Issue Archive · Open Access
Volume VI – Issue I / 2023
Articles · 198
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Economic Prospects for Women in Zanzibar: Growth Impacts
Doctor at Faculty of Law and Shariah, Zanzibar University, ZanzibarPages 01 - 30Women prospects in Zanzibar still require assistance in gaining critical technical knowledge of irrigation, animal husbandry, fertilizer use, breeding, pest and disease control, as many women engaged themselves in these activities. In the fisheries sub-sector, there should be a greater focus on commercialization, effective value-chain development through clustering and ensuring fish stock meet export demand. Despite the government helping entrepreneurs in providing education, marketing and promoting economy and poverty reduction, women still need progressing efforts to increase capacity in economic growth. Moreover, employment is a critical factor in women’s economic development. Skills and other training, including creativity in using the resources available in a particular area gradually, are still insufficient in helping women to increase their economic gain. The Policy for Entrepreneurs and Small Business, Manifesto of Revolutionary party 2020/2025, on empowerment policy examines that most women in Zanzibar are searching for capital in different financial institutions in which, in most cases, they fail to repay back money and fail to pay the loan due to unlimited uses of the capital in daily life. Most women engage in many activities to uphold their life, including micro and small business expenses such as mammal she, restaurants, and second hands selling. However, in most cases, the women suffer in progressing. The aim is to examine the economic development of women in Zanzibar and the extent of the growth impact. The exploring methodology is used in reaching the conclusion.1,474 views -
Tutoring Machine Learning Algorithms in an Artificially Intelligent Environment: A Futuristic Approach for the Energy Sector
Assistant Professor of Law at the University of Petroleum and Energy Studies, Dehradun, IndiaPages 31 - 53In the realm of algorithms, Machine Learning is the epicenter of intelligent transactions. There are multiple approaches and kinds of algorithms, however in the legality of machine learning algorithms have emerged as a conundrum for regulators because of the way in which they ‘behave’ in artificially intelligent ambience. Issues concerning their structure, ownership, accountability mark a grey area for research and reflection. The first part of this paper aims to explain various approaches and supervision of algorithms. This is the quintessential first step to decide the accountability of algorithms. Second part addresses case studies and issues concerning algorithms and energy sector. India is undergoing a pragmatic shift of energy efficiency and sustainable development. It necessitates an in- depth look into the various instances which have been judicially decided, such that the policy makers can adapt respectively. The third part of this paper is a policy perspective on this issue, specifically to the energy sector in India. Fourth part deals with a comparative study between India and European Union for a futuristic analysis. Lastly, the paper deals with solutions for policy makers and regulators for an energy efficient India.1,085 views -
Realization of Human Dignity under the Constitution of India: An Analysis
Assistant Professor of Law at the University of Petroleum and Energy Studies, Dehradun, IndiaPages 54 - 92Human dignity is an ethereal concept. Its intrinsic meaning has been left to the intuitive understanding. It is claimed that it is an abstract concept, allowing flexibility of implementation. However, the precise concept of human dignity is not clearly defined in international and national legal documents. This has facilitated an overlapping consensus on these rights. However, it is expected that the fate of human dignity in the modern world is enlightened by the process of social learning. It is inherent in current socio-legal issues like clinical trial, internet vigilance, surrogacy, abortion, euthanasia, UID card scheme, LGBT rights and maintenance to name a few. However, these issues are universal and the underlying issue pertains to dignity of an individual. The Constitutions of various countries like India, Canada, Israel and Germany and exhibit a cross-cultural vision of demands and possibilities of moral nature, a vision that has universal validity. The application of this concept gets restricted to facts of each case, despite a common thread of ideas running across the legal documents and Constitutional regime. The theme of this research project is to find out answers for a clearer version of human dignity in the light of judicial interpretation in the abovementioned jurisdictions.1,357 views -
Problems with India’s Understanding of Literacy
Student at Ashoka University, IndiaPages 93 - 96The paper aims to examine the issue of literacy in the Indian education system and its impact on critical thinking and human development. Through an analysis of existing literature and data, it is found that the Indian education system places excessive emphasis on certain forms of literacies, such as reading and writing, while neglecting the importance of comprehension. This narrow definition of literacy hinders the development of critical thinking skills and limits people's ability to fully realize their potential. One way of resolving this problem is by expanding the definition of literacy to include critical thinking skills. The development of critical thinking skills would lead to a broader understanding of the world and would enable individuals to better understand and engage with their surroundings, leading to more informed and empowered citizens.1,231 views -
Concept of Investment Arbitration and Legal Framework for Regulating it in Australia
Assistant Professor at NUSRL, Ranchi, IndiaPages 97 - 102Investment Law is an important part of Public International Law. This branch requires actors who are both sovereign states and individuals. States look up to investments as important enticements for strengthening their economic status. But at the same time, states being sovereigns are also required to exercise their regulatory powers. The legal framework for regulating foreign investments exists under municipal legal systems. It falls within the domain of State laws. By implementing domestic laws for regulating foreign investment, States exercise their sovereign powers. The approach of states is different for Foreign Investments as compared to foreign investments. These laws implemented by States are based on international conventions like the Washington Convention (ICSID Convention) and New York Convention and United Nations Convention on International Trade Law (UNCITRAL). Investment Arbitration is a mechanism to resolve disputes between investors and states. International conventions and institutions are means to administer Investment Arbitration. In this field, there is a number of significant aspects like the agreement upon which arbitration would be based, consent on the part of the state and individual investor, the institution to administer, the finality of the award, and challenges to enforcement. In this paper, the author will try to analyze the concept of investment arbitration and the legal framework in Australia highlighting the main provisions for the regulation of foreign investment.994 views -
The author has covered the ILO's role, duties, and India's contribution to the ILO in this article. There is a certain division in opinions regarding the impacts of such links on employment, despite the fact that the WTO is not directly involved in the monitoring of international labour standards and that there is no explicit link between the two. The relationship has faced opposition from many nations, especially India. The worker organisations in India really aren't pleased with the current labour standards; on a global scale, they have adopted a position against any connection between both the ILO and WTO, but they still fight for better labour standards on a national level.1,217 views
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The Need for Gender Neutrality in Provisions Relating to Rape
Student at Government Law College, Thiruvanathapuram, IndiaPages 108 - 110The definition of gender and its various types other than the conventional one might be one of the most pondered questions of the 21st century. According to the World Health Organization gender is defined as ‘ the characteristics of women, men, girls and boys that are socially constructed including norms, behaviours, and roles associated with a particular gender. Although understood together, gender is different from sex as the latter is just the physical characteristics of the person while the former is the complex inter-relationship between physical or body features, identity or the internal experience of gender and lastly the social gender or the way by which a person communicates one’s gender to others through the way of clothing, hairstyles and other mannerisms. Assignment of certain characteristics that are socially perceived for a gender gives rise to the ideas of gender roles. Commonly male and female gender roles are created by society and are attributed to certain features. Among many, the characteristic feature of a female is to be vulnerable or weak and to be protected and males are supposed to not be vulnerable on the core can be alleged to be the basis of the law relating to rape when it tends to protect the weak against the wrong.1,035 views -
General and Special Damages for the Breach of Contract
student in IndiaPages 111 - 116This research paper will explain how special and general damages play a role when there is a breach of contract. A contract is a two-party agreement that generates mutual legal responsibilities. It can be either be written or oral. When one of the parties fails to perform the contract as agreed, there is a breach of contract. Thus, breach of contract happens when parties fail to follow their legal agreements. For example, failing to deliver a product on time, failing to pay on time, or failing to meet contractual obligations. When a contract has been breached, compensation can be claimed. Damages are defined in contract law as an amount of money given to the innocent party as compensation for a violation of contract.1,454 views -
Dowry & Dowry Death: In India
Student of Thakur Ramnarayan College of Law, Mumbai, IndiaPages 117 - 128Dowry deaths, also known as bride burnings, continue to be a significant and disturbing issue in India. Despite being illegal, the practice of dowry, in which a bride's family pays a sum of money or gifts to the groom or his family, remains widespread in certain parts of the country. Dowry deaths occur when a woman is killed or subjected to violence due to the failure of her family to meet the dowry demands of the groom's family. These deaths are often disguised as accidents or suicides, making it difficult to accurately track and address the issue. The consequences of dowry deaths are devastating, not only for the victims and their families, but also for society as a whole. These deaths not only rob women of their lives and dignity, but also perpetuate harmful cultural norms and gender discrimination. The pressure to meet dowry demands can also lead to financial strain and abuse for both the bride and her family. There are various factors that contribute to the persistence of dowry deaths in India, including cultural traditions, the low status of women, and the economic incentives for the groom's family. Efforts to address this issue have included stricter laws and enforcement, education and awareness campaigns, and support for survivors and their families. However, much more needs to be done to truly tackle this problem. In conclusion, dowry deaths are a tragic and pervasive issue in India that requires urgent attention and action. While progress has been made, more must be done to address the root causes of this issue and provide support and justice for the victims and their families. It is crucial that society as a whole works to dismantle harmful cultural practices and promote gender equality in order to combat this devastating and preventable issue.1,380 views -
Polluter Pay Principle
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 129 - 136Every coin has two sides to it. The benefits and drawbacks of the industrial revolution are similar. On the one hand, the Industrial Revolution has significantly improved people's lives in the twenty-first century. However, the industrial revolution has sadly resulted in industrial pollution. Technology has advanced significantly, and manufactured goods have largely supplanted the obsolete ones. The by-products are a necessary component of manufacturing. Therefore, the "polluter pays principle" and the "precautionary principle" are constitutional duties to stop environmental deterioration. As a result, it makes sense for a citizen to be familiar with the fundamentals of environmental law. The effects of the industrial accident are allegedly still being felt in some circumstances. Consider the Bhopal Gas Leak incident as an example. Cancer, growth retardation, and vertigo are still caused by the pollutants that seeped into the groundwater years ago. not to mention the immediate consequences of the breach. Within a few days, the lethal methyl isocyanate that floated into the dormant metropolis had killed hundreds of people. Past events like this make it even more necessary to establish rules for reducing pollution's consequences. High levels of pollution released by the car raise the issue of who will be responsible for the pollutants released—the manufacturer or the owner. This article explains the 'polluter pays' principle's reach and application.1,289 views -
The Myth of Ashoka
Student at NMIMS Kirit P. Mehta School of Law, IndiaPages 137 - 149Ashoka is one of the most famous Indian Emperors. In this research paper, the researcher tries to analyse the character of Ashoka, as created and shaped by the modern mainstream media and compare the same with the historical Ashoka. The researcher has taken up three hypotheses, to be proved. Through the first hypothesis, the researcher tries to prove how Ashoka, in reality, was not as he is portrayed today and that Ashoka, even after promoting religious tolerance, engaged in violence in the name of religion. Through the second hypothesis, the researcher tries to prove the propaganda that Ashoka created regarding him and the propaganda that has been created since after him. Ashoka greatly cared about his image among his subjects and he left no stones unturned to create an image of a peaceful, discipline and moral King. In the third hypothesis, the researcher tries to debunk the myth of Ashoka’s conversion and tries to prove that the popular narrative as to how Ashoka experienced a sudden change of heart after the Kalinga War is false and that Ashoka was actually a Buddhist since before the war and the fact that whether he was a Buddhist prior to the War or after the War, would have had no effect on his decision to start the Kalinga War.1,729 views -
Pages 150 - 163The article flags the requirement for a developed hypothetical investigation of ecological issues in International Relations studies. It instates "Greening" the Critical Theory of International Relations with basic ideas from different sciences. Consequently, it proposes the extent of the Critical Theory of IR be extended to cover the relations between power and capital, yet the relations of force capital-nature. It shows normal focuses between the Critical Theory of IR and the ideas of world-biology and the CapitalOne by Jason W. Moore and proposes changing some establishing definitions that the Critical Theory of IR depends on. This incorporates re-conceptualizing the scrutinizing of private enterprise as an approach to getting sorted out nature, yet additionally removing oneself from the Cartesian division of Society + Nature, which is a deterrent to appropriately remembering ecological issues for IR research.1,008 views
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Copyright Infringement in the Entertainment Sector: An Indirect Liability for the Film Makers
Student at Tamil Nadu National Law University, IndiaPages 164 - 171The controversies associated to copyright infringement in the entertainment sector is endless and this in turn takes a toll on the directors as it poses an unsaid obligation on the film maker to ensure that the movie does not violate the copyright laws. Copyright subsists in work and not in mere idea or formulation of thoughts which leads to several complexities. In India mainly, the informal discussions and casual conversations among the movie team might as well result in the reproduction of this work since there was no concrete work established by the author regarding the same. The authors fear of being exploited and expect their rights to be held safe. A filmmaker or any person who is involved in the sector of entertainment and media must be aware of the previous works that exist to avoid copyright infringement. The entertainment sector is heavily reliant on the response of the people. A copied work in most instances is identified by the people even before it reaches the creator. Therefore, cautious steps must be taken to protect original works and also while creating such works. An original creator of the work at this point is put under liability to ensure there is no infringement even in case of genuine or minor errors. The paper makes an attempt to completely understand copyright infringement in the entertainment sector as a whole and places an emphasis on the film industry which would highlight how filmmakers in India have exploited several ideas under the realm of expressing it differently.1,142 views -
Role of Forensic Science in Rape and Murder Cases: Measures for Viable Results
Ph.D. scholar at Dr. B R Ambedkar College of Law, Andhra University, India.Pages 172 - 179In rape and murder cases, Forensic Science has a crucial role in identifying victim’s body through advanced forensic techniques such as Forensic DNA Reports. It is also used for crime scene analysis and collection of evidence that provides clinching scientific evidence which corroborates or contradicts the accused’s guilt. These pieces of evidence are useful for investigation purposes and the conclusion of the trial. However, Forensic Science has certain limitations and therefore, forensic experts must adopt the Standard Operating Procedure (SOPs) guidelines for accurate results while sample collection, preservation, and sample storage. If forensic experts failed to adopt these guidelines, it may lead to incorrect or erroneous results. Such erroneous results may be obtained due to inadequate quantity, improper collection methods, delay in testing, etc. Therefore, forensic experts and other frontline responders shall strictly follow Standard Operating Procedure (SOP) guidelines, otherwise, the courts may acquit the accused due to the inadmissibility of such evidence. This article focuses on the role of forensic science in rape and murder cases and the need to follow appropriate protocols to produce viable results.1,416 views -
Electronic Voting Machine: Constitutional Examination
Research Scholar at Dept. of Law, Maharaja Agrasen Himalayan Garhwal University, Uttarakhand, IndiaPages 180 - 188The Indian Constitution was enacted by the Constituent Assembly in the backdrop of the national struggle for independence. The Indian people had gone through a travail and on the attainment of independence, the country had to face unique problems which had not confronted other federations like America, Australia, Canada, or Switzerland. These problems had to be solved pragmatically and not by confining the country's political structure within the straitjacket of a known or established formula. The Constituent Assembly, therefore, pursued the policy of pick and choose to see what suited the genius of the nation best. Democracy postulates that there should be periodic elections where the people should be in a position to re-elect their old representatives or change the representatives or elect in their place a new representative. It was also held that democracy can function only when elections are free and fair and the people are free to vote for the candidates of their choice. To strengthen the transparency and credibility of a free and fair election the Electronic Voting Machine is playing a vital role in the election process.974 views -
Exploring the Nuance Behind “Armed Attack” as given in the Union Charter
Student at Jindal Global Law School, IndiaPages 189 - 196Anticipatory self-defence, which refers to the use of force in self-defence in advance of an impending armed attack, is discussed in Article 51 of the UN Charter. Anticipatory self-defence needs to be addressed explicitly in the UN Charter, and legal experts debate over whether it is legitimate under international law. While some contend that anticipatory self-defence is acceptable in some situations and is per international law and the Charter, others disagree. The idea of collective self-defence, which denotes the use of force by one state to defend another that has been the target of an armed attack, has also come up for discussion. Collective self-defence is permitted under the UN Charter, although the circumstances for such permission need to be made clear. While some contend that Article 51's provisions should be interpreted liberally to provide states more latitude in collective self-defence, others contend that the article should be construed narrowly to prevent conditions from abusing their right to self-defence. This paper analyses the letter of the law, as well as several landmark judgements, that were given by the ICJ to arrive at a nuanced understanding of the term ‘armed attack’ as seen in Article 51 of the Charter. It further discusses the challenges faced by the legal framework and concludes with appropriate solutions to the aforementioned issues.1,092 views -
Death Penalty in India: A Legal Analysis
Assistant Professor at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 197 - 210Each rich and developing nation is struggling with the issue of the rising crime rate in the twenty-first century. India, a growing nation, has a broad range of written laws that provide a variety of penalties to punish the offender and lower the crime rate. In India, there are various forms of punishment available, including the death penalty, life in jail, incarceration, fines, etc. Death sentences, often known as the capital punishment or death penalty, are reserved for the most serious offences. This paper provided an outline of the context and history of the death penalty in India, along with some significant rulings from the Supreme Court.1,171 views -
An Analysis of NEET Judgement
Assistant Professor at UPES, Dehradun, IndiaPages 211 - 218The case deals with the application of EWS reservation on the NEET examinations. It explores the contours of the authority to create exceptional provisions, including reservations for the EWS category, under Article 15(6). It reviews the Major Sinho Committee reports and the Pandey Committee report for the determination of EWS.1,037 views -
Do E-Commerce Platforms Provide Safety to Trademark Owners against Infringement?: A Comparative Study between India and China
Advocate in IndiaPages 219 - 239This research paper contributes to the study of trademark infringement on e-commerce platforms and its liability within the jurisdictions of India and China. Due to the growing population and commercialization, creative ideas and their implementation become more prominent, which calls for additional protection of trademarks and the rights of the proprietors. China holds the world’s largest e-commerce platforms and India as a developing country, has outgrown itself in terms of technology and online shopping. Many brands would smoothly migrate to Indian platforms just to promote their products because India has the second-fastest growing e-commerce sector after China. Trademark infringement is pretty common anywhere in the world unless strict liability has been imposed if anyone tries to infringe on an already existing trademark. In the 21st century, with the fast growth in technology and means of communication, there has been a drastic shift from offline to online shopping mode. This surge was especially noticeable during the COVID-19 pandemic, when we were not allowed to go outside or shop. Customers notice the sale of counterfeit products under the name of infringing trademarks but often take the risk of making a purchase. Though the real proprietor, under whom the infringing trademark activities are carried out, suffers more loss than the customer when the product received is of inferior quality or damaged. China, though a developed country, is still not able to completely tackle infringement on e-commerce platforms completely. The question this raises is: how are e-commerce platforms held liable for any infringement taking place on their platform and why must India soon tackle infringements taking place online?1,405 views -
Tax Avoidance by Multinational Companies: An Analysis of Various Techniques Adopted
Student at National University of Advanced Legal Studies, Kochi, IndiaPages 240 - 253Global trade has flourished since industrialization, and as a result, multinational companies have begun operating in several nations with country-specific taxes laws and rates. Transactions between such related or affiliated companies have also expanded under conditions that differ from those encountered by independent enterprises. Due to the transaction by the companies existing in different countries, the tax obligation imposed upon them will be substantially higher. Tax avoidance has always been a threat to an efficient functioning economy, and many companies, mainly Multinational Companies use various techniques to avoid tax obligations imposed by their resident country. Multinational companies can use several techniques to artificially transfer profits from high-tax to low-tax nations, such as altering the prices of related firm transactions and relocating debt to high-tax countries. Tax avoidance affects global operations, the supply chain, and the economic balance of the country as this phenomenon results in companies avoiding hundreds of billions. This article outlines several tax avoidance techniques adopted by Multinational companies for tax evasion.1,247 views -
Arbitration and Its Importance in India
student at , IndiaPages 254 - 261The use of Arbitration proceedings as a tool for alternate dispute resolution has witnessed a rise over the years, and the same can be determined through the emergence of Online Dispute Resolution during the COVID-19 wave, though its future application still remains in question. There are several concerns that arise to either a party or a judicial forum while transferring or proceeding with a case through arbitration; however, the sole purpose of arbitration and its outcome merely depends upon the Arbitrator. It is the Arbitrator upon whose shoulders the finality and the satisfaction of the parties and the court is reliant; therefore, for him to be professional is of utmost importance. While being professional, the fact that the Arbitrator needs to act neutral while being impartial and independent is a concern that comes into existence. This paper deals with the importance of the independence and impartiality of an Arbitrator and how this factor acts as a sole player in determining an outcome of a case. Further, the paper deals with the legislations, National and International Rules, Regulations and Guidelines that cite the importance of the same within themselves, along with a set of court pronouncements. Furthermore, the factors that may either determine or affect the behaviour of an Arbitrator while being independent and impartial through the worldview are also dealt with in this paper.1,485 views -
A Study on the Diverging Pricing Strategies in the Indian E-Commerce Industry
Student at Christ University, Bengaluru, IndiaPages 262 - 270The primary determinant of a potential customer's choice to acquire a good or service is its pricing. Retailers must take into account elements like manufacturing and operating expenses, sales targets, and competitive pricing. Even yet, pricing a new product or even an established product line involves more than just numbers. Particularly for e-commerce business owners, the cost of the goods can all too frequently determine success or failure. Price is a major consideration for every business in today's age of "throw-away" products and rivalry in just about every market sector you can think of. For reasons that will potentially involve an e-commerce retailer setting his or her price to maximise profits and to deter competition is always a danger to the essence of healthy competition. The OECD guidelines have specifically passed various pointers in their 2008 guidelines to prevent such a mishap from happening, especially in the competition sector. Manufacturers frequently make an effort to influence the prices that online merchants charge to final customers for their products under vertical price restraints. Price-based restraints can produce efficiency like many other vertical restraints, but they frequently represent one of the most immediate barriers to intra-brand rivalry. The usage of a minimum or fixed RPM in the e-commerce industry is frequently driven by manufacturer worries about free-riding on offline service provision as well as worries about aggressive discounting in online distribution channels that could deter customers. A brand's standing in the market or perceived prestige. In order to safeguard both wholesale price levels and retail price margins, pricing constraints may be used to reduce the effects of swift online price erosion. The concept of price parity in the e-commerce industry, especially to deter competition by barring the market players a healthy chance to sell their products and services, is on the rise in recent times. This paper aims to study the different forms of price parity being practised by e-commerce players and how the statute provides protection and promotion of healthy competition.1,118 views -
The Expanding Horizons of Right to Travel Abroad in the Light of Recent Legal Developments
LL.M. student at Jamia Millia Islamia, IndiaPages 271 - 285The Right to Travel Abroad is an ever-growing right in scope; the expanding contours of this fundamental right, as it is now widely recognised, which was not the case earlier, has now become a separate jurisprudential aspect in general. It is embodied in Art. 21 of the Constitution, which states that the essential principles of equality before the law, the freedom that is connected with speech and expression, religion and the freedom of culture and so on, are an inseparable part of itself. The same right also originates from Art. 19 as well as regards the Indian Constitution is concerned. Art. 21 links the same with life and personal liberty, which forms the basic crux of this right as such. A perusal of the historical background shows us that the right has originated since ancient times and has carried forward till the evolution in World War II and so on. The emerging trends have recognised the right to travel abroad very frequently, which was not the case in the pre-Maneka Gandhi times. This was followed by the Satwant Singh case, which also recognised the right to travel abroad and that of being able to come back to one’s own country. More recently, the Supreme Court of India has recognised the right in the Satish Chandra Verma case. This paper deals with the introduction whereby the right to travel abroad is discussed, and various aspects relating to it are stated in the forefront and the allied topics covering history, evolution and development of the jurisprudence on the topic and how it has shaped the recent times along with the right of accused to travel abroad and the restrains in both cases, discussing upon the way forward and the shaping up of the emerging dimensions of law.1,154 views -
Component of Honour in Honour Killing
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 286 - 302The caste system is a part of Indian society, which traces its origin to centuries ago, which could not be defined as a single point. Along with this caste or varna system, culture, morality, and ethics also capture a major portion of Indian civilisation. According to this, killing a life is not the way of morals, but people do not hesitate to do the same when it comes to inter-caste marriage. They feel their honour is being disrespected, and they go to the extent of killing their own family members, keeping aside all their love and affection. But, the question of the research is, is only this caste forms the part of honour? And if they kill their own family members for inter-caste marriage, only then it amounts to honour killing? So, for that, all those things which people think as a matter of honour and for which they go to the level of taking a life are to be analysed. This is empirical research in which the people’s point of view about honour killing is analysed and defined accordingly. The probability of honour killing based on the economic standard of life is studied, and the reason for such crime is also analysed, for which one of the undeniable solutions to reduce honour killing becomes education.1,408 views -
What is ‘Overcriminalisation’ and How does the Jan Vishwas (Amendment of Provisions) Bill, 2022 deal with it?
