Volume V - Issue VI / 2022

The paper hands out observational instruction that sense the effect of technology and regulations on the business. Over the past few years, there has been increased interest in the improvement of business regulations, in part because of the increased availability of data that can inform and watch those improvements. The research establishes kin between business and automation and regulation. The wild growth of multinationals be located going to slow down any stretch quickly if the multinationals do not keep up with the varying environment and will have a tough time in the marketplace; the ones that can keep up with the variations will endure in the market. It’s not like we have to restructure the corporate from the start; the firms have to learn how computerization is affecting the business and comprehend it and how to custom it for their benefit. Automation is emerging at a faster rate to do more with less work. This new setup can be convenient to some people somewhere as some people have to struggle because of the changes.

In the global regime of commercial transactions, protecting the sanctity of contracts is of primary importance. Liability exemption for non-performance of contractual commitments has evolved from the clausula rebus sic stantibus concept, and while it is recognised under different titles in different nations, its applicability is still narrow. The international legal instruments promoting uniform guidelines to regulate international trade contracts, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles for International Commercial Contracts (UPICC), and the Principles of European Contract Law (PECL), expressly refer to the concepts of hardship and force majeure to address the issue of changed circumstances negatively impacting international trade. In this paper, a comparative analysis of these international instruments has been conducted to comprehend and assess how transnational legal instruments accept force majeure and hardship, as well as how liability exemption for non-performance of contractual responsibilities may be sought under these laws. This paper also intends to analyse the force majeure provisions of these international instruments in order to identify the most inclusive provision. This paper also seeks to find out if hardship is controlled by CISG and whether elements of UPICC and PECL may be utilised to interpret Article 79 of CISG as supplemental principles.

Reservation has always been a contentious issue in the national political discourse for its inherent discriminatory, albeit positive, nature. It's a subject that leaves even the most apparently neutral person in taking a favourable position. Despite a forward-looking vision of our constitution makers to create an undivided and equitable society, the issue of merit and positive discrimination, in favour of those standing at a differential status, continue to be at loggerheads, thus keeping the issue alive ad nauseum. This paper attempts to assess the efficacy of the extant Indian system of reservation vis-a-vis the affirmative action policy of the United States. Needless to say that the United States is chosen for comparison due to parallels that both the nations enjoy in their national policies qua affirmative action. In both countries, affirmative action is provided as compensation for past injustices. However, their approach towards the policy is different in as much as where the US has adopted an individualistic approach, India has preferred a class-based approach in their policy of affirmative action. Notably, with the introduction of Economic Backward class reservation, the Indian policy is tilting towards an individualistic approach. The article applauds the state's policy. An individualist approach, the paper contends, can help India's Constitution framers achieve their goal of creating a classless society. Despite some similarities, there remains a significant gap in the administration and implementation of affirmative action in both democratic states. This paper seeks to understand the affirmative action policy in the US and India, makes an attempt to evaluate their systems, and proposes changes that are required on dire premises.

The concept of marital rape has been overlooked for aeons because of the ideology that promotes men have the right to treat their wives as they wish and the wife must provide her husband with all his needs especially physical needs. The idea rests on the fact that she is subordinate to the man as “marriage” means handing over women’s sexuality to her spouse and her right to self-determination over her own body is taken away from her. The foremost step is acknowledging the issue and giving every woman the right to speak and be heard. The lawful framework must be compelled to recognise assault inside marriage as wrongdoing with stringent punishment. This article highlights the gloomy reality of a married women and the pitfall that has arisen in India. Such women are a part of our society but are neglected and suppressed by the male chauvinism. Hence, they are forced to endure harassment to keep their jobs given their sheer desperation for employment or remain silent for the sake of her family pride. The article is backed by my research and is based on a true incident encountered during an intervention.

Foreign currency seizures have increased dramatically across the international airport and this development is, inter alia, directly related to the unauthorised importation of gold. This article examines the mutually beneficial relationship between the two, in which the benefactors use the services of the foot soldiers. Readers can gain a useful understanding of the complexities involved and the roles of various agencies, including but not limited to the DRI, Air Customs, CISF, Airlines, and other stake holders in the effective implementation of the provisions of the Customs Act, 1962, and FEMA, 1999, using various modes of operation across international airports.

The essence behind introduction of ADR methods is to provide a private and expeditious relief to the aggrieved party since Court proceedings can be lengthy and time consuming. Arbitration has proved to be an ADR method that closely resembles Judicial procedure yet acts as a flexible substitute. The problem arises when parties enter into physical contracts where enforceability of agreements between parties and commercial transactions takes a beating. This is where smart contracts and blockchain arbitrations are introduced. Smart contracts are digital contracts which have predetermined terms and conditions stored on blockchain technology and when those conditions are met, the contracts are automatically enforced. Blockchain arbitration deals with disputes relating to those contracts but does not limit itself to them alone. E-commerce is a field where smart contracts are extensively utilized. Circulation of goods through e-commerce has been the most prevalent form of commercial transaction in the current era. Due to the influx in the amount of companies preferring e-commerce transactions, the number of disputes arising in such transactions have also climbed up which the Courts cannot handle efficiently. The crux behind our paper is to give a brief idea about what smart contracts and blockchain arbitrations are, and identify the potential areas and methods in which blockchain arbitrations can be implemented in e-commerce transactions.

Many of the rulings in commencing contempt cases highlighted the condition of freedom of free speech in India - a liberty shattered by colonial relics such as the statute on contempt, which we have foolishly adopted as a purported requirement to maintain the majesty of our courts. As much as the Supreme Court cherishes the public's trust in it, it should also trust the people not to create views about the Court based on a few jokes on social media or any other forum. Truth was rarely regarded as a defense against a charge of contempt for many years. There was an idea that the judiciary tended to conceal any misbehavior among its individual members in order to maintain the institution's reputation. The act of contempt of court is neither rational nor consistent with the fundamental requirements of a legitimate government. India's courts have frequently used their contempt powers to penalize dissent on the alleged grounds that such speech undermines or scandalizes the judiciary's authority. However, the court has rarely done a strict investigation of whether those activities represented any genuine threat to – or interfered in any direct way with – the administration of justice. Is the act still legitimate after all of these arguments? Yes, because India continues to have a large number of criminal contempt cases in comparison to other nations, which cannot be disregarded. There are numerous situations where the need for this act has been proven, while in some cases the court's choice to exercise its powers has been termed unjustified. In this article, I have concentrated on several cases when the authority of contempt of court was exercised but was not justified in the first place and thus violated fundamental rights, particularly freedom of speech. I will also demonstrate that does contempt conviction endanger free speech in India?

Insolvency and Arbitration proceedings are starkly divergent in many ways yet when it comes to real disputes, their interplay assumes a greater significance. The relationship between arbitration and insolvency is often characterized as “a conflict between near polar extremes.” While insolvency proceedings dealt with under the Insolvency and Bankruptcy Code, 2016 talks about the procedure for resolving the insolvency and clearing the debts, arbitration on the other hand regulated by the arbitration and conciliation act, 1996 is an alternative dispute resolution mechanism where an arbitrator is appointed for resolving the disputes. Arbitration proceedings are in personam and are decentralized protecting party confidentiality. On the other hand, insolvency proceedings are in rem. Convergence and collision of these two proceedings become inevitable and transpire in the cases in various scenarios. The major objective of this article is to analyze the different scenarios in which Insolvency and arbitration proceedings collide in a case. This article places special emphasis on dealing with the effect of initiation of insolvency proceedings on existing arbitration proceedings, on new arbitration proceedings, on arbitral awards already declared by arbitral tribunals, the effect of foreign arbitrations on insolvency proceedings in India, and the prevalence of one law over the other in the light of international jurisprudence with the help of judicial precedents and case laws. The coexistence of arbitration and insolvency processes has a few problems that must be faced in real disputes due to their convergence, this article seeks to highlight the legal provisions that can be applied when a such collision takes place.

The term ‘Marital’ Rape also referred as spousal rape means ‘an unwanted intercourse by a man on his wife obtained by force, threat of force or physical violence or when she is unable to give consent. The Domestic Violence Act, 2005 hints at marital rape by any form of sexual abuse in a live-in or marriage relationship. However, it only provides for civil remedies. In India, the concept of marital rape doesn’t have any criminal proceedings per se against the perpetrator until and unless the age of the wife is not less than 18 years as mentioned under Section 375(2) of the IPC,1860. In India, Marital Rape is not a crime because if the person is married it is believed that the marriage gives him an exception for sexual relations and that there is implied consent for sex by the wife. So as marital rape is not a criminal act in India, the woman can file a case on the grounds of cruelty and can also apply for divorce on the same grounds. However, these grounds are not meeting the ends of justice. The High Courts across the country have expressed their mixed views on the issue as of whether the term Rape includes Marital rape or not. As there is no decision of the apex court yet concerning the issue of criminalizing marital rape per se under Section 375 of IPC, 1860, there exists confusion as to the circumstances that make difference between the marital rape and the concept of rape under the relevant statutory provisions of Hindu Marriage Act, 1955, Domestic Violence Act, 2005 and Sec 375 of IPC, 1860. This Article gives a Bird’s Eye View of the Concept of Marital Rape in India and the Constitutional Validity of the Criminalizing of marital rape in India.

The advancement in the field of information technology has led to many developments and has had a pertinent impact on business and commerce. With the emergence of e-commerce, which brought a shift from paper-based transactions to electronic transactions, a contract, which forms a fundamental premise for business and commerce, also needed its upgradation to contain the new aspects of e-commerce, bringing in the need for e-contracts. Due to the differences between e-contracts and conventional contracts, some novel and interesting technical and legal challenges have arisen, such as the formation and conclusion of e-contracts, their validity and enforceability, the applicability of established principles of contract law to e-contracts, and so on and so forth. The traditional law for governing contracts, “The Indian Contract Act, 1872,” which exclusively dealt with contracts, was not sufficient for dealing with this new system of e-contracts. The Information Technology Act, 2000, had to incorporate a provision for providing legality for e-contracts. With three types of e-contracts - browsewrap, clickwrap and shrink-wrap - there has always been confusion about their legality. The position of their legality itself differed from one country to another. Whether there exist all the essentials needed for a contract in an e-contract is a debatable question, especially with respect to the element of free consent. This paper examines the ramifications of the Information Technology Act of 2000 on the formulation and enforcement of electronic contracts and draws parallels between the fundamentals of electronic contracts and those of contracts under the Indian Contract Act of 1872. Further, this paper tries to analyse the legality of e-contracts and their position in India by analysing the legislative and judicial approaches.

The judgment passed by Supreme Court in 2019 in case of Kantha Vibhag Yuva Koli Samaj Parivartan Appellants Trust and Others vs State of Gujarat and Others addresses the problem which arises when one of the four respondents which are Surat Municipal Corporation set up the landfill site at Khajod Village,Taluka Choryasi in the district of Surat. They started dumping unsegregated and untreated Municipal Solid Waste at that landfill. That District of Surat in which the landfill was set up was surrounded by thirty-five villages. Initially, on 24 January 2003, they started dumping 850 Metric Tonnes of waste per day which got doubled in just 10 years and went up to 1600 Metric tonnes of waste per day by 16 January 2014. Multiple warnings were given to Surat Municipal Corporation (SMC) by doing inspections and visiting the site but the situation did not improve. Dumping of waste also led to irreversible contaminations of local water bodies and groundwater and also caused severe air pollution due to the burning of waste and damaged the ecology of the villages that are situated nearby, moreover, it also affected the health of citizens and dumping waste like this without any prior treatment is violating the Municipal Solid Waste (Handling and Management) Rules 2000 & Bio-Medical Waste (Management and Handling) Rules 1998.

Climate refugee, the growing portion of refugees, is still given less importance in comparison with the other kinds of refugees, which is an extremely critical issue in the field of refugee law as well as human rights law. Unlike other kinds of refugees, climate migrants connect the spheres of refugee law, humanitarian law, environmental law, and human rights law owing to their very innate nature of emergence. By general definition, the part of refugees or the class of refugees who are forced to migrate unwillingly from their native land because of climate causes is known as climate refugees or climate migrants. Their emergence as refugees raises some very significant questions under the international legal framework. Among them, this article will discuss two important questions and try to come up with an answer to serve the purpose. One of them is whether the principle of non-refoulement will apply to them. The other is at what amount the states will be held accountable according to the principle of Common but differentiated responsibilities (CBDR), or if there can be a way of connecting these two principles to find a probable solution to the issue of climate migrants ,as ,in the upcoming days, this will be a severe migrant issue to face due to the drastic climate change and frequent occurrence of migration all around the globe.

There has been rapid technological advancement in the 21st century. The advent of technologies like the internet, smartphones, artificial intelligence and mobile applications have enhanced the standard of living and reduced the distances between people. A lot of the new technologies require that the users input their personal data in order for them to function smoothly. The data requirements often mandate that the user needs to share certain sensitive and personal information which if misused can cause great harm to the user. The developers of the technologies are at an advantage since they can force the users to forcefully agree to the sharing of data in order to properly access their technology. This has raised serious concerns about the privacy of the data of the users and their safety. Therefore, the development of an effective legal and regulatory framework needs to ensure that the development of new technology does not compromise the data privacy of the general population and make them vulnerable to the leakage of their data. The European Union introduced the GDPR, which is said to be a watershed moment for Data Privacy and more accountability for corporations. The paper analyses the regime for data privacy prevailing in different Jurisdictions across the world. It also seeks to provide suggestions as to how the regime can be further strengthened so that the users do not have to face adverse consequences for using modern technology.

Remuneration to junior lawyers is a widely discussed issue these days. Serious concerns have been raised on training and remuneration aspects for young lawyers. However, one of the most pressing and unspoken issues that remain in the legal industry is that of Gender Pay Disparity. As the years pass by, participation of women in the profession is rising, however, women talent attrition is higher in the legal profession. There are various judgments of the Hon’ble Supreme Court of India laying down the law and interpreting the doctrine of Equal Remuneration. It is a much-propounded concept in theory and yet does not find its place in today’s practical world. The saddening reality is that Lawyers, well versed in constitutional ethics, legal rights, and remedies, are also a part of the employer community who deny equal remuneration to their employees based on their gender. There are numerous studies about the ongoing Covid-19 pandemic being one of the reasons to broaden Gender Pay Disparity. The same trends have been mirrored in the legal profession, however, not been talked about. The present research focuses on Gender Pay Disparity amongst lawyers in India and how to overcome the same.

India is a multicultural country with rich diversity reflected in different cultures, religions, and languages. Tribal groups in India are considered to be the earliest inhabitants of India that experienced diverse waves of invaders and other settlers over thousands of years, making it difficult to identify the real origin of today's tribal peoples from a purist perspective. So the state and discourse in India reject the term indigenous peoples' and prefer instead to use the Constitutional term Scheduled Tribes because the term Adivasi is commonly stated as original inhabitants, and it means Adi or earliest time ', vasi resident. Social stratification in India is determined by the four types of varna system known as the caste system. So scheduled Tribes do not fall within the caste hierarchy because they have distinct (it means considered non-Hindu) cultural and religious practices and social practices. Over time geographic isolation of Scheduled Tribes has manifested in relative and often absolute deprivation, which has periodically surfaced in the starkest manner and reported widely in the press. In Kalahandi district of Orissa has become a metaphor for starvation, according to reports dating back to the 1980s. Similarly, the Maharashtra Melghat area has surfaced in the press, especially during the monsoon when migrant STs return for transplant rice on their subsistence land, household food stocks are depleted, and cash to purchase food is scarce. The Scheduled Tribes are one of the principal deprived sections of Indian society. Nowadays, They constitute 8.6 percent of the total population as per the 2011 census. Since the beginning of the Independence, the Government of India initiated several schemes & policies for the holistic development of Scheduled Tribes in the Country. Despite the efforts made by the central government for the development of Scheduled Tribes ever since Independence, their socio-economic status is gradually increasing trend, but as compared to the general population, they are suffering several sorts of problems such as malnutrition, hunger, poverty, housing, and pure drinking water facility. So my object of study is to focus on schedule tribe issues like education, health, employment, malnutrition, hunger, poverty, and population in the Indian scenario to analyse the status of STs in India.

Since the onset of the pandemic, the world has been witnessing disruptions, of which major ones have been visible upon the children- their rights pertaining to education and emotive and social well-being are affected. From the physical setting of the classroom and the open playgrounds, the major shift happened with restrictions with online classes, social distancing, and wearing masks throughout. Further, with the majority of the population compelled to be reliant on the internet and digital devices - the digital divide had risen amongst the low-income group, and it negatively impacted the lives of the children - their education and their mental and emotional conditions. According to the data generated by UNESCO, 157 crore students across 191 countries are affected by school closures, of which 32 crore children were from India. “Right to Education” (hereinafter, RTE), though guaranteed under the Constitution of India - by way of Article 21A - the same has been hindered by the pandemic onset and its restrictions. In consonance with International Conventions, such as Article 26 of UDHR, Indian Constitution mandates the right to education for children up to the age of 14. However, with the pandemic, there was a paradigm shift in education from its traditional mode to a digital one, wherein schools were not adequately resourced, all stakeholders could not engage substantively, and it affected children’s access to education. Moreover, there are also health risks associated with the shutdown of schools which include physical and mental harm. This paper attempts to examine the ambit of the right to education, the meaning of the social well-being of children, and highlight the existing gaps with the current policies and issues existing in administration and governance in availing the RTE. To arrive at the issues, at the outset of this paper, the jurisprudential concept of the “right to education” is analysed. Thereafter, the effects of RTE during the pandemic, the challenges of digital education, and the reasons affecting the availing of RTE are examined. As a sample study, the State of Assam is taken. The paper is aimed at identifying those areas where children have been facing the greatest challenges in the wake of the extended pandemic and provide novice suggestions that can be adopted to tackle the disrupted education issue.

It’s the 21st century. People are getting smarter, more intelligent, and extra-ordinary. With the intellectual ability we possess, it is noteworthy to see the pace the world is rushing toward more advanced science and technological developments. But today we are not discussing fast-paced scientific advancements, we are discussing traveling! So, as we are getting aware of our surroundings, city, and country(s), we are getting more curious about moving to different places and explore. Exploration and traveling have become well-developed job where people are earning millions of dollars. It is noteworthy that due to media and internet sources people have become rational about traveling. Also. when we love something to the core, we don’t ever let anything or anyone demolish it easily. But then again sometimes due to some irrational decision or lack of awareness, people lose their belongings and don’t even think about getting it back because they are unaware of their rights and duties. Imagine you went to Paris and you lost everything, including your passport! That’s where ‘Travel Insurance’ helps. Travel insurance not only helps cover expenses but also provides coverage for emergency services like replacing lost passports, etc. Travel insurance covers most of the major situations where one can feel helpless, especially if traveling alone for the first time. It not only covers lost passports but also lost baggage, valuables, and even medical facilities. There is a number of advantages in opting for the right insurance for your own benefit so that when you travel to your dream destination, mere difficult situations like this don’t bother you.

The article focuses on legislative privileges and their misuse by legislative authorities to penalise non-members of the Parliament for the breach of parliamentary privileges and its impact on Indian democracy. The article starts with a comparative analysis of the legislative privileges in the United Kingdom and India, further focusing on whether the legislative privileges are too broad in India. Next, it analyses the grounds for legislators' abusing this power. Moving ahead, it discusses examples of unjustified restrictions on citizens' freedom of expression in the name of contempt of the Houses. Finally, it seeks to strike a balance between the power of Parliament to punish and the freedom of citizens to express themselves freely.

