The nature of cryptocurrency for regulatory purposes in the suggested framework is proposed to be two-fold. This would depend on the purpose for which virtual currency is utilised, either by consumers, trading platforms, exchanges, etc., that is, on time-based usage.4,455 views -
Environment Law in India for Sustainability and Management
Student at Amity Law School, Jaipur, India.Pages 1509 - 1515This is a set of environmental protection laws in India that regulate how people interact with their surroundings. The purpose of environmental law is to protect the environment and provide guidelines for the use of natural resources. In addition to ensuring that the environment is protected from harm, Indian environmental law also serves as a reminder of who has the right to use natural resources and under what conditions.1972 The Forest Conservation Act and the Environment (Conservation) Act 1986 are three important environmental laws. Environmental protection is an integral part of sustainable growth. Development is impossible without proper protection of the environment. Sustainable growth can only be achieved through positive environmental measures. Furthermore, the Environment (Protection) Act 1986 includes sustainable development as one of its objectives. The goals and objectives of the law can only be achieved through sustainable development as outlined in Article 21 of the law.4,135 views -
From Indus Valley to Industry: India, A Harbor for Foreign Investments
Student at the Jindal Global Law School, O. P. Jindal Global University, Sonipat, IndiaPages 1516 - 1525After years of contemplation and discussion, the world has finally come to the consensus that foreign investment is imperative for growth but with this growing consensus the world is left with a rather complex question - which is the best destination for an investor to invest in? The present paper aims to answer this question by discovering India as an advantageous land for foreign investors with special emphasis on foreign direct investment. For this, the paper cites eleven factors – geo-political location, human resource, economy, price of land, investment laws, international trade relations, infrastructure, natural resource, stability, technology, and contemporary situation and how India aces in many of them and how rapid progress is underway for some others.1,724 views -
Public Health Law in India
Student at PES University, IndiaPages 1526 - 1533Public health aims at controlling and preventing the spread of diseases by making regimental choices for society, individuals, and private and public sectors. Public health services reduce exposure to various communicable and non-communicable diseases by implementing vector and reservoir control and sanitation. Public health law helps in the refine understanding of the role played by the government in order to ensure that the citizens of the country are healthy. Although there have been consistent interventions in the past to address public health problems, there is a need for a systematic framework that allows the use of ‘modern legal tools’ for compound health problems. We analyse the past and present healthcare systems and conclude if new ways have brought any societal changes.6,584 views -
Role of IPR in Protection of Biodiversity
Student at Unity PG & Law College, IndiaPages 1534 - 1537In today's globalized world, Biological Diversity is the hallmark of the life of living beings. We can say that it is the backbone of sustainable development. The current Intellectual property rights (IPR) are encouraging the commercialization of seed development, monoculture, protection of new plant varieties, microorganisms, genetically modified organisms, etc. Biodiversity is the cornerstone of our sustainability. Developed countries are not rich in biogenetic resources but are better equipped for research and Development. They use biogenetic resources obtained from developing countries. As a result, insecurity has begun information from developing countries to the capital-rich west, and protection flow mainly in the opposite direction through the patent and plant Breeders' Rights (PBR). It has both visible and invisible effects. This paper deals with biodiversity and the role of IPR in this and how the IPR laws protect biodiversity.3,076 views -
Legal System during Ancient India
Student at IILM University, Gurugram, IndiaPages 1538 - 1546India has the oldest judiciary in the world. No other judicial system has a more ancient or exalted pedigree. But before describing the judicial system of ancient India. There were several proceedings with took place during the ancient legal system, we will be discussing deeply the legal system during the Mughal Empire, the agency of the judiciary was the Qazi. The officials of the judiciary system were the same but the time and territory and nature of the Emperor were changed. Before that let us look at what a legal system is.1,924 views -
Need for Codification of Tort Law
Student at Amity University, Chandigarh, IndiaPages 1547 - 1552In contrast to nations like the United Kingdom, the United States, and China, India does not recognise civil wrongs as grounds for a lawsuit. In tort proceedings, Indian courts rely on provisions in a number of legislation to determine whether a claim is admissible. When it comes to the State's tortious responsibility, Indian tort is still based on the pre-independence British paradigm. Only under Article 300 of the Indian Constitution may the state be held accountable, and only for sovereign actions. The narrow border separating sovereign and non-sovereign activities has caused numerous judges to express unease when deciding state accountability. Litigation for tort claims is less popular in India than it should be because of the dispersed remedies provided for tortious wrongs under numerous legislation. As a result, tort law, which is one of the most successful means of resolving personal injury claims, is underutilised in India. The Consumer Protection Act, 1986, which was passed in India in 1986, outlines remedies for product liability claims, however, it has several gaps. High-tort cases, such as the Bhopal Gas Tragedy case, are not handled in India. In contrast to other disciplines of law, such as crimes, contracts, property, and trusts, torts have yet to be codified in India. In tort law, Indian judges and lawyers have made a significant contribution. Tort liability in the setting of a welfare state is unfamiliar to the majority of the populace.3,939 views