Student at The Law School, University of Jammu, IndiaPages 303 - 311The Indian sphere of law comprises mainly the criminal laws that govern the crimes and punishment if those crimes are committed. For this purpose, India has a set of substantive and procedural criminal codes. Criminal law has been growing at a high pace without any principled basis for such an extreme overgrowth, and legislation has been playing a key role in it. Such over-criminalisation creates multiple repercussions like overcrowding of prisons, the pendency of cases, unnecessary expenditure of economic resources, degradation of laws and others which are discussed in detail in this paper. To control the problem of over-criminalization, the Jan Vishwas Bill of 2022 has been introduced in Parliament. The bill attempts to decriminalise minor offences under many existing legislations across the nation and replaces many imprisonment provisions for certain offences by setting a monetary penalty or by increasing the already existing one. However, it has been found that the Bill is insufficient for many purposes in various aspects. The scope of the Bill is restricted. The limitations have also been a matter of discussion in the paper.1,542 views -
A Legal Analysis on Air Pollution in Bangladesh: Human Rights Perspective
Assistant Professor at Department of Law, Green University of Bangladesh, Dhaka, BangladeshPages 312 - 329Air is an indispensable ingredient in all living organisms. Breathing clean air is part and parcel of one’s right to health. Moreover, reducing pollutants in the air is crucial for the environment too. Regrettably, due to the lack of timely interference in this concern, air pollution has been transformed into the world’s largest environmental health threat right now. In this horrendous scenario, the air quality of Bangladesh was positioned as the worst in the world for four years in a row, whereas Dhaka ranked the second most polluted capital in the world, according to the 2021 World Air Quality Report by IQAir. As air pollution is causing a serious threat to the right to health, this paper endeavours to discern the sources of air pollution in Bangladesh. Further, this paper intends to investigate existing laws and policies on preventing air pollution with a view to checking their sufficiency, efficiency and contemporariness. Last but not least, this paper would like to find out the obstacles to ensuring air quality and suggest viable solutions in this regard. A qualitative method has been applied, and data have been collected from secondary sources, which have been processed and presented accordingly.1,326 views -
International Trade and the Environment: An Outright Concern of the WTO
LL.M. Student at Christ (Deemed to be University), Bengaluru, IndiaPages 330 - 339Trade and the environment have always been contentious global issues. With the implementation of multilateral, plurilateral, and bilateral agreements, international trade has increased significantly over the years. Free trade and trade liberalisation increases economic activity, which further enhances a nation’s wealth and progress. On the other side, this may also lead to the use of all of our nation’s natural assets, whether they are minerals, woodlands, fish stocks, and other natural reserves. International trade thus creates huge environmental degradation when the environmental determinants are not properly looked into. If there are appropriate global trading practices that increase a nation's national wealth, it can lead to greater as well as better sustainable standards. Conserving the environment through the implementation of appropriate plans and policies is critical to achieving the goals of international environmental sustainability. The World Trade Organisation plays a major role in the international law realm in balancing the tension between trade and the environment, though it was not established with the aim of protecting the environment as such from the negative impact of world trade. The various multilateral and plurilateral agreements of WTO, along with Article XX exceptions of the GATT, constantly address all these issues. Hence, the object of this paper is to carefully examine the interrelationship between WTO, trade, and the environment, as well as to look into the impacts of trade on the world environment and how the WTO agreements and key provisions address these critical issues.1,165 views -
Choice of Seat and its Significance
LL.M. student at Christ (deemed to be University), Bengaluru, IndiaPages 340 - 346Arbitration is the preferred mode of dispute resolution for international commercial disputes as it facilitates speedy disposal of the dispute with the added benefit of party autonomy. The principle of party autonomy is the quintessence of arbitration and permits parties to choose, by agreement, the legal framework governing the arbitration proceeding and the courts that exercise supervisory jurisdiction over the proceedings. The "seat of arbitration" is a vital element of an arbitration agreement and signifies the legal domicile of the arbitration. By designating the seat, the parties implicitly decide the procedural law of arbitration and the supervisory jurisdiction of the national courts. The concept of the seat of arbitration and its significance are examined in this article.813 views -
Pages 347 - 354Feminism is a movement that seeks to promote equality between men and women. Feminism has many different ideas and theories. Feminist analyses are thought-provoking and essential for social welfare. Birth marks the start of a convoluted labelling process and gender discourse, with first-wave feminism placing a strong emphasis on women's equality and independence while the second-wave of feminism concentrated on female oppression and battled for their liberation. Socialist feminism brought the gender dimensions of the welfare state into the open, enabling women to empower themselves and change the status quo. In order to empower women and change the status quo, feminism insists on breaking new territory. Womanism strengthened the self-identity and self-respect of women. The cultural roots of women's exploitation and discrimination were examined by literary and cultural feminists. Caste, religion, and ethnicity have all had an impact on India's changing status of women over time. Feminism started during colonial period by male reformers in nineteenth-century India. Patriarchal system in India was so firmly rooted that it was only men who could decide that it was time for change. The British were responsible in sparking this change.1,354 views
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Critical Analysis of the Jurisprudential Development of Seat versus Venue Debate in Arbitration
Student at Symbiosis Law School, Pune, IndiaPages 355 - 364The significant increase in the number of choices for arbitration centres across the globe has made it critical for the parties to the arbitration agreement to make the choice after careful evaluation and specific description of the same in the agreement. The fundamentals of “seat” and “venue”, even though significant in arbitration matters, have not been specified in the legislation. The two words have been through a long journey through various judicial interpretations and tests to determine what can be considered as a seat and venue. This article is an analytical study of the said journey of interpreting the two terms through multiple court decisions. This article throws light on the importance of seat and venue in arbitration matters, the legislative analysis, a detailed analysis of the various tests established by the judiciary to determine the existence of seat or venue, and a conclusion to establish the meaning and interpretation of Seat and Venue that exists and is applicable at present.870 views -
The Transcend of Administrative Constitutionalism
Student at Christ University, Bengaluru, IndiaPages 365 - 371The mere existence of the constitutional text does not mean the nations have implied inculcated the constitutional principles. The idea of constitutionalism is considered to be the spirit of abiding by the constitutional text of a particular country and limiting the powers of the governmental body to reduce any form of arbitrary act of power. Constitutionalism could also signify many different things. In the broadest sense, it can be described as "A body of thoughts, attitudes, and behavioral patterns that elaborate the idea that the power of government stems from and is constrained by a corpus of fundamental law." This principle or doctrine of constitutionalism has been integrated into different other ideas and sectors of a democratic country. In the United States of America , the last decade witnessed an ample number of scholarly texts regarding the concept of administrative constitutionalism. Similarly in India the concept has been in emergence through the idea of administrative adjudication. In order to govern in line with constitutional rules and norms, administrative agencies must shape, develop, and enforce such rules and norms. This process is referred to as administrative constitutionalism.Even though the supreme law of the country that is the constitution explicitly guarantees the decision making power in the country to the judiciary, the idea of administrative agencies decision making power in constitutional matters to be considered and bought under the ambit of constitutionality is a discussion amongst scholars. This paper will analyze the transcend of administrative constitutionalism into the two greatest constitutions of the world, and how a balance can be established between judicial decision making and administrative decision making.930 views -
The Interplay of Subsidies under Agreement on SCM and Agreement on Agriculture
LL.M. student at Christ (deemed to be University), Bengaluru, IndiaPages 372 - 382Governments impose subsidies for a variety of reasons. The World Trade Organization is the primary international trade regulator. Subsidies have become a primary focus of the Agreement on Subsidies and Countervailing Duties (SCM Agreement) 1994 and the Agreement on Agriculture (AoA) 1994. The primary sources for the research paper were the WTO agreement and the doctrinal method. It should be noted that the application and scope of the SCM Agreement are dependent on the definition of subsidy. It is pertinent for WTO to define subsidies and make rules because if they fail the countries cannot counter measure against the unjust processes. The main question that the paper attempts to address is whether there are conflicting provisions in both agreements and how the agreements are viewed by developing countries like India, developed countries like the United States, and the European Union. What are the various definitions of subsidy and how do these definitions affect the economy on a related question is which definition is most appropriate from the perspective of developing countries such as India? What are the arguments for having or not having subsidies. Furthermore, what are the WTO rules on subsidies, and what are the implications for international trade? The author tried to establish the features of the agreements in detail to further analyze the provisions. Various orders of the DSU are used to substantiate the provisional disharmony.1,386 views -
Pages 383 - 395The social and economic condition of the society is very essential to measure the human development. The social inequalities and varied economic condition or poor economic conditions would lead people to inhuman living. Therefore, the family as a unit must be supported by each member of the family to uphold the social and economic dignity of each individual. Therefore maintenance of the family members is an essential duty of each member of the family. This article traces the concepts of maintenance by analysing the maintenance laws in India. The concept of maintenance is to keep and protect the dignity of an individual in the family by providing basic financial support. Therefore we have also included how the concept of maternity benefit given to women employees under any establishment serves as a tool to protect the dignity of motherhood and its objects to provide for the full and healthy maintenance of women and their children when she is not working. The maintenance and the maternity benefit accorded to women who are vulnerable to economic depravity in case of separation or loss of a job would empower them with economic stability. This Article will analyse these concepts with relevant legal provisions.834 views
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Fintech as a Driver of the Financial Market’s Creative Growth
Student at Anand Law College, IndiaPages 396 - 410Businesses must respond quickly and precisely to the very volatile and dynamic market in which they operate. The progress of contemporary information and communication technology and the resulting demand for various creative financial solutions are directly related to the current and dynamic financial environment, which presents the company's operations with several obstacles. With the aforementioned technology, so-called Neobanks, or banks without physical locations, are unquestionably a novelty in the financial sector. A new sector called FinTech has emerged as a result of the quick development of technology, and it is now highly appealing to investors. This industry today offers a wide range of diverse concepts, including P2P lending, cryptocurrency, E-wallets, mPOS acquiring, M-wallets (mobile banking), and T-commerce. Numerous of these tools have already made significant inroads into daily life. Without the involvement of banks, people may get any type of credit through specialized online services from other users, utilize mobile devices to make credit card payments, and receive information about their spending and earnings as related to their cards from anywhere in the world. To maximize added value and get a competitive edge on the market, we might say that these types of new technologies are emerging with time, being welcomed, and being integrated into businesses' business operations. Users no longer need to visit banks and waste their time making credit agreements, exchanging currencies, or looking for ATMs to withdraw cash. Online purchases can be made using new digital currencies in addition to rupees. Although these gadgets make life simpler, they seriously endanger banks.1,480 views -
The Houses: Raison d’être
Student at KIIT Law School, IndiaPages 411 - 418This paper aims to make a look into the powers and functions of the parliament of India. How constitution defines the Parliament. The paper takes up the question about the purpose and reason behind it’s functioning. This paper further explains the Lok Sabha and Rajya Sabha separately and the virtue behind the houses. This paper takes up a basic question, what is the purpose of a bicameral legislature. This paper concludes how it is dealing with the house is an important democratic entity and functions to fulfil the hopes, aspirations and expectations of the public.920 views -
Pages 419 - 443“Kanyadan” is not complete until the bridegroom is given a “Varadakshina.” The presents given to the daughter on the occasion of marriage by her parents, relations, or friends constituted her “Stridhan.” Both Varadakshina” and “Stridhan” were given out of love and affection. These two aspects got entangled and in due course assumed the frightening name of dowry. Demand for dowry has resulted in cruelty, domestic violence, and death by homicide or suicide. Originally it intended just to give a support and security to new couples that start their married life. But in today’s scenario, women do not understand the ideology behind the money and presents given to her own family and if there is some misunderstanding between the spouse’s, women take the advantage of the laws which is basically to protect their rights in all difficult situation. In general women are misusing the law which is protecting them from social evil of demand of dowry and domestic violence.1,785 views
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This article presents the case López Lone vs Honduras, where violations of the independence of Honduras judges were evidenced, evaluating the context and importance of this independence as one of the values required of judges and, for this reason, are regulated in the Bangalore Principles on the Judicial Conduct which consolidates democracy in a society.889 views
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Critical Analysis of Right to Speech and Expression in Lieu of National Security
Student at Galgotias University, IndiaPages 450 - 456We have certain basic rights as citizens of India. Fundamental Rights are enshrined in the Indian Constitution under Part III. Freedom of speech encloses the right to express and the right to access information. The Freedom to express ideas and opinions without hindrance plays an important role in the development of society. Freedom of speech is guaranteed not only by the Constitution of India but also by various International Conventions. This right is one of the basic elements for a healthy and open-minded democracy because it allows people to freely participate in the social and political happenings of the country. But the government validates undue abridgement of the right to speech and expression on the grounds of national security and terrorism which includes mishandling of this right, which encourages troublesome relation and pressure between national security and fundamental rights. This article deals with meaning, national security and grounds of restrictions for freedom of speech and expression guaranteed under article 19(1)(a) of the Indian Constitution. It also deals with the laws of freedom of speech and expression in relation with the national security.1,338 views -
An Analysis of the Role of Centre and States in Constituting and Functioning of All India Services
Student at Christ Deemed to be University, Bangalore, IndiaPages 457 - 466Every country across the globe work on different forms of government. Especially in a federal set-up, it becomes interestingly important to look into the working of the Centre and the State together when both are two distinct entities having different functions assigned yet moving together to achieve a common goal or objective, for the better functioning of the governance of that country. The study of Centre-State relations becomes crucial especially in a federal country like India since the government at both levels interact with each other and cannot live in isolation in watertight compartments to discharge their functions. In the case of All India Services also the same has to be carried on, as it was formed primarily based on cooperative federalism. The provision for establishing All India Services is provided under Article 312 of the constitution of India. The proposed All India Judicial services be also taken into consideration in this regard as it will further help in serving the same purpose. Neither a State nor the Central level should political considerations be considered. High-level Civil Service Boards should make placements, promotions, and disciplinary decisions based on each officer's unique merits. The India Services officers' conduct and operations while serving at the Centre or in the States should be closely monitored by the Central Government, which appoints them. The state also plays a significant role in this regard because it serves as the Central Government's advising or recommending body, as has been demonstrated in numerous case laws. Both the Centre and the States should be allowed more authority so that they can work more independently to create the All-India Services, as envisaged, strong and effective ties between the Centre and the States in our federal democracy.1,006 views -
A Critical Analysis of DNA Technology (Use and Application) Regulation Bill, 2019
Ph.D. Scholar at Faculty of Law, University of Delhi, IndiaPages 467 - 478DNA fingerprinting is almost an infallible technique in identifying individuals which has the potential to revolutionize the Indian criminal justice system. However, neither the Indian Evidence Act nor the Code of Criminal Procedure specifically mentions the DNA test, making it difficult for law enforcement agencies to rely on DNA evidence. As a result, crime rates have risen exponentially in recent years, but the crime-solving techniques used by law enforcement agencies remain conventional with little or no aid to forensic science. A lack of knowledge and understanding of the forensic process also leads to the accumulation of cases and the exoneration of criminals. To address this legal lacuna, the parliament has drafted a Bill on The DNA Technology (Use and Application) Regulation Bill, 2019 (hereinafter referred to as "Bill") with the main objective of identifying persons relevant as per the schedule appended to the Bill with the help of DNA profiling and also to substantiate the legal proceedings. The Bill also provides for the establishment of a DNA Database at the national and the regional level and a DNA Regulatory Board that entrusts with the responsibility of supervising DNA Data Banks and DNA Laboratories. The Bill, however, has not yet been passed by the parliament due to several legal concerns. Thus, the researcher decides to undertake the present research to examine the admissibility of DNA evidence on the benchmark of fundamental rights and also to address the shortcomings of the Bill.1,016 views -
New Labour Laws and Compliance Checklist for Registration and obtaining Licence by a New Entity
Student at The NorthCap University, Gurgaon, IndiaPages 479 - 485Till the year 2019, India has been witnessing extensive and comprehensive labour laws. There had been forty central laws pertaining to labour regulations and around one hundred state legislations regulating labour laws. It was the first time in the year 2020 that these comprehensive and extensive labour laws were codified and consolidated into four labour codes. The Government of India introduced flexibility in the new labour codes as compared to the old labour laws by ensuring employees' health and safety in the workplace, insurance, wages etc. The article consolidates all four new labour laws in a precise manner. It also provides salient features pertaining to the new labour codes. The second part of the article is basically a compliance checklist for the registration of a new entity under the four new labour codes.1,054 views -
State Responsibility under International Law
Student at TMV’S Lokmanya Tilak Law College, IndiaPages 486 - 495In international law, responsibility follows from obligation; as a result, every time a subject violates its international commitments, that subject also bears international responsibility. Due to the structure of the international legal system and the theories of state sovereignty and state equality, state responsibility is a fundamental principle of international law. It stipulates that anytime when one state violates another state’s international law, there is an international obligation between the two. A violation of an international agreement results in the need for compensation. The law of state responsibility outlines when an international duty is to be considered broken, together with the repercussions of such breach, including which States are allowed to retaliate and how. International law does not concern itself with the source of the obligation that is breached, unlike national laws, where different rules frequently apply depending on the source of the obligation breached (e.g., contract law, tort law, criminal law), and in general (and unless otherwise specifically provided), the same rules apply to the breach of an obligation regardless of how the origin of the obligation is a treaty, customary international law, a unilateral declaration, or the judgement. The International Law Commission finished the ARSIWA, or Articles on the Responsibility of States for Internationally Wrongful Acts, in August 2001 after more than 40 years of effort. The goal of ARSIWA is to define the principles of State responsibility that apply widely around the world. This paper is thus determined towards discussing the concept of state responsibility, it’s kinds , consequences and some important cases relating to the same.2,527 views -
Right to Livelihood affected during Covid