Patents, trademarks, designs, and copyrights are four basic types of intellectual property. Patents, registered design marks, and copyright offer temporary protection. A registered trademark, on the other hand, is normally protected forever as long as it is utilised, it is routinely renewed, and the registered owner takes prompt action against infringers. Section 34 of the Trademarks Act grants the prior user of a mark specific rights in relation to the "goods and services" sold or provided under the mark. The rights granted by Section 28 of the Act may also not be used by any subsequent registered user of a registered trademark in connection with the same or comparable goods or services, depending on how the prior user used the mark. Consequently, Section 34 of the Act is an exception to Section 28 of the Act. Section 34 of the Trademarks Act addresses the idea of "prior use". Foreigners or foreign corporations have joined the Indian market, and domestic companies may follow suit. National and artificial borders are collapsing, and the world is transforming into a common market. In such circumstances, it may not be acceptable to ignore ground realities in favour of mechanically accepting judicial norms; both domestic and international law should be important. The article explores the doctrine's application in Indian practise as well as the manner in which courts have implemented the law in instances where they were required to do so.

Nowadays, transportation is a crucial part of commerce; even we cannot imagine trade or business without transportation facilities. But it is also very important to ensure that this facility does not cause any harm or damage to the dealing parties (buyer and seller), so we require some laws regarding the proper functioning of this facility. This paper deals with the laws or legislations under which parties abide while making contracts related to shipping or transportation. This paper is also talking about the role of negotiable instruments used while making shipping contracts and also what types of agreements made between the parties (buyer and seller) in this transaction. In this paper, the remedies both parties have in case of any breach of contract or its conditions are also mentioned.

Through this paper, the author seeks to bring out the essentiality of Humayunama as a source of Mughal history. In the process, the source’s impact on the contemporary world will also be analyzed. The author would also use a feministic lens to review the source’s content and Gul Badan’s status as the only female writer of sixteenth-century Mughal India and utilize such analysis to shed light on the fact that Humayunama was one of the most non-conventional sources of the period as mentioned above.

According to The Writers Guild of America, roughly around 50,000 scripts or screenplays have been registered by several established and aspiring writers to protect their work from the prying eyes of plagiarists. Like, The Writers Guild of America, India too has got an association to protect the rights of these budding screenwriters in the form of the Screenwriter’s Association (SWA, formerly known as the Film Writer’s Association). These associations are often created to effectively safeguard the creations of screenwriters. But certain screenwriters register their creations, knowing that their work is outrightly copied from another. A large number of screenwriters evade legal troubles by saying that they were inspired by some of their previous works; under Copyright Law in India, getting inspired does not amount to plagiarism or infringement of copyrights, but the inspiration must be kept in check because if the content is inspired too much from the original, then it is said to be a copy and that amounts to infringement of copyrights. The laws and other statutes that were passed for the protection of piracy of films have been extensively discussed in recent days but in today’s world, plagiarists often evade legal consequences by stating that their work has only been inspired by the original and not copied.

The refugee crisis is becoming more severe. This violence, along with culminating movement, affects all migrants, but it is especially harmful to migrant children. The biggest hurdles that child refugees encounter during their refugee experience are discussed in this paper. These include neurological problems, mental health problems, and legal challenges. This paper also examines efforts to assist children and the urgent need for implementation to overcome these obstacles. These challenges will have far-reaching consequences not only in the near future but also for decades to come. It is critical to make a concerted effort to restore these children and reintegrate them into their new communities in order to minimize the impact of the violence and conflict they experience. This initiative must be prompted by more than one govt. or org. If real progress is to be built, the International community as a whole shall come together to improve the livelihoods of child refugees, which will benefit not only society but many upcoming generations.

Sustainable development is the need of the current era. It will essentially be a farce if the author says that environment is more important that money and that we will have a good enough life even if we have no money or a weak economy but a wholesome environment. Such a viewpoint of giving precedence to one factor over other is impractical. This is well acknowledged at all levels of governance, even international law. Many international economic instruments and institutions including WTO talk about sustainable development. The researcher has hereby analyzed the same and how the ongoing pandemic has changed the international mechanism of moving forward with the sustainable development goals.

Corporate mobility is a prominent concept in this era of globalization. At this moment, companies that restrict their operations to a specific jurisdiction are exceedingly rare. Distinct kinds of corporate mobility are possible. It could seem as if a company is operating in another nation but doesn't have a substantial form there. However, the company could use a section or franchise to do more international business. In actuality, a business may maintain its incorporation in the state where it is based while moving a considerable portion of its management elsewhere.

The One Hundred and Sixty-First Report released by the Department Related Parliamentary Standing Committee On Commerce on July 23rd last year was based on the ‘Review of Intellectual Property Rights Regime in India’. One of the findings in the report was that the current framework for protecting trade secrets lacked clarity and did not provide adequate protection to the trade secret holders. In order to overcome this shortcoming, the report strongly put forward a suggestion for a separate statute for trade secret protection in India by citing examples of the US, EU, and South Korea. Whether India needs to adopt such a model of trade secret protection is a policy question that is of utmost significance. India has been following the common law approach for trade secret protection for a very long time. India has mostly adopted trade secret principles from English law, which is evident from the cases cited by the Indian courts. Amidst the criticisms that India needs a strong legal mechanism for trade secret protection, the first legislative attempt made in this area was the National Innovation Bill of 2008(hereafter referred to as the Innovation bill). Unfortunately, the bill was not tabled in Parliament. Hence it remained in its infant stage. However, we cannot rule out the possibility of the legislature re-visiting the draft in case there arises a strong need for legislation. Hence, it is important to have a critical look at the provisions of the bill dealing with trade secrets in order to evaluate the adequacy of the bill in protecting trade secrets.

Artificial Intelligence (hereinafter referred to as ‘AI’) is one of the most influential developments in recent times. Alternative Dispute Resolution (hereinafter referred to as ‘ADR’) has come to become a quintessential component of the legal system, almost akin to Judicial Components. While the object of both is to ultimately provide an amicable resolution to a given dispute and to render equitable justice, people and companies are increasingly askew towards ADR as it is more flexible, faster, in most instances more affordable, and more approachable; I.e. in a way it is inherently less mechanical and robotic. The question of the hour, or rather of this document, is whether the implementation of Artificial Intelligence in ADR is counter-intuitive to the fundamental characteristics of ADR?

Ajay Bansal vs State is based on the concept of minimum wages and scheduled employment. This case also determines the relationship between the Minimum Wages Act and Delhi Shops and Establishment Act in relation to minimum wages. The main issue which was revolved in this case is whether the petrol pump comes under the aegis of scheduled employment and whether the meaning of “wages” is the same under the Minimum Wages Act and Delhi Shop and Establishment Act. The final judgment came in support of the employees, and it was held that minimum wages should be paid to employees, and the petrol pump comes under the ambit of scheduled employment.

Intellectual Property Rights fosters innovation, creativity and economic growth. We have witnessed the enormous contribution of IP towards the global trade, economy and development. With the beginning of the fourth industrial revolution, there has been a paradigm shift in the technology and digital space. This era symbolizes the manifestation of the omnipotence of human mindscape, and the coming age marks the absolute transformation in IP. Throughout history, both men and women have transformed the world with their vision and industry. Yet women remain far under-represented in the domain of intellectual creation. Women have been subject to mass discrimination, bias, and stereotypes, and history is the evidence. It is not because they are incompetent or inept but because of the prevailing stereotype and male dominance. With the leap of civilization, women have found a better place for themselves and established their prominence in every sphere. The goal still needs to be achieved; inequality prevails at a considerably larger rate. “The embryonic and foundational waves of feminism paved the path to proving the potential of women. But today, at the outset of this modern era, this potential needs to be transformed into total gender parity”. This paper shall effectively examine the problem of gender inequality in the domain of innovation, creativity, development, and intellectual property. It attempts to address the menace of gender inequality and assess the causes. It also shall outline effective solutions with reference to practical case studies and analyse the status quo. A prospective goal and its implication on the world IP scenario will be produced, highlighting the radical changes and transformation which shall be achieved with the attainment of gender parity.

Since the beginning of the twentieth century, legislation has been considered the desired route to achieve social changes in society. In the course of progressing as a welfare society, laws & policies have been formulated to achieve desirable social conditions, i.e., for the amelioration of vulnerable sections, the realisation of human rights, and abolition of detrimental age-old customs & traditions. Sir Henry Maine, too in his theory of the Movement of society from status to contract, has also formulated that legislation is one of a few mechanisms incorporated by progressive societies to move ahead from the stage of codification and to usher in radical changes. In the Indian scenario it has been believed that with legislation, substantial changes have been bought to the institution of property rights, inheritance & marriage for women in the State of Punjab. Therefore in this paper, the author shall reflect upon Sir Henry Maine’s theory concerning the relevance of legislation as an agency for social change and shall try to decipher whether legislation of widow remarriage has actually helped in improving the status of women in the State of Punjab.

This paper focuses on the Patent commercialization and challenges faced by Universities in Tamil Nadu in commercializing a Patent. Though the awareness about Patent filings and the importance of the same is being known to the Universities, there still remain a lacuna in monetizing a Patent. This study aims to make a basic analysis of the underlining factors that hinder the process of Patent commercialization in the Universities in Tamil Nadu. These results are to understand the need for Patent Commercialization. The following factors are assessed and taken note of: Assessing the necessity, Identifying the actual requirements, Factors of challenges, and Leveraging hierarchical Structures. Without accessing these main elements, your role in successful commercialization won’t be successful.

Since ancient times, many social evils have dominated Indian society, one of which is the Devadasi system. Although many practices have disappeared over time due to the development of wider scientific consciousness, these social evils prevailing in the 21st century are shameful to society. In the year 2019, a study on Devadasi practice was conducted by the National Law School of India University (NLSIU) Mumbai and Tata Institute of Social Sciences (TISS), Bangalore. According to this study, even after a lapse of more than 40 years of the Karnataka Devadasi (Prohibition of Surrender) Act, 1982, the state government is yet to issue rules for the operation of this law, which in some way helped in promoting this evil practice, is being proven. This research paper paints a grim picture of the apathetic approach of the legislature and enforcement agencies to crack down on the Devadasi system.

The protection of human rights is crucial for the growth of the nation's population, which ultimately leads to the growth of the country as a whole. Every Indian citizen is entitled to fundamental human rights under the country's Constitution. The Constitution's creators made every effort to include all required provisions. The scope of human rights has, nevertheless, been broadened as a result of ongoing advances. Despite the fact that the idea of human rights has been around since, it was only recently that the entire world came to an understanding of its importance. Legal scholars have properly stated that the UDHR's principles have gained the power of customary international law over time even if it lacks legal standing. Many other binding international legal instruments, such as the International Covenant on Civil and Political Rights, have adopted its principles. The UDHR's expansive mandate, which tries to encompass everything under its jurisdiction as long as it is connected to human rights, may be the rationale for this. The protection of human rights is essential for the development of the nation's population, which in turn helps the country as a whole.

The research paper throws light on the impact of globalisation on the legal profession and legal education in India. It acts as a trailblazer by taking us through the history and various landmark judgments, decisions and risks the country went through to achieve the legal positioning it beholds at the moment. Yes, there has been a critical analysis of some prominent statutes and appropriate recommendations have been provided therein. Not just globalisation, but how development in international laws has a direct influence has also been demonstrated in the advocacy of India. The economy is a major chunk whenever we talk about any aspect of Globalisation. The paper lays down a contrast between the previous legal education and going developments due to sufficient funds which is expected to multifold over the upcoming years. Hence, changing scenarios and procedures is of huge significance. Emphasis has been laid regarding what is Legal outsourcing, its procedure, how it helps to boost the economy and lastly, what is its stance on Indian laws. There is also a discussion on the role of advocates have played in history and what is expected of them in the future. The role of bridging the gap between societies and attempting to truly deliver justice to the needy. Hence, the paper is a movement from historical India to the modern developing India today which is sprouting as tough competition for developed nations.

Purpose: The purpose of the paper is to understand the concept of the Doctrine of Indoor Management. Research Implications: The paper provides a basic overview of the Theory of Indoor Management in Company law by discussing the development of the doctrine, its legal status under Indian Company Law, and key case laws pertaining to the doctrine. Findings: This theory exists primarily to defend the interests and rights of third parties who engage in good faith transactions with the firm and to whom the company owes money. This regulation emphasizes that outsiders participating in transactions with a public business are not required to perform a thorough investigation of the firm's internal procedures and processes and that they will not be impacted by any irregularities they are ignorant of. he Turquand rule has since been utilized in other Indian instances to defend the rights of third parties against corporations. For the correct application of this doctrine in the modern era, several exceptions have emerged over time, such as forgery, negligence, knowledge of irregularity, acts done beyond the scope of apparent authority, etc., which strike a balance by providing reasonable protection to both the company's outsiders and the company.

The Syrian crisis has become the defining humanitarian challenge of mankind. Entered on the seventh year of catastrophic war and destruction in 2018, the people of Syria do not feel safe in any environment. Not only the use of chemical weapons, bombardments, and airstrikes both by the host coalition forces and rebel side but wanton destruction in the city of Aleppo, Raqqa, Sada-ul-qayiyah, Deirez-Zor depicts that as long as conflict rages people of Syria will suffer. The protection needs of people who fled the areas of war and are displaced within Syria are varied and complex. Though there has been the implementation of protection programming and funding access, significant obstacles have come across Syria, ever seen announced the cessation of hostilities in 2016; there has not been an improvement in access. The 7-year conflict has been characterized by a lack of safe, unimpeded and sustained access for civilians.

The whole notion of the Superwoman came from the second-wave feminist movement which brought in sexuality, family, work, and reproductive rights. This gave women opportunities they never had before. It opened doors that had been shut to them for years. For some women, this whole new world included more options than they knew what to do with, the pressure to do it all while matching up to male standards and the belief that they could. The Superwomen Syndrome is the result of societal changes that allowed women to explore having a career, however did not redelegate the responsibilities of managing their personal and family life. Beyond that, women have had to excel at levels higher than men to get the same recognition at the workplace, which has caused us to aspire to a level of perfectionism that is not attainable. This has caused women to be supressed under a double burden. Cultural feminists note that many institutions, such as workplace, follow rules based heavily on male-dominated experiences, which can disadvantage women. Gender- neutral laws can keep women down if they do not acknowledge women’s different experiences and perspectives. Cultural feminists urge the concept of legal equality in which laws accommodate the biological and cultural differences between men and women. They advocate a female-centric standard of law. This article explores how the current scenario where choices of young adults and working women are influenced due to the anticipation of the double burden and whether the application of the culturist feminist model will help them overcome this Superwoman Syndrome and lower this burden on women.. It will also go on to talk about how this theory may have been applied in India and what improvements can be brought about in its implementation. In its essence, the article uses feminist legal theories to establish the root cause of the double burden and try and come up with a solution to deal with it. It further tries to understand the concept of a superwoman and workplace laws through the lens of a cultural feminist.

Laws are fundamental in any country because they serve as a means to attain common good as their ultimate objective. In certain contexts, morality serves as a determining element alongside the rule of law. A country's Constitution establishes the rules by which its citizens are to be governed at the national level. It established the three branches of government, the legislative, executive, and judicial branches, and laid out their respective roles, duties, and connections to the people. In this sense, a country's constitution may be seen of as its fundamental or foundational law, against which all other laws and executive acts of the state must be evaluated. Respecting constitutional standards and refraining from conduct that might undermine the rule of law or invites comparison to arbitrary action is at the heart of the idea of constitutional morality. In reality, it pivots on the fulcrum like a laser beam and directs infrastructure construction. The worth of such morality can only be maintained if custom and tradition grow to support it. If the general populace and the institution's leader stick closely to the constitutional boundaries without blazing any new trails of deviation, and if they demonstrate in their actions a primary concern for upholding the institution's integrity and the necessary constitutional restraints, then democracy has a fighting chance. Constitutional morality is one such important element in achieving an inclusive society. This paper is an intrinsic study of the meaning of constitutional morality as distinguished from public morality and how it has developed through an analysis of judgments.

On the night of 25th April, 1986 when most of the inhabitants of Chernobyl and Pripyat were asleep, an experiment was taking place at the Reactor 4 of Chernobyl Nuclear Power Plant. By the mid-night the fire fighters received emergency call to reach the spot of Chernobyl Reactor 4 as soon as possible. Even before they could understand what’s going on, some of them collapsed on the spot of the supposedly accident which took place at Reactor 4 from a “mere fire”, their skins were burnt and they were rushed to the hospitals. Around 28 of them died within the coming 10 days followed by the accident. It was only after almost 24 hours of the entire occurrence that people came to know the mere fire was nothing but the dangerous substance, graphite. Evacuation started taking place and soon the entire city of Pripyat became evacuated which is till today’s time not occupied by many residents and most of the parts of it still being considered as contamination zone. The entire accident is known to us as the Chernobyl disaster of 1986 in the Soviet Union, which is, the worst disaster in the history of nuclear power generation till date. Due to shutting down the reactor’s power-regulating system and its emergency safety systems while allowing the reactor to continue running at just 7% power the chain reaction in the core went completely out of control. Several explosions triggered a large fire exploding the heavy lid of the reactor leading to a huge amount of environmental impact extending beyond border. This paper deals with the entire accident, the causes and the effects on the environment, the paper also comes up with certain suggestions in order to avoid any such future accidents.

Child labour is better defined as work that robs children of their childhood, dreams, and potential. It additionally ends up in harmful physical and mental growth. Involvement of kids below eighteen in some economic activities, whether or not it's paid or unpaid, such involvement could be mental or physical. Under extreme economic distress, children are forced to take up jobs which are mostly exploitative as they are usually underpaid and engaged in hazardous conditions; this causes child labour. The main aim of the study is to find the impact of education on the reduction of child labour. The researcher has followed an Empirical research method using a convenient sampling method. The sample size of the study on this research is 204. The research shows that lack of education is the major cause of child labour and the major impact of child labour is the depression in national wages; this also shows that the government is partially helping to reduce child labour in the current society. Early education is the most effective approach to keep children out of the labour market and provide them with the skills they will need to find decent work in the future. Education and training are critical drivers of social, economic, and democratic progress.

The populace's use of ADR is hindered by a lack of knowledge of its character, existence and difficulties accessing it, the desire of disputants for engaging in adversarial conduct, and the familiarity and preference of lawyers for court procedures. The term "Alternative Dispute Resolution" (ADR) refers to a number of strategies for resolving conflicts outside of court. The legislative directive for the court to refer civil disputes to the different ADR mechanisms is listed in Section 89 of the Code of Civil Procedure, 1908, which was introduced by the Act of 1999 which took effect on January 7, 2002. The majority of ADR criticism has been directed at mediation, with concerns that it favours the powerful party, undercuts legal rights, and often results in second-class justice for people who cannot afford litigation. The creation of resolutions that are better suited to the parties' underlying interests and needs, improved ex post compliance with the resolution's terms, and a decrease in transaction costs of dispute resolution are among the purported advantages of ADR processes. These processes may also be less expensive and faster than traditional judicial proceedings. The use of alternative dispute resolution (ADR) systems assists in providing parties with economical, transparent, quick, and accessible justice. Since the overarching goal of all disputes is resolution, why not choose a course of action that may be amicably resolved by compromise? These techniques will foster a culture of compromise among the parties, which is essential in today's society. This paper attempts to evaluate the efficacy of Section 89 of the Code of Civil Procedure ("CPC") and to explore Alternative Dispute Resolution (ADR) and why it is chosen to resolve disputes. It also discusses the advantages of ADR to both parties over the litigation process.

The increasing involvement of the cyber domain in modern-day living has impacted the world order and its various actors. Cyberinfrastructure is involved in most societal activity, which becomes more accessible and vulnerable. It is essential to regulate any conflict around this space as these conflicts impact human life. However, Due to the lack of legal framework, non-attribution and existing ambiguity concerning cyber-attack, the non-state cyber attackers pose a global security challenge. This paper contributes to the ongoing discussion on the necessity of obligatory norms and rules under International Law to regulate such conflicts. International cooperation is necessary due to the limited scope of international law to deal with non-state actors, as there are difficulties in applying general international principles. The paper concludes that cyber governance is urgent and requires the attention and cooperation of the international community to stop the possible future destruction due to cyber-attacks by non-state actors. After a decade-long experience of alarming cyber-attacks, the international community could not agree on a specific governance mechanism to deal with non-state cyber-attacks.

Genetics offers medical hope. Genetic research is cutting-edge. It's used to develop cancer drugs. It's in our cells and easily shared. This affects privacy and security. What can be done legally or illegally with genetic data? Article 14 and Article 21 also play a huge role here as genetics research is concerned with privacy and health care rights. Genetic discrimination is based on an individual's health, habits, racial genetic history, or other community-based information derived from the gene. Such discrimination is linked to broader social and racial discriminatory practices. India is yet still to cope up with the future of genetics research, its uses, and testing. There are many advantages as well of genetics research and we come to know how it can help us build a better and healthy future for ourselves.

The predicament of juvenile delinquency is as aged as society itself. Juvenile Delinquency is a very solemn and grave issue because it paves its way towards adult criminality. In order to solve the issue of juvenile delinquency, continuous efforts are being made by Criminologists and Penologists. Juveniles are to be dealt with in a very delicate manner different from that of adult criminals, and hence proper care, treatment, and rehabilitation must be given to them so that they can adjust to society and make themselves law-abiding citizens because children determine the future of any nation. Hence, a reformatory approach must be adopted for juveniles and young offenders rather than a punitive approach. The main purpose of the present research paper is to analyze the rehabilitation and social re-integration of children who need to be cared for and protected and also the judicial outlook and the initiative taken by the courts towards the rehabilitation and reformation of juvenile delinquents.

India is one of the largest and most powerful countries in a region characterised by rapidly evolving geopolitical interests. In the past and present, India continues to be a place of regular refugee arrivals but lacks the legal and administrative framework and tools to effectively protect and guarantee their rights and liberties. India is not a party to the 1951 Convention relating to the Status of Refugees and its 1967 protocol nor does it have a national law on refugee protection. India’s response to refugee crises have been guided by ideological and national interests of the government in power rather than the need to meet international obligations. This leads to immensely different approaches to different refugee crises, suiting the needs of the government rather than those of refugees themselves, who are left in dire circumstances. This paper looks into the present methods employed at attending to refugees’ needs, areas of importance and stakeholders that must be considered in the formation of a national framework for refugee protection.

Women are given a respectful status in Indian Society; her role is in the society. The role of the mother is the most significant role played by a woman in her whole life. Constitution of India provides the status of equality to all women in India. Indian Constitution provides that it is the duty of the State to protect the rights of women and manage to provide prerequisites of international conventions for safeguarding the rights of women. However, the real condition is that the women in prisons are still facing an end number of problems. Even basic human rights are being ignored despite a number of directions from the judiciary in various cases and recommendations of different Committees. One of the major reasons for the ignorance of the rights of women prisoners is that women prisoners are fewer in number than male prisoners in jails in India. India is a patriarchal society; prisons are constructed according to the needs of men. The purpose of this study is to highlight the problems of women prisoners, the violation of the human rights of women prisoners, the condition of women jails, to enumerate human rights and constitutional rights of the women prisoners, and to suggest some reforms in the Prisons Act, 1894.

The United Nations Organization (UNO) is a global institution conceived to execute the law, guarantee security and civil rights, and encourage economic development and social advancement for nations throughout the globe. It currently has 193 member nations and two established spectator institution that is restricted from voting. Its base is situated in Manhattan City. United Nations Security Council, established in 1945, imposed the preservation of international peace and security, also accepting new members to the UN and accepting any advances to the UN charter. And UN General Assembly is the principal ruling body of the organization and is the most representative body too in the UN. This Article briefly discusses two of the six principal organs of the United Nations that is about Security Council and General assembly, along with various means of settlement with the object of bringing awareness among readers of the significance of the UN Security Council and General Assembly playing its role in preserving International Peace and Collective Security. After reading the entire article, the reader will understand the importance of the UN Security Council and General Assembly and get a brief idea of other aspects of International Law about the Security Council and General Assembly.

Corporate Governance refers to the regulations and guidelines that a company receive in order to ensure their efficient and effective company administration. We know, company incorporates itself with the key foundational documents called the Memorandum of Association and Articles of Association. These documents lay the basic framework for a company’s governance throughout its existence. But, it is to be known that the concept of Memorandum and Articles is not only present in Indian Jurisdiction, but other foreign jurisdictions also have mandated to get their constitutional documents of a company to be framed at Incorporation of a Company. The paper addresses the key differences between Indian and Foreign Jurisdictions. Arbitration is the upcoming field of dispute resolution amid the judicial settlement via courts and has been gaining popularity in the Corporate Law field as well. The paper discusses the debate that have been ensued in the Courts regarding the inclusion of arbitration clauses in the Articles of a Company. Lastly, the conflicting standpoint with regard to the Shareholder’s Agreement and the Articles of Association of a Company has witnessed ambiguity in the Indian Judiciary. The paper has researched on which document has to prevail or what must be done to reduce the conflicting standpoints.

A tort is legal wrong that doesn't constitute criminal offence. Tort refers to the violation of an individual's right (right means legal right) , while the legal duty of the person committing the act is also violated. In torts, the wrongdoer compensates the aggrieved party. The aggrieved party receives compensation in the form of unliquidated damages, which are not predefined and are assessed by the court based on the seriousness of the wrong committed . There are Legal remedies in tort, which are checked and approved by the judiciary. If a wrong is committed against a party, the court orders the tortfeasor to compensate or return the belongings to the aggrieved party. The court can also convict the tortfeasor depending on the seriousness of the tort committed. There are two types of remedies - Judicial and extra-judicial remedies. Remedies that are provided by a court of law to an aggrieved party are called judicial remedies. When a person can lawfully avoid or remedy himself without the court's intervention, the remedies are called extra-judicial remedies. The purpose of this article is to discuss and analyse various types of judicial and extra-judicial remedies available.

Tort is defined under section 2 (m) of the Limitation Act, “tort means a civil wrong which is not exclusively the breach of contract or the breach of a trust”. In this article, we will be dealing with ‘the applicability of mental elements in tort and the comparative analysis with crime. The difference between the mental element in crime and torts, how the mens rea is applied in crime, and how intention, motive, malice, negligence, recklessness, and the other mental elements work in torts. As jurist Salmond defined it – “It is the act and not the motive for the act that must be regarded. If the act, apart from the motive, gives rise merely to damage with legal injury, the motive, however reprehensible it may be, will not supplement that element”. The difference between mental elements in torts and crime and the different types of mental elements in torts will be discussed in depth with various case laws and judicial precedents. The questions to answer in this article are, ‘the importance of mental elements in torts’; ‘how the mental elements differ in crime and torts’ and ‘what significant role do mental elements play in determining tortious liability? The two different types of torts, intentional and unintentional torts will be discussed in depth. The mental element in this article refers to the person’s ‘intention’ to harm any other person by infringing his or her legal rights. The objective of this article is to study the comparative analysis with crime, how the mental element is essential in crime and not that relevant in torts, and vice versa. The article also deals with a critical analysis of the applicability of mental elements in torts and crime.

The law of tort is defined under Section 2(m) of the Limitation Act, ‘tort means a civil wrong which is not exclusively the breach of contract or the breach of a trust’. This article provides an overview of the fixation of compensation or remedies provided under the law of torts. Any legal recourse without remedy is fruitless. Anyone approaching the court with injury expects some sort of remedy or compensation for the damages that occurred. The main aim of providing remedies to the aggrieved party is to take them back to the position that they appreciated before the happening of the tort. In torts, fixation is done in the form of monetary compensation for the damages caused to the aggrieved party. The present article puts light on various damages and their remedies along with their types and their justifications. The main motive of this article is to make an individual aware of the remedies available to him for the damages that occurred to him. It also includes the question of whether there is any room for improvements in the current method followed in India. As we know, the tort is evolving from time to time according to our needs, so this article also includes the writer’s point of view along with a conclusion and bibliography. This article focuses on the core areas of fixation of compensation under torts. It also includes judicial precedents related to the topic, which describe the topic in depth.

Banks are viewed as important components of an economic growth of the country in present era. There are many different types of relationships between the bank and the consumer depending on the type of transaction wherein these relationships are contractual in nature and are dependent on confidentiality. In comparison to most other service providers, the relationship between a bank and its customer is distinct from those of most other service providers in a number of significant ways. The existing paper highlights the general and specific relationship between a bank and customer in detail accompanied by various other miscellaneous banker-customer relationships are being discussed in this research paper. The rights and obligations of both bankers and customers as well as the difficulties in the form of challenges confronted by both parties is analyzed in the research paper. Recognizing the customers thoughts and concerns is one of the first stages to providing a great customer experience. In the current paper, some general tips for improving bank and customer relations are covered. The Indian banking system operates in accordance with the Reserve Bank of India's directives. The methodologies used by banks should be designed to improve customer service, and they should regularly assess these systems effects on customer service. In addition, this research paper discusses the Scheme of Banking Ombudsman, which has been created with the goal of facilitating the settlement of grievances connected to the delivery of banking services and settling disputes between a bank and its customers. Thus, it can be concluded that the relationship between a bank and its customers is fundamental to the banking system's smooth operation in India, where banks are regarded as the country's foundation because of their position as a catalyst for economic progress.

The Muga Silk culture is an integral part of socio economic and cultural aspects of people of Assam since time immemorial. Muga is a traditional art and craft has huge potential for the Muga farmers to generate sustainable livelihood through Muga cultivation. This industry has the capability to reshape the rural economy of Assam to a greater extent. Assam alone produces more than 90% of the total Muga Silk raw production as the weather condition suits for the growth and development of Muga Silkmoth. It is one of the most important cottage industries that is eco-friendly and helps in creating employment opportunities with low capital intensive. It is the first registered GI product of Assam. This article will discuss the role of the Muga Silk-geographical Indication of Assam in the sustainable development of Assam.

Alternative Dispute Resolution (ADR) is a method of resolving issues other than via litigation. Arbitration, negotiation, mediation, and conciliation are all techniques an unbiased third party uses to settle a disagreement. The disagreement is settled without the need for the Court's participation. This article focuses to explain how ADR can be useful in today’s criminal justice system and how it could speed up the process.

This paper would educate the readers about what exactly is Female Genital Mutilation as one common problem which could be recognized was that this custom (FGM) lacks awareness, and not everyone knows its meaning. The paper would highlight what a custom is and how many customs are there which are prevalent and which are not prevalent or which are valid and not valid depending on various case laws; then, the invalid customs would be discussed as to why they were invalid and what the court says and then what the court said regarding the invalid customs would be related to the concept of FGM. The paper will discuss how many provisions of the IPC and the fundamental rights the practice violate. Then FGM would be discussed as readers would only know a type of FGM when there are 4 types of (FGM) in reality. The paper would clarify to the reader why FGM should be banned and considered invalid as a custom as it serves no purpose. There are very few people who have studied the topic in-depth, and people do not realize that it is still prevalent. The paper would also educate the readers about why it is a crime and what type of a crime it is per various organizations’ views like WHO, UNICEF, etc. The readers would also learn that, at present, there isn’t any law in India that bans the practice of FGM, so gradually, as they read through the paper, they will be able to understand various case laws pointing towards criteria of invalid customs through which the FGM can be included as there were customs which were declared void by the courts due to their lack of reasonability as well as purpose. The readers would also be able to compare various customs which were declared void by the court and, at the same time, realize that FGM is also one such custom that needs to be banned by the law because it does not have any health benefits for girls and women and is mostly carried out on young or infant girls till the age of 15. The readers will also read about how many articles or human rights or fundamental rights it violates and not only that, but how hard it is for the girls to get treatment because of immediate health complications from the procedure of FGM. The readers would also read about all the countries in which the practice is still prevalent, as well as info and statistics regarding various NGOs taking initiatives to get this custom banned.

Every Individual has a right to own or possess or enjoy his property absolutely without interruption from anyone, but due to some exceptions and irregularities under article 300 of the constitution which talks about eminent domain and some provisions in the land Acquisition act 1894 which raises like how compensation paid isn’t enough as per to current market scenario and other issues regarding the owner of the land who has been evicted have not been rehabilitated to as per their satisfaction. This Research paper would further discuss infringement of individual rights may be justified as compared to the greater good of society. In this research paper, we'll look at the evolution of the law governing land acquisition, a few provisions pertaining to compensation, and the adoption of the Indian right to property.I want to remind the readers once more that acquisition is a very broad topic and that numerous laws govern it from the outset. Because of this, I will confine myself to the goal of this research paper. There would be an analysis regarding areas where both the Land Acquisition Act 1894 would be related to LARR Act 2013. We would know whether there are any contradictory concepts like the right to property, principles of eminent domain, etc and how the concept of property and compensation was portrayed and whether the compensation under the acts is satisfying the people who come under this act and how the scheme of compensation was developed over the time period. We would analyze the reasoning behind striking of right to property as a fundamental right.

After the successful implementation of the Faceless assessment scheme, the Income-tax department has also launched a faceless penalty scheme and faceless Appeals system before CIT(Appeals). It is claimed that Faceless Assessments & Faceless Appeals have drastically reduced unwanted interaction of the department with the assesses, helped in speedier disposal & transparency, and instilled an environment of mutual trust between the department and the assesses. In the Finance Bill, 2021, it has been proposed to make the Income Tax Appellate Tribunal (ITAT) faceless by amending section 255 of the Income Tax Act, 1961. This paper seeks to enquire about the impact of the e-initiatives in proceedings related to assessment, e-penalty, and appeals to the natural justice principles with special emphasis on the faceless assessment initiative undertaken by the Income-tax department. For this purpose, recent rulings of Income Tax Appellate Tribunals and higher appellate forums have been analysed, where the issue involved related to the violation of natural justice through orders passed by the department in the faceless regime.

The word “Tribe” is nowhere defined in the India Constitution, but the existence of Tribe, Tribal and their culture is somewhat which is known to India and its people since centuries ago. Tribal communities in India have a very long history of living peacefully and have always been a protector of mother earth. Tribals who can be classified into nomadic tribes and semi-nomadic tribes are known for their peculiar style of living very close to nature and have their own identity. Laws in India give special protection to tribal communities and areas where such tribal communities reside to preserve their distinctiveness and age old customs. But it is not uncommon that nomadic and semi-nomadic tribes are today living in a marginalized state in the Indian sub-continent, especially the Gujjar Bakkarwal nomadic tribal community of Jammu Kashmir. These Gujjar Bakkarwal tribal people are living a pastorial nomadic lifestyle today in J&K, where they are far away from the basic amenities and civil rights available to the common citizens of India. Children in this tribal community are not literate, whereas old and feeble are suffering from the health issues but this tribal community continues to be neglected and discriminated by the government of the erstwhile State of J&K. This Gujjar Bakkarwal community which comprises ninety percent of the Scheduled Tribes in J&K is deprived today from government schemes, education, healthcare and other benefits. They have never been given reservation in erstwhile State legislative assembly or House of People since independence. This community has always been a victim of State politics in J&K. Situation is said to have improved for them since Aug, 2019 when Article 370 of Indian Constitution have been amended by Parliament of India. This paper is an attempt to analyze the socio economic profile of Gujjar Bakkarwal community both Pre and Post Article 370 amendment. Study will also cover the legal imperatives available to this community within the contours of Indian legal system and the Constitution of India.

The rising interconnection of the global economy, as well as the multinational nature of many corporate operations, has aided the establishment of a universal focus on consumer rights protection and promotion. Consumers and customers all around the world are seeking more value for their money in the shape of better products and services. Without question, modern technological advancements have had a significant influence on the quality, availability, and security of goods and services. Consumer protection is critical in the current environment, since customers are being exploited by unscrupulous manufacturers and sellers. The largest financial gathering in any country is buyers. They are the most important aspect of any financial transaction. Consumer protection is a type of social activity aimed at ensuring the well-being of consumers in society. Everyone is an imagined consumer, whether he is an industrialist, a manufacturer, a dealer in any calling or administration, or a member of another social class. By enacting a number of laws, various actions have been taken to safeguard consumers despite the fact that consumer issues still exist in society. Certain enhancements have also been made to further safeguard customers. Consumer security is a collection of laws and agreements designed to protect purchasers' rights as well as fair trade, competition, and accurate data in the marketplace. The new rules are likely to be robust enough to defend and safeguard online customers' rights while also boosting India's e-commerce boom. Customers' trust is influenced by laws controlling consumer rights protection in e-commerce, in addition to elements such as security, privacy, warranty, customer service, and website information. With a strong legal framework and consumer protection safeguards in place, the future of e-commerce is bright. The findings add to the body of knowledge on e-commerce and consumer rights protection by explaining the important elements that influence customer trust and loyalty and providing a useful viewpoint on e-consumer protection in the Indian context with broader implications.

The research paper aims at studying the influence of social media on students. The new world of social networking permits free sharing of thoughts. Technology has modified the approach individuals move and has caused the emergence of an open social platform like social media that enables the inhabitants of this planet earth to attach with one another, creating the globe a worldwide village. The advent of social media has compacted considerably. However students learn and also the mode instructors teach. Nowadays, a student’s life is influenced by many things, and those influences affect their life either in a positive or negative way, so this is done in order to find how the influence of social media affects the students. Empirical research is done with a sample size of 208. The sample frame is Chennai, Tamil Nadu. The data was collected through an online questionnaire using google forms. The main objective is to study the influence of social media on students and the advantages and disadvantages that students have as a result of using social media. To study the influence of social media on students, factors such as the amount of time spent in social media, the impact in their real social life, and the reason for social networking should be considered. Social media has a great influence on students. It is both positive and negative. Social media isn't solely a good tool for private development; however it's conjointly a tool for private and social destruction.

Crime is usually caused by social and economic factors and somehow violence is also linked with it. Pakistani society is suffering badly from this phenomenon from years because it usually remained unstable, and crime is higher in unstable society. The purpose of this research is to explore different crimes in district Chakwal and cause associated with those crime. For this purpose, a survey questionnaire is filled from 50 respondents of district sub jail Chakwal and with the help of this survey various causes of crime came across including poverty, unemployment, low education, parental relation, friend circle many other factors also contribute and this in return causes some effects on the life of young criminals and society of district Chakwal. Based on this research, it is suggested that family system should be in a better form and society must play a positive role and without family and society role youth violence cannot be controlled.

Corruption is one of the main problems affecting most states’ development, especially developing countries. It retards growth and prevents a State from achieving its full potential. Corruption has always been considered one of the central tenets of bad governance. Every State worldwide is devoted to its absolute eradication or at least its reduction. States have put in place treaties to repress the crime. These treaties oblige the Member States to cooperate in the eradication of corruption and to take legislative and administrative measures to ensure the crime is suppressed in all its forms. Most States define the conduct as a crime, and the perpetrators are punished as ordinary criminals and, in some cases, as in Cameroon, as special criminals. Despite all measures taken by the State of Cameroon to repress corruption, it is increasing. Thus, this article strongly recommends that the State of Cameroon address all the root causes of corruption if the crime must be suppressed or reduced.