Guest Faculty and Advocate in IndiaPages 496 - 520In the midst of massive policy efforts to stem the global COVID-19 pandemic rage countries are battling to minimize the effect on the daily lives of the people they serve. Since employees were sick and reduced their work hours or were fired or were laid off, sick-leave programs that are paid as well as short-time work programs and unemployment benefits, have been introduced, and several nations have taken measures to make these schemes more accessible or generous. These initiatives have helped maintain the incomes of many and have reduced the loss of jobs in the beginning. However, they aren't reaching everyone whose lives are affected. Even in countries with the most advanced social protection, certain family members and workers are left out: those who work in unorthodox jobs, such as self-employed, temporary and informal workers, as well as those working very limited hours, are not usually covered under insurance-based unemployment and sickness benefits schemes. Some, who were working but could not find work before the crisis, are now facing prolonged financial hardship. This is especially true in countries with massive informal industries and poor social protection systems. Increasing numbers of people lose work and are unable to access income assistance. All over the world, numerous countries have enacted strict restrictions on confinement to "flatten the COVID-19-curve" and to alleviate the immense pressure that is put on hospitals and ultimately, decrease the death rate of the deadly pandemic. The result of these measures is major supply shocks since workers are being forced to go home, and companies are shut down temporarily. In the meantime, demand for many products and services has dropped because households and businesses cannot either financially or physically sustain their spending. In this incredibly difficult situation when countries are struggling to minimise the effects of the economic hardships on citizens, typical choices between incentives and support, as well as between fiscal sustainability and generosity are being temporarily put aside. In the event of a decline in incentives to work are not the primary concern since workers are being asked to remain at home. Concerns about the sustainability of fiscal policy have been put to rest as policymakers move swiftly in their efforts to avoid the escalating economic and social crisis. This paper will give you a deep understanding of the right to livelihood affected during the covid-19 pandemic by focusing on the comparison between the right to livelihood and the right to life enshrined in Indian laws.938 views -
Subsidies in China as a Challenge to International Trade Law
LL.M. student at Christ University, Bangalore, IndiaPages 521 - 530International trade is necessary in the modern world with all of the demands and expectations for a better economic situation in a nation. Fair competition is necessary to boost economy of a country. Such fairness is brought about by the implementation of subsidies by domestic country while competing in the international trading scenario. But biased nature of subsidies towards a domestic market implemented by a country such as China has proved to create problems and disputes, in addition to causing disruption of fairness in international trade. Chinese state-owned companies pose significant problems to the global trading system due to their size and importance. One question is whether a state-owned enterprise falls within the World Trade Organization anti-subsidy system as a "public body” and whether such public bodies are involved in “financial contribution” to the domestic market. The Chinese government instructs state-owned enterprises and state-owned banks to provide loans and raw resources to support the growth of important sectors. Such contributions fulfil all the conditions to be called subsidies. Even if the government refuses to release any relevant information, state-owned enterprises can be deemed to be public bodies under the governmental authority standard and the facts-available process. This research work contends that the countervailing measures statute is a workable instrument to combat the subsidies that China indirectly provide through its State-Owned Enterprises. Further, we will look at how the subsidies are implemented by China in its domestic market through State Owned Enterprises and the effect that the subsidies have with respect to General Agreement on Trade and Tariff 1994 and Subsidies and Countervailing Measures agreement. The current state of the economy will be discussed, including the way China views subsidies, their effects, and the apparent failure of the World Trade Organization's Agreement on Subsidies and Countervailing Measures to address them.946 views -
Advocate: An Eminent Professional towards Building a Society
LL.M. student at University Law College, Bangalore University, IndiaPages 531 - 537Being the world’s second-largest democracy, the Indian legal profession plays a major role in establishing a law-abiding developed society by pronouncing exemplary and notable judgments. Advocates and the judges are the active participants who make this effort together in order to gain changes in society. However, lawyers play a major role in the administration of justice, as their main job is to assist the Court in dispensing justice. During pre-independence, advocates played a significant role in achieving freedom in India; where the British were fighting with ammunition, the advocates like Gandhiji, Nehru ji, and Vallabhbhai Patel ji fought with words being freedom fighters and brought independence from the British, thereby building a society for the Indians in their homeland. During post-independent India, lawyers actively participated in making the Constitution which is the root of our Indian Legal system. The name of Dr B. R. Ambedkar is unforgettable; they framed the Indian Constitution and added several laws as a rule which still shapes our society. The whole war fought during the court proceedings is based on the ‘words’. Therefore, lawyers are also known as the ‘magician of the words’, and those, who uses words as a tool, are the one who keeps the courage to build a society. Advocacy includes purposeful actions which further nurture and advances the people’s rights, opportunities, causes and human dignities to carry out life even after death as a hallmark of the social establishment. Qualified, trained lawyers help in shaping the law according to the need of society. In this paper, the author made an attempt to analyse how lawyers have contributed towards building a democratic society since the pre-independence era and still is taking part actively in bringing changes according to the need of modern society.1,408 views -
An Analysis on Standard Form of Contracts: Different Measures and Current Status in India
Ph.D. Research Scholar at Shobhit University, Meerut, IndiaPages 538 - 550The law of contract differs from all the other branches of law in the respect, that an obligation under it is a creation of parties themselves and no one else. The technique of an agreement essentially includes the offer at one side and its acceptance by the other side. The rapid commercial growth and the activities of mass production have attributed to the development of standard-form contracts, which are typically known as adhesive contracts. The word adhesive is used only to give the idea that one party merely adheres to the terms and conditions that are imposed by the other. The truth of mass production, which is impossible without the standardisation of technology, also requires the standardisation of mass contracts. The basic idea of the law of contract lies in the freedom of contract and equality of bargaining power which has undoubtedly been hampered by the growth of the standard form of contract. A contract of adhesion means that an individual does not have any option other than accepting the contract terms. Even if he sat to avail, it is possible that he might miss the opportunity. The individual can hardly bargain with massive organisations, and therefore he has to accept the offer, whatsoever, irrespective of the fact whether the terms of the contract suit him or not. Although the number of individuals who separately deal with monopolistic concerns is very large but another truth is that they are not united, while such big concerns enjoy the benefit of having legal expertise and are in a better position to circumvent the law in their own favour. Therefore, the freedom of contract, which is one of the sacrosanct ideas of individual liberty in actions, is greatly attacked and annihilated by the so-called standardszation of contracts. This paper tries to analyse this issue.1,145 views -
Building a Safe Labour Migration Ecosystem: Reforms for Delivering Social Protection to Internal Migrant Workers in India
Ex-Consultant at KPMG, IndiaPages 551 - 575The paper examines the nature and scope of existing social protection measures, designed, to protect the internal migrant workers and mitigate dislocation, discrimination, during COVID pandemic and in future. According to the Economic Survey of India 2017, interstate migration in India between 2011 and 2016 averaged close to nine million people each year. There are approximately 100 million migrants in the workforce, according to other estimates. Since many migrants come from socially and economically disadvantaged groups, they have been driven from their homes and into cities in search of work for decades. In contrast, marginal or landless farmers have inconsistent incomes, little to no access to social security or entitlements, and limited access to credit, training, or alternative sources of income. They largely find employment in the unorganized sector with no protection against workplace-related accident/injury, wage or job loss, and limited social protection. They are compelled to live in filthy, congested, and unsafe housing because their company does not supply housing and the formal rental market is inaccessible. Dense living and working conditions make internal migrant workers susceptible to contracting COVID-19. Restrictions on internal travel and the fall in domestic commercial transportation options resulting from the COVID19 has led to distress among migrant labourers. Many internal migrant workers lost jobs and were left without income, food, and accommodation; others sought to return home but have been stranded in transit due to travel restrictions. The first section sets the context around importance of social protection measures for internal migrant workers in India. The second section discusses the existing social protection measures for this cohort and the third section reflects upon the status of delivery of these social protection measures. In the last section, we present the benefit delivery-related issues and suggestions to improve access to social protection benefits.911 views -
Shedding Light on the Conspicuous Issue of Prostitutes in India from a Feminist Perspective
Student at National Law University Odisha, Cuttack, IndiaPages 576 - 584Prostitution is perceived as a social vermin and disruptor of the social structure without being sympathetic to the fact that they emerged because of brutal socio-economic conditions. Historically woman is treated as a man’s ward and dependent on him. Every woman was possessed by a man; however, the sexual desires of myriad women may be left unnoticed. Moreover, her dependency leads to her abuse and bolsters her urge to be economically independent. Liberal feminists see prostitution as a way out by providing her autonomy in different dimensions. Prostitution is often lampooned on the ground that it gives room for human trafficking, but this notion can be countered with the presence of various legal instruments that provide for its abolition. Prostitutes are often subjected to violence and abuse, with vague laws adding to the woes, which give no space for consensual sex work. Consensual sex work can be perceived as a women’s right to self-determination, which involves the expression of her autonomy both sexually and economically. It allows women to make choices in relation to their sexuality and opens avenues for economic liberation. The Supreme Court of India’s recognition of prostitution as a profession and legalising voluntary sex work can be harbingered as a significant step in the fight for the rights of prostitutes continuing for ages.893 views -
State of Bombay v. The Hospital Mazdoor Sabha, 960 AIR 610, 1960 SCR (2) 866: Critical Analysis
Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed University), IndiaPages 585 - 598The Industrial Disputes Act of 19471 was created to avoid industrial unrest, allow for peaceful resolution of labour disputes, and protect employees from exploitation and mistreatment by their employers. The Act anticipates pragmatic and dependable talks with the help of the Act's mediation system. If the parties' disagreement cannot be settled peacefully through consensus, the labour court system and industrial tribunals established under the act to adjudicate industrial conflicts are expected to deal with referrals as early as possible in order to do equality for both the employees and the employer in accordance with the approved definition of social justice. The act broadened the definitions of "industry" & "industrial dispute" to include a wide variety of industrial operations, ensuring that industrial issues are addressed in a way that is more comparable to mediation and settlement than conventional legal procedures and concepts. Capital-labour conflicts should now be settled on social standing as opposed to a contract-based basis. The ideas outlined above, which define 'industry' in its broadest sense and “sovereign functions within a circumscribed circle,” have had a significant impact on industrial adjudication. As a result, an entity cannot be excluded from the act purely based on the personal opinions of a judge.1,862 views -
Cultural Capital and Social Exclusion: The Case of Muslim Marginalisation in Kerala
Assistant Professor at Aligarh Muslim University Centre, Malappuram, IndiaPages 599 - 607Separated by geography, history, language and culture from their co-religionists in other parts of India, Muslims in contemporary Kerala are in a better social position in many respects. However, within the state, compared to other religious communities, they are socially and educationally backwards. Despite their long history of socio-cultural harmonious life with other communities in the state and their share in its socio-economic development, their present situation of marginalisation in the state raises several questions regarding the links between the cultural processes and the generation, reproduction and contestation of social exclusions. Analysing the marginalisation of Muslims in Kerala, this paper will try to explain the significance of the concept of Cultural capital and its interplay with other forms of capital as proposed by Pierre Bourdieu (1970; 1984). Considering their strong political participation and the changing economic status thanks to the large-scale migration to the Gulf country, the marginalisation of the largest minority in the state presents an interesting case for sociological explorations. This article would argue that in the absence of proper mobilisation of cultural capital, any measures to empower any community cannot be successful. It is further argued that taking cultural capital as a key concept in investigations of social inequality would help us to identify the sociocultural processes that generate and legitimise social exclusions in contemporary Indian society.1,057 views -
Breach of Data Privacy in E-commerce with Special Reference to Electronic Payment Method
LL.M. Student at Christ (Deemed to be University), IndiaPages 608 - 615In this paper the major focus of discussion is related to the e-commerce and how it is important in the present scenario. The e-commerce involves the personal information and how they are being breached on these electronic devices. The study also addresses security challenges faced by the world. This paper also discusses the legal measures that are involved in regulating e-commerce. The issue of privacy-related matters has also increased as the era of the new electronic payment has increased. But at the same time, various countries have used certain legislations to combat this issue. The paper will lay down the emphasis on how the data privacy issue is a major threat to the electronic payment system. In the end, an attempt has been made to give out the measures that should be used.979 views -
To avert war, Krishna serves as an intermediary between the Pandavas and the Kauravas. The idea was unquestionably ancient. The idea of alternative dispute resolution is not new to the people of this country. Since time immemorial, it has been common throughout India. The course of legal history demonstrates that throughout the years, man has explored strategies for making it simple, inexpensive, reliable, and convenient to attain justice. The administration of justice displays the social consciousness of the public. It is an endeavor to develop an alternative conflict resolution system from the ones that are already in place. ADR methods were emphasized as a way to deal with this delay and court arrears. Alternative conflict resolution methods are alternatives to the court system for resolving disputes. Win-win concept possible through ADR despite of fail-win notion which related regularly with litigations. As a professional mediator, she focused on the mediation process and the significance of the mediator's negotiation skills, such as social skills, personal skills, communicative skills, as well as perception of the mediator in evolving the issues.908 views
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Socialism in Indian Constitution with Reference to Right to Property
Lawyer at Kanpur District Court, IndiaPages 627 - 634India, the nation that got independent after years of shed of blood and tears of glorious freedom fighters, aimed to evolve into a society free of all sorts of inequalities in the society. ‘Socialism’ was an apparent way to bridge the economic rift that existed between the elite class and the people in the grip of poverty. So it was back in the year 1976 when the term ‘Socialism’ found its place in the auspicious ‘Preamble’ of the ‘Constitution of India’. However, being a newly independent country, it would have been difficult to incorporate the model of socialism to the extremities, so it was taken care that the model of socialism (Democratic Socialism), which was adopted in India, was suited to the situations prevailing in India. This paper throws light on the concept and types of socialism (Marxian Socialism and Gandhian Socialism), the history of inculcation of socialism in the Indian Constitution with the same adaptive changes and it also discusses how Indian socialism deals with the ‘Right to Property’.1,778 views -
Venture Capital and Private Equity: In the Indian Legal Perspective
Student at ILS Law College Pune, IndiaPages 635 - 649India is an emerging market that continues to be a hot spot for investment. With 1.3 billion people and growing, India has the potential to become one of the top economies in the world. But it's not just about economics; it's about people and their needs. And those needs are changing rapidly over the past decade. The Indian government has made a conscious effort to encourage entrepreneurship by providing incentives like tax cuts, cheaper loans, and better access to education, among other things. It's also trying to make its citizens more self-reliant by encouraging them to start their own businesses rather than rely on government jobs. These changes have led to a huge increase in small businesses opening up in India over the last few years—and they're getting bigger all the time! According to one estimate by McKinsey & Company, there were 32 million small businesses around India in 2014; by 2018, that number had grown almost 50 per cent!1,027 views -
Rights and Protection of Women and Children in India: A Public Issue
Assistant Professor at Shobhit Institute of Engineering and Technology (NAAC A Credited Deemed to be University), Meerut, IndiaPages 650 - 661Being a nation with a wide range of cultures and religious beliefs, INDIA produces a wide range of cultural, religious, and social behaviors. Any nation must place a high priority on the concrete protection of its citizens' human rights. The protection, rights and empowerment of women and children are important concerns for the Indian government. The major issues affecting women in India must be addressed in order to reduce the growing injustice toward them. To that end, many programmes and schemes have been put in place. But Gender bias always plays a negative role in terms of women and children. we have proper enacted laws for the protection of women and children, constitutional laws, legislations still our society i.e. women and children faces those situation which leads to the problems like- girls become exposed to the possibility of child marriage, pregnancy at teenage level, child labor, poor education and health, sexual harassment, exploitation and violence against women. This research Paper trying to brings out the constitutional amendments, legislations which were enacted by Government to ensure their safety and security and equal progress in attainment of equal rights for the welfare of the being which facilitate the women empowerment and welfare of the children.1,220 views -
Sri Lankan Economic Crisis: Factors Responsible for Economic Failure
LL.M. Student at O.P Jindal Global Law School, IndiaPages 662 - 668For the first time, the Island Country of Sri Lanka is experiencing the worst economic crisis ever. This type of economic chaos in Sri Lanka can be said to be the consequence of the poor decisions taken by the government due to which Sri Lankans from all walks of life are struggling since there is not enough money, fuel, or food available. This type of poor governance has a domino effect that paralyzes all the important and key economic sectors. The first and foremost reason is the Large-scale borrowings at high-interest rates with stringent restrictions from international financial organizations. Then the nationwide ban on chemical fertilizers served as the second justification. The third one resulted in significant revenue loss for the government due to the enormous increase in the annual income threshold for personal income tax waivers and the reduction of Value Added Tax rates. The fourth was the government's nationwide adoption of the organic farming policy, which had a significant negative impact on yield. The fifth was that the tourism sector is experiencing severe problems and fewer foreigners are visiting the island nation regularly due to the impact of the Covid-19 pandemic.1,044 views -
Emotional Distress and Claim in Law of Torts
Student at Dharmashastra National Law University, IndiaPages 669 - 677This article will analyse the concept of emotional distress which is caused due to physical injury in torts. Traditionally, emotional anguish has been characterised as "parasitic" in nature and is only understood through the lens of a physical damage. The significance of acknowledging emotional suffering as a separate cause of action was realised as a result of shifting social perceptions. A person's physical and mental integrity can be violated, and the plaintiff can suffer a corresponding loss. Today, this tort is widely recognised as a distinct cause of action in the majority of legal systems around the world. Hence this article will discuss the different torts which cause emotional distress to the plaintiff through various case laws related to this. Also, this will discuss that whether emotional distress is taken into consideration or not under torts. Then this article will also discuss the cause of action and various grounds for claim of damages under emotional distress in torts. This paper will also be throwing light on remedies available for emotional distress in torts.1,680 views -
Role of Health Workers in the Covid Pandemic
Student at Hidayatullah National Law University, IndiaPages 678 - 686The Covid-19 Pandemic has again reminded all the people of the country and the world of the importance of health workers and it has again sought the question of the safety and health of the health workers during the Pandemic. The main issue in the country is the problem of Human Resources stretched in the Health Sector as only about 40 percent of health workers serve in the rural region where the most population of India still lives. It presents a situation where low workers and the high number of patients in a time of pandemic is high which causes bouts of violence. The anxiety, fear, and misinformation regarding the Covid treatment and how it is spread is rampant and the frustration regarding the lockdown has put a stopper in the patient mobility which has led to frustrations which in turn brings out the violence in the situation. It is also the responsibility of a citizen of India to not do any violence towards doctors and to not obstruct any kind of practices be it vaccines or treatment of covid-19.856 views -
Pages 687 - 711The Facebook social network is an emerging and young phenomenon that accounts for half of Afghanistan's Internet users. This research has been done about women's behavior in cyberspace and the roles that women show of themselves, especially on Facebook, based on Judith Butler's perspective of gender confusion. This research method is a survey and a questionnaire used to collect data. The statistical population of the research is the female citizens of Sheberghan city, and the research sample size is 384 women using Cochran's formula. The relationship between the presence of women and culture, ruling traditions, patriarchal discourse, and social norms are the hypotheses of this research. The study's findings showed a correlation between the presence of women in social networks and the works of the ruling culture and traditions. RK=0.072 shows a positive sign that the effects of culture and ruling traditions greatly impact how women are present in social networks. There is also a positive correlation between the presence of women in social networks and the discourse of the patriarch; RK=0.061 gives a positive ratio that the discourse of the patriarch affects the presence of women in social networks. Also, there is a positive correlation between the presence of women in social networks and the effects of social norms, with RK=0.055 for the positive relationship, which shows that the effects of social norms impact the presence of women in social networks. Also, from the results of this research, it was found that there is a positive relationship between marital status, income, the field of study, and education status over the presence of women.1,242 views