This research paper presents the doctrine of the “basic structure” of the Indian constitution. This paper seeks your attention towards the political history of India and provides a deep knowledge of the basic structure doctrine. The term" basic structure" evolved after the judgment of the “Kesavananda Bharati Case”. The principle of the basic structure of doctrine was included in the constitution by the Supreme Court in 1973 in the Kesavananda Bharati Case, and the bench of thirteen judges sat to introduce a historical judgment of 680 pages though the ratio was 7:6. Mainly, the basic structure of doctrine came into force to protect the fundamental rights though, first amendment act abridged fundamental right, right to property but later on it was deleted by 44th amendment act of 1978 and made a legal right under Article 300A. This paper throws light on the pre-doctrine situation and post-doctrine situations. It also spread light on the current scenario and the critics of the doctrine.

Infection Prevention and Control (PPI) is included in the standard group of Hospital management so that a good PPI organizing system can improve the quality of hospital services. The purpose of infection prevention and control programs in hospitals is to identify and reduce the risk of infection transmission or transmission among patients, staff, health professionals, contract workers, volunteers, students, and visitors. This study aims to examine the Legal Basis for Evaluating the Implementation of the Infection Control Planning and Prevention Program (PPI) at Royal Prima Hospital Medan. The method used in this study is a qualitative analysis method. The location of the study was conducted at RSU Royal Prima Medan, and the time of this study was between February – March 2022. Data analysis was carried out by Triangulation Test by finding facts during surveys and observations. From the in-depth interview, it was found that in terms of fulfilling facilities and budgeting PPI, the RS leadership strongly supports the program. Integrated management support is budget and human resources in the form of providing budgets or funds for education and training activities outside the hospital to form a PPI Team. Regular socialization is carried out at regular employee meetings at the end of each month and at the time of orientation of new employees. In conclusion, Royal Prima Hospital Medan has implemented an Infection Prevention and Control System (PPI) in hospitals based on the Regulation of the Minister of Health of the Republic of Indonesia Number 27 of 2017, and is running well.

India is devoted to a clean environment with clean air and water. Indian constitution also supports environmental protection. India's commitments and obligations to environmental conservation and protection within the scope of the Sustainable Development Goals (SDGs) are manifested in the fact that several administrative and regulatory measures, including a separate statute on air and water pollution, have been enacted. However, with its expanding population and pervasive poverty, India has great problems in reaching its several other key goals related to poverty and hunger elimination. For the past three decades, India has experienced a surge in industrial activity. The concurrent expansion in industrialization and urbanisation has resulted in a significant increase in environmental challenges, particularly air pollution. Delhi the capital city of the country is also facing the problem of Air pollution due to poor infrastructure, extreme urbanisation, dust, industrial pollutants, vehicle emissions, landfills, and open burning. This paper discusses the causes and consequences of air pollution, as well as the actions taken by the Delhi government to address this issue.

Trade secrets are that tiny pieces of an organization's intangible assets that have the power to give it an advantage over rivals. Due to the escalating market rivalry, companies keep such trade secrets inside the confines of their businesses. Trade secrets are a minor component of intellectual property rights, although they are critical to companies to protect their private information and business procedures. Unfortunately, no legislation is in place to safeguard trade secrets in India. It makes the defence of what can be seen as the most vital type of IP vulnerable. In addition, India is obliged under the Agreement on Trade-Related Aspects of Intellectual Property Rights to safeguard trade secrets (TRIPS). The legislative technique used in India differs from that used in other countries. The judiciary has taken a proactive approach to protecting trade secrets in India. In India, trade secrets are enforceable by a contract or through a simple application of common law rules. This paper seeks to indulge in the regime of trade secret protection and the impact of inadequate trade secret protection. The author examines the status of trade secret protection and the relevance of criminal law in protecting trade secrets. Through this paper, the author will establish the need for separate codified legislation enforcing trade secret rights in India. The research concludes that proper protection under the Indian IPR framework must be formulated given the potential trade secrets behold a firm. The study explores the specific laws enacted in this regard in various nations while attempting to supplement the material already in existence about trade secrets and their protection in India.

Lord Denning observed, “People who combine together to keep up prices do no shout it from the house tops. They keep it quiet. They make their own arrangements in the cellar where no one can see. They will not put anything into writing nor even into words. A nod or wink will do”. Cartels are agreements between enterprises that work in secrecy and aim to exploit market power and disrupt free and fair competition in the market. Since cartels are so bad for an economy, it becomes imperative to have a system in place so as to keep them in check. This is where the Leniency Programme i.e. The Competition Commission of India (Lesser Penalty Regulations) 2009, steps in. The Leniency Program helps to detect these cartels as they provide incentives in the form of reduction in the grant of penalty to the cartel members, in case they come ahead and disclose the existence of the cartel. It can be said to be a type of whistle-blower protection, wherein the members are given benefit in the form of reduced penalty if they come ahead and give full, true, and vital disclosure/ information about the cartel. This paper aims to study the Leniency Program in India in detail while further critically analyzing the loopholes present in the same. The Leniency Regulations were amended in 2017, the same amendments shall be discussed and their impact and success/failure shall also be analyzed in the paper. There is a presence of a lot of vague concepts in the regulations, like the usage of the term “added value” when it is not clear what added value includes. Another is the usage of the term “may be” instead of “shall be” for grant in reduction of the penalty, which makes the regulations less certain and goes against the very purpose for which the regulations were enacted. It gives undue discretionary powers to CCI to decide the quantum of penalty to the leniency applicants. The same shall be discussed and analyzed along with a way ahead to solve them in form of recommendations and suggestions.

Planning has been an integral part of India’s economic and administrative processes. A well thought plan can go a long way in uplifting the economic status of one of the world’s largest democracies. Keeping the importance of planning in mind, post-independence, the Planning Commission was established. It was an independent advisory body comprising people in political power as well as experts in the subject. For decades, the Commission made strategies and initiatives in the form of five-year plans which would act as goals and objectives for the States and the Centre for the next five years. The plans launched by the Commission focused on multiple growth domains like- employment, agriculture, industries, etc. apart from the economy per se. These plans did help boost the national economy, however at a slower pace. In addition, there were several other lacunas existing in the functioning of the Planning Commission. As a result, in the year 2014, the decades-old Commission was replaced by a new reformed planning institution named NITI Aayog. This new institute would also act as an advisory body to the government of India. It was based on its own 3 different plans spread over three different time periods. Although the new body exhibited commendable work and growth rates in a short span of time yet, it was also subject to criticism as to whether it is better than the previously existing Planning Commission or not. This paper aims to study the two institutions and the ongoing tussle between the critics of the two in terms of their contribution to the country’s economy and growth.

Education has been institutionalized in the form of formal education in the schools and higher educational institutions in the remote and tribal areas gradually with the changing educational policies and programmes in independent India with the advent of developing educational infrastructure and Awareness in the remote areas. This resulted in a gradual increase in the percentage of literacy rate. The National Education Policy 2020, which aims to ensure equity and inclusion, has given a national perspective to the education of tribes and is a true manifest of good governance. programmes like Digital India, Samagra Shiksha, etc are facilitating students from tribal and rural areas to compete at the national level. The present paper tries to evaluate how much extent the national education policy 2020 helps tribal students to encourage them to take entry into the threshold of education and to carry on their studies. Again, it also tries to bring out the probability of how it helps tribal students to get them excelled in the job field and enhance their socio-economic conditions by creating more taxpayers in the society from the tribal community.

Trial by the media in a case whether civil or criminal is a part of investigative journalism and comes well within the right to freedom of speech and expression of the press. This can also involve the media to encroach upon the rights of the parties to proceedings while exercising its freedom of speech and expression. Moreover, discussing various privileged information in the public domain during proceedings causes many versions of the same story to come out and be sensationalized on the media platform. The media taking the role of an adversary and using the audience as a judge to conduct their own trials is how a media trial comes to be. Media on account of excessive coverage goes beyond its domain and publishes and covers interviews of witness or relative of a victim and prejudges the issue of conviction of the accused while the matter is pending adjudication in a court of law. This has a tendency to prejudice the mind of Court, Counsels and general public at large.

In India, any invention relating to a product or a process that is new, involves an inventive step (Invention of own), and is capable of industrial application can be patented in India. In order to be granted a patent in India, the invention must be novel and have an inventive step. The Patent law of India specifies conditions for inventors to get protection for their creations. In general, any invention relating to a product or process which is new and has industrial application can be patented in India. However, if the invention is merely an improvement of an existing product or process, then it cannot be patented in India under Indian Patents Act 1970. The lifespan of a Patent in India is not more than 20 years. After patent expiration, the invention becomes freely available to everyone. Any person who is a citizen of India or other countries can apply for a patent in India. However, if the applicant is not an Indian citizen, then he/she must have an establishment in India and should be registered as a patentee under the Indian Patents Act 1970. If an application for a Patent is filed by an individual, then it must be signed by him/her personally. Therefore, this paper compromises the Application process for Patents and the Stages that are faced by it in its lifecycle. Along with it, this contains the types of Patents that can be filed in India and their respective regulations. This paper also describes the procedure for filing a patent application in India and explains how to make an invention or creation protected by Indian law.

The purpose of this paper is to understand the necessity of introduction of Limited Liability Partnership in India. This paper helps in understanding the basic concept on an LLP and its features. The paper briefly discusses why an LLP is the need of the hour for businesses in India and how it will help the economy. It also analyses various case laws and acts relating to this type of partnership. The paper throws light on current stance of LLP in India. Various research papers and articles on LLP have been reviewed. Lastly, suggestions to improve LLP framework have also been mentioned.

Marriage life is the most important phase of every people in the world. Marriage is connected with the many legal issues in the society such as inheritance, maintenance, legitimacy of children and their inheritance rights and so on. In India, Marriage is the most important and essential life phase of everyone’s life. Due to unregister of marriage, Many cases are pending before the court related to many inheritance legal issues. The lack of compulsory registration of marriage cause gender inequality in India, mostly affecting woman and child. Women are frequently deprived of the status of wife due to a lack of registration proving a lawful marriage. Compulsory registration of marriage solved many legal issues such as inheritance of property, bigamy marriage, maintenance of the unearned partner and children, gender abuse, child marriage, etc. The Births, Deaths, and Marriages Registration Act of 1886 mandates the designated Registrar-General of Births, Deaths, and Marriages to preserve a proper record of marriage registers received from officials acting under the terms of the three Acts such as The Special Marriage Act, 1954, The Indian Christian Marriage Act, 1872, The Parsi Marriage and Divorce Act, 1936 and the procedure is most easy and friendly nature. However, Under the Hindu Marriage Act, 1955, there is a great lacuna for the friendly and easy procedure for the compulsory registration of marriage. In this research paper, the researcher discusses the compulsory registration of marriage in India and the report of the law commission. Further, discussed the legislative framework of marriage and registration and also analysis the procedure of registration of marriage in various countries such as Australia, New Zealand, the United Kingdom, Pakistan, and Bangladesh. The researcher explains the judicial precedent about the compulsory registration of marriage and the need for compulsory marriage registration. And the final part of the research paper, the researcher comparatively analysing the central legislative framework in India regarding the procedure for registration of marriage and also procedure followed for registration of marriage in various countries and suggest the best and possible framework for the compulsory registration in India particularly for Hindu and Muslim who not comes under the preview of the compulsory registration of marriage.

While drafting a contract, the drafter takes into account the specific requirements of the involved parties. Depending on the complexity of the contract, this means that the contract drafters often self-prescribe the rules that the contract is governed under. However, are these rules valid? What statutory rules and regulations affect such liberty of the contract drafter? Do courts – both domestic and international – pay heed to such rules, or disregard them in favour of general principles - both legal and otherwise, such as the significance of the natural meaning of the contract’s language, upholding the general common-sense based practices in similar transactions, upholding public interest? This paper looks at the extent of liberty the drafters of a contract have and other choices that are available to the contract drafters when it comes to designing a tailor-made contract to fit the circumstances.

The effects of vertical combinations have been devastating as the dominant company controls even the major operation of the companies that are associated with such dominant company in the supply chain. One such bundling of products was undertaken by Microsoft in the year 1994, that required buyers to mandatorily subscribe for Internet explorer, in order to obtain Windows licensing. This article intends to explain the factual scenario along with analysing the reasonableness of the judgement provided by the Appeals Courts.

The progress of Human Society, remains incomplete till the weakest sections of the society both physically as well as socio-economically also, receive the benefit of development and are at par with other members of the society, as far as we are concerned with the disabled children, there are hundreds of disabled children living miserable life, in different parts of the world. These children have traditionally been neglected, isolated, within their families and schools and above all, the society also. The data collection for the study has been mainly done through observing classes and interviewing the principals of M.C.D schools about their own training and preparedness for inclusive education and other facilities provided by the department, data has been collected from primary sources mainly. The resource crunch has been the common problem in all the schools, response of the parents of the disabled children and the society as a whole has not been so encouraging for the teachers. Secondary data from government and other sources has been used for the study The paper deals with the gradual shift in the focus from being completely neglected and isolated in terms of learning and education, to the formation of new stream of special education, which later on worked for the integration of regular schools as special children were allowed admission to the regular schools and now it has become completely Inclusive Education with the clear cut aim of “no one should be left behind”. As the Inclusive Education aims to provide all the facilities in regular schools for Disabled Children. The feeling of doubt, fear, about how to deal with these children, also about their achievement and performance has to be uprooted as early as possible. Delhi being the National Capital is believed to be having all the infrastructural facilities available as compared to the other states of the country, we will also try to look into actual situation in Delhi after the implementation of new education policy 2020, which stresses on providing the infrastructural facilities including specially trained teachers and other staff also.

The term ‘due diligence’ is so commonly used in legal parlance. Black’s Law Dictionary defines this concept as a ‘measure of assiduity or prudence, something that is circumstantially expected and is ordinarily exercised by a person who is prudent/reasonable’. Since this paper aims to connect due diligence with M&A, it is crucial to establish that a merger is an amalgamation of two companies and, acquisition refers to when one company purchases another company’s entire/partial shares to further control the latter. In this context, due diligence would include the procedure of investigating any person or business prior to entering into a contract with them. Not only does such diligence enable the consumer to crosscheck all legitimate information about the targeted company, but aids in laying the groundwork whilst simultaneously eliminating the obvious risks and loopholes. The researcher aims to first, cover M&A vis-à-vis due diligence broadly. Secondly, to study pre-due diligence and post-due diligence for potential red flags. Lastly, highlight solutions to tackle litigation risks. How does one become more diligent? What should one initially review before contracting with another? These elements will form the essence of the following paper.

There are various types and degrees of violence. Most of our civilizations have it ingrained in their very foundation. It could be psychological, verbal, sexual, or violent. Individuals, groups, institutions, or nations may cause it. The threat of violence is to humanity. Violence is a hazard to humanity as a whole now. Numerous people participate in collective violence. One form of collective violence that occurs between groups with different religious beliefs is communal violence. Religion is frequently seen as a catalyst for conflict and violent behavior. Religion has, however, always served as a source of both violent and nonviolent inspiration. One of humanity's biggest worries in the modern world may be the sharp rise in violence. India has also been dealing with violence of an unprecedented scope and intensity. In India, communal violence has been a significant factor in preventing peace. India has a wide range of religious, linguistic, and cultural diversity. To preserve society's peace and harmony in its variety, excellent coordination is required. But this hasn't happened. We frequently hear about racial violence in our society. In reality, it begins for unimportant reasons, but when it changes the complexion of communities, people start to divide themselves into parties and fight with one another.

In a country like India, the concept of marriage is considered to be a very sacramental practice and holds a greater societal, cultural, and emotional importance in people’s lives. Indian marriages are performed with great purity, it harmonizes two individuals for ultimate eternity and also teaches people the meaning of ‘living together’. In fact, Manu smriti declared ‘marriage’ as “the highest dharma” of the two people and as an “indissoluble union” between them. A successful marriage is a significant element in people’s life in order to attain happiness, however, there may arise situations that can be deemed as a phase of anger or other problems between a couple due to which they may want to decide to opt-out of the marriage. This can be easily achieved owing to the various additions to laws relating to divorce in India. The concept of Divorce under the Hindu Marriage Act has been mainly based on three different theories i.e., first, the Fault Theory, Second, divorce by Mutual Consent Theory, and third, the Irretrievable Breakdown of Marriage Theory. This paper focuses on the Mutual Consent theory of divorce described under Section 13B of the Hindu Marriage Act and discusses various related issues.

The paper provides a comprehensive explanation of the doctrine of Unilateral error using both inter preasentes and inter absentes. Cases using both in-person and written decisions will demonstrate that judges' decisions are inconsistent and that they cannot produce clarity in the eyes of the law and those of us who are subject to it. In addition, we'll try to show how inconsistent these claims are in the abstract and what impact it has on society today. The distinction made between inter preasentes and inter absentes is the main issue.

The purpose of this research paper is to provide an overview of how the Cholas, a Tamil dynasty that controlled much of southern India between the 10th and the 13th centuries, established a system of centralized govt.(government) and a disciplined bureaucracy during that time. The Chola empire may be considered the pinnacle of south Indian history. There is no doubt that the establishment of local self-govt .by the cholas in medieval India was one of the most important elements of the Indian state and also in modern India it played a crucial role. This paper will examine the importance of local self-govt. and also its application In India. Furthermore, in this piece of research, the question will be raised as to whether local self-govt. of this kind exists in India to this day.

Generation of waste is one of the outcome of a progressive society and an unavoidable result of the industrial progress. India experiences significant challenges with respect to the environment and human health due to the issues relating to the production of waste, the process associated with its collection, segregation, transport of the wastes to a proper location, appropriate treatment, and finally, proper disposal. It cannot be denied that India faces major problems with waste management. A lot of waste is generated every day, and most of it is not effectively managed. And this leads to serious environmental issues and impacts public health. A full-bodied system of management setup is very necessary to ensure that development and sustainability should go hand in hand. In India, waste management is governed by the Ministry of Environment Forest and Climate Change (MoEF), together with State Pollution Control Board and Central Pollution Control Board. Certain specific laws are also present to regulate waste in India. The National Environment Policy 2006 is significant in this, emphasising not only on disposal of waste but also recycling and treating it. A proper balance between economic growth and Environment protection is to be maintained along with the current practices related to the various waste management initiatives for environmental protection and human well-being.

Nowadays, there is always harm to the Privacy of a human being, and that should not be infringed in any manner. Moreover, there is an excellent use of social media, which also dramatically harms a person's Privacy. There is no specific definition for the fight for Privacy, but it can be said that the right to Privacy is a human right that every person can cherish by the edge of their existence. Privacy includes dignity, protection from state surveillance, persona autonomy, bodily integrity, compelled speech confidentiality, and freedom to dissent, move, or think. The hassle placed on this subject or sphere of observation is the Right to Privacy has now no longer been competently treated by the legislatures of various countries. The present legislation that deals with protecting the right to Privacy does not secure this right to the greatest extent. Since the safety of the Human Right to Privacy is an issue that attracts global norms transcending national boundaries, therefore, the existing observation has taken into consideration the improvement of the regulation referring to the Right to Privacy with inside the worldwide and countrywide fields in addition to the element performed via way of means of the judiciary, as some distance because the safety and enhancement of those rights are concerned. Existing laws in relation to privacy purpose of this study are to review and make people aware of their Right to Privacy in Cyberspace, and evaluate the concept of Privacy in Cyberspace, to find out the need for forming a separate Fundamental Right to Privacy after Article 21 of Constitution of India, and to analyse merits and demerits of Right to Privacy Bill, 2011 which is now known as Privacy Bill, 2014.