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Historical School of Jurisprudence: An Intriguing Province
Assistant Professor at KES’ J.H.P. Law College, Mumbai, IndiaPages 712 - 722The research paper in focus travels through history to learn about the development and rise of the Historical School of Jurisprudence in France, Germany, England and India. It touches upon various aspects of the school, such as its relevance in developing law and as well its use as a tool for judicial interpretation, unearthing its clear departure from the Natural School and the Analytical School in Europe, and finally casting some light on the criticisms it received from various scholars. One cannot refute its importance within the confines of the court and outside, thus seeking to create a balanced approach to understanding the depths of this intriguing province.1,393 views -
The Special Marriage Act 1954: A Critical Examination of its Constitutionality and the Need for Legislative Action
Student at O.P Jindal Gobal Law School, O.P Jindal Global University, IndiaPages 723 - 731This research paper aims to examine the experiences of individuals in interfaith relationships in India and the issues and challenges they confront. Despite the legal recognition offered by the Special Marriage Act of 1954, interfaith couples continue to face significant challenges and societal pressures. The paper will analyse the impact of societal pressures and recent changes in legislation on interfaith marriages and explore the urgent need for legislative action to protect the rights and interests of couples marrying under the act. The study will also present recommendations to address the issues faced by interfaith couples in India, including the need for amendments to the act to truly uphold the principle of secularism and empower couples who choose to marry under it. The paper argues that only by providing fair, just, and rational legislation that does not succumb to societal pressure can couples from different religions and groups be encouraged to marry under the act and achieve the country's ideal of true secularism.1,631 views -
Conviction as a Ground for Divorce
Student at His Highness Maharajas Government Law College Ernakulam, IndiaPages 732 - 738Marriage was once considered as a permanent union. In the present world, marriage has assumed the role of a contract between two adult individuals. Though marriage is still based on personal laws largely derived from religious order, marriage has transformed itself to the characteristics of a civil contract. Consequently, gone are the days when cancellation of this contract, widely known as divorce, is considered as a social taboo. Inter-alia with all other contracts which demanded a ground for its cancellations, the cancellation of marriage too needed certain grounds. With the passage of time, the grounds got altered. Some new grounds are created, while some grounds are dismantled. This article argues for the introduction of conviction as a ground for divorce. At present, The Hindu Marriage Act 1955 and Indian Divorce Act 1869 do not have any express provision regarding convicted spouses. But, The Dissolution of Muslim Marriage Act 1939 and, The Special Marriage Act 1954 contains provision for divorce if the husband has been under imprisonment for seven or more years. Interestingly, only the wife can claim divorce. To put it in another perspective, the husband can never claim divorce, even if the wife has been convicted for any heinous crime. Thus, it is evident that a wife cannot bring forth the ground of conviction as divorce if the husband has been convicted for less than 7 years. Inter-alia, husband cannot bring forth the ground of conviction as divorce against a convicted wife.21,355 views -
A Critical Study for Sexual Harassment of Women at Workplaces: From Legal and Preventive Perspective
Pages 739 - 749In India today, sexual assault and harassment are the two most common types of violence against women. Sexual harassment, which was legalized in 1976, is acknowledged as a type of bias against women on the basis of sexual orientation. Additionally, this includes unwanted and sexually motivated behavior such as unwanted physical contact and advances, requests for or demands of sexual favors, remarks with sexual overtones, the display of pornography, and other unwanted physical, verbal, or non-verbal conduct of a sexual nature at all workplaces where women are employed in the public or unorganized (private) sectors of government. In the past, sexual harassment against working women was not reported as a crime because it typically does not involve a public presence. As a result, these crimes were classified as "Dark figures of crime" and "Noiseless crime." To stop these kinds of harmful actions against women, the government passed many laws and established a preventive system. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which was just put into effect, aims to safeguard women from all forms of sexual harassment at their places of employment in the public and unorganized (private) sectors. Therefore, the purpose of this paper is to offer some recommendations to the government on the appointment of a monitoring team to visit both government offices and the unorganized (private) sector. Additionally, NGOs, the media, academics, and other non-profit groups should be raising awareness and carrying out monitoring tasks to stop harassment of women at the workplace. At this point, the descriptive research methodologies used in this study will be combined with secondary data gathered from books, journals, magazines, relevant statistics, laws, and online sources that are linked to women's harassment.908 views -
Role of Artificial Intelligence in Meeting Consumer Demand in E-Commerce
LL.M. Student at Christ (Deemed to be University), Bengaluru, IndiaPages 750 - 758Technology's introduction and use in business have transformed operations across industries. Notably, significant technical advancements in e-commerce try to sway consumer behavior in support of particular goods and companies. The use of artificial intelligence (AI) has emerged as a crucially new tool for product personalisation and customisation to satisfy particular needs. To get a thorough knowledge of the concept of explainability as it has been applied by scholars in the area of AI, the study employed the usage of word cloud analysis, voyance analysis, and concordance analysis. This study is driven by corpus analysis and establishes the framework for a consistent front, advancing the development of Explainable Artificial Intelligence (XAI) models. In order to build on explainable XAI systems, this study recommended that ML models be reinforced by making them explanatory.1,316 views -
Human Rights of Undertrial Prisoners with special reference to the Role of Judiciary in India
Advocate at District and Sessions Court Ludhiana, IndiaPages 759 - 766Human dignity is the spine and the spike of human rights, as well as the very foundation upon which they are built. Human rights are the fundamental rights to which every man and woman born anywhere in the world is entitled simply by virtue of being a human being. Human rights are available to everyone, regardless of caste, religion, gender, race, or birthplace. In our society, anyone who commits an offence or a crime should be punished through the criminal justice system. In modern times, the state has taken on the responsibility of providing adequate security for individuals as well as a reasonable opportunity for each individual to develop their own identity. The purpose of this study is to understand the plight of undertrial detainees through the perspective of human rights and judicial efforts.912 views -
Challenges in India’s Foreign Investment Policies
LL.M. Student at Osmania University, IndiaPages 767 - 778The world market became a local market after many nations, including India, liberalized their trade laws in 1991, and the inflow of foreign investment increased significantly. In this way, the idea of foreign investment has evolved. Foreign investment is the majority owner of a company in another nation by an investor based in that country. Further, FECA, 1947, and FERA, 1973, relating to foreign investments, were initially adopted in India. Later, these laws were repealed and replaced by new laws known as FEMA, 1999, and Foreign Contribution (Regulation) Act, 2010, as well as other related laws like the Securities Contracts (Regulation) Act, 1956, and Companies Act, 2013. To develop new laws that are advantageous to the nation and desirable to foreign investors, as well as change current laws, is necessary. Foreign investment can be viewed as a benefit for both developing and underdeveloped nations since it attracts capital to businesses, which in turn helps the economy of the nation by covering the funding gap. Additionally, the received foreign investment not only provides capital but also makes high-level technology and an increase in job prospects possible. Both countries receive benefits in exchange for foreign investment, including the capital, resources, markets, etc. However, many challenges with foreign investment in India, including a restrictive FDI framework, high import tariffs, and centralised decision-making.2,139 views -
Enjoyment of Rights by Creators and Producers: Concept of Co-existence of Rights – With Special Reference to International and Indian Position
Assistant Professor at IUCIPRS, CUSAT, IndiaPages 779 - 784Copyright is an intellectual property right granted to all the creators of an” work”. However, these rights are normally mutually dependent. For example, there cannot be an Cinematographic film without a literary, dramatic and artistic work involved, and all these works are independently created by different authors who are vested with independent rights. This makes it clear that the exploitation of film entails the exploitation of the other underlying works too, and thus the rights need to co-exist while the exploitation takes place. This will make sure that the independent authors are adequately remunerated for their contribution to the whole work. The international and Indian position regarding the same often exists in a dubious manner, and it is the aim of the paper to shed light on the same.1,023 views -
A Conundrum of Constitutional Mandate and Discretionary Powers of a Governor in the Event of a Hung Assembly
Student at Symbiosis Law School, Pune, IndiaPages 785 - 792The office of the Governor is a constitutional one, he is not considered as one belonging to the legislative organ, but he is reckoned to be the head of state executive structure. The main aim of the Governor is to support the concerns of both- the States and the Union and to ensure a continuous flow of powers with no overlap. The Governor stays in office at the pleasure of the President and, hence attributes his appointment to the President. To facilitate an effective balance of powers between the union and state, the Indian constitution has accurately given some powers to the Governor. Nevertheless, there have been several occasions wherein the Governor has misemployed his constitutional powers, one such occasion being at the time of appointment of the Chief Minister of a State in a situation of a hung assembly. Hence, the main objective of this paper would be to analyse the scope of discretionary powers of a Governor with respect to a hung assembly in light of contemporary events. Also, the paper will lay down the judicial developments in this regard and what innovative solutions can be implemented to resolve this State-Governor dilemma.1,066 views -
Water Policy and Action Plan for India by 2030
LL.M. student at Osmania University, IndiaPages 793 - 801Right to access safe drinking water is an intrinsic part and parcel of Right to Life and Personal Liberty guaranteed by the Indian Constitution. The present paper briefly outlines the Pre-Colonial and Post Colonial Water Policies in India and the strategies implemented to overcome the water crisis. The water crisis plays a dominant role which leads to extreme weather events, such as droughts, famines etc., that affects the country's development. The Central Government has the power only to deal with Inter-States River Water Disputes since the subject "Water" falls under the State List whereby the states have been given the power to enact laws and policies to deal with water crises which ultimately limits the powers and role played by Central Government in improving water management. 'Water' is a subject of the State List; there is no uniform Water Management Policy throughout India. The Niti Aayog's report reveals that the country is facing a serious water crisis and assesses that major cities will reach zero groundwater levels by 2020. It also assessed that more than 600 million people are facing water shortage, and the country’s water demand will be twice the available supply by 2030. The current paper analyses the previous National Water Policies and provides suggestions for Action Plan for 2030 for better achievement of water management.977 views -
A Study on Taxation of E-Commerce in India
LL.M. Student at Christ (Deemed to be University), Bengaluru, IndiaPages 802 - 812There is an urgent need for new IT security solutions/models in the aftermath of e-business and worries regarding its impact on tax collection. E-commerce is a method of doing business or creating a contractual relationship between customers and sellers without any of them having to meet physically. Business has undergone a revolution due to this new method of doing business, which is quickly taking over as the standard method for doing business around the world. The taxing authorities all around the world have been challenged by this. Our attention is focused on the problems with online transaction taxation. This study will first discuss the tremendous surge in E-commerce activity in India before discussing the global initiative for E-Commerce taxation. Then, in relation to E-Commerce Transactions, we will examine the existing laws in India, in particular, the Income Tax & VAT Act and the Goods and Service Tax.7,610 views -
Pages 813 - 816Today we see everything around us being developed and digitalized, and sometimes we feel very fascinated about everything. It is clear that where there is digitalisation, there will be curiosity. Now, one wonders why there is tons of paperwork if everything is digitalised, specifically in making deals or contracts? It is true that paperwork causes a lot of hassle and it’s difficult to keep track of papers considering even if one paper gets lost it becomes tragic to make an account for all papers So, in today’s modern world there is a solution for everything we have to click and tap. A smart contract is a solution which can replace traditional contracts. Now after the introduction of the term ‘Smart Contracts’ we can imagine from its name that the process of making contracts will now be much easier and hassle-free because the artificial intelligence technique (herein referred to as “AI”) will automatically decide what is legit and what is not.12,471 views
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A Critical Study Based on How to Start a Startup by Entrepreneurs in India
Student at Uttaranchal University, Law College Dehradun, IndiaPages 817 - 827Emerging in a developed country, “startup India” aims at promoting and growth of startups for drive in the growth of sustainable development and growth in the economy, and the Government has provided various Schemes for startups by offering loans at reasonable rates development of business provide tax exemption on startups etc. In this paper, we talk about principles of registration, exemptions, and challenges, facing the challenges various schemes given by the government of India. In today’s scenario, around 50000’s startups started in India; according to reports in 2018 and 2021, a very huge response has been coming to start their own startup. For example, many people leave their own job from their companies and start their own startups like UDAAN, FLIPKART, BOAT, BHARATPE, OYO, ETC.1,252 views -
Artificial Intelligence and the Evolving Notions of what constitutes Art
Advocate at the Bar Council of Maharashtra & Goa, IndiaPages 828 - 832Since the last couple of decades, scientists, engineers, and several artists have been exploring writing computer programmes that can generate art. It is therefore pertinent to study the integrity and reliability of this art genre along with the aspects of its creation, are still inscrutable concepts which require intensive practical and academic investigation. In the article, the author explores what constitutes “algorithmic art and what would be the implication of the same on the authorship and ownership of intellectual property among humans; this article also addresses the issue of an absence of appropriate laws and regulations which deal with and govern the realm of art, artificial intelligence, and law.1,265 views -
Issues with Rape Law in India
Student at O.P. Jindal Global University, IndiaPages 833 - 842In this paper, I have discussed three existing problems with the Rape law of India. While talking about the first problem which is the law not being gender neutral, I have discussed how the law is still based on the patriarchal mindset that only a man can rape a woman, whereas the reality is that the current statistics showcase that even men and transgender people are subjected to the crime of rape. Through this discussion, I have argued that even women can be perpetrators of rape, and the definition of 'victim' must be amended to include transgender people and men. The second problem that I have discussed is the incestuous rape law not defining who a 'relative' is. POCSO elaborates on the definition of who is a relative, but it only safeguards children. The law on incestuous is also incomplete in the aspect that it does not treat sexual assault by a relative as an aggravated offence. I have also argued why incestuous rape should be treated as an aggravated offence, considering how the involvement of a relative that is a relationship of trust and dependency psychologically traumatises both the family and the victim, and at times the victim is silenced because someone from the family is involved. Thirdly, I have argued how the law on rape is obsessed with penetration, whereas, in my opinion, the law on rape should not be based on whether there was any penetration instead, the question which should be asked is if a woman’s sexual autonomy was violated.1,071 views -
The Ambivalences of the Collegium System
Student at UILS, Chandigarh University, IndiaPages 843 - 846The appointment of judges by the judges has always been an utmost concern for the government and they have consistently criticized the way of these appointments. There is a considerable amount of history to be associated with the appointment of judges, and that extensive history of arguments, judgements and opinions led to the birth of the Collegium System. This system has always been in a point-blank range of criticism not just by the government, by the citizens as well, yet the system is persistent and always prevails. In this article, I have enunciated the concept of the Collegium System, its concise evolution, the grounds on which this system is criticised, the proposed alternative and my coherently articulated opinion on the system and how its ambivalences can be countered to ameliorate the collegium system.986 views -
A Comparative Analysis of Rule of Law in U.K. and India
LL.M. student at National Law University, Dwarka, Delhi, IndiaPages 847 - 859“The rule of law” term is vivid, unlike its definition. Many jurists, judges, and research scholars have made efforts in locating the true contours of the concept of rule of law but given the fact that it evolves in accordance with the sociocultural context of a given territory, has rendered its definition almost impractical. This research paper is substantially oriented to pin down factors responsible for Darwinism of the rule of law in the U.K. and India, considering their historical and social-cultural context. That, how the concept of the rule of law has shaped the legal systems of the U.K. and India. It is quite an unfeasible task to discern who has the perfect compliance to the concept of the rule of law; rather, looking into the substantial compliance to the rule of law would be more productive. This research paper aims to critically compare the existence and productivity of the rule of law within the legal systems of both nations and how these two legal regimes have been proficient in enhancing and delivering the ice to the people by officially recognising their Fundamental rights and liberties, thus, shaping the contours of the concept behind the term “rule of law”. The judiciary retains substantial credit for giving meaning and real existence to the concept of the rule of law. As far as the credits for the concept of the rule of law are concerned, the researcher has tried to break the fallacy that A.V. Dicey has given the concept of the rule of law. And the concept of the rule of law is far from being a final product; it is still a “work in progress” for the very reason that with the change in time, the rule of law too donned characterised itself as dynamic and it will keep up with changing needs of the society, thus, making it further difficult to assign it a single conclusive definition.1,287 views -
Role of Criminal Law as Prohibitory and Regulatory Mechanism
student at National Law University, Dwarka, Delhi, IndiaPages 860 - 869The definition of liberty in itself is uncomplicated but the definition of liberty when tested in regard to different acts and circumstances turned out to be a cumbersome task. The idea of liberty is bound to vary given the nature of an act intended to pursue. While exercising liberty, one must make sure that his liberty is not in any way encroaching upon the freedom of others, or otherwise, the whole purpose behind the concept of liberty would be defeated. This research paper aims to locate the actual meaning of the term “liberty’ and whether it ought to be absolute or not in light of Berlin’s Two Principles of Liberty. The researcher also critically analyzes the role of criminal law as a prohibitory and regulatory mechanism that how & why there arose the need to prohibit and regulate the aspects of liberty. The researcher supports the idea of regulating the crime and criminal elements of society via State intervention in order to secure social cooperation among the members of society and to avoid social chaos in society. Given the fact that the state has the capacity to restrict liberty and enlarge the scope of liberty at the same time. The very underlining aim of liberty is equality in freedom to ensure and to enlarge the scope of fundamental freedoms and liberties.929 views -
Intellectual Property Rights and Artificial Intelligence
LL.M. student at Amity Law School, IndiaPages 870 - 879In the rapidly advancing and technologically aware society of today, artificial intelligence systems have been making significant headway in obtaining widespread adoption. As more and more complex technology is merged, it won't be long before these systems are able to develop incredible innovations without any assistance from human beings. This not only casts doubt on conventional understandings of ideas like patents and copyrights, but it also raises issues regarding the control of such creations, among other things. Important considerations about intellectual property rights (IPR) should be given due to the fact that this casts doubt on conventional understandings of ideas like patents and copyrights. This paper intends to provide light on the evolving intellectual property rights laws' application to artificial intelligence as well as the challenges that have resulted from this application. The study takes a worldwide view on the subject. Additionally, it proposes solutions that extend beyond intellectual property rights in order to address concerns regarding criminal liability for content generated by similar technologies. Furthermore, a more in-depth discussion of copyright difficulties in relation to AI solutions is included in this paper, along with an emphasis on how patent restrictions relate to Artificial Intelligence systems.1,060 views -
Evolution and Growth of Assistive Technology for Well Being of Individuals with Special Needs
Advocate in IndiaPages 880 - 886Assistive technology is an equipment or a device which enhances the living standard of people with special needs. The evolution and growth of technology had led to the formation of Assistive technology. There are different kinds of assistive technology such as Braille, Prosthetics, Screen Readers, Wheel Chair, Power Lifts etc., which are suitably created for different Levels and kinds of Disabilities. Assistive technology has created a great impact on the life of people with special needs, thus enhancing their lifestyle and promoting independence. Several International, National and State Treaties, Conventions, Laws and policies have made a revolutionary change towards the implementation of Assistive Technology worldwide, leading to the empowerment of People with Special needs. This Research paper confers a detailed study on the Evolution, Importance and Impact of Assistive Technology in the Life of People with Special Needs and the shortcomings faced by them in attaining and using assistive technology. The Researcher used a Qualitative form of Methodology to enhance the reader’s insight into the findings of the true nature and impact of Assistive Technology in our today’s Society.897 views -
Human Rights Crisis: A Study of Refugees, Asylum Seekers and IDPS in Asia and Europe
Law Graduate from University Institute of Legal Studies, Panjab University, IndiaPages 887 - 897The barbarism that individuals are just objects of International Law and only states are the subjects through which individuals can seek their human and international rights, is a concept of past and has no vindication now. This research paper revolves around the situation of stateless persons, asylum seekers, refugees, and internally displaced persons [“IDPs”] who stay in a constantly threatening atmosphere, are devoid of human rights, and struggle hard for a stable life. Delving deep into refugee law, this paper will underline that the rights of refugees and IDPs are robustly tethered with International Human Rights Law, and it cannot be said that the latter is being followed without the realisation of the former. Adopting a holistic approach towards the problems faced by these strugglers for their homes, this research paper puts light on the recent and present crisis in Asian and European countries such as Syria, Myanmar, Afghanistan, Ukraine, Russia, Turkey, etc. Furthermore, there is a traverse across the Asian and European frameworks of tackling the severe lacerations on human rights caused due to a large influx of refugees and internal displacement of persons. The solution lies in the collective efforts by UNHCR [“United Nations High Commissioner for Refugees”], International Organisations, human rights advocates, and other performers with a threefold typology of manoeuvres which include providing effective and constant aid to the ones who are being tormented by promoting voluntary repatriations and other means, spreading awareness so as to inculcate the profound emotions of empathy which would stimulate local integrations, and issuing powerful sanctions for the ones who defy human right law.1,001 views -
Critical Analysis of Fraud and Negligent Misstatement in Law of Tort
Student at School of Law, Narsee Monjee Institute of Management Studies, IndiaPages 898 - 904The purpose of the Research paper is to deal with the fraud and the negligent misstatement in law of tort. It also explains people opinion and view on fraud and misstatement in last decades and the view of people in current scenario. It also shows what a small negligent misstatement in a word which has the smallest meaning can change the entire judgement and provide injustice to an innocent person also. The conclusion speaks about writers’ suggestion on the topic and how important is it to write a correct judgement without any falsification in writing. The research paper makes use of theoretical data as well as articles and other literature works on fraud and misstatement in tort in explaining the views on misstatement and fraud happening in tort. The finding and results on the misstatement and fraud show that there were some cases were small wording error has resulted into wrong decisions.1,052 views -
Cryptocurrency in India with special reference to Internet and Mobile Association of India v. Reserve Bank of India
Student at Amity Law School, Noida, IndiaPages 905 - 921The Fintech industry is leading this surge at a time when there are technological advancements progressing at a very high rate. From online stock trading platforms and mobile banking to cryptocurrencies, which is without a doubt the most sought-after. Virtual currencies ("VC's") like Bitcoin, Ethereum, and other similar coins have seen a sharp rise in popularity in recent years, both internationally and in India. Cryptocurrencies’ decentralised nature ensures that no single entity, such as a government or central authority, has complete control over the currency. With everything being accessible online, the advent of cryptocurrencies allowed people to purchase, sell, invest, and trade in a type of money that had no physical counterpart. Indians have invested more than USD $1 billion in the cryptocurrency market, despite the fact that the legal status of cryptocurrencies is still a matter of debate. This lack of clarity on the part of the government about where cryptocurrencies stand today and what their future holds has led to investor confusion. A strategically framed legal framework is required for the regulation of virtual currencies both within and outside of the nation, as evidenced by the rising use and interest of these currencies. VCs decentralised and anonymous nature creates issues with rules and regulations. Other threats are being accelerated by cryptocurrencies, like laundering of money, putting in money for terrorist activities, and evasion of tax, which requires immediate attention. The author has attempted to highlight the legal and public awareness issues surrounding cryptocurrencies. This paper also focusses on the jurisprudence aspect of cryptocurrency by majorly focussing on the case law Internet and Mobile Association of India v. Reserve Bank of India. The legal issues and challenges are highlighted in the paper, along with potential solutions, based on the analysis of the current laws.1,212 views -
Fundamental Rights of Indian Constitution
Student at School of Law, Narsee Monjee Institute of Management studies, IndiaPages 922 - 928The purpose of studying the Fundamental Rights of Indian Constitution and Constitution is to understand and study what are the norms, rules and regulation which govern the country, how are they the basis on which the laws are formulated. The study of fundamental rights of the Indian constitution is important to make each and every individual aware of what constitutional rights are available to him that he can follow without anyone’s force on him. The research paper also tells what the various allegations on the fundamental rights of the nation and further the court cases and judgement of the supreme court in response to the controversies were. The research paper will make use of theoretical data along with some factual details of the Indian constitution and some details from court judgements. It will also indirectly show public opinion on the Fundamental rights of India. The fundamental rights of the Indian constitution have left a very positive impact on the public of India; some people do have complaints about the fundamental rights of one of the world’s greatest, longest and the most detailed constitution, but the court proceeding have cleared all the doubts and confusions regarding the same topic. The end result shows that the Fundamental rights of the Indian constitution have a very good effect on the Indian nationals and adhere to the needs of all the citizens; some complaints were their, but they are still resolved and worked up correctly.1,072 views -
Ratio Analysis of Tata Motors
Student at School of Law, Narsee Monjee College, IndiaPages 929 - 937Purpose: The study of Ratio analysis of Tata Motors, will show what does the different types of ratios mean in different heads and the analysis of tata motors by the ratios shows the financial condition of the tata motors in the current financial period as compared with the previous financial year, that is comparison of company’s status of assets and liabilities in the current year which is 2022 and previous year which is 2021. Design and Methodology: The paper makes the use of theoretical data for explaining various types of ratios under different subheads like liquidity ratio. It also uses mathematical data like figures and decimal values for explaining company condition and changes since the last year as compared with march 2022. Finding and Results: Tata Motors company has shown a significant improvement in its stock as well as sales which can also be reflected in its ratios analysis. Tata Motors is an ever time flourishing company and always adapting in difficult situations as well.1,320 views -
Notes from Emma Degraffenried v. General Motors Assembly Division: Making a Case for Laws Curbing Discrimination for Indian Women
Student at School of Law, AURO University, IndiaPages 938 - 946The structures of discrimination have been built on the foundation of complex identities, there is no single variable which faces the ire of all the prejudices a society possesses, however, in 1989 Kimberle Crenshaw gave for the concept of intersectionality which examined the interconnected nature of identities on which an individual can be discriminated against, in words of black British Scholar and sociologist, how these variables articulated with one another, forming a complex identity, nowhere other than in the fields of employment and labour can such discrimination be observed, there have been countless instances around the world wherein marginalised women of their respective nation have been able to secure better rights as compared to their Indian counterparts, this paper will argue that Indian women, especially women who are prone to be marginalised due to their layered identities, are discriminated against, this paper will further propound as to how international conventions like CEDAW can help bring about development of a platform which might act as a catalyst for a more profound change in the framework of employment, this paper will take the example of working conditions during nightshift for women in order to illustrate the disparity in opportunities faced by oppressed genders.1,492 views -
Whistle Blowers Protection under Corporate Governance System
Advocate in IndiaPages 947 - 1006A good corporate governance system forms the basis of a long-lasting business by providing better transparency in the system. This clear lens not only allows for a healthy working system but further helps develop more confidence amongst the investors of the company. To ensure there is no leak in the system and to ensure a clean business, the Whistleblowers play a major role in the organisations. These individuals are the ones that fight injustice within organisations and make them do the right thing. However, this too has its own set of challenges. This paper will allow you to better understand the current state of the Whistleblowing system across India and will also provide for a comparative analysis amongst counties like USA, Australia & New Zealand. It will further takes into consideration the importance of whistleblowing with respect to Insider Trading activities. To provide for a better analysis, an Empirical study was also conducted with subjects ranging from different age groups, backgrounds and experience with respect to their confidence in the notion and standards of protection of a whistleblower in the corporate system.1,015 views -
World’s New Battleground
Student at O.P. Jindal Global University, IndiaPages 1007 - 1012This article explores the current geo-political scenario which is creating a storm in the South China Sea. It explicitly discusses China’s foreign policy with respect to the South China Sea. The region has received global attention because of the fact that more than US $ 3 trillion in trade passes through it. China adamantly desires complete control of the region. The sea route is akin to China’s lifeline because 80% of its energy imports are routed through the region. It emphasises historical claims to the region. However, as a matter of fact, they date back to 1947 only. The government of Chiang Kai-shek drew the "eleven-dash line" on Chinese maps depicting the South China Sea. In 1953, the People’s Republic of China modified Chiang's conception into a "nine-dash line" by erasing two dashes in the Gulf of Tonkin. China’s claims are in contravention of international law, which does not recognise claims based on historical rights. It uses a strategy that it deems a cabbage strategy to capture islands present in the region. It surrounds the islands with as many ships as possible to cordon off access to it. Moreover, satellite images show Chinese ships pumping sand and rocks to construct artificial islands. It is converting underwater reefs into military bases by making artificial islands. Such activities have led to a tussle in the area between major superpowers like USA and China. An all-out war between these nuclear heavyweights seems improbable at this moment. However, any flare-up in the region can escalate the conflict. Regional countries have a crucial role to play in such skirmishes. They tend to make their maritime claims vague, thereby maximising their maritime territory, which makes an amicable resolution of the dispute extremely strenuous.849 views -
Pages 1013 - 1022Women with disabilities are entitled to the same reproductive and family planning education as any other woman, so that they may realise and enjoy the full range of rights guaranteed to them by the Convention. UNCRPD recognises the right to reproduction and access to sexual and reproductive health rights. The right to abortion for a mentally retarded woman was considered by the Supreme Court in Suchitra Srivastava’s case. The court also considered the scope of the state’s Parens Patriae jurisdiction in the case of the right to abortion. Sec. 3(2)(i) of the MTP Act is also analysed. Women frequently face obstacles while trying to receive treatments for reproductive health, and the healthcare system's lack of readiness often has a negative impact. The right to access reproductive healthcare and the right to privacy available to pregnant women with disabilities is analysed. Even though UNCRPD provides the right to have a family and to procure children, forced sterilisation is common with women with disabilities. The right of disabled women to get pregnant and to have children, like abled women, is acknowledged. As per Art.22 of UNCRPD, the right to have the privacy of a disabled woman is usually at stake as she has to depend on caregivers for her medical check-up.1,166 views
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Data Privacy in Data Driven World
Student at Amity Law School, Amity University, Patna, IndiaPages 1024 - 1028Internet in India has a fascinating history. It has been observed that there has been a tremendous growth in the internet users over a period of time. According to one such report by University of Pennsylvania, it has been observed that the number of internet users have rose from 394 million to 1.858 billion in the time span of 9 years from 2000 to 2009; since then, the numbers have grown rapidly. Today it can be said that the internet has provided us with a parallel universe giving us a digital identity for every individual. Internet and social media have become a base platform for many businesses, with almost 2 billion websites worldwide. Our daily lives are somehow represented on these virtual platforms. For many people internet and social media are their livelihood, their bread and butter to survive in this fast-growing world. Here comes the role-play of Data Privacy. In this fast-growing world, many people are unaware of this concept of data privacy. This Article basically explains about the people’s dependency on internet, why data privacy is important in today’s world and what are the laws related to the protection of our digital identity on a virtual platform. This Article also talks about the Bills which were introduced in the parliament for data protection. In the end this article also raises a question are all these laws sufficient enough to protect us from getting exposed virtually?844 views -
The Constitutional Aspect of Compensatory Jurisprudence
Student at SVKM’s NMIMS School of Law, Indore Campus, IndiaPages 1029 - 1037Compensation meant to provide the aggrieved party with an equivalent or with the substitution of good which is equal in value which is necessary to restore an injured party to his former position. “It can be in form of an act where a court orders to be done, or money which a court or other tribunal orders to be paid, by a person whose acts or omissions have caused loss or injury to another, in order that thereby the person damnified may receive equal value for his loss, or be made whole in respect of his injury. In developing Compensatory Jurisprudence in India, the law offices/committees such as the Law Commission and Committees on Reforms of Criminal Justice have played a great part by presenting their reports after due discussions and studies made on these crucial aspects of the law. Plenty of reports have been submitted on the Indian Penal Code of 1860 and the Code of Criminal Procedure of 1898 and 1973 by The Law Commission of India in its hitherto and has deliberated on the topic of victim justice and made several recommendations for change.” The paper has tried to cover every angle of the topic, from its genesis to its evolution. Also, in the analysis chapter of the paper, the audience will find that the author has even mentioned the law commission’s reports which are presented in different years, such as-156th Report Of Law Commission, 1997, 226th Law Commission Report, also, mentioned the important cases which are the precedents to this compensatory jurisprudence, the cases such as Rudal Shah v. State Of Bihar, Bodhisattwa Gautam v. Sublhra Chakraborty, etc. have been analysed in the paper. Further mentioned the acts which were enacted in the past as a gesture to compensate the section of society.1,084 views -
Critical Analysis of Right to Privacy in India
LL.M. (Constitutional Law and Human Right) student in IndiaPages 1038 - 1052The current state of privacy and data protection concerns can be viewed in light of technological development and legal dynamism. Privacy means not interfering with other people's interests. Because of advancements in technology, privacy has become a concern for every individual, and it also places a strong emphasis on data protection. Individual liberty is a focus of data protection, and the intrusion of a stranger jeopardises this liberty. The individual's activity must cease in any way possible by the stranger to the individual. The constitution can be used to confirm any new phenomenon's fundamental legal requirement. The Indian constitution places a greater emphasis on the right than on duty. Consider it a right-based strategy for placing an emphasis on data protection. The new area of law will take some time to become effective because India is a developing nation. The Right to Privacy, Right to Information, Information Technology, Indian Penal Code, National Security, Intellectual Property, Corporate Affairs, Consumer, and other areas are the primary focus of the data protection issue. The research project's goals are to investigate the rightful legal status of privacy and data protection in India. In recent times, the constitutionality of data protection and privacy has received a lot of attention. Because of this, it is necessary to provide a unique status within the legal framework. To provide sophisticated privacy protection, it is necessary to investigate the effectiveness of the current legal framework. It investigates how the encroachment of data protection in relation to other laws has affected individuals' rights. The idea behind this topic is to link the concept of India to other countries.1,225 views -
Rethinking the Place of International Humanitarian Law in the Protection of Displaced Children during Humanitarian Crisis
Senior Lecturer at University of Dschang, Department of English Law, Dschang, CameroonPages 1053 - 1067Humanitarian Crisis in its own nature and nomenclature has produced devastating effects and most of those affected vulnerable persons in which children as a minority group are comprehensibly and unsurprisingly strongly affected by the effects of armed conflict. This negative experience by children becomes precarious for these children in situations as most of them are separated from their families. As a maiden remark, it should be acknowledged that while the effects of armed conflict are not always noticeable and quantifiable in children, they remain present and multi-dimensional to such an extent that it would be extremely ambitious for any legal or normative framework to pretend to tackle them holistically. For those separated from their families, the risk of abuse and exploitation mathematically increases. In that sense, the quality of the experiences does not differ fundamentally between Displaced Children or refugee children in that they are both deprived of their primary role model, their parents. In legal terms, however, displaced children do not benefit from the same level of protection that the status of refugee affords. The otherwise clear-cut legal distinction of human rights law and humanitarian law between Internally Displaced Persons and refugees appears, nevertheless, increasingly complicated to distinguish in its practice as both ‘internal’ and ‘external’ conflicts result often in refugee flows into the neighboring countries.855 views -
Indian Domestic Courts Ascertaining of Customary International Law
Student at O. P. Jindal Global University, IndiaPages 1068 - 1074Within any primitive society, specific rules of behaviour materialize and lead to the prescription what is allowed and what is not. These rules developed subconsciously within the society are not codified at that time. But as the society modernized, it created a code of behaviour which would be upheld with the aid of legal machinery. This is how a custom has come to be and this ultimately gave rise to the Customary law. It’s a dynamic source of law in light of the nature of international system and the lack of centralised government organs. This article aims to analyse the international obligations that arise through the practices of customary international law, through a study of its growth timeline in the Indian jurisprudence. Further, the article provides suggestions on how the customary law is capable of improving within the Indian legal regime.1,084 views -
National Policies for Disabled People
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 1075 - 1083Disability is a significant public health problem, especially in developing countries like India. The increasing trend of non-communicable diseases and changing age structure with increasing life expectancy will increase this problem. The problems are different in developed and developing countries, and rehabilitation measures need to be tailored to the needs of people with disabilities due to social participation. In India, the majority of persons with disabilities live in rural areas and the accessibility, availability, acceptance, and cost-effectiveness of rehabilitation services are major considerations. Researching the burden of disability, appropriate intervention strategies and their implementation in the current situation in India is a major challenge. Current data were collected and analysed by Midline and various other sources. This paper describes various issues and challenges related to disability and rehabilitation services in India, emphasising the enhancement of health care and service delivery to persons with disabilities in the community.951 views -
Begging as Human Right vis-a-vis International Perspective
Student at Rayat College of Law, Railmajra (Affiliated to Panjab University, Chandigarh), IndiaPages 1084 - 1094Does anyone want to wake up in the morning, and beg for their life? Does anyone want to choose a life of uncertainty, where they don’t know whether they will get anything to eat or not? Every person has the right to live with dignity, but does any person want to leave this dignity and open their hands in front of strangers for their survival? Begging is a social problem and the root of many other crimes. Countries use a weapon of criminalizing to eradicate begging but whether it is right or not? As every person has a right to live, whether begging can come under the right to life or not? People who beg do not have any other option for their survival. In this paper, I discuss whether we can declare begging as a human right and what are the international view on begging. With this, I discuss the different strategies countries adopted to eradicate begging followed by the recommendations.1,199 views -
Re-Visiting the Stance on Euthanasia in India
Student at Rajiv Gandhi National University of Law, Punjab, IndiaPages 1095 - 1099Right to die has been a matter of controversial debate in India. In 2012, legalizing passive euthanasia stirred public opinion. While the proponents of euthanasia may see it as a progressive step but how can one justify the death of a patient which is caused by lack of food or treatment? Why the patient has to wait for his/her death while suffering even more but cannot have an immediate death? The total denial of the right to autonomy without due consideration of the unique state of affairs persisting in India is alarming. It is unacceptable to administer euthanasia according to the Supreme Court guidelines only without any comprehensive legal framework. Life is the most valuable asset which cannot be put to an end only because the medical practitioners or the relatives are of such an opinion. This article critically examines the position and various issues related to euthanasia in India.831 views -
Pages 1100 - 1109The present research paper deal with the crime against children specifically under POCSO Act, 2012. Here the researcher has thrown delight over mainly three Offences which covers under POCSO Act, 2012 namely sexual Assault, sexual harassment and pornography. Further, the Researcher has made an analysis of protection of children sexual offences Act, 2012 and for complete study over particular topic have taken the help of NCRB report and SCRB report. It was found that major crime head under crime against children, during 2020 data NCRB related to Kidnapping, Abduction. It was also found that the crime against children in the year 2021. The total of 1,49,404 case of crime against children were registered during year 2021 which is showing an increase of 16.2% over the last year.1,025 views