The issue of government liability elicits a significant response in any democratic nation where the government acts as a "welfare & service state." Conversely, the idea of an intense form of government calls for the State to actively participate in welfare and service activities, while on the other hand, the idea of governmental accountability could discourage such participation. As a result, a very fine line must be drawn. There are potentially two options available to someone who has been harmed or forced to incur a loss. He can either file a lawsuit against the offending officer or the government that the officer was representing. Because they were treated like regular people in the early common law, the concepts of culpability of the officers in question were recognised. With the expansion of governmental authority, the "officer's liability" has given way to the "State liability," on whose behalf he acts. The main justification for this change may be the concern that the idea of "officer's liability" may stifle the officers' independence and initiative. However, the current fashion shows a thoughtful blending of these two ideas. This paper discusses in detail the contractual liability of the government in India and what are the provisions for this in various laws in India. Also, it mentions the judiciary’s observations in various cases regarding contractual liability.

This paper analyses the scope of public participation in the Indian law-making process. We use the Pre-legislative Consultation Policy (PLCP) as the vehicle for exploring different spaces to encourage public participation. The case study of the Transgender Persons (Protection of Rights) Act, 2019 has been specifically chosen to explore the extent to which policies like PLCP engage with complex issues like ‘identity’. We take a look at the involvement of citizens in the process of policymaking in the country and analyze global best practices on public consultations for policymakers to come up with recommendations for India. Further, based on government data, we also examine the effectiveness of the public consultation. The procedure was introduced in 2014 and use our analysis proposes recommendations for strengthening the same.

Generally, the State is often referred to as "society politically constituted." A society is a community of individuals who live together and establish strong ties to meet their basic requirements. That could take place on a physical, emotional, mental, or spiritual level. It is impossible to ignore the existence of social organizations such as clans, tribes, communities, villages, religious institutions, educational establishments, workplace associations, etc. The network connection of interpersonal connections based on kinship, language, culture, common values, and territorial affiliations forms society up. Social interactions are regulated by mutual understanding, convention, courtesy, morality, agreement, and even contract.

As per Article 131 of the Constitution of India, the Supreme Court only has jurisdiction over civil lawsuits where a disagreement emerges between or among the states and the centre in the framework of the constitutional principle that exists between them and the associated legal rights derived from the constitution. Unless the court rules otherwise, the laws of Parliament are regarded as valid under Article 131 of the Indian Constitution. The quasi-federal constitutional structure of India frequently results in interstate clashes. Such disagreements were anticipated by the Constitution's architects, who addressed them by establishing Article 131, which gave the Supreme Court exclusive first jurisdiction. This article aims to study the exclusive jurisdiction available to the apex court.

India adopted adversarial system being a common law country for dispensing its criminal justice system. Said system has been inherited and adopted from the British colonies. In adversarial system, the investigation is conducted by Police and other investigating agents, and relying on investigation the trial is conducted against the accused. In this system the accused enjoys privilege of being innocent until proven guilty by the prosecution. The prosecution has to prove the guilt of accused beyond reasonable doubt. All this concept of innocence is premised on the doctrine of “Ten criminals may go unpunished, but one innocent person should not be convicted”. But now a days there is a huge cry about the acquittal of accused, and questions are raised, whether said doctrine and premise is unduly favouring accused? Whether presumption of Innocence is favoring the accused? In this regard, the report of Justice Malimath Committee has recommended several recommendations and recommended to adopt some provisions of inquisitorial system to strengthen the present adversarial system. This shows that the adversarial system is not strong enough to dispense the justice to the victim and punish the wrong doer. The Judges in the adversarial system have to take active participant in the trial to search the truth, to protect the rights of victim and punish the wrong doer.

This paper provides an overview of higher education and human resource development in India. The aim of this research is to analyze how India is focusing on quality education to enhance its human resource. To achieve this there is need for continuous skill development. The constitution guarantees the right to education under article 21 A to its citizens. It places India’s national educational policy and achievements in old education policy particularly against those people with which it is now increasingly compared especially weaker section of society. Second, the paper examines funding of education by the Centre and States which impacts the quality of delivery and ultimately reflects on the literacy rates, learning achievement levels, resources, and teacher inputs. Third, the paper investigates the objectives of National Education Policy 2020 to achieve global standards in education. Last, the paper discusses some major public education initiatives. The concluding section suggests a future agenda and appeals for rigorous evaluation of the impacts and costs of the numerous existing educational interventions, in order to learn about their relative cost-effectiveness for evidence-based policy-making.

Lesbian, gay, bisexual, transgender (LGBTQ+) folks are lawfully recognized as an equal person however the truth is that they still face discrimination and exclusion across the country (Bhutan) almost all spheres of life. Article seven (1) of the Constitution of Kingdom of Bhutan guarantees the right to life, liberty, and security of persons. However, there's a prejudiced tendency among the overall public and these cluster of individuals are targeted on the regular basis. In conservative society like ours, not like thus known as cisgender being these folks don't relish constant rights, privileges and protection, consequently suffer from discriminations in accessing to social protection schemes like health care, and employment opportunities and welfare schemes like education. Within the marketplace, the bulk of the LGBTQ+ folks still hide their sexual orientation or endure harassment out of worry of losing their jobs. Notably the young LBGTQ+ folks have to be compelled to bear varied stages of sufferings, discriminations, each mental and physical challenges. Their friends ignore and makes fun of them whereas others bully and their own oldsters and relatives shunt them for transportation misfortunes and degrading their social name. This usually results into the invisibleness among their peer friends, performance, college drop-outs, and mental state health problem, unemployed, homeless and self-destructive. Therefore, through this analysis, researcher can try and know why LGBTQ+ folks are discriminated, excluded and are bereft of their rights; right to live with dignity and equality. Alongside, this paper additionally stress on legal provisions supporting and protective the rights of the LGBTQ+ in Kingdom of Bhutan.

Legal Protection is any effort made consciously by everyone and government, and private institutions. Nurses in hospitals are an important concern, one of which is in receiving occupational safety law protection when carrying out their work at the hospital because the work they do is at high risk of work accidents and consequent diseases. This study aims to analyze the Legal Protection Against Health and Safety (K3), Nurses In The Emergency Room Room. This type of research is qualitative research and descriptive. The research location of Royal Prima Hospital Medan from February to April 2022 with a total sample of 9 people. The data analysis used is qualitative descriptive analysis research. The results of occupational safety management (SMK3) have been made based on the rules of the occupational safety management system (SMK3) government regulation No. 50 of 2012. Royal Prima Hospital has complied with Government Regulation Number 14 of 1993 concerning the implementation of the workforce social guarantee system contained in article 2 concerning social security for workers. Royal Prima Hospital complies with the provisions of occupational safety law No. 1 of 1970, regulating work safety in all workplaces, be it land, sea, and air within the territory of the Republic of Indonesia. In conclusion, Royal Prima Hospital Medan very much maintains the health and safety of its workforce, especially nurses as one of the medical personnel in the field of services at the forefront.

Gap between virtual and the real world is getting blurred for fast technology. Each sphere of life is dependent on technology and internet. In India, in every house all members of the family including children might be seen busy in playing online games ignoring its harmful effects on health, career, and social life. This paper to trace negative and positive effects of online games particularly on children and suggests means and ways to ensure healthy and prosperous future to coming generation with the help of doctrinal research methodology.

Judiciary is the supreme guardian of the constitution and is the authority that acts as a watchdog for the actions taken by the legislative and executive branches of the government and continuously monitors that they always work within the constitutional limit as provided by the Constitution of India and if any organ crosses that limit judiciary will bring it back. The legislative from time and then tried to keep the court out of its law-making power and initially until the Golaknath case the legislature enjoy sovereignty over constitutional amendments and cannot be called in the court of the law but in the Golaknath case all constitutional amendments come under the judicial review as in this case the court provided that the amending power of the constitution is not constituent power but normal legislative power under the article 245 of the Indian constitution and such exercise of power is within the preview of Judicial review and this sparked the duel between parliament over dominance to amend the constitution and the power of judicial review but with the implementation of Doctrine of Basic Structure in the case of Kesavananda Bharti vs State of Kerala the issue was finally settled and it is held that there is no limit on parliament power to amend constitution but every amendment has to be in conformity with the basic structure of the Indian Constitution and if not it will be held unconstitutional. The development of judicial review is gradual in India where in earlier stages the judiciary itself refrained from judicial review of amendment of the constitution but today all actions even the actions of the president of India can be reviewed in a court of law if violating the principle of natural justice and reasonability.

Psychopaths tend to act on a whim, without thinking. This means that they do not consider the consequences for themselves or what might happen to those around them. While psychopathy is not entirely consistent with antisocial personality disorder, the two are similar enough to suggest that treatment options may also be similar. There are many risks associated with psychopathy. Indeed, psychopathy is “one of the best predictors of future violence that we know of”.

Contracts is defined in S2(h) of Indian contract Act, 1874 .Contracts and Agreements are mostly considered synonymous terms, but they are different in many aspects, and they have a totally different definition. An agreement is the basic structure and when the agreement is legally bounding it becomes a contract, but if it does not include the essentials to form a contract then it can become a void, voidable, domestic agreement. Therefore, not every agreement turns into a contract, but it can be considered as an essential step forward to form a contract. This paper aims to differentiate between these two terms and elaborate the essentials to turn an agreement into a contract.

Trust, mutual respect and legitimate expectations are the basis of a spousal relationship. Sex outside the marriage is the breach of that trust. It is a matrimonial offence. Although every religion condemns adultery, yet marital infidelity has become a common occurrence in modern society. In some countries, it is a criminal offence too. The offence of adultery is generally committed along with some other criminal acts. This paper studies how the offence of adultery as a cause is linked with various other crimes transpiring in society. Further, an attempt is also made to suggest certain corrective measures to control adultery and the related offences.

Over the centuries, indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovations and practices relating to the uses and management of biological diversity on these lands and environments. Much of this knowledge forms an important contribution to research and development, particularly in the areas such as pharmaceuticals, agricultural and cosmetic products. This increasing economic importance of biological resources and related knowledge of these resources has made the allocation of property rights as one of the most contentious issues in the discussions concerning biodiversity management. But this new allocation does not recognize any property rights of holders over their knowledge. As far as India is concerned one of the mega biodiversity countries of the world and is also concentrated with indigenous people too. A major intervention in this regard is the adoption of the Biodiversity Act of 2002. But existing legal framework does not confer positive protection on the rights of traditional knowledge holders in their traditional knowledge. In this context, this paper seeks to analyze how the text of the law and its implementation has seriously taken care of the community control over biodiversity, the associated knowledge, its use, and protection.

India is a very famous country known for its cultural heritage, traditions, civilization, religion and geographical features from ancient times. In the history of India like rig Vedic period women were treated equally to their male counterparts in terms of their status and position. Only married men with their spouses were permitted to perform religious rites on numerous occasions. Women had not only equal positions but have been described as more than the better half in the scriptures a status that she has lost with time. In the early Vedic period women received adequate education & they were free to choose their husbands. They were regarded as a mother goddess (Shakti) in the Vedic Period (1500-1000 BC) as a symbol of life with the enormous ability for tolerance and sacrifice and they held a respectable place in society. Women's position decreased throughout the later Vedic period. The glorious Rig Vedic ideals of fairness and harmony started to erode. They were deprived of the right to study the Vedas, recite Vedic mantras and practice Vedic rituals and forced into marriage or domestic life, as well as indisputable devotion to their husbands then also with the passage of time women in India, is discriminated continuously as compared to men or caste discrimination. Now it is essential to empower women so that women take their own decisions for their private needy. So the concept of women empowerment is to make them independent from the mind, thought, rights taking, decision making etc. So my focus is on women's empowerment status in India because women and men are two wheels of the same cart and give them equal opportunity.

Forced migration due to environmental or climate change is going to be one of our greatest challenges going forward in the 21st century. Through this paper we make an attempt to probe into some nuances of forced climate migration and try to suggest an approach that can act as a guiding principle to the legal framework to be adopted to deal with the problem. Through this article we first try to define forced international migration due to climate change or environmental change. Through analysis of various extant definitions, we realise that a comprehensive definition to forced international migration can be arrived at by the definitions offered by International organisation on Migration and scholars like Myers and Kent. We then look at some historical as well as contemporary examples of forced climate migration to underscore the gravity and the magnitude of the problem. We realise through these examples that even though the proportion of climate refugees among all refugees is not the highest as of now, it has the potential to snowball into one of our greatest challenges. We then analyse the problem through a gender perspective. Consequences of International migration do not reflect equally on the genders, we see that an overwhelming number of international migrants as of now are male but the negative consequences impact the marginalised gender disproportionately. The final section of the paper deals with the examination of the existing legal framework with regards to International Migration arising out of Climate Change. On perusal of existing policies and framework documents we conclude that even though international bodies like the United Nations (UN) and International Organisation on Migration (IOM) have a clear-cut approach to migration in general their approach to Climate migration in particular is still deficient.

This article is an assessment on the conclusion of e-commerce contracts and the burden of proof in electronic commerce or online payments in case of disputes. The fact that electronic contracts are paperless documents concluded online poses problem as to the information fad on the internet and posts on the websites of the suppliers or sellers of goods and services, when retrieved from the web, would only be photocopies of such information and they may be considered in most cases as hearsay evidence coupled with the disruptive nature of the internet may cast doubt on the validity of the contract. So the manner in which such information can be retrieved to be used as potential evidence in legal proceedings becomes more challenging on the evidential burden of proof in case of disputes in the e-commerce environment. Also, the value of electronic commerce transactions extends far beyond the conclusion of e-commerce contracts to the number of disputes actually resolved because the location or identity of the seller is unfamiliar or the items being sold lack a well-known brand. The primary objective of this study is to analyze the conclusion of electronic contracts and the onus of proof in case of disputes. The main research question in this study is to find out when a misrepresentation, breach, or fraudulent online transaction occurs and one of the online customer dispute the transaction, which of the online customer takes responsibility for his or her argument. According to the study, a comparative research approach is based on documentary study analysis. It is, therefore, questionable if Cameroon’s legal mechanism dealing with e-commerce disputes is genuine and whether the existing inadequate online dispute resolution legislation with regard to the onus of proof in online dispute cases can address the challenges faced by online customers. This research proposes that streamlining guidelines on the burden of proof in e-commerce dispute cases in Cameroon will be paramount important due to its economic nature to avoid heavy loss and instill confidence of e–consumers. According to one writer, if consumers of the online business world are provided with an effective mechanism for redresser of their grievances it will go a long way to promote e-commerce. Therefore this study will fill this gap through the examination of the technological and regulatory mechanisms of online dispute resolution via a comparative study in Cameroon, United State and European Union.

As India possess the highest population in the world after China and even after seventy-five years of independence, the development of waste management processes are not up to the mark and still there is practice of manual scavenging at various parts of the country. The people who are called scavengers are economically weak and socially backward. They have highly sophisticated unhealthy lifestyle and highly unhygienic working condition. The lack of government support, poor education, un-developed technologies and religious belief about the scavenger’s is highly contradictory. The group of people “Dalits” who perform manual scavenging belongs to a particular community who are assigned for this particular work according to the religious beliefs in India. This article analyzes the different types of wastes that are handled by the scavengers and also it throws light on the working condition and living standards of the people performing scavenging operations.

The distribution of unqualified kids toys has raised concerns as it may containing harmful substances is one of recurring problem in Indonesia. The mandatory implementation of the Indonesian National Standard (SNI) for toys and various toy safety regulations have not indicated that children who is considered as vulnerable consumer groups, have really been protected. The rights of the child as a consumer have actually been proclaimed in the enforcement of Human Rights through the formulation of principles of children's rights in the business activities related to the Law on Child Protection and the Law on Consumer Protection. Normative research method is carried out by analyzing the legal norms of Child Protection Law and Consumer Protection Law which relevant to the purpose of mandatory implementation of SNI for toys. The findings of the study show the conformity of legal norms in Child Protection Law and Consumer Protection Law so that the protection of the rights of children as consumers in Indonesia should be carried out together with the protection of children's rights conducted by the government. The formulation of special regulations on children as consumers need to be supported by the active role of specific government commissions / institutions responsible for the protection of children's rights as consumers in Indonesia is very relevant to be formed in the future.

The paper begins with the evolution of the concept of international criminal court. Then, the emergence of the ICC with the Geneva Convention and the Nuremberg Convention are also emphasized. The paper also deals with the provisions of Article 12 and Article 13 of Rome statute of International Criminal Court(ICC), which deals with the jurisdiction of the International Criminal Court and issues of complementarity and universality. The paper also deals with the issue of nullen crimen sine lege and the concept of nulla poena sine lege in the criminal jurisdiction of the ICC. The court also deals with the issues of defining genocide, and the thin line where the jurisdiction of an individual country ends and that of the ICC commences. The influence of the Security Council and the issues of sovereignty are also dealt by the ICC . The opposition of the United States of America meted out to the ICC only for the sake of hegemony over the other countries is also discussed in this paper.

The need to protect and preserve traditional knowledge for the present and future generations has gained growing importance in the international fora ever since the adaptation of the Convention on Biological Diversity, in 1992. Since then, the protection of TK has been actively on the agenda of different inter-governmental bodies, including the human rights bodies, viz, the World Trade Organization and its Council for TRIPS, the World Intellectual Property Organization, the United Nations Environment Programme/CBD, the Food and Agriculture Organization, the World Health Organization, the International Labour Organisation, the United Nations Human Rights Commission and the UN Permanent Forum on Indigenous Issues. This article tries to analyse the pertaining international measures to protect traditional knowledge.

NFTs have become the touchstone of the new digital age. Though the term is in the process of receiving its recognition, its operation and existence is yet to be grasped comprehensive-ly. The build/elements of an NFT churn out the limitations and applications of the asset and what exactly is its scope. This paper in the first part seeks to divulge into the elements of the NFT – the item and metadata and attempt to clear some of the shroud regarding NFT. The second part of the paper is concerned with the legal implications of NFTs and whether NFTs infringe upon existing Intellectual Property Rights (IPRs). At the same time, it discusses the possibility of NFTs being protected by other IPRs. The paper seeks to comprehensively but compactly illustrate how NFTs are currently being utilized and how they may continue to do so without infringing IPRs. It also lays down some solutions as to how we could combat the lacunae of proper protection.

Regionalism is one of the most important phenomenons currently colonizing political science and the world of social science as a whole. India has always been diverse in every way. Let it be social stratifications, culture, languages and of course political parties. We have seen many regional parties and their ideologies in India creating new trends over the last few decades, which are increasingly blurring the line between Global and Local. But how concrete are these ideations? What can be their long-term implications on the democratic processes of this nation? This article discusses one such exceedingly aggressive ideology originating in West Bengal, which has proven to be a suitable opposition to the ruling party at the Union, thus providing interesting potential for research, not only including the concept of ideology but also the possible return to a more decentralised federal structure in India.

Constitutionality. It is a word that haunts every legislation and executive action that is ever made in a democratic and sovereign nation. One such executive action that is being questioned and criticised across the world is the recent decision of India to deport the Rohingyas back to their home nation, which has been challenged by the Rohingya Community members in the Supreme Court of India. Many people across the world have criticised India for this decision, and many International organisations under their veil of international morality policing has questioned India on various occasions for its exercise of Sovereign power. A nation under its sovereign capability must be in a position to exercise its powers in interest of its citizens and cannot be held responsible at any stage in the world on the basis of International responsibility and be labelled as violation of Human Rights. As for any Nation in this International Community the utmost and highest responsibility would be to secure the interests of its Citizens and the executive decision taken by India to deport Rohingyas is such decision and India has enough Rationale and validity to take this decision.