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Delegated Legislation in Indian Forest Act, 1927
Student at NMIMS, Navi Mumbai, IndiaPages 1110 - 1120‘When more Powers vest in the hands of the authority, the real purpose of the law is neglected’. The ultimate solution to this is delegation of power to different classes/ ranks of people in accordance with the statutes. Delegation of powers allow the authority to focus on other important matters and implementation of law is done in a better manner when powers are Delegated. This research Paper expresses the intention of one such live example of delegated legislation w.r.t. Indian Forest Act, 1927. The power/Authority which trickles down to various levels has certain advantages as well as Lacunae’s and this paper tries to bring forth those gaps. This research paper also lightly touches upon the newly tabled bill amendment bill of 2019. Analysis has been done using relevant case laws and live examples ending with suggestions.979 views -
Pages 1121 - 1134History is witness to the fact that the women were a subjected lot in the male dominated society and throughout the history, they were victims of discrimination, injustice, inequality and exploitation. Though the level of discrimination and injustice varied from civilization to civilization but what was common to all, was notion based on myths that the women are incapable of doing anything substantial to the society and consequently they were vehemently considered repugnant to gender equality and social justice. Therefore, it would not be exaggerated if we were to say that the women are oppressed figures in the history of mankind. Now, it can be unanimously agreed upon that the women have played a very significant role in nation-building additionally they have proved that they are not weaker section of society and how can they be weak? While they give birth to same male gender who consider them unequal and incapable. They are half of our population and increasingly an integral part of any nation and particularly whose central role in any society ensures stability, progress, socialization, transformation and long-term development for a country. We should condemn seclusion of women to the household while believing that without social, economic and political development of women, it would be very hard to come equalitarian and humanitarian outlook in the country. As Dr. Ambedkar emphasised on that “there could not be progress of a nation without the progress of women. I know what they can do to improve the condition of the society, if they are convinced. In the eradication of social evils, they have rendered great services."The role of women is at front of chain of improvement, leading the society’s long-term capacity and nation’s long-term development and its transformation towards transparent and equitable India, as the author mainly emphasized on these areas. The objective of this paper is to provide some better suggestions pertaining to socio-economic and political development of women as well as their emancipation from shackles of society and to find out social evils and false notions that led them towards oppression, exploitation, injustice and inequality.1,018 views
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CSR, Tax Evasion and Avoidance in India
Student at Symbiosis Law School, Nagpur, IndiaPages 1135 - 1148The phrase "Corporate Social Responsibility" has gained a lot of popularity recently. It stands for a person's or, in this situation, an entity's duty to advance society. Today's society expects businesses to care for both their customers and the environment in which they operate. Simply said, corporate social responsibility is a method of conducting a company that combines financial gain with environmental sustainability. Companies can support the environment in a variety of ways, such as by investing in social, educational, or cultural initiatives or by maximizing the potential of their human resource investments. This paper triggers how Companies and Corporate Houses in India misappropriate CSR funds to avoid paying taxes. There are two sections in the research paper i.e. Misuse of Social Responsibility funds, as well as the connection between tax evasion and corporate social responsibility. To add and grasp the topic, a thorough evaluation of tax evasion from the sight of morality and immorality is also shown in the research paper. The study draws its conclusions about this topic from statutory provisions, case laws, and case studies. The result is arrived at by examining data gathered from several journals, media reports, research papers, and other trustworthy web sources. This paper is focused on the causes of organizations, both public and private, misusing CSR funds and the way businesses engage in activities of tax evasion under the guise of CSR, even after the fact that doing so is unethical and against the law.1,588 views -
Female Genital Mutilation in India and the Developing World: A Cultural and Legal Perspective
Student at Symbiosis Law school, Nagpur, IndiaPages 1149 - 1159Civilization is wrought with examples of how women have been treated poorly. No sooner have we turned to our morning coffee than we see headlines regarding the rape of a woman. While these problems are indeed grave, they are a reflection of the callous nature of our society, especially with regards to the rights of women. In light of this, I would like to talk about an extremely controversial but significant issue. Female Genital Mutilation, as the name suggests, is a procedure that is done to ensure, among other things, a prohibition of premarital sex and relationships. The world health organization defines it as an act that involves the removal of the external female genitalia, partially or wholly, for non-medical reasons. Female genital mutilation is an extremely serious issue and reports from the world Health Organization state that over 200 million women from Africa and Asia have undergone this procedure. According to the same report, it would cost over 1.4 billion dollars a year to actually treat the complications that arise as a result of this practice in the top 27 nations that practice it. While Female Genital Mutilation has been expressly looked upon as a human rights violation by the world and the UN in particular. India is yet to examine this procedure from a criminal perspective. Female Genital mutilation is extensively practiced in India, namely in the Shia community of Dawoodi Bohra. This sect has over 1 million adherents in India and is the most notorious when it comes to the practice. In the Bohra community, the clitoral hood is mutilated or hacked off when the child is barely 6 or 7 years of age. This is done primarily to ensure that the woman does not “dishonour” the family by committing adultery. The logic behind this practice is rooted deeply in patriarchy and has no scientific backing whatsoever. The people who support this barbarous practice claim that a woman’s clitoris is the only organ that can feel nothing but pleasure and that this organ, as a result of it, is inherently evil. They state that if a woman leaves her clitoris unharmed, she will become a disloyal wife as she would be swept away by any stimulation of the clitoris done by any other man. Their idea being that women are mere slaves to their sexual desires and that the addiction for this stimulation would destroy marriages and relationships. As ludicrous as this reasoning may seem, it is sad to see that India is quickly becoming the international FGM capital of the world. This is primarily due to the patriarchal society that we live in and the lack of legislation restricting this repulsive practice. This article would look into this horrendous practice and criticize it extensively while also citing reasons as to why it occurs and why it ought to be banned in both India and other developing nations while providing a legal and cultural perspective to the same. A woman’s voice must be heard, no matter her age and maturity. We must all, parents and guardians included, understand that a NO means NO and calling FGM anything short of sexual assault is a flawed judgement.1,266 views -
Acid Violence and Medical Care in India: A Critical Analysis
Research Scholar at National Law University Odisha, IndiaPages 1160 - 1172India has been facing the highest number of acid attacks every year, however the government has failed to provide adequate medical care and assistance to the victims. The easy availability of corrosive substances, which can mutilate anyone’s face and body in just a few minutes, has emerged as a weapon for people who want to disfigure others. The long-standing patriarchal ideology that is prevalent in India and the inadequate legal system are responsible for delivering inefficient remedies to the victims. Therefore, in this article, the researcher will discuss about the facilities of first aid, medical treatment, rehabilitation, and social integration support for acid attack victims. With this, the researcher will analyse and discuss the various struggles of the victims in getting adequate medical care and assistance from the hospitals and other healthcare units in India, and how these shortcomings could be eradicated thus improving the situation of the acid attack victims.853 views -
Historical Development of Juvenile Justice System: A Comparative Study of USA, UK and India
LL.M. Student at National Law Institute University, Bhopal, IndiaPages 1173 - 1182The main differences between a child and an adult are their levels of maturity, physical and mental skills, and life experiences. Children are very likely to give in to the temptations of groups that want them to get involved in crime. When these young people's thoughts go in the wrong direction, they can tamper with the way our society is run and destroy moral standards. In order to preserve the sanctity of the nations, every country has evolved its juvenile justice system in order to deal with juvenile delinquents effectively. The world's current juvenile system is the result of various ups and downs experienced by nations in achieving a balanced approach to deal with delinquency and societal stability. This article seeks to trace the development of juvenile system in USA, UK and India.1,233 views -
Two Finger Test
Student at Shambhunath Institute of Law, Prayagraj, IndiaPages 1183 - 1188The two finger test involves the examining of the rape survivors to know whether the victim is ‘virgin’ or ‘habituated to sexual intercourse’, the inspection is done by the doctors by inserting two fingers inside the vagina of the victim. The two most usual practices are examination of hymen for size or tears, and the second is this insertion of two fingers to measure the laxity of the vaginal wall. The Supreme Court on 31st October, recapitulate the ban on the “two-finger test” in sexual assault cases. A bench comprising Hon’ble Justice DY Chandrachud and hon’ble Justice Hima Kohli deplored while hearing the appeal of the State of the government of Jharkhand against the acquittal of a man who was sentenced to life imprisonment for raping a minor girl of 16 years and lightning on fire which eventually led to her death. The bench prohibited the two-finger test and cautioned that the person conducting such test will be held guilty of misconduct. However, this is not the first effort to prohibit the two-finger test.4,564 views -
International Human Rights – 2022
Student at Rayat College of Law, IndiaPages 1189 - 1197A new world order came into being out of the ashes of the world war II in 1945, putting respect of the human rights alongside peace, security and development as the primary objectives of the united nations. The universal declaration on human rights, proclaimed in 1948, provided a framework for a series of international human right conventions. The framework that belongs to 1948 was suitable at that time and to tackle with modern advancements it was amended time to time. But the issue which was never rectified in the world in the world is freedom from slavery and torture as still half of the countries of the United Nations had not criminalized the issue of ‘slavery’. Secondly the society has taken drastic turns since then and today as what we see around is merely similar to what it was earlier during the framework. The advancement in the technology was the need of the society but it has come up with its positives as well as with negatives. Everyone who is using the Networks such as 3G, 4G, 5G and social media platforms is somewhere prone to the breach of their rights. Violation of human rights such as freedom and privacy of an individual is violated in form of Data mining and their data is uploaded in an “illusion of consent” and the important question here is that are we still connected with the world even when we have disconnected the wire of internet from our devices.1,062 views -
Violation of Human Rights: A Comparative Analysis of Syria and Afghanistan
Student at R.A. Podar College of Commerce and Economics, IndiaPages 1198 - 1207Human rights violations have a significant and far-reaching effect on both people and communities. The situation in Syria is still very serious, and everyday violations of human rights are still being perpetrated by the Syrian government. As a direct consequence of decades of war and bloodshed in Afghanistan, the Afghan people have been subjected to extensive violations of their human rights, including beatings and electric shocks, as well as these forms of mistreatment of detainees by Afghan security personnel. It is very necessary for the international community to take action in order to provide support to the Afghan government and the Afghan population in their attempts to construct a society that is more fair, peaceful, and stable.875 views -
Global Political Economy
Student at ILS Law College Pune, IndiaPages 1208 - 1212The design of global governance has changed from state-led international institutions to partnerships, networks, associations, and layers inhabited by aid agencies, public-private partnerships, private entities, companies, and foundations in the twenty-first century. This Article aims to understand these new architectures, and how they reflect the changing relations between the actors involved in modern time global governance. It employs the prism of governance models and concentrates the research on economic and political institutionalism in order to determine if and how relationships among the increasingly numerous main actors have altered. It examines the many driving reasons for the transition and highlights the need of looking at both structures and desires. This article looks at Marxist theories along with the liberal approaches of renowned scholars to better understand Global political economy in the contemporary world.961 views -
Critical Analysis of Banker’s Right of General Lien
Student at SVKM's NMIMS, IndiaPages 1213 - 1227The Indian Contract Act is a classical model of contract law that covers various codes that govern general contracts as well as specific contracts. Contract of Bailment, one such type of contract under Indian laws of contract, talks about the delivery of goods from one person to another for a purpose. Under this contract, the bailee is given a right to lien. Right to lien is defined under Section 171 of the Indian Contract Act, 1872 which, talks about the general right to the lien of bankers, wharfingers, factors, attorneys of high courts and policy brokers. The general right to the lien of a Banker is provided in Section 171. It is a possessory right which allows the bank to have temporary possession of the goods until the customer’s outstanding debt is so paid. The landmark judgement of Syndicate Bank v/s Vijay Kumar and Others dealt with the issue of whether or not a banker’s right to lien and set off was a general and customary right guaranteed to them. In furtherance of Halsbury’s laws of England, this judgement recognized the banker’s right to the general lien was a right guaranteed by the law and not the contract. This paper aims to understand the extent and applicability of a banker’s lien in India in accordance with the Indian Contract Act, 1872. Further, it delves deeper to comprehend instances wherein a banker’s right to the lien is not permissible and goes on to draw a critical analysis of the current stance of law.3,177 views -
Antarctica’s Treaty and its Future
Student at Auro University, Surat, IndiaPages 1228 - 1232A vast continent named Antarctic, encircles the South Pole with eternal ice and snow. Surrounded by ice floe, stormy seas and atrocious climate. The great altitude of this continent freezes the air to extremes, and its subsiding to ocean level through a moving ice sheet is known to give rise to the world’s strongest winds. Only 0.4% of this continent is ice-free, allowing a small footing for hardy animals and plants. The uncovering and exploration of Antarctica were modelled by its remoteness and its bleak environment. Seclusion and Insulation control and dominate all those who visit. This reason amalgamation kept humans away for centuries. Keeping in mind the historic terms, the land exploration of Antarctica is contemporary, with a large portion of it being achieved during the 20th century. The better innovation, information and knowledge through these past years have provided more prominent access to the mainland, empowering extensive analysis and research, and the continuous control of the Antarctic by methodical and knowledge-based stations. In the middle of the century, stations were laid out and arrangements and plans were in progress for the International Geophysical Year (IGY) in 1957-1958, the first important and significant multi-country research program in Antarctica. Also, during that time, regional positions had likewise been affirmed, however, disagreed and not concurred, making pressure that compromised the forthcoming and future scientific cooperation in the continent. This paper also highlights how the treaty has expanded over the years and the challenges and impediments faced by various states across the globe. This research paper also goes into studying that as mineral reserves and fisheries are getting depleted or exhausted elsewhere and the number of travelers and tourists keep on raising will the Antarctic Treaty and other conventions and Protocols at any point be amended or even set aside to accommodate advancements on the rearmost frontier.988 views -
Development of Environmental Torts in India
Student at Auro University, Surat, IndiaPages 1233 - 1238The paper analyses the implementation and development of tort principles in India in the matter related to environmental harm. In various cases the principles of tort have been applied by Indian judiciary for environmental damage violating people’s right to a clean and healthy environment. The paper also talks about the development of tortious liability and locus standi in the case of environmental law. It also takes into account various acts passed through legislation and by judicial interpretation of various environmental matters. It also speaks about the wide interpretation of Art. 32 which was formulated with the introduction of new rights and remedies. It also takes into account in what ways the common law provides remedies for causing harm to the environment, in what ways safety regulations can prevent environmental harm, and how safety regulations are breached in specific cases. Further the paper analyses the majority of environmental pollution cases in India which falls under-Nuisance, Negligence, and Strict liability. The aim of this paper is to highlight the importance of the environmental policy based on tort law and discussion of the present enactments and developments for enviro-justice and other procedures and remedies for the same.1,335 views -
Design of Electronic-Based Criminal Justice in Realizing Enforcement Reform Criminal Law
Universitas Sebelas Maret, IndonesiaPages 1239 - 1256This study aims to provide a prescription regarding electronic justice in the renewal of criminal law enforcement, by providing a design of electronic justice in realizing the future reform of criminal law enforcement in Indonesia. This research is normative legal research. The results of the study show that electronic justice in realizing the renewal of criminal law enforcement in Indonesia can be carried out by a. Digital-based criminal justice must be regulated at the level of law (Discourse on Renewal of the Criminal Procedure Code), where the implementation of electronic criminal trials is still a problem. The reason is that until now, there has yet to be a legal umbrella that strictly regulates the standards for conducting electronic hearings. Meanwhile, the mechanism regarding this matter is the only alternative for carrying out criminal case trials. The reason is that the Criminal Procedure Code (KUHAP), as the law that regulates the procedures for criminal trials, does not even regulate this because, at the time the law was made, such matters could not be predicted. For this reason, so as not to hinder the law enforcement process, a legal umbrella is needed that regulates standardization and mechanisms regarding electronic trials by establishing laws that regulate electronic justice and holding legal reforms through revisions in Law Number 8 of 1981 concerning Indonesian Criminal Procedural Code (KUHAP); b. ensure readiness to apply modern technological devices and supporting resources to hold digital-based criminal trials.970 views -
Pages 1257 - 1270Article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia which gives authority to the Constitutional Court to decide disputes over the authority of state institutions whose authority is granted by the Constitution. So that disputes over the authority of state institutions that are not granted by the Constitution are not the authority of the Constitutional Court to decide. This research is normative juridical research with statutory approaches, comparative approaches, case approaches, and conceptual approaches. This study found that the authority of the Constitutional Court in resolving disputes over the authority of state institutions is a dispute over the authority of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. Expansion/ addition of authority to the Constitutional Court to decide on disputes over the authority of state institutions need to be carried out, namely not only state institutions whose authorities are granted by the Constitution but also state institutions whose authorities are granted by law.855 views
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Action Against Oppression & Mismanagement Under Company Law
Student at University of Petroleum & Energy Studies (UPES), Dehradun, IndiaPages 1271 - 1287Oppression and mismanagement are common issues faced by stakeholders in a company, leading to negative consequences for both the company and its stakeholders. Oppression refers to the abuse of power by a majority of shareholders to the detriment of minority shareholders. On the other hand, mismanagement refers to the poor administration and management of the company, leading to negative financial or operational outcomes. Under company law, several actions can be taken to address these issues. For instance, in the case of oppression, minority shareholders can file a complaint with the court seeking relief under the provisions of the Companies Act. The court may then order the majority shareholders to rectify the oppressive actions or even appoint a new board of directors to manage the company. Similarly, in the case of mismanagement, stakeholders can approach the court seeking the removal of the current management and appointment of a new board. Additionally, the company's articles of association may provide for alternative dispute resolution mechanisms such as arbitration or mediation to resolve disputes. Furthermore, the Companies Act also provides for the inspection of the company's books and records by stakeholders to ensure that the management is acting in the best interests of the company and its stakeholders. If any irregularities are found, stakeholders can approach the court for appropriate relief. In conclusion, the Companies Act provides various avenues for stakeholders to address the issues of oppression and mismanagement in a company. It is essential for stakeholders to be aware of their rights and remedies under the law to effectively address such issues and protect their interests.2,602 views -
Cyber Crime in India
Assistant Professor at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1288 - 1301Cybercrime refers to criminal activities that are carried out using the internet and other digital technologies. It is a rapidly growing concern worldwide and poses a significant threat to individuals, organizations, and governments. Cybercrime can take many forms, including hacking, identity theft, cyberstalking, online fraud, and cyberbullying, among others. In India, there have been increasing incidents of cybercrime, and it is becoming a major challenge for law enforcement agencies, the private sector, and the government. To address this issue, there is a need for a strong legal framework, enhanced technical capabilities, public-private partnerships, cyber security research, and the implementation of cyber security standards. Prevention and mitigation of cybercrime require a multi-stakeholder approach, where individuals, organizations, and the government work together to raise awareness, improve cyber security, and address the challenges associated with cybercrime. By being proactive and taking the necessary steps to protect themselves from cybercrime, individuals and organizations can help prevent and reduce the impact of this growing threat. This paper will be discussing the introduction, historical background of cybercrime, causes and challenges of cybercrime, types, laws, penalties, cases, and conclusion.1,453 views -
Marital Rape Laws in India
Student at Presidency University, IndiaPages 1302 - 1304Marital rape is considered illegal in many countries. In India it is yet to be considered illegal, there is a need to understand the importance of criminalization of marital rape. There were many progressive changes in the rape laws of India, but it is yet to implement laws relating to marital rape. The main problem lies with the fact that sexual intercourse by the husband on the wife is treated as an exception in the Indian Penal Code, which affects women who are married, under which their consent is not taken into consideration. In 2012 it was recommended to criminalize marital rape by a judicial committee, in response to this recommendation The parliament claimed that the criminalization of marital rape will put families under a lot of stress, and in return, the family system may get affected. Political leaders claim that this law will destroy marriages and create absolute anarchy in families. 52 countries around the world have criminalized marital rape. Marital rape laws will allow women and men to give importance to sexual consent. Making marital rape illegal will not only make changes in the law but also change the fixed mindset of people that Women are property we transfer from their fathers to their husbands, It makes people more educated about sexual consent and this leads to the betterment of women in society.1,234 views -
“IN WITH THE NEW” – Comprehending the Legality of Same-Sex Marriages in India
Student at UILS, Panjab University, Chandigarh, IndiaPages 1305 - 1313Law is a discipline that defines policies and guidelines for human behavior in a specific scenario or set of circumstances and tends to make those standards enforceable via the application of state sanctions. It is thought that perhaps the government must respect and protect the dignity of its citizens; so, Part III of the Indian Constitution grants citizens Fundamental Rights that safeguard them from any unlawful activity and provide them with officially recognized liberties. Queer/LGBTQ people in India are generally familiar with ethical and social inequalities. Same-sex matrimony is a new level of social development in Indian society that deserves global attention. Homosexuality has been a socially accepted idea since the Vedic time, until Section 377 of the Indian Penal Code was adopted, which exacerbated the situation worse for the LGBTQ population, resulting in harassment of the entire society. Section 377 resulted in the alienation of the community as a whole as a result of majoritarian policies, which resulted in the erosion of basic human rights. The Supreme Court's decision in Navtej Singh Johar v. Union of India in 2018 eventually gave homosexuals the right to privacy and dignity. Same-sex couples faced numerous issues because the judgment was simply a mid-ticket to the destination, allowing individuals to live together and yet never providing acknowledgment of their relationship. This paper attempts to understand, analyze and focus on the societal and legal status of same-sex marriages across India.1,225 views -
The Birth of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
Student at University of Petroleum and Energy Studies, IndiaPages 1314 - 1327Sexual harassment in the workplace is a global problem that affects people from the richest to the poorest countries. This is a syndrome that has a negative impact on both men and women. Sexual harassment is more common among women than among men. All of the protections, restrictions, and precautions in the world will not prevent such infractions from occurring. It is not always unintentional when we claim something is unwelcome. Victims may agree to or actively participate in behaviour that they deem offensive or otherwise undesirable. As a result, sexual acts are only regarded undesired when the person who is the focus of such activities feels that way. The nuances of the situation determine whether or not a dating request, sexual comment, or joke is accepted. Sexual harassment at work may be viewed as a danger to a woman's right to equality, life, and freedom as protected by the Indian constitution. The Supreme Court expressed this statement for the first time in the important case Vishaka vs. State of Rajasthan. As there was no legislation at the time, the Supreme Court utilised the authority provided to it by Article 32 of the country's constitution to develop rules to be followed by all workplaces and institutions in order to offer safeguards to avoid sexual harassment of working women.904 views -
Pages 1328 - 1340Pharmaceutical sector is a lifeline for the human population, which suffers from a variety of diseases and health problems. The pharmaceutical sector has a divine obligation to safeguard the health and best interests of patients. Patent protection for a limited length of time incentivizes the time and resources devoted to the development of pharmaceuticals so that corporations can profit from them. In certain instances, however, avarice trumps the obligation of open and fair transfer of information to the public domain, and pharma corporations resort to techniques such as the evergreening of patents to extend the duration of patent protection. Novartis Case which sent shockwaves throughout the world regarding the interpretation of evergreening provisions in India is analyzed at length. This paper examines the notion of patent evergreening and its status in India with a comparative analysis.1,302 views
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Abnormal Psychology
Assistant Professor at BRCM Law College, IndiaPages 1341 - 1348Abnormal psychology is the branch of psychology that studies unusual patterns of behavior, emotion and thought, which may or may not be understood as precipitating a mental disorder. Although many behaviors could be considered as abnormal, this branch of psychology generally deals with behavior in a clinical context. There is a long history of attempts to understand and control behavior deemed to be aberrant or deviant (statistically, morally or in some other sense), and there is often cultural variation in the approach taken.1,253 views -
As much as the saying ‘Don’t judge a book by its cover’ is correct it doesn’t go on with titles which are pretty obvious with their content, as the case of our book in hand. For those who are familiar with our nation’s history of pre and post-independence eras, the title is all they want to connect to what, in one’s opinion was one of the darkest and most unfortunate events of independent India. Like John F. Kennedy, Abraham Lincoln, Martin Luther King, Archduke Franz Ferdinand, and many more renowned world leaders, Mahatma Gandhi was also bound to the same fate of the infamous assassination by Nathuram Godse, who was vehemently aggravated by the actions of Gandhiji allegedly being partial in favor of the Muslim community and Pakistan.1,294 views
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Test Data Protection in Free Trade Agreements (FTAS): A Barrier to Affordable Access to Medicines amid the Covid-19 Pandemic?
Lecturer at Department of Law, Bangladesh University of Professionals (BUP), BangladeshPages 1355 - 1365Test data that is submitted by the originator to the national health regulatory agencies for the marketing authorization of a new drug or medicine is protected under Article 39.3 of the TRIPS Agreement. This test data protection regime is a debatable issue of Intellectual Property (IP) since TRIPS has not provided a comprehensive global standard of test data protection, rather it obligates the Member States to provide a minimum level of protection. Considering that Article 39.3 has established a regulatory floor of test data protection, developed countries with stronger research and development (R&D) based companies seek a greater level of protection. Accordingly, they are frequently entering into various FTAs with developing countries that include more specific models of test data protection, such as providing an exclusivity period for test data. This model of test data protection affects the affordable access to medicines in the least developed countries (LDCs) and developing countries with no or weaker pharmaceutical industries. This paper essentially evaluates the extent to which a country has obligations to protect test data under the selected two Free Trade Agreements (FTAs), namely the Australia-US FTA and the Agreement between the United States of America, the United Mexican States, and Canada (USMCA). The paper finally concludes that the provisions of those FTAs are considered to create obstacles to the entry of generic medicines into the market. However, in the context of the COVID-19 crisis, the provisions for test data protection in those FTAs can be circumvented.1,097 views -
Pages 1366 - 1377The chapter 15 of Indian Penal Code 1890 deals with offences relating to religion, is framed on the principle that every person has full freedom to follow his own religion and that no one is justified to insult religion or religious feelings of another. It makes any deliberate acts perpetrated by persons of one religious persuasion for the insult or annoyance of persons of another persuasion punishable. This chapter of the code seems to be in tune with the constitutional ethos of India. India is a secular state, the Indian constitution accords equal protection to all religion. Article 14 gives right to equality, Article 19(1) gives right to speech and expression, Article 21 gives protection of life and personal liberty and Article 25 of the constitution guarantees the right to freedom of religion. All persons are equally entitled to freedom of conscience and the right to propagate, practice and profess the religion of their choice. However, the freedom of religion is not an unlimited one. It is a subject to public order, morality and health.928 views
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Contempt of Courts: An Analysis
Practising Advocate at Telangana & AP High Courts, IndiaPages 1378 - 1396Contempt of court is a matter concerning the fair administration of justice, and aims to punish any act hurting the dignity and authority of judicial tribunals. Lord Diplock defines it in a following way: Although criminal contempt of court may take a variety of forms they all share a common characteristic: they involve an interference with the due administration of justice, either in a particular case or more generally as a continuing process. It is justice itself that is flouted by contempt of court, not the individual court or judge who is attempting to administer it. Contempt of court because of its peculiar and contentious nature had led to contradictory opinions among scholars, jurists, and various masses, hence no satisfactory definition of contempt of court can be had. The term contempt of court is a generic term descriptive of conduct in relation to particular proceedings in a court of law that tends to undermine that system or inhibit citizens from availing themselves of it for the settlement of their disputes. The law concerning contempt of court has advanced over the centuries as a medium whereby the courts may act to forbid or punish conduct that tends to obstruct, humiliate or prejudice the administration of justice either with reference to a particular case or as in general.2,019 views -
Legal Mechanism on Gender Neutral Rape Laws: A Global Perspectives
Manager at Manzil Mystics (NGO), IndiaPages 1397 - 1415It is an era for human rights and the dignity of a person irrespective of sex. Sexual crimes are seriously addressed without any delay. The legal definition of rape has evolved to protect all genders from sexual assault. Human rights protection from sexual assault and rape. How are legal institutions dealing with rape and sexual assault of LGBTQIA+ members? Does the current rape law cover these sexual minorities? Are the laws protecting male members from rape? Whereas no state tolerates rape crimes, and special provisions in rape laws ensure justice for victims, what legal remedy is available to non-female rape victims? An ideal State protects all its citizens from all forms of sexual assaults. There are notable initiatives to address rape victims in the European Union, UK, USA, and Canada but at the same time, there are no gender-neutral rape laws in South Asia to protect rape victims. Malta's landmark Gender Identity, Gender Expression, and Sex Characteristics Act provides perhaps the world's most comprehensive protections for trans and intersex people. Frontline research is underway to encourage States to pass gender-neutral rape laws that protect both men and women. The study examines gender-neutral rape laws using data from target groups and key informants. A feminist critique of gender-neutral rape laws. This paper will highlight the importance of gender-neutral laws by listing notable global legal instruments.1,648 views -
Pages 1416 - 1424Since its inception, Indian society has been dominated by men. Women were always thought to be inferior to men. But the time has passed. In the Indian society, various laws are enacted to provide women with security and special status. For many years, the government has also provided tax breaks to women. Some legal provisions exist solely to benefit women in society. The second proviso to section 149(1) of the Companies Act, 2013, which provides for the appointment of women directors, is an effort to empower women in India. The current paper focuses on the inclusion of women director in company board of directors, issues and challenges of female board representation and assessed whether the inclusion has profited the company or not.3,661 views
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Statehood in International Law
Student at St Stephen's College, IndiaPages 1425 - 1432There were an estimated fifty recognised States at the start of the 20th century. This figure grew to precisely 192 States by 2005. One of the most significant political events of the 20th century was the establishment of numerous new States. Among the most significant causes of global conflict, it has altered the nature of international law and the way that international organisations operate. In view of the ever-increasing climate change, a new question emerges around the existence of the states that are under serious threat of sinking. There is speculation about how these affected states will be reconciled within International law. The pacific states are facing the question of whether they would be expected to renounce their Statehood and legal status in the global order as an obligation. This theme starts a new debate in the realm of statehood in the 21st century. Under the influence of globalisation and the volatile nature of vulnerabilities (the "potential challenges," like terrorism, and its accompanying variables), it is also anticipated that the topic of statehood will acquire prominence. When viewing a world map, it looks as though practically the whole world is precisely split into various portions, each of which represents a distinct territorial unit called a State. A detailed look demonstrates that the idea of "statehood" is surrounded by several uncertainties underneath this perfectly split surface. What, for instance, qualifies a territory or an area as a State? This article will excavate the criterion to establish ‘statehood’ in International law. The Montevideo Convention provides both a constitutive theory and a declarative theory of statehood and I will use it in analysing the theme of the paper.1,098 views -
Intellectual Property Rights: The Indian Experience Academic Publication in the Era of Internet Piracy
Student at Amity Law School Chattisgarh, IndiaPages 1433 - 1447In recent times, the modus operandi of academic publishing has changed. The traditional process of ‘submit-process-review-publication’ has shifted to the online medium. While this has been a major leap for academics as information has become easily available; the problem now lies in its accessibility and reliability. Paid journals are charging ransom-worthy subscription fees for accessing research information published through them and high processing fees are demanded from the authors of the research material. As a result, predatory journals have shown up to feed on the researchers who cannot afford such a facility and have to scavenge the internet for free information. There is a rise in copyright infringement, pirated information, and violation of academic integrity. Attempts to mitigate the damage caused by such uprising have taken the form of the Open Access Movement; ethical guidelines such as COPE; mechanisms for detection and elimination of fraudulent academic publications, like UGC CARE; creation of databases for reliable open access journals like DOAJ, and many more. This paper explores how academic publication and research have been affected by the aforementioned factors, the attempts for mitigation, and possible suggestions that can help in protecting academic integrity in the age of piracy.1,231 views -
Unlocking the Future: Exploring the Exciting Synergy between Artificial Intelligence and Intellectual Property Law
Student at Dr. Ram Manohar Lohia National Law University, Lucknow, IndiaPages 1448 - 1458This research paper delves into the intersection of two critical fields: artificial intelligence (AI) and intellectual property (IP) law. The study explores the potential synergies and mutual benefits that can arise from the intersection of AI and IP law. It highlights the current legal frameworks, recent advances in AI, and strategies for harnessing the power of AI in IP law. The paper illustrates how AI can facilitate the patent application process, improve prior art searches, and enhance accuracy in the infringement analysis. It also acknowledges the potential challenges and concerns surrounding AI in IP law, such as the need for human oversight and the possibility of bias. The research concludes that the collaboration between AI and IP law can lead to significant advances in innovation and contribute to the evolution of IP law.970 views -
Pages 1459 - 1467The number of female prisoners has increased, making it imperative to create prisons specifically for women. In the past, prisons were used to punish male offenders who broke the law and caused harm to society. The situation has changed, though, and now women are treated equally to males in all spheres of life, as seen by the presence of women in prison. Only building a prison does not fulfil all of the government's obligations. An inmate should be required to get proper hygiene and sanitation care. Despite having committed a crime, prisoners are still entitled to fundamental human rights. Prison is a facility designed to punish offenders for their misdeeds. Nowadays, the word "jail" is gender-neutral. Prisons used to be exclusively for men, but in today's socially and economically developed age, they are a building for all genders, and anybody who commits a crime is welcome. Now, it would be incorrect to suggest that crime is a male phenomenon. The fact that there are fewer female prisoners than male convicts does not exclude them from receiving gender-specific treatment. They frequently do, however, encounter numerous challenges and trying circumstances that are not very favourable for them because older prisons were created for men, not women. Through the means of this paper various provision related to the rights of women in prisoner has been discussed and what are the challenges and issues faced by women prisoners are also discussed.1,209 views
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Steps taken to Combat Water Scarcity in India
Ph.D. Research Scholar at University College of Law, Osmania University, IndiaPages 1468 - 1475India is experiencing water scarcity as it becomes the most populous nation and struggles to meet the needs of millions of people living in cities and villages. India has only around 4% of the world’s share of freshwater resources, even though it accommodates a huge population of more than 1.39 billion individuals. Freshwater resources are distributed inequitably, and numerous rivers and water ponds dry up in the summer. Climate change has caused the monsoons to be delayed, which has caused the reservoirs to dry up in some areas of the country, making the situation much worse. Other elements contributing to the severe water shortage are inefficient infrastructure, uncontrollable water pollution, and unequipped systems. The severe water unavailability to meet basic human needs has pressured the government and non-government organisations to tackle this problem seriously. To address this issue, the Government of India created a new ministry for water Jal Shakti Ministry to address all water-related problems; several schemes and programs have been started. The government has also encouraged people to adopt several techniques like efficient irrigation, water conservation and rainwater harvesting. The World Bank is taking on various engagements connected to various aspects of water resource management, drinking water facilities, and sanitation services. In addition to discussing virtual water trade, this research study will cover the various areas where the World Bank assists state governments in addressing the country's water shortage.1,117 views -
Critical Race Theory: Framework and the Recent Ban in the United States
Student at CMR School of Legal Studies, IndiaPages 1476 - 1482The Critical Race theory and its omission from the curriculum in schools in the United States has created quite the controversy around the world. The section of people against the theory being taught in schools reason that children are too young to understand a theory as complicated as critical race theory and how the theory as a whole is hypothetical. The theory is presently facing backlash and ban in various states of the US. The theory works on the basis/ foundation of how race is a social construct and is embedded so deeply in the legal systems and policies that it affects the personal lives of people of colour. This paper will start by defining critical race theory and discussing its tenets/ core components. Secondly, it will look into the history behind the theory and the events that led to its origins. Thirdly, it will look at the states in the US which have banned the theory and the reasons behind the same. Finally, it will look at the section of people who support critical race theory and the reasoning behind it.910 views -
Importance of Arbitration and Conciliation in the Present Scenario: With reference to Anand District of Gujarat State
Assistant Professor at R N Patel Ipcowala School of Law and Justice, IndiaPages 1483 - 1497One of the needs of the hour is the establishment of proper arbitration and conciliation centre wherein the process of the dispute can be settled easily without any long waiting period, as we can see in the normal court process. This will save time, and the court can dedicate its time to resolving the major issues while the less and least disputes can be resolved in the arbitration centre which the court is designating through the medium of Lok Adalat which is part and parcel of arbitration. Again, the parties to the dispute can maintain a cordial relationship rather than have a truculent situation between the parties of the dispute. Every court should try arbitration to resolve disputes which are less grave in nature and save the time of the court. This way, we can reduce the time of the court and also the huge backlog of the court, which is increasing hugely day by day basis.841 views -
Is Constitution Able to Protect Children Rights in India: A Critical Analysis
Assistant Professor in IndiaPages 1498 - 1506Constitution has laid down various provisions for the protection of children, but several instances and cases have been highlighted over period of time which proves that constitution sometimes lacks to safeguard the rights of the children. In this research article the author has discussed various provisions for the protection of children and also the other legislations for welfare of the children. Also, the loopholes pertaining to it along with various judgements and policies. The international overview over children rights has also been provided in this research article. The author has also given the glimpse of the current scenario on children rights and suggestions considering the evolution of time and technology.1,024 views -
Comparative Analysis of Digital Evidence in India and USA