Indian is one of the biggest democracies with possibly the most diversified population. Thus, it becomes almost conspicuous for there to arise communalism within the subcontinent. Contrary to other nations, in India, communalism has come to be more widely associated with the state and religion than anything else. It is not a new phenomenon in India but has in fact, always been a part of the socio-economic structure of the country. However, the magnitude of the problem cannot be said to be as extreme under certain rulers as against others. The roots of the phenomenon can be traced to the ethnic and cultural diversity prevalent in the nation but predominantly to the politically charged groups with personal gains from the resulting consequences. This, although detrimental to the peaceful continuity of the nation, more often than not is espoused due to certain political ideologies which owing to the phenomenon, more often than not continue to flourish. It further also brings about a fundamental change in the ways of the country, which can be felt around in every dimension of the nation, including the social, political, and economic arena, and go on to induce complications in the intricate structure upon which our nation is built. This paper makes an attempt to analyse Indian history to bring forth these very political ideologies and their impacts on India, both before and after independence. The paper is divided into subparts the rule of the Mughals, the colonial government, and the post-independence period. Through this paper, I seek to argue and showcase the interrelatedness of the present regime to that of the past. Moreover, how under the garb of modernity, development, advancement, and so forth, the different governments always have and continue to make religion their stepping stone to establish the ideologies that best suit their interests.

“The High Contracting Parties, determined to prevent a recurrence of the fratricidal strife which twice in our generation has brought untold sorrow and loss upon mankind .” After the barbaric bloodshed of the Second World War again a need emerged to put an end to such incidents causing a dystopian future for the world community. On 1st January 1942, the term United Nations was coined by President Franklin D. Roosevelt with the aim to continue fighting against the Axis power 26 nations pledged for the same. In the year 1945, on October 24th, the United Nations wasn’t just a mere term coined but was officially recognised at the United Nations Conference on International Organization and led to the drawing of the United Nations Charter. It has been 75 years since the International Organization emerged but has it proved to be worthy of the effort that was made for its existence? The question with regards to the relevance of multilateral organisations has been emerging more and more as compared to the initial advent of the 21st century. Are International Organizations upholding the value made in the preamble? Are Multilateral Organisations in reality building peace or just mere Statue taking funding from its member states? Can Multilateral Organisations sustain them with the inevitable dynamics in the world surrounding them?

Gering's social utilitarianism links Bentham's individual utilitarianism with two important 20th-century movements: the "jurisprudence of interests" in Germany and Roscoe Pound's sociological jurisprudence. Gering wrote in The Spirit of Roman Law that a legal right is a protected interest. This led him to search for the purpose of law and conclude that every rule of law has a practical purpose. Every job is important. While he believed the human will was free from mechanical causality, he concluded that it is subject to the law of purpose, or that it acts for "reasons" (interests). His arrangement revolves around his interests. Rudolf Stammler attacked economic and historical determinism in his philosophy. He wanted to coordinate various phenomena under one overarching theory, a formal method for determining empirical rule contents. Stamler focused on ethics and law rather than legal rule administration. Under his plan, the jurist faces two problems: authority and the rule of law, and implementing legislation effectively. The state must study social phenomena to achieve just law. Stammler's greatest achievement is functional sociology. He made justice-through-law the social ideal. Stammler studied a community of free-willed men, while Kant studied individuals. He envisioned social cooperation in which individuals merge into communities. He arrived at justice by emphasising individual goals over personal desires. He wanted to replace individualism with a social philosophy of law and add just rule making and adjudication. The sociological jurist should agree fully.

It has been a long-drawn battle for women to get their reproductive rights being legally recognised across countries. Time and again, these have generated debates because of their moral, ethical and religious implications. Historically, women have been categorised as the weaker section of society and have been denied basic human rights, including the right to choose to abort. The legislative frameworks have remained insufficient for quite a long time in addressing these issues at the grassroots level. Even in recent times, the overruling of the 50-year-long judgment of Roe v. Wade by the Supreme Court of one of the most developed countries led to hue and cry. On the other hand, in developing countries like India, laws are being enacted and subjected to amendments so as to grant and recognise these reproductive rights of women. This paper aims to analyse the legal framework with respect to the recognition of reproductive rights of women and thereby draw a comparative analysis of US and India.

In recent years, ransomware has become one of the biggest cyber scams to hit businesses. Ransomware is mischievous software that allows a hacker to restrict access to an individual's or company's vital information in some way and then demand some form of payment to lift the restriction. The most common form of restriction today is encryption of important data on the computer or network, which essentially lets the attacker hold user data or a system hostage. Over the past three years, ransomware has become one of the biggest scams to hit businesses. The ramifications of a successful attack are far more extensive than just the cost of the ransom. Organisations can suffer lost productivity, loss of business, inconvenience to customers and potentially the permanent loss of data. In this paper, mode of ransome attack, ways to protect the hardware are discussed. Ransomware attack is a breach of Right to personal liberty guaranteed under the Indian Constitution. India at present does not have a proper extradition law to deal with crimes that have been committed over the Internet. Critical analysis of ransomware attack, methods to protect the ransomware attack and the legal protection against ransomware attacks are presented in this article.

The menstrual cycle is sensitive in some countries and is still a stigma and imperious practice. Most legal systems do not grant menstruation leave, which has been taken as little credence with narrow contours. There is a conundrum to the issue; for instance, one of the significant difficulties in attempting a contextual analysis of menstruation is the stigmatized terrain of the subject; the study elaborates on it brick by brick in the different segments to pave the connection between law and women and also it will outline the prospects and challenges of menstrual leave. The article is a “Magnum opus,” emphasizing the importance of perceiving both sides of an argument as convergence and divergence. The study establishes that most countries have not enacted“Menstrual Leave”-related laws. The current work is limited to working women in organized sectors. The present discourse is based on the following research questions: whether the menstrual leave is regressive or progressive. What difficulties do women face when they are menstruating? How is menstrual leave incorporated into a few legal systems? This study employs a doctrinal method with a comparative legal analysis, and it reviews some of the literature to collect the necessary data. This paper sheds light on and compares those countries which have granted menstrual leave policies.

The progressive era in US history began in the early 1900s, and was a period of rapid socio-economic and technological reforms. This period saw expansion of businesses as well as a hope to make America a more democratic place. During this time there emerged a group of journalists tagged as the Muckrakers. Using their first amendment right to free speech, these journalists were on a mission to uncover the corrupt practices prevalent in America at the time. They mostly wrote for McClure’s magazine and included; Jacob Riis, Ida Tarbell, Upton Sinclair, and Lincoln Steffens, amongst others. They gambled their reputation to write about the injustices they observed. The reason for their success at the time is partly due to the coming of Theodore Roosevelt, a progressive president who endorsed these journalists and is even credited with coming up with the term ‘muckraker’. But by the 1910s, the atmosphere of America was no longer conducive to the survival of the muckrakers. The world war changed American feelings towards enterprises and the government. The traces of these journalists were reduced, but they left behind a legacy of American legislative changes.

The goal of this paper is to investigate the copyright issue surrounding digital content in India; various students and researchers have written about digital content, thus making it easier for everyone to learn and understand about the phenomena that surround the discovery, retrieval, and generation of new data in every subject. Individuals have been mass-publishing digital content in the form of eBooks, blog posts, and even Facebook and other social media platforms, unknowingly that they are creating digital content. People are abusing this facility by interfering with the rights of various authors, creators, or producers either because of ignorance or not knowing that what they are actually doing is an offense. The copyright law's purpose is to establish a legal framework for the protection of a writer's "artistic," "literary," or "musical work." Copyright is essential not only to the persons and companies who rely on it for their livelihood, but it also has an impact on the daily lives of members of the public and enterprises dependent on the copyright’s contents in one way or another. However, the realm of Intellectual Property Rights, as in regard to Copyright in India, has just been debated for so many years; and many changes have been made to both the laws and practices in the ambit to make the protection more effective. This article will help not only creators of digital material, such as librarians, administrators, writers, and publishers, understand copyright problems pertaining to their digital work, but it will shed light on the challenges facing digital copyright protection, how to improve the system and the significant achievement the laws has made in far as the protection of digital content is concerned.

Fighting terrorism is a global call for concern. Cameroon as a state, on its part has adopted measures specifically judicially in combatting acts of terrorism within its national territory. This article identifies and examines the role of the Courts in the implantation of the 2014 anti-terrorism law and how this judicial activity impairs human rights. It is based on primary data from unstructured interviews and legislations. Findings reveal that the courts play a key role in combatting acts of terrorism. However, most human rights of these terrorist are not respected in the adjudication process most at times due to the outrageous nature certain provision of the 2014 law on terrorism. This article concludes certain provision of the law be reviewed with a more human rights based approached adopted and a degree of constitutional independence of the judiciary.

This article analyses Bhopal Gas Tragedy and examines the factors that contributed to the gas leak in 1984, attributing it to corporate negligence. It must be duly noted that this article does not scrutinize the Supreme Court’s orders in this case and also does not seek to examine the conceptual understanding of green criminology. The primary goal of this article is to give much-needed attention to zemiology or social harm approach to comprehend whether or not the discipline has a practical standing. While examining that, the article takes into account the criticisms and argues how zemiology brings a fresh perspective to the table.

In this paper analysis is done of the Privacy And Data Protection Issues in OTT Platforms. The meaning of Privacy And Data Protection and OTT is covered here. The paper is also discussing the concerns regarding the Privacy and Data Protection in OTT and the methods to mitigate it is also being discussed. Then the present regulatory framework with respect to India is being dealt with here. It also gives an explanation of relevant laws and court rulings. Protecting people's "data" is the goal of "data protection." This "right to privacy" has been declared to be a "fundamental right in India '' as a consequence of court rulings. Over the top (OTT) content providers are streaming media services that are provided to consumers directly over the Net. It sidesteps cable, telecast, and satellite tv. Some of the most significant security issues affecting the OTT are being covered. Then the present regulatory framework are being discussed and then concluded with the suggestions to overcome the threats to Privacy And Data Protection Issues in OTT.

Indian criminal law was enacted in 1860 and has remained largely unchanged since it was enacted in. Various organizations believe that the types and amounts of penalties provided for in the Indian Penal Code 1860 are not appropriate under the modified scenario. Penalty objectives serve to assess the degree of measures and penalties for various offenses under the Indian Penal Code. This paper is an attempt to analyse the different types of penalties under the Indian Penal Code 1860 and their suitability for the current scenario.

Domestic Violence is an abuse to women my any means whether it is physical abuse, mental abuse, or Sexual abuse. Domestic Violence occur all over the world but it most of the cases are reported in India because, India has male dominance society and people live in joint families. Dowry an aggressive nature of partner found most prominent reason of domestic violence. In old days, there was no any special provision in Indian legislature to deals with it, but in 1983 Section 498A was inserted in Indian Penal Code, 1860 to deal with Matrimonial cruelty and its punishment. It is cognizable, non-bailable and non-compoundable offence.

It is imperative to regulate the time, place and method of formation of contracts since they can create a domino effect of technicalities. These could include the liabilities, contractual obligations, the rights of either party to the contract, and also the jurisdiction a matter would fall under in case of discrepancy. To navigate this minefield of potential hassle, the Indian Contracts Act, 1872, hereafter referred to as the ICA, does recognise that a separate procedure must be entertained for non-instantaneous modes of communication, particularly mail or post, commonly known and hereafter referred to as the ‘Postal Rule’. This paper’s primary purpose is to analyse whether Email as a method of communication of proposal and acceptance, should be classified as instantaneous or non-instantaneous. As a result, another topic in focus will be to what extent, if at all, the Postal Rule applies to emails. This will necessarily include a discussion about the technological aspect of emails, to better our understanding of the true nature of the medium. We will also be analysing the effects such strict classification would have on email contracts, followed by some remarks concluding the discussion presented in the paper.

The belief that everyone, by virtue of her or his humanity, is entitled to certain human rights is fairly new. Its roots, however, lie in earlier tradition and documents of many cultures; it took the catalyst of World War-II to propel human rights onto the global stage and into the global conscience. The Universal Declaration of Human Rights, proclaimed in 1948, provided a framework for a series of international human right conventions. Human Rights involve both rights and obligations. State shoulder responsibilities and duties under International law to respect, to protect and to fulfill human rights. The main aim of the study is to explore the historical development of Human Rights and analyze the various instruments. The data for this study was collected from several articles, books and related documents regarding Human Rights.

Maharashtra Recognition of trade unions and prevention of unfair labour laws practice act 1971 sanctioned by the government of India for regulation of industries in the country to attain the goal of empathetic between employee and employer. This act figure on the incidence of the strike, lockout, illegally, declared, economizing, terminating a workman. Under such circumstances, Industrial act can be closely related and several other problems between employee and employer. In such unwanted issues of industry, the industrial act, MRTU and PULP Act 1971 against ULP are provided. Few functions of trade union are to ensure fair wages for worker, to work for collective bargaining, to improve working and living condition, to enlarge opportunity for promotion and training, to provide education culture and recreational opportunities, to promote individual and collective welfare etc.

This study's primary objective was to examine the effects of online banking on Kabul commercial banks' financial performance. While addressing financial performance and online banking, the following question can be pondered. What is the impact of online banking on the financial performance of commercial banks in Afghanistan? Furthermore, the primary data were examined by using SPSSv.24's descriptive and regression methods. In addition, different regression assumptions, estimating methods, specification checks, and other tests were performed on econometric models. According to the findings of random effect regression analysis, capital sufficiency and cost-effect were closely related to banks' financial performance. The study finds that online banking boosts the financial performance of commercial banks in Afghanistan. Inversely, there is no statistically significant correlation between the financial success of banks in Afghanistan and online banking or bank size. Additionally, there is a plethora of literature and studies on contemporary online banking and financial performance in different countries, However, there is no study on the implication of online banking on the financial performance of financial banks in Afghanistan. Furthermore, the present study found no banking law in Afghanistan to deal with financial technology, digital currency, and online banking. Hence, the present study is expected to enrich the knowledge of online banking and financial performance in the commercial bank of Afghanistan.

The 2013 Constitution of Vietnam upholds human and basic rights and obligations of citizens in which personal data protection is one of the most important human rights-related issues. Although it has been recognized in many different documents, so far, a complete and comprehensive legal framework has not been enacted to separately regulate personal data protection. The absence of a complete legal framework directly affects the effectiveness in protecting personal data in particular and protecting privacy in general in Vietnam. The limitations in the provisions of Vietnamese law on the protection of personal data will be highlighted within the scope of this study. With such purpose, the study mainly uses analytical methods to evaluate the current provisions of Vietnamese law on personal data protection. In addition, legal comparison method will be also applied to suggest some comprehensive regulations for Vietnamese laws on personal privacy protection following the practical examples of other nations.

South Asia is looking for a regional hegemon. But this regional hegemon comes in the form of angel disguised as devil. China is the largest creditor in Asia and Africa. This credit goes in the name of investment for the infrastructure of the country and to be a part of its project- The Belt and Road Initiative. China extends its influence via financial aid and soft power to these countries, and slowly they become heavily indebted to China. This paper will underline China’s debt trap policy with reference to SriLanka’s economic crisis, showing how the Third World is caught between the neo-colonial agendas of the west and the clever policies of China. It will also raise the question of why China’s Belt and Road Initiative has not even started yet? Is it because China’s investing in the wrong plans, projects, and countries?

The emergence of Artificial Intelligence (AI) in the recent decades has been surprisingly met with monumental acceptance. With its application limitless, it has been introduced or at the verge of being integrated into numerous sectors worldwide. The field of healthcare is no exception, and with digitalization taking hold over its activities, application of artificial intelligence in medicine is not a question of ‘if’, but ‘when’. While ideally people prefer to trust human medical practitioners over machines, artificial intelligence is a gateway to the nearest possibility of achieving perfection while discarding human errors. However, there exists an issue of how morally acceptable it is to trust machine learning over human capabilities and there is an ethical and legal dilemma of subjecting human life to a machine that lacks humanity and sentience over humans who lack precision. With major corporations being invested in artificial intelligence and machine learning pertaining to healthcare, it is no surprise that in near future, it will turn into another commercial pawn to rule over the market. It is imminent that adequate legal framework is introduced for its regulation. The author of this paper has made an attempt to discern the rise of artificial intelligence in the public health sector, identifying its many issues, and the impact it had globally in the detection and control of the spread of COVID-19.

Acid Attack is not just the pain, which is affecting the innocent victim's body; however, in reality, it is an attack on the spirit of the legal system. Acid attack is prevalent in our society, irrespective of several amendments to criminal laws. The adequate framework of law serves as an important decision-making tool to understand how different principles of justice can satisfy victims starving for justice. The acid attack has had a steep rise in the past few years, and as usual, most of the victims are women and only women. The horrific act of attacking people with acid has occurred across different parts of the country. The man has chosen an alternative form of action to exploit the life of women. Hydrochloric acid and Sulfuric acid, which are easily available in the market, are used for acid attack which melts the skin and even bones of the victim. Acid attack is such a heinous form of crime that makes the life of the victim miserable. Apparently, why in the current scenario, the prevalent laws & latest amendments are inefficient in upholding the Psychological Violence, Social Isolation, Emotional Trauma, and Biological Injury faced by an acid attack survivor. Although the commencement of law reforms in the acid attack legislation is a positive sign, there is a long way to go as to effectively implement these provisions. Though it is admitted that once new legislation is enacted, it takes time to settle and is subsequently evolved by the dynamism of the judiciary, some of the shortcomings faced prima facie need to be addressed. The current acid attack provisions and judicial approach on the quantum of damages are very restricted in view of the nature and the gravity of the offence. The judgment of the courts is just covering the outer verge of this particular offence, whereas the real trouble starts just after the courtroom i.e. upcoming societal hurdles & the unpleasant treatment they will be facing in the journey of their life which these pure souls and spotless hearts have never thought-off. Thus, this is an attempt to sets a future functionary goal for governments to work towards having new provisions because the punishment is the need of society, but Law valuing sentiments is the want of innocent victim.

Inheritance tax is a direct tax that is often regarded as the most progressive of the various tax systems in the nation. Inherited property is subject to Inheritance Tax. The assets that are bequeathed to a person from a deceased person are known as inherited property. Inheritance is the process of passing a person's property, titles, debts, rights, and duties to their lawful heirs following their death, either via a Will or by the rules of succession. Under the Estate Duty Act of 1953, it was first implemented in India as Estate Duty. The rate of inheritance tax varies depending on the heir's connection to the descendent and the amount of the property inherited. This tax is not now applied in India since any inherited property obtained through a Will, by way of inheritance, or in anticipation of the payer's death is excluded from Income Tax under Section 56(ii). Various state governments are struggling to pay their employees' wages as a result of the outbreak of Covid-19. The same is true for the Central government. It is the result of a number of factors that have been in play for at least a decade. According to reports, the central government is exploring a variety of methods to deal with the issue. The reinstatement of inheritance tax is one of them. The purpose of this study is to examine whether reintroducing inheritance tax would be advantageous to India, taking into account its social and economic structure, and comparing it to the inheritance tax model used in the United Kingdom.

India is a country with the 2nd highest population in the world split by religion and each religious community in India has different particular Personal laws. India follows British- period laws such as Muslim Personal Law, Hindu Personal Law, Parsi Marriage and Divorce Law, and Christian Marriage Law. The country relies on social-period laws to regulate matters such as divorce, custodianship, relinquishment, and heritage, including marriage, divorce, alimony, property heritage, and relinquishment. The UCC intends to replace Personal laws presently in force that apply to different communities and conflict with each other. These laws include Hindu Marriage Act, Hindu Law Succession Act, Indian Christian Marriage Act, Indian Divorce Act, Parsi Marriage and Divorce Act, and Muslim Marriage Act. The Uniform Civil Code has three main issues validity, gender equivalency, and maturity versus nonage. The individual rights approach is perceived to be problematic, offering different laws to members of different religious groups and manhandling women compared to men. The Constitution of India provides for the enforcement of the Unified Civil Code in India. Pursuant to the vittles of Composition 44 of the Constitution of India, the principles guiding public policy state that it's the duty of the State to prepare a single civil law for all citizens of India, the purpose of which is, is the private law and unified civil law of all communities in India, also known as “ One Nation- One Law ”. This study deals primarily with the Uniform Civil Code and its requirements. This exploration work begins with the preface of the Uniform Civil Code. It also gives the need and desire for invariant civil law. India is a republic and all citizens must be treated inversely under the law.

Judicial Accountability is most important like Judicial independence for justice. There are so many reasons for the lack of accountability in Judicial Lawmaking. Such as the fear of contempt of court, the process of selection of Judges, the procedure of removal of Judges, etc. In India, some steps have been taken by the government to make the Judge more accountable. But the position has not been changed. It is very shocking that the Judges of the higher Court sometimes had not followed even the principle of Natural Justice. From the above backdrop, the present study would like to analyze the reason for the lack of accountability in Judicial Lawmaking as well as to give some remedial measures for minimizing this issue.

The relationship between law and morality has been hotly debated since the resurgence of the scientific study of jurisprudence, but the issue has not yet been resolved and possibly never will be. A man's entire life cannot be governed by the law. The same can be said for morals or ethics. It is stated that morality deals with a person's inner conscience, whereas law deals with their outward conduct. Generally speaking, the goal of law is to have people submit to organise societies will. Society is a dynamic concept. The Requirements of society have changed with the passage of time. Therefore we need to amend the laws. So, in this paper researcher has tried to find out the possible ways to harmonize law and morality. The paper also explains the importance of harmonizing law and morality in the present scenario.

Digital India is the need of the present generation and people are chasing each other in the aspect of money. They are eager to earn money quickly without any efforts to be made in order to get rich but, the bitter truth of the society is that there is no shortcut for success or money that is nowadays presumed to be the condition precedent for success. The Shortest way to success is gambling which is not new, and it is also prevailing in society from the time of Mahabaratha although now the methods are different to do gambling in the form of online platforms. The governing rules, regulations, and legislation were made at the time of British Rule in India for their own benefit, and to date, we are following them blindly now; there is a need for transformation in society in the aspect of Gambling Laws in India. As per the Intermediaries in India, the CERT-IN is the only authority to be able to give directions to intermediaries blocking the sites in India and not the governing websites of Foreign Jurisdiction while giving the order to Intermediaries. The subject matter related to Gambling falls under the State list, which must have to be transferred to the Concurrent List so that uniform legislation is made for the whole of India.

Bankruptcy Laws in India are in very novice stage. The laws have been enacted but has not been implemented so far. Insolvency and bankruptcy code has been a game changer in terms of stressed corporates while the stressed partnership firms or the individuals who have in extraordinary circumstances lost their businesses had been struggling from the harshness of organized or unorganized financial sector. This article will through some light on the historical legal regime of bankruptcy and the need for a change of law in changing times. The article will give a referring point to the reader in the context of the evolution of the legal regime in India.

Testamentary succession Testamentary succession or disposition by wills refers to a case when the deceased leaves behind a will and the devolution of property take place as per his wishes expressed in his will. Intestate succession Intestate succession refers to a case when the deceased person has passed away (a) leaving behind the property for which he has not left succession plan i.e. a will (b) if the bequest of property is for illegal or immoral purposes (Section 127 of the Indian Succession Act, 1925). In such instances, the devolution of property of the deceased happens as per the laws applicable to the succession of the property of the deceased which in India depends upon the religion followed by the deceased at the time of death. In this paper we trying to deal with the legal provision of the Testamentary Provision as the Indian Succession Act and other laws.

Through this extensive research project, we were able to conclude that although attacks and batteries may appear similar, they are two completely different concepts, with the main difference being physical contact. The main elements of the assault were, firstly, the plaintiff's fear of direct physical contact, secondly, the plaintiff's reasonable fear, and thirdly, whether the defendant's sabotage was intentional. The first and foremost element of assault is that the act was committed intentionally. Resulting in, or the threat of, harmful or offensive contact from the other party or athird party, and secondly, if the contact was not authorized by the other party or was obtained with the other party's consent through fraud or extortion; and Third, that contact is otherwise privileged. Defendants have access to certain defenses that some cases have in place, such as self-defense, consent, and legal authority. Tort law is expected to develop more as the people of India become more aware of their rights. Assault is an attempted crime, and the law is intended to prevent possible assault by punishing acts done in a dangerous way to obtain assault. As with most attempted crimes, there is no clear distinction between an attack by a criminal and an action solely aimed at preparing an attack. There must be intent to harm, but if that creates the potential for harm or the danger of a distorted future battery, that's not enough. Instead, the intent should be removed from the immediate danger, the obvious action that endangers the battery. Words and intentions therefore do not become mere attacks.

Nobody should violate the court rule, otherwise faced accusation of breaking the law. Two adults are free to marry and “no third party” has a right to harass or cause harm to them, stated by Chief Justice of India Dipak Misra, speaking against honour killings in India. Honour killing is defined as the killing of a relative, especially a girl, woman and a man perceived to bring dishonour to the family. As per the National Crime Records Bureau, Data 2015 India reported 251 honour killings in 2015, showing a significant rise in killings of people who feel that they are acting in defence of the integrity of their families. The state reported 34 honour killings between 2008 and 2010. There was a rising case of honour killing in India more than 300 cases reported from the last three years. Honour killings have been mostly reported in northern regions of India, mainly in the states of Punjab, Rajasthan, Haryana, and Uttar Pradesh as a result of people marrying without their family’s acceptance, and sometimes for marrying outside their caste or religion. Honour killings are also widespread in South India and the western Indian states of Maharashtra and Gujarat. Here in this article, the author addresses the current situation, developments in law and amendments needed to improve the current scenario? Honour killing is an act of murder by members of the family. This would be the immoral conduct of the members of the family belief in caste and gotras above one’s life. It is done to remove a family member’s dishonour and shame.

Appropriate use of essential medicines is one of the most cost-effective components of modern health care. Proper Health treatment is also part of the Right to Life which is impliedly expressed with the Right to Health under Article 21 of the Indian Constitution. India faces a major challenge in providing access to medicines for its 1.2 billion people by focusing on providing essential medicines. Early in the COVID-19 pandemic, countries across the world went into lockdown. This affected the manufacturing, supply, and distribution of medicines, leading to constraints in the global medicines supply chain. Demand also increased for some medicines used in patients with COVID-19. There is a need to develop strategies to improve affordable access to essential medicines under the current health care System. This research focused on the NPPA rules, WHO report, and Supreme court case analysis. This research also focused on International, National recognition of Right to health and Judicial approaches towards the shortage of medicines during covid-19 period. The research findings confine that at international level, Article 2 of the ECHR, Article 4 of the ACHPR and at National level Article 21 recognised the right to Health. The shortage of medicine during covid 19 period is also realized at international and National community. Hon’ble Supreme Court in In Re: Distribution of Essential Supplies and Services, during Pandemic, pointed out the issues of availability and accessibility of medicines to covid-19 patients in order to reduce the exploitation of the patients.

Defamation is defined as "whoever makes or publishes any imputation concerning any person with the intent to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, by words that are either spoken or intended to be read, by signs, or by visible representation, is said to defame that person," as stated in section 499 of the Indian Penal Code. This paper is an attempt to analyse the various exception of defamation with all the relevant case.

BWS rose as a way of explaining apparently irrational behavior of women who choose to kill rather than leave a man who abuse them. A great need to defend women who have suffered tremendous physical and psychological abuse cannot be ignored. But by confessing and even reinforcing apparent irrationality of their behavior, BWS reinforces incapacity and inferiority in women who invoke it. Present trends indicate that women may suffer as a result of this legal awry. Battered women may be apparent as suffering from a permanent condition which causes them to be untruthful on a witness stand, inadequate in caring for and protecting air children, dangerous to children or oar vulnerable persons in air care, unreliable in protecting a interests of legal clients, and beyond hope of rehabilitation. Additional, Indian jurisprudence on BWS has not progressed beyond a Nallathangal syndrome. Thus is an essential to reflect upon a progress made in our jurisdictions relating to BWS and accordingly initiate a comprehensive discourse on battered women who retaliate and air interaction with a law in India. I propose legislative reformulation of a defence of provocation and self-defence in India. By a BWS, reformulations should focus on undoing a male-orientation of a defence and take into consideration the experiences of battered women who retaliate, and why they retaliate. A reformulation of a defence should be watched from a feminist perspective and take into consideration women’s experiences of violence. From a judicial viewpoint, it is critical to focus on procedural equality and feminist writing of judgments. Focusing on violence and protecting the rights of battered women will contribute significantly to challenging traditional stereotypes that delegitimize experiences of women. This will help ‘ungender’ in Indian Penal Code and authorize a voices of women who are systematically excluded.

Like every mother wants her child to imbibe certain ideals, character for life, our constitution framers also desired certain ideals, character and values for our society. The preamble to the Indian Constitution gives a glimpse of these fundamentals in a nutshell. But except for certain basic characters/structures, with the manoeuvring wheel of time, just like humans even societal behaviour, gets subjected to growth, decay, revival, and accommodation. This phenomenon of social change needs to be accurately tracked by the spirit of constitutionalism, dynamics of Law, Legislation, and judicial interpretations, in order to “secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation”. This journey of bridging the shores of idealism with realism is the basic difference between constitutionalism and the Rule of Law. The present Article attempts to arrest such instrumentalities/consequences of these Social Changes, wherein two modes of this aspect are broadly discussed. First is where “Law brings the change in Society”, meaning thereby, that the law compels societal behaviour to change according to it and the second is where “Society changes the Law” according to time and societal need, legislative wisdom. The study is supplemented with the instances, judicial precedents, and legislations witnessed in recent times. Article also highlights some other factors affecting the need and relationship between Law & Social Change. The study is contemporary in nature and is significant to understand the ramifications of changing societal behaviour vis-a-vis the Rule of Law, its dynamic functioning, and interplay of constitutionalism as a guarding soul of the Basic structure of the Indian Constitution.

In India women have always been treated as subordinate to men. This sub-ordination is due to physical power, status, and authority that the men enjoy. Because of this perception of sub-ordination, she is subjected to violence. The violence happens within the family and beyond the family too. In this research paper, the researcher tries to explore the meaning and definitions of violence against women as per various international instruments. In the next part, he talks about multiple forms of violence and focuses in specific on sexual harassment at the workplace. Further, the researcher poses sexual harassment at the workplace as a problem. He goes on to discuss forms of sexual harassment of women at the workplace and tries to examine its constitutional validity. The researcher also discusses the guidelines laid down by the honorable supreme court in the Vishakha case regarding sexual harassment at the workplace and legislation enacted by the Indian govt. in 2013 in furtherance of it. In the end, the researcher concludes the paper by discussing provisions of some international instruments addressing sexual harassment at the workplace.

Proper administration of justice ensures the rule of law in the society through the court process involved the vital role of the witness to testify. Therefore, it is necessary to make sure the fairness of the witness, free from all sorts of fear and feeling of telling the truth of the case and free from all kinds of biasness, as the fruitful conclusion of the case sometimes entirely depends on the witness’s statement. In the article, it is strived to show and explain the position of the witness in the judicial process, their categories, and above all, a process they are testified through different processes, stages, and examinations with the limitations thereof and the court’s powers and duties to that respect under the conventional and Islamic law. It also aims and intends to enumerate the significance of the statement given by the witness, which paves the way for the ends of justice.

Technology growth has exploded in the previous decade, and along with it, human lifestyles have transformed. Dating is a traditional idea, yet internet dating is prevalent. This article will examine the various angles on internet dating and its ethical responsibilities. The different aspects include the pandemic that impacted nearly everything in the world, how it affected apps and their users, and other risks, legislation, and related cases. The study demonstrates the many aspects consumers frequently overlook, leading them into a blind alley of extortion or harassment. Users must exercise extreme caution, but law enforcement agencies must also concentrate on these newly emerging problems with cutting-edge solutions to create a sense of security and safety among their fellow citizens. In this article, we will cover the information technology act 2000 rules and regulations, money extortion through online dating applications, harassment on the online platform, and everything about online dating applications and their impacts.

The topic may not be justified, but based on data from the last few years, the statement appears to be correct. The article is based on the observation of a shift in the pattern of judgment pronouncement. In 2018, trial courts imposed the death penalty on 162 people, which is higher than the 102 people sentenced to death in 2019. However, the proportion of death penalties imposed for sexual offenses increased in 2019. In 2016, trial courts imposed the death penalty on 150 people, 27 of whom were convicted of murder or sexual offenses. In 2017, the trial court imposed 108 death sentences, 43 of which were for murder and sexual offenses. In 2018 it was 67 out of 162, and in 2019 it was 54 out of 102.

New aspects include the "voluntary perpetuation of cultural identity" and acknowledgment by other groups or the state. It is debatable if the idea of self-identification does not already embrace the concept of cultural distinctiveness. Additionally, it tends to communicate an essentialist view of culture, which underplays the fact that culture is always evolving as a result of both endogenous and exogenous forces. Given the lack of acknowledgment of indigenous rights, it can be difficult to attach much weight to the viewpoint of official institutions, even though the designation of an indigenous community by other communities may be a valid indicator of a group's status. There are still some unanswered issues, such as where to draw the line between indigenous communities, minorities, and peoples. This somewhat reflects the authors' goals when they wrote the African Charter, but it can also be a real challenge for many groups. The scope and effects of FPIC have also not been fully investigated. The concept is still hazy, even if it could be appropriate to separate it from the right to self-determination.

Intellectual Property rights and the law surrounding the same is one of the most crucial within the whole framework. Protection of such rights is a crucial task that the state must undertake to ensure that individual creativity is encouraged and preserved. This paper will mainly be focused on the use of such Patent Law in India as well as around the world within the aviation industry, one which has seen and continues to see huge amounts of development throughout the course of time. With the increasing complexity of aviation technologies, the industry and its ecosystem, innovation in them have become more sophisticated over time. Patent owners began licensing out their inventions to generate new cash streams in order to survive in this competitive climate. Instead of acting as independent inventors with a single patent seeking commercial exploitation, aviation majors now act as integrators. Now one product is a combination of multiple patents. From a single patent to this vast network of patents, the aviation business is only becoming more complex, and the current technology only promises to advance in leaps and bounds in the future. Such an important sector of the industry, really needs to be studied with respect to patent law. The researcher aims to find some development and innovations in the aviation industry which are of significant importance to the legal framework on patent law, the issues which exist with the legal framework on patents and ascertain whether the legal framework on patent law with respect to aviation industry is satisfactory.

With the increasing importance of Labour Jurisprudence, there have been many technological advancements in the Field of Occupational Health and Safety, which are very crucial for risk management and prevention of industrial hazards. The aim of this paper is high light such Technological advancements and highlight the Importance of such advancement. Also, to Suggest how small-scale industries benefit from these advancements.

Crime is not an act against humankind but against the very nature of the universe. Cyber Crime is a new, apparently prominent offence against the law done by (a) a Computer as a Target, & (b) Computer as a Weapon. The Research Paper plans to study the computer as a weapon used for crimes against women like Revenge Pornography, Slut Shaming, etc. Cyber Crime against women is initiated due to the failure to control own biological lust. They are initiated by transgression in the biology of humans, along with lust steered up by the web. Electronic computers in cyberspace are the foundation for stimulating crime. Been committed against both sexes, but mainly target is Women and Girls, targeting them as objects of sexuality. The paper revolves around the question of reasons for cybercrime pertaining to complexity& negligence alongside the landmark case of Ritu Kohli along with statistics from the Association for Progressive Communication Reports, 2014. The author also discusses the legislative enactments in regard to the Indecent Representation of Women Prohibition Act, 1986, Indian Penal Code, 1860. Information Technology Act, 2000 along with disadvantages under the same act. The author also discusses the rationales as to why cybercrime goes unpunished &comparative study of different countries like India, Canada, the United States, Estonia, Spain, Mexico, and Australia. Revenge Porn has been criminalized in Alaska, California, Idaho, and New Jersey. Then the paper materializes the demographic variables of Cyber Sex leading to the conclusion and prevention of same with the support of APC Reports and legal awareness to Women by teaching acceptable use of the internet w/o shutting down communication channels along with schemes rolled up by the Ministry of Home Affairs like Cyber Dost and Cyber Crime Prevention against Women and Children scheme.

In many parts of the world, women face laws or the nonattendance of law, which make it troublesome and now and again hazardous for them to seek equity when they have been the casualties of rape or aggressive behaviour at home. A few laws characterise assault as wrongdoing against respect or custom instead of wrongdoing against the physical honesty of the casualty, and in this manner, downplay its reality. At times, the law permits culprits to escape discipline on the off chance that they consent to wed their casualty. In different settings, the law may require a casualty to create over-the-top validating proof to substantiate her case, with clear obstacle impact, or courts incorporating those in Pakistan may permit unimportant confirmation of women’s past sexual movement to be confessed to demonstrate that she is of "by and large indecent character" and undermine the reality of her case. Furthermore, over the world, laws have excluded assault in marriage from criminal authorisation. Numerous nations have neglected to address the issue of brutality by police, military gatekeepers, and jail staff against women in authority and different types of detainments genuinely. In the United States, for instance, various states presently can't seem to sanction enactment criminalising such sexual wrongdoing in detainment facilities by gatekeepers and other staff.

Crime has a significant impact on a lot of victims. People who experience harm, whether it be physical, social, or financial, should have access to justice. The impact of crime on victims has recently taken focus away from criminal law jurisdiction, and it has been concluded that victims should be treated empathetically and that their fundamental rights must be upheld. Today victimology is a new area of criminology that focuses on understanding the viewpoint of victims. Protecting crime victims is a significant source of concern because conditions are not improving globally. Simple compensation aims to make up for what would otherwise be considered unlawful injuries to people or their property. It has been mentioned in accordance with several sections of the Motor Vehicle Act of 1988, The Rehabilitation of Offenders Act, and the Code of Criminal Procedure. Understanding the victims' point of view, the necessity of victim compensation, Indian regulations and statutes, and the judicial trend around victim compensation are the main topics of this essay.

The current case commentary deals with ADM Jabalpur, one of the most horrifying judgements in Indian history. The case commentary is structured right from the Historical Background and facts of the case, which deals with how the case originated from that of Indira Gandhi vs Raj Narain and the Maintenance of Internal Security Act. The paper critically analyses how the judgement is flawed as it takes away the fundamental rights of the citizens, right from Articles 14, 19, 21 and 22. Citizens were not allowed file a Writ Petition to the Court under Article 226 and the entire reasoning for the same was illogical. Moreover, on various other things, right from their interpretation of the Makhan Singh case to that on the issue of Mala-fides and why the rights of citizens should be taken away, the Court’s reasoning is extremely flawed. The paper however agrees with Justice Khanna’s dissent and the way he interpretated the law correctly. A brief aftermath and conclusion include how the horrendous decision was overturned, the 44th Amendment was brought it and concluded on how till date, this judgement deems to be terrifying as the rule of law was completely ignored.

The paper, by briefly analyzing the case study of Palestine, attempts to establish that the intervention of ICC, as a Court of last resort that employs the ideals of impartiality and judicial autonomy, was and continues to be a legal necessity in the war-torn Palestine region ill-equipped with required judicial measures and a lack of political will. The paper also attempts to answer whether, in light of the criticism, the presence of ICC in the Palestine continent overweighs its absence in the region and will proceed to shed some light on the peace versus justice debate and its appropriateness in the given context. The purpose of the study is to critically examine such arguments and challenge their validity in light of the impartial operation of the ICC. The study provides a historical overview of the ICC's relationships with Palestine. It then aims to identify the justifications advanced by various parties for the ICC's perceived bias against Palestine and seeks to assess whether these justifications are valid objectively. The methodology adopted for the present study is doctrinal and critical inquiry. The researcher has also taken recourse to various primary and secondary sources such as Case laws, Books on particular subject matter, Peer/blind reviewed journal articles, Reports of various Palestinen Commissions, News articles etc. have been used in order to study, analyze and to identify various issues, criticisms and problems that pertain to this area of interest. The case laws and a bunch of articles have been referred to in order to understand ICC’s response to such claims and criticisms.

ohn Stuart Blackie says; “A man may be as brilliant, as clever, as strong and as broad as you please and with all these, if he is not good, he may be a paltry fellow and even the sublime which he seeks to reach in his most splendid achievements is only a brilliant sort of badness. One thing is needful; money is not needful; power is not needful; even health is not needful, but character alone – a thoroughly cultivated will – is that which can truly save us.” Character is vital in all professions and walks of life, and in the legal profession particularly, the maintenance of the honesty of the lawyer is a matter of the first importance. The most worthy and effective advertisement possible for a young lawyer, especially with his brother’s lawyers, is the establishment of a well-merited reputation for professional capacity and fidelity to trust. To me, an advocate without character is like a ship without a rudder. As Lord Jeffrey puts it, “A good name, like good will, is got by many actions and lost by one.” Also, as said by Mahatma Gandhi, “A ‘No’ uttered from deepest conviction is better and greater than a ‘Yes’ merely uttered to please, or what is worse, to avoid trouble.” Hence, character is the essential component of ethics and is something which every advocate must develop and exercise in their daily lifestyle. As Judge Donovan points out, “the foundation of a lawyer’s fortune is character… …..out of sight, yet never out of mind and never out of hearing……character grows from every transaction, little & large.”

The paper is concerned with the powers and functions of criminal Courts, as provided under Chapter III of the Code of Criminal Procedure, 1973. In dispensing justice, Courts need to exercise power conferred on to them in a just and equitable manner, with no scope for arbitrary use of power. In order to ensure the same, we intend to approach and evaluate such powers (Ashworth, 2006). They’re in-depth nature, and the practice followed over the years with regard to such powers.

The Responsibility to Protect (R2P) norm is a rule that was propounded based on established principles of international law. The several horrible violent conflicts at the end of the twentieth century, which led to unspeakable human rights atrocities and innocent civilians being killed, made clear that the international community should act. The objective of the research is to provide comparative strategies for the maintenance of peace and security in Kosovo, Chechenia, Libya, and Syria. The purpose is to understand the situations of regional security and veto power nations regarding R2P, unearth challenges and highlight some of the success stories. The existing research shall be doctrinal research and limited to the aforesaid states.

The learning goals of this research paper are to get an overview of the Juvenile Justice Act of 2015, which has specific rules about what to do with kids who break the law. This research paper aims to help you meet your learning goals, and this is both children who those accused of breaking the law and those who were guilty. Also in this group are children who have been found guilty of breaking the law. The other goal of this paper is to help readers understand why a separate criminal justice system for teens and young adults needs to be different from the system for adults. This study aims to do three main things. The third goal is to help people understand what happens when kids are suspected of breaking the law. Institutional and non-institutional ways exist to help kids who may have broken the rule. Providing adequate care, protection, development, treatment, social reintegration and facilitating the proper care and safety of children alleged to be in conflict with law and children in need of care and protection by adopting a child-friendly approach to cater to their basic needs. In 1992, the United Nations General Assembly adopted the Convention on the Rights of the Child, which India ratified on December 11 1992.

The purpose of the research is to identify the general principal of Right to equality. And it is one our fundamental right. But there are some hidden points which are needed to explain & this research project highlighted those points and exceptions which are admissible by our Indian constitution.

Land dispute is a rampant and perennial problem in Cameroon. The State has put in place many institutional measures to address the land disputes but the problem is still prevalent between women and men; government officials and the community; intercommunity; individuals and the community just to mention a few. Using qualitative research methodology and content analysis in analyzing the existing problem and the functioning of the institutional measures, it is discovered that the institutions put in place to resolve the land disputes are facing numerous challenges that hinders their effective role in resolving land disputes. The ineffectiveness of the institutions in resolving land disputes has greatly affected peace in the affected communities and the country as a whole given the fact that there is great scrabble for land since it plays a very vital role in human sustenance. Hence, the state needs to adopt a holistic approach whereby the legal, institutional measures as well as traditional authorities should collaboratively ensure that the country enjoys peace on issues relating to land.

Radioactive waste is created by any nuclear fuel cycle operation that creates or utilises radioactive materials. Nuclear waste is distinct due to the handling of radiation-emitting radioactive material, which is a source of concern. In great part, public confidence in the safe handling of radioactive wastes determines whether or not nuclear energy is accepted by the public. Comparing nuclear waste to other toxic industrial pollutants, not all nuclear wastes are as dangerous or as challenging to manage. The full spectrum of operations involved in managing these wastes includes handling, treatment, conditioning, transport, storage, and disposal. In addition to guaranteeing the greatest degree of safety in the management of radioactive waste, current technical advancements in India enable the recovery of valuable radionuclides from radioactive waste for societal purposes. The issue of how to handle radioactive wastes gives a straightforward choice between keeping the wastes under control and unleashing them. But as is widely known, it is extremely difficult to exercise this seemingly straightforward option since every choice has far-reaching effects, whether they be social, economic, or otherwise.

Juvenile committing crimes is a serious offence and it is detrimental for the social order in any country. There is a recent increase in trend of juvenile crimes world-wide, with more and more involvement of the youth in violent crimes. India shows similar trends of increasing rate of violent crimes committed by the juveniles. It is a very serious issue in front of the nation and need of strong solutions to end the problem. Indian legal system and judiciary has responded to these trends and has brought some amendments in the laws pertaining to juvenile justice in India. The analysis of statistical data available at official sites indicates increasing involvement of the juveniles in heinous crimes. To contain the problem of juvenile crime in India, the Act has been amended and now trial of juveniles involved in heinous crimes is held as adults.

The vicarious liability arises when someone is held liable for the acts or omissions of another person is known as vicarious liability. This research presents an overview of what vicarious liability is, and it explains the different essential conditions to establish to hold one liable under vicarious liability. It explains the various terms and the different kinds of relationships. It is very a crucial element that comes under Tort. We are discussing vicarious liability and how it arrives, and when what the procedure is to determine the liability.

Without the grant of legal status to same-sex marriages in India, much has been left unsaid for other civil liberties that come with marital status. This paper breaks down the current legal frameworks supporting the institution of Marriage and Family laws in India. It presents the need for reform and analyses the roadblocks to such changes in legislative structures. While also marking the scope and grounds of inclusivity, the paper presents possible paths to reform. It further notes how these laws (or lack thereof) impact realms of civil liberties and other legal provisions such as regulation of inheritance and succession for such couples.

Technological advancement has revolutionised the entertainment industry. Where television and movie theatres were the norm, today audiences much prefer Over The Top platforms like Amazon Prime and Hotstar that allow them to enjoy the same and additional content available in the comfort of their homes. Even when Covid-19 pandemic adversely affected business in the service sector, the popularity of the OTT medium soared with its easy accessibility and unique global content. This however does not mean that the transition from traditional media to OTT has been as smooth as it has been fast paced. Given its distinctive structure, OTT content has escaped various censorship norms and this has led to numerous controversies relating to the nature of content displayed. Consequently, the judiciary has tried to bridge the gap through judgements, content providers have committed to self-regulation codes and recently the government passed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Despite this, regulation of OTT platforms continues to be a hotly debated topic as these steps are not the conclusion, rather they are the first steps towards the making of a codified legislation competent in dealing with the unique challenges posed by this medium.

This research paper will analyze the subject “The supreme court is the final interpreter of Indian constitution” This paper will be dealing with different constitutional provisions which makes the Supreme Court the final interpreter of Indian constitution. The research paper will also consider the different opinions of the different scholar’s and their interpretation on the Supreme court of India. The research paper will also draw attention towards the controversy or criticism that comes in the way of the Supreme court while interpreting the provisions of the Indian constitution. Ultimately the research paper will try to cover all the possible aspects which would give justice to the topic “The supreme court is the final interpreter of the Indian constitution”. With due respect to each and every opinion mentioned in the paper the aim is to brief about every aspect involved with this respectfully topic.

All civilised countries recognise and agree that torture is illegal and a crime against humanity. It now forms a part of international customary law. India is a signatory to the Convention against Torture, however it has not yet passed any local legislation to safeguard and prohibit the use of torture against its citizens. Dehumanizing jail conditions in India, torture committed by guards, and torture committed by police are all topics covered in this paper. Recent events have shown that the lack of a legislation against torture has made it more difficult to extradite criminals from other countries. There is a thorough examination of the global viewpoint and a comparative analysis of numerous jurisdictions where the ban on torture is already a part of local legislation. Additionally, it covers the Indian Supreme Court's stance on torture. The purpose of this study is to highlight the relevance and urgency of India's anti-torture legislation. The rule against torture is a crucial prerequisite for upholding the constitutional culture, which is primarily intended to protect people's rights to dignity. The prohibition against torture must be a part of domestic law, according to international standards. Last but not least, the conclusion and recommendations made in the paper make it clear that the paper supports separate legislation on torture.

Systematic Financial frauds are widely regarded as white-collar crimes that not only affect the general society but also have a negative impact on the economy. White-collar crimes are non-violent crimes that are carried out for personal financial gains. In most cases financial frauds involve misappropriation or manipulation of public funds for the financial gains of fraudsters. What is surprising is that with the evolution of technology these frauds have only increased. India as a country has seen many big online financial frauds over the years. The fraudsters commit such crimes online hiding behind the anonymity that the Internet offers. Even though it is not easy to give an exhaustive definition to the term financial frauds it can be regarded as the intentional act of deception that involves financial transactions. However when such an act is carried out online with the help of technology it is knows as online financial frauds. Some examples of online financial frauds include KYC frauds, Identity Frauds etc. Nevertheless steps have been taken by the legislators to hold these fraudsters accountable and to ensure that the online financial frauds are reduced in number. The legislative framework that helps in the same includes the Information Technology Act, 2000 and Indian Penal Code, 1860. The above has been discussed in detail in the subsequent parts of the paper.

The goal of this paper is to research empirically the role of social media in consumers' decision-making processes. A quantitative survey investigates up to what degree experiences are altered by the use of social media. Customer sentiments on items and administrations are currently progressively overwhelmed by outsiders in advanced spaces, which thusly impact conclusions in the disconnected space. Web-based social networking has engaged purchasers, as advertisers have no control over the substance, timing, or recurrence of online discussions among shoppers. Results show that social media usage influences consumer satisfaction in the stages of information search and alternative evaluation, with satisfaction getting amplified as the consumer moves along the process towards the final purchase decision and post-purchase evaluation.

Competition Commission is the market regulator responsible for the implementation of the Competition Act 2002, whose objective is to ensure that the market forces operate with transparency and fair play. It has several functions. It is primarily a regulatory body and keeps an eye on the activities which hamper or may hamper competition in the market and can inquire into such matters which are like activities enumerated under sections 3 (anti-competitive agreement), 4 (abuse of dominant position), & 5 ( combinations). Under Section 18 Competition Commission must implement the objectives of the Act enumerated under the Preamble of the Act. Hence it can be said that the Competition Commission is invested in inquisitorial, adjudicatory, and advisory jurisdictions as well in certain matters. Competition Commission has a power of inquiry under sections 19 & 20 in the matter of Sections 3, 4 & 5 respectively of the Act; however Central Government may appoint a director general for assisting Commission in an inquiry under section 16. Thereby, the Director General only can assist in inquiry and has no power to inquire similarly Director General is invested with the power of investigation and the commission has no power to investigate. Both are administrative functions and go simultaneously. Firstly Commission inquires whether there is a prima facie case and if it opines that yes there exists a prima facie case then it may direct Director General to investigate the matter and submit its report, (Under regulation 18 of the General Regulation 2009 it is provided that direction of investigation to Director general is deemed to be the commencement of inquiry u/s 26 of the Act.) and based on this report and other information submitted by informants the commission disposes of the case. This paper analyses various provisions of law that concern inquiry, investigation and admissibility of evidence under the Competition Act of 2002.

Memorandum of Association and Articles of Association are very important documents. They help the owners to run the company with ease and help in streamlining the business. While one handles the relations of the company with the outsiders such as creditors and other stakeholders, the other regulates internal management. However, articles have always been subordinate to the memorandum. The fact that articles are to be framed in consonance with the five clauses of the memorandum exactly validates this point. Additionally, unlike Articles of Association, the memorandum must be compulsorily registered at the time of incorporation. Since establishing a company is no cakewalk, the entrepreneurs wishing to start a new company must keep all the intricate details in mind and form the MOA and AOA. Companies in India should have both AOA and MOA as they guide the company on various matters. They also aid the company in management; therefore, it should be drafted diligently in such a way that they provide flexibility to the company to expand further. Memorandums and Articles are to be maintained by them as they guide the company on various matters. They also help in the proper management and functioning of the company throughout its life. That is why every company is required to have its own memorandum and articles. Hence, they are indispensable for any private or public limited company.

In the domain of legitimate hypothesis, assigned regulation is one of the most begging to be proven wrong issues as a result of Its different ramifications. Indian vote based system is said to lay on the acclaimed four points of support, and these are the lawmaking body, the chief, the legal executive, and the press. The Constitution enables these support points not to meddle in the frame of mind of others. According to the Constitution, the regulative has Official powers, and the Leader have the ability to execute the regulations. Additionally, the Legal executive has the ability to determine debate and to meet equity. However, we need to remember that there are diverse capabilities that must be performed by the Governing body in government assistance states, and it is not a simple assignment for the council to take care of each and every matter. Rather than this rising administrative action, the assemblies can't view sufficient time to administer each moment detail. They have restricted themselves to strategy matters and have passed on an enormous volume of regions to the Leader to make rules to complete the reasons for the Assembly. In such sorts of circumstances, the arrangement of appointed regulation strikes a chord. Thusly, the requirement for assignment is fundamental and is looked to be legitimate on the ground of Adaptability, versatility and speed. This appointment is otherwise called “secondary legislation‟ or "Subordinate legislation‟. The Demonstration that provides the chief with the ability to enact is known as the "Empowering Statute‟ or "Parent Act‟. The norm of the rule of the larger part has made definitive Controls lacking. The term assigned regulation is difficult to describe.

In an uncertain environment, urbanization is an inexorable force. Currently, 50% of the world's population lives in cities, 22% in the top 600 cities, and 75% in emerging economies. Since the beginning of urbanization, several types of smart cities have emerged and flourished, each facing distinct obstacles and taking different approaches. A smart city is defined as one that employs information and communication technology to improve its liveability, workability, and sustainability. In industrialized nations, the use of existing infrastructure through an IT platform, including sustainable development, is being implemented. while in India, the smart cities project will have to focus on meeting fundamental requirements using IT-enabled solutions, as many towns lack basic infrastructure, an institutional framework, and proper administration. And also because of the emergence of smart cities, the Urban informal worker organizations are growing in size, power, and unity in response, and they are calling for more inclusive urban policies and practices to support their livelihoods. Some of these organizations have worked together over the past year or so to include a focus on informal livelihoods in the policy discussions leading up to and at the Habitat III summit as well as in the New Urban Agenda document that will be adopted at that summit, with assistance from the WIEGO Network. The emergence of these smart cities, is stoking an increase in on-demand jobs through digital platforms (Uber, Helpingo, Deliveroo, etc.). Because these platforms work better as population density grows, the majority of activities centered on these new sorts of employment take place in metropolitan areas. The question then becomes, what about the folks who work in the informal sectors? The informal sector, often known as the grey economy, is the portion of the economy that is not taxed or controlled by any official authority. The informal sector, unlike the formal economy, does not contribute to a country's gross national product or gross domestic product. . The informal sector might be compared to a labour grey market. How the development affects the informal sector. What effect has this had on the workers who are employed in the informal sector? What effect has it had due to covid? All these questions will be dealt with in a detailed manner, as their position in law is also seen.

The necessity for a uniform civil code occasionally surfaced in some circles. The obligation to achieve a consistent civil code for Indian people is outlined in Article 44 of the Indian Constitution. In June 2016, the Union Government requested the Law Commission of India to look at issues pertaining to a uniform civil code. On August 31, 2018, the Law Commission released its findings on the subject as a Consultation Paper on the Reform of Family Law. This study work has thoroughly examined a number of the elements of the real problem. The research is broken down into the following sections: Constitutional Contours, Views of the Constitution’s Framers, Judicial Approach, Stand of the Government, Law Commission Report and Concluding Observation and Suggestion.

A significant population in India belongs to the LGBTQ Community which still lacks popular acceptance and equal status like the heterosexual community. The pace of development in this particular area is too slow and at times stagnant. The recent case of Adila V. Police Commissioner of Kerala would probably be the latest such incident. Even as it is a noteworthy judgment, it has done nothing new. This paper analyzed the need for giving adoption rights to persons belonging to LGBTQ Communities by referring to multiple research papers and articles that talked about the same. It was observed that despite the much praised judgment in Navtej Singh Johar V. Union of India not much has been done in this field of law. This community still lacks civil rights. There is also a need for much empirical studies on this too.

Disability is a condition in which a person is limited to conducting daily activities. Indian Constitution has declared India as a welfare state and secures to citizens including disabled, right of justice, freedom of speech & expression, worship, equal status & opportunity. Article 15(1) & 15(2) of the Constitution states that the state & government cannot discriminate against any citizen of India including disabled people on the basis of caste, race, religion or on the basis of any disability. According to 2011 census in India 2.68 Crores persons are disabled (8 types of disability)which constitute 2.21% of the total population of India. Majority are present in the rural areas i.e. 69%. Various Human right Conventions also make it obligatory on the States to take effective steps to protect human rights of every section of the society. In order to fulfill the obligations under these Conventions, certain legislations have been passed by the Indian parliament. These legislations provide certain rights and concessions to the persons with disability. The annual observance of 3 December as the International Day of Disabled Persons was proclaimed in a UN General Assembly Resolution on 14 October, 1992. Through this paper an attempt has been made to bring legal and constitutional of differently abled persons as well as the nature of disability acts for the protection of their rights and its progress thru judiciary.

This paper focuses on Law of the Sea matters and talks about maritime disputes in the South China Sea and how the first world countries have more power over the third world countries and are more dominant when it comes to maritime interests. It also raises the issue on the fact that the countries who aren’t a party to this convention take undue advantage of it.

Consensus ad Idem is a clause that is thought to be absolutely necessary for the creation of a legally binding contract. Its literal meaning is the meeting of the minds. Latin proverb consensus ad idem is short for "agreement." It justifies the consent of both parties during the contract's establishment. If there is consent from only one side, the contract becomes either void or voidable as it is performed under several partially influenced circumstances. Undue influence applies to a contract wherein one party has the upper hand and is in control of the performance of the contract. Contracts can also go wrong under mistake, fraud, misrepresentation, and coercion. Such contracts cannot be performed as both parties did not come to a mutual understanding ab initio. In this study, a clear analysis of the concept of partial voidability and absolute voidability, along with a contract involving consensus ad idem, is critically elucidated. The study analyses how a contract becomes voidable and loses its validity on account of consensus ad idem, as well as the importance of free consent in a valid agreement.

Forensic science, the application of the methods of the natural and physical sciences to matters of criminal and civil law. Forensic science can be involved not only in investigation and prosecution of crimes such as rape, murder, and drug trafficking but also in matters in which a crime has not been committed but in which someone is charged with a civil wrong, such as wilful pollution of air or water or causing industrial injuries. It is derived from the latin word “forensis” which means before the forum which is twisted and crooked. It is a scientific methods of solving crimes, involving examining the objects or substances thatare involved in the crime and law is considered as an arts and science and all the subjects in the world which each and everyone is trying to study.