Student at Tamil Nadu National Law University, Tiruchirappalli, IndiaPages 1507 - 1522Most democratic nations build their legal systems on the idea that a person is innocent until proven guilty. The prosecution is responsible for establishing the accused's guilt beyond a reasonable doubt. Law, science, and technology are all dynamic and evolving with the advancement of society. Evidence is an essential component of every legal system in the administration of civil and criminal justice. We practically cannot survive without utilising digital devices in this digital age. It supports both domestic and international communication. Even the transactions, way of life, and employment of the majority of people now require technological devices. E-commerce, digital information storage, and reliance on electronic forms of communication are all growing quickly worldwide. Regulations governing information technology and the use of digital evidence in both civil and criminal actions have developed as a result. E-evidence includes things like emails, digital pictures, ATM transaction records, papers, instant messaging histories, GPS tracks, digital video and audio files, and other kinds of digital data. These kinds of proof are potentially more expressive, more difficult to alter, and simple to copy. So, Conflicts and criminal activity are unavoidable in our technological age. Using case laws and elucidations from India and the United States of America, this study attempts to analyse the laws governing digital evidence, its admission, and the significance and issues related to its admissibility. Finally, the precautions and practices that the Indian judiciary must implement while managing electronic evidence.1,340 views -
A Study on the United States Taxation Laws on NFT
Student at The National University of Advanced Legal Studies, Kochi, Kerala, IndiaPages 1523 - 1532The objective of this paper is to provide an insight into the applicability of taxation regarding non-fungible tokens, known as NFTs and the issues regarding it from the United States perspective. Since the advent of Cryptocurrencies, they have attracted the interest of the financial world as they have revolutionised the economy with transactions that are virtually costless. However, NFTs have lately entered the global market, which has made it possible to redesign the modern financial infrastructure. Due to the continued ambiguity surrounding NFT taxation laws, taxpayers must depend primarily upon the existing cryptocurrency tax framework to resolve NFT taxation. However, the cryptocurrency framework does not completely address all problems pertaining to NFT taxation. Even though cryptocurrencies have generated a lot of interest and popularity among NFT investors, they have also caught the attention and concern of tax authorities. With the rapid growth of the digital era and its expanding influence on the financial world, it is vital to establish a solid set of legislation to regulate NFT. The qualitative nature of the study primarily relies on the I.R.C code, along with shedding light on various policies adopted by the I.R.S on the matter.924 views -
Protective Discrimination in Post-Independent India: An Analysis
Intern at Delhi Commission for Protection of Child Rights, IndiaPages 1533 - 1541The concept of “equality” and “inequality” has been a theoretical conundrum since time immemorial; two people of different classes can never be treated in the same manner. At the time of the drafting of the Indian constitution, one of the major challenges faced by the founding fathers of the constitution was to design a system where the social and economic divide existing between the various groups of the country could be bridged. The agenda was to create a society where there is equality of status and opportunity, which is why the virtue of justice and equality has also been included in the Preamble of the Constitution. But it was not easy due to the evident position of a certain class of people suffering from the economic and social affliction. This was the primary reason for establishing a system of “class-based” reservation in areas where people belonging to the “vulnerable class” needed upliftment. This came to be known as Protective Discrimination in the Indian Jurisprudence; initially, when this concept was introduced into our constitution, it was intended for a short span of time, but fortunately or unfortunately, it is still very much prevalent in our country. This research is aimed at analysing the concept of protective discrimination, its correlation with the virtue of social justice mentioned in the Preamble and understanding its current standing in Indian Jurisprudence.999 views -
Pages 1542 - 1561The termination of the prosecution carried out by the Prosecutor is based on restorative justice. Restorative comes from the word restoration, which means return or restoration to its original state. Termination of investigations and prosecutions is part of the criminal process by the Police and Prosecutors; in criminal law, there are indications of cases being terminated in the form of insufficient evidence; there is also an opportunity for the Attorney General's authority, namely "to stop the case" in contrast to "not prosecuting a case". RI Prosecutor's Regulation No. 15 of 2020 also contains limitations on the implementation of restorative justice so that it is not only interpreted as a peace agreement because if so, the ongoing process will also actually be trapped in merely carrying out procedural functions so that truth (especially material truth) and justice cannot be achieved. This legal research uses a sociological, legal research approach, and this type of research is descriptive analysis in nature. Juridically, this legal research will refer to the authority of the Attorney General's Office of the Republic of Indonesia in the field of Termination of Prosecution Based on the Value of Restorative Justice. This research is conducted to analyse problems by combining legal materials with field conditions. Termination of Prosecution is based on Article 140, paragraph (2) of the Criminal Procedure Code. Where the termination of the prosecution by the Public Prosecutor is insufficient evidence, or the actions of the suspect are not a crime, or the case is closed by law. Weaknesses in the construction of the Attorney General's authority regulation in terminating the current decision are weaknesses in substance. The authority to set aside cases in the public interest is the application of the opportunity principle, which only belongs to the Attorney General as stipulated in Article 35 letter c of Law Number 16 of 2004 concerning the Attorney General of the Republic of Indonesia, this is different from the Termination of Prosecution. The structure of closing cases for the sake of law is not explained further in the Criminal Procedure Code, so what can be done is to interpret it systematically, namely by looking at the provisions in the Criminal Code. And culture, in the case of a crime that is classified as mild, many still end up in court and end up receiving prison sentences.834 views
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The Significance of Intellectual Property Rights in Environment Pollution
Vivekananda Global University, Jaipur, India.Pages 1562 - 1568The role of technological innovation in lowering pollution is motivated by the rise of global emissions. Technological innovation for carbon dioxide mitigation mainly focuses on the role of patents ignoring trademarks. By combining trademarks and eco-patents, this study introduces a new interaction term while investigating the effects of environmental policy, energy consumption, environmental taxes, urbanisation, and economic growth on the environment. The Nonlinear ARDL and OLS methods are used to test the panel effect, while the Granger causality approach is used to estimate country-specific results. The findings show that trademarks and eco-patents reduce CO2 emissions; however, energy consumption, urbanisation, and economic growth are the primary polluters in both regions. Environmental policies and taxes have a significant impact on the western region's mitigation efforts, while evidence for the southern region is insignificant. Although the variables show unidirectional and bidirectional causal relationships, the outcomes are country-specific. The study also discusses policy implications based on the findings.910 views -
Hindu Women’s Rights in Bangladesh: A Need to Introduce a Time Worthy Legal Order
Assistant Professor at Law Department, Leading University, Sylhet, BangladeshPages 1569 - 1586The legal system of Bangladesh has its roots in the laws of British India, and the adopted laws were prevalent during colonial rule in the sub-continent and are a common law jurisdiction. After the independence of 1971, the laws were inconsistent with the spirit of Bangladesh. But still, as a minor Hindu country, Bangladesh continued with the laws which go against the principles of the Constitution. The Traditional Hindu Law continues its journey following some norms and customs, which create a bar for women to have an equal life. Hindu personal laws were generated by some traditional laws which were against the principles of equality and non-discrimination. Initiatives were taken to reform the laws, but no fruitful result came. Bangladesh, as a secular country, ensures the equal participation of women and has also ratified and signed different International Conventions and Treaties to protect the right of women. But still, Hindu women are not getting the equal field to participate and ensure their rights. At the same time, our neighbour countries are taking proper initiatives to decrease inequality and discrimination against women.1,099 views -
Impact of Drug Addiction on Youth in India: A Review
Research Scholar at Maharshi Arvind University Jaipur, Rajasthan, IndiaPages 1587 - 1601Today youth drug abuse is a major epidemic in many nations, including India. Teens and young adults (15–25) are disproportionately represented among those who are severely addicted to illegal substances; these addicts are disproportionately represented among college and high school pupils. Addiction among young people has several root causes, the most urgent of which are curiosity, peer pressure, and the easy availability of narcotics like cigarettes and alcohol. Poor and underprivileged youth are not immune to drug use and addiction. For at least the last two decades, the globe has seen a disturbing increase in the incidence of drug users among the most productive and vital part of its population. The future of the country would be dreary and dark if their current lives were submerged in such addictions. The situation in India is dire at the moment. In this article, we'll look at how drug abuse affects young people, what leads them to experiment with drugs in the first place, why this is a problem, and what can be done for help and prevention.1,748 views -
The Supreme Court judgement date Jan 02, 2023, about “the Demonetisation of 2016”, announced by honourable Prime Minister Narendra Modi, has reopened the discussion related to the big bang event of 2016. In 2016, the ‘Demonetisation’ term was new to the vocabulary of many, but it was not unknown to India. India saw similar events of demonetisation in 1946 and 1978. This paper attempts to understand the Indian demonetisation of 2016 and compare it with the previous two demonetisations of 1946 and 1978. This literature review-based study is aimed to study the demonetisations of 1946, 1978 and 2016; and compare them. This comparison may help policymakers of various countries and scholars understand these economic events and help them decide on a future demonetisation prudently after analysing the effect of a few economic indicators of these demonetisations.1,308 views
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Green Criminological Revolution and Restorative Environmental Justice
Assistant Professor at Government Law College, Trivandrum, IndiaPages 1614 - 1625Despite the existence of scientific studies suggesting that the Earth has entered an era of global ecosystem collapse caused by adverse human activities, criminologists have failed to address ‘green issues’ properly and to take note of green harms more seriously. Within ecological justice discourse, there is a clarion call to address harm to the environment and non-human animals. But, apropos the definition of green crimes; the nature of the criminality involved; potential solutions; the content, priorities of policy, and opinions are divided. Against this backdrop, the present article attempts to analyse the definitions of green crimes, the major issues in Green Criminology (GC), and the scope of GC in restorative environmental justice. Employing a ‘political economic’ approach, some green criminologists assert that many environmental issues can be traced to economic, political and class interests and to the ability of the ‘powerful’ to manipulate and use the environment to preserve the basis of their power. GC also calls attention to the fact that many legal practices are harmful; and addresses State delinquency for breach of obligations. The lack of a precise definition of ‘green crime’ renders the establishment of the GC field’s boundaries difficult. Measuring green crimes to ascertain their extent is another issue. GC’s justice perspectives are trifold: ecological justice, species justice, and environmental justice. From an ecological justice perspective, besides human beings, “natural objects” and “non-human environmental entities” deserve protection and preservation in their own right. The intrinsic value and rights of sentient living creatures; and the duties owed to them form the basis of species justice. The environmental justice perspective primarily focuses on the unequal impact of environmental harm. Green criminologists have effectively explored environmental harms using a wide range of conceptual lenses, but a vast number of issues are still unaddressed. There is a need to hybridise or integrate restorative justice more holistically into daily regulatory environmental practice.1,041 views -
Law of Defamation & Cases in India: A Critique
Research Scholar at Dr. Bhimrao Ambedkar University, Agra, U.P., IndiaPages 1626 - 1642An easy internet browsing on defamation makes it clear that it includes any form of endeavour that ambitions to injury or reason damage to the proper recognition of an individual. But the time period ‘defamation’ has each explanation and exceptions connected to its definition when viewed via the lenses of Indian laws. The top purpose for understanding the legal guidelines governing the statutorily regarded offence of defamation is to guard one’s dignity, as has been assured by means of Article 21 of the Indian Constitution. With altering times, defamation has been a misused offence in the fingers of many, thereby inflicting an upward thrust in the debate on it with admiration to the hindrance on free speech. What calls for in this regard is the want for modern questioning with the altering wishes of Indian society. This article goals to discover the criminal facet connected to defamation in India, judicial upbringing on the same, and the street in advance for it. An accused character needs to have created or disseminated defamatory content material for an offence to be proven. While ‘creating’ normally refers to authorship, any person who deliberately or knowingly duplicates or copies defamatory content material (with intent, for example) may additionally be held accountable. A man or woman who is now not the creator or writer can declare that the defamatory textual content was once allotted by accident if intent can't be shown. The reason for defamation regulation is to shield a person’s activity from their reputation. However, it has been substantially modified to make sure that the public. "Defamation of character" is a catch-all time period for any assertion that hurts a person’s reputation. Written defamation is known as "libel," whilst spoken defamation is referred to as "slander." Because written statements remain longer than spoken statements, most courts, juries, and insurance plan organisations reflect on consideration on libel greater detrimental than slander. Defamation is now not a crime in most states; however, it is a "tort" (a civil wrong, as a substitute for a crook wrong). The man or woman who has been defamed (the "plaintiff") can sue the man or woman who did the defaming (the "defendant") for damages. Defamation regulation tries to stability competing interests; on the one hand, one mustn't be in a position to destroy your existence by telling lies about you; on the different hand, human beings must be in a position to talk freely despite the concern of litigation over each insult, disagreement, or mistake. Political and social debate is necessary for a free society, and we, of course, do not all share equal opinions or beliefs. For example, political opponents frequently attain contrary conclusions from identical facts, and editorial cartoonists regularly exaggerate records to make their point.1,649 views -
Social Security of Labour in India in a New Economic Reform
Student at Aligarh Muslim University, IndiaPages 1643 - 1651Globalisation has numerous elements, and one of the most important is its impact on labour. Though it has a global impact, it is even more relevant in a developing economy like India. Workers’ rights to social security are recognised in India’s Constitution and other welfare legislation. However, with the Government of India’s adoption of a new economic policy of liberalisation and privatisation, labour faces a new set of issues. They are posed primarily as a result of economic restructuring, which has impacted work relationships, as well as a growth in the unprotected informal labour force. This study aims to examine the new issues that have arisen in the workplace, the efficacy of existing labour-related social security measures in the current economic climate, and recommendations for ensuring workers’ entitlement to social security in the trade regime.1,145 views -
Remedies Available in Law of Tort
Assistant Professor at BRCM Law College, Bahal (Bhiwani) Haryana, IndiaPages 1652 - 1658A tort is just a violation of law that isn't punishable by law. A tort is described as a breach of an individual’s personal legal right that simultaneously violates the wrongdoer's legal responsibility. In torts, the perpetrator compensates the victim. Unliquidated damages are awarded to the aggrieved party and are determined by that of the courts based on the severity of the injury caused. In tort, there really are legal remedies that the courts can check or sanction. If a claimant is harmed, the court might order the wrongdoer to reimburse the aggrieved or restore the victim's property in its original state. Depending on the circumstances of the injury done, the court may punish the wrongdoer in specific cases. The two categories of legal remedies in tort law are judicial and extrajudicial remedies. The focus of the research paper will be on the legal and extra-judicial remedies accessible to aggrieved parties from the judiciary or court. The objective of this research work is to examine and discuss the various legal remedies that are available in India. The analysis' major purpose is to describe when and how the court will give a judicial remedy. Each legal remedy is further divided into various kinds, which are explained in this study paper. The article also includes case law to help readers better comprehend the topic. I employed the doctrinal technique of research for this research report. This study is based on secondary data collected from books, papers, journals, and the internet.1,390 views -
A Critical Analysis of Anti-Dumping Law vis-a-vis Competition Law
Advocate at Bar Council of Delhi, IndiaPages 1659 - 1667Anti-dumping and competition laws are both crucial pieces of legislation for regulating the local market in general and the global market in particular. Although these laws have a common foundation, they yet differ in a number of ways. Anti-dumping legislation initially served to prevent dumping as well as to some extent to increase competitiveness. The scenario of "International Price Predation" served as the basis for it. But over time, the anti-dumping law's emphasis shifted and it began to care less and less about the competition. The market competition is now totally disregarded by the current anti-dumping statute, and predatory pricing is even less of a problem. Therefore, the primary area of disagreement between anti-dumping legislation and competition law is "Price Discrimination," which is entirely forbidden by anti-dumping law because it disregards market competition but only when it has a detrimental impact on trade and market competition. The competition rules and the anti-dumping laws frequently clash and intersect in different ways. Due to the distinct goals that both laws must achieve, they partially appear to be at odds with one another. While antidumping legislation is nothing more than a trade remedy, competition law seeks to protect consumer welfare and healthy competition in the market.1,018 views -
Critical Analysis of Concept of Foreseeability in Torts of Negligence
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 1668 - 1687The term “Foreseeability” refers to the idea that the defendant should have been able to foresee that its conduct or inaction would have a specific result. Foreseeability comes under negligence in the law of Torts. This study places a focus on the negligent acts that arise as a result of a violation of duty and a breach of the rights of others in an international context. This is done since tort law is the primary legal framework in many areas of the world. The breadth of this issue has a focus on various foreign cases as precedent, which provides us with information on the foreseeability of potential risks that may be generated by carelessness. It highlights the many types of responsibilities for such breaches of duty and care, as well as breaches of rights directly or indirectly in accordance with the rules of foreseeability that apply to a variety of scenarios. The purpose of this study is to acquire a comprehensive grasp of the essentials of negligence and tort law, as well as to broaden one's knowledge of the concepts of foreseeability. This study is based mostly on doctrinal research, which entails looking at precedent cases, journals, books, and websites that have been verified as legitimate. The fundamentals of negligence are quite significant when it comes to doing the same act. This paper also talks about Medical Negligence. There have been occasions when most inept, unwell, or undereducated physicians have preyed on innocent patients. To commit the tort of carelessness, all three elements must be met, and they must all be met at the same time. Furthermore, the fundamentals of each necessary, namely the presence of duty of care, violation of the duty of care, and subsequent injury, are critical.1,846 views -
Abortion: A Socio-Legal Perspective
Advocate in IndiaPages 1688 - 1693Abortion! The multi-faceted, concerns aspect of law, religion, ethics and medicines. Abortion has become a social issue over time despite being a women’s personal choice. The first thought which comes to our mind when we hear this word is NO, how can we kill someone who is not even born? But the issue is right of women over their reproductive choice. The basic premise of abortion is having complete control over the body including the right to prevent unwanted pregnancy. Abortion is a matter of choice and not a debatable social issue. Abortion does not punish the unborn child but not having an abortion punishes the woman all her life. To lead to suggestions to solve this grave issue, the article discusses the history of abortion from a national and international perspective. The article also lights on the Medical Termination of Pregnancy act with significant recent socio-legal developments and provides an overview of abortion law..984 views -
‘Mahatma Gandhi’ Versus ‘Gandhi as a Philosopher’: An Overview of the Contradictions in Gandhi’s Philosophy
Student at The Law School, University of Jammu, IndiaPages 1694 - 1702Mohandas Karamchand Gandhi played a colossally efficient role in the Indian struggle for freedom from colonial rule in India. For that very reason, Gandhi is often called the Indian saint and the mass leader. But he was more than just an aromatic leader and a formidable enemy of British rule in India. The art of philosophy and putting that philosophy into a visible action has remained much in the central sphere of his life. All the actions that he would do had a whole set of calculations guided by his own principles and methodology that people, even today, follow. But every philosophy needs to be broken down into its units and further understood in every aspect and with the respect possible. Similarly, every philosopher must be given the honour of subjecting his philosophy to critical individual analysis, and so has been done by the author in the following paper with all his knowledge and in all his capacity he has gained after referring to various readings of Gandhi’s writings and other sources like books, review work and scholarly articles. The result of the research is that even Gandhi’s philosophy was not free from the evil of contradictions that most of the other philosophers also exhibited.1,237 views -
Fast Fashion: Boon or Bane to the Environment?
Student at NMIMS School of Law, Mumbai, IndiaPages 1703 - 1712Today’s generation is well averse to the concept of fast fashion, and they are the ones promoting it as well. The concept of fast fashion came into existence in the 1990s when consumer demand started changing rapidly. To cope with the rapidly changing demands fashion industry changed its techniques and started promoting the mass production of clothes with unsustainable practices. After aviation, the fashion sector accounts for 10% of global pollution. Fast fashion, which is based on low production costs, high consumer turnover, and relatively short garment lifespans, has contributed to the industry's continued success despite environmental concerns. This paper focuses on the hazardous impact of the fast fashion environment. Over 92 million tonnes of garbage and 1.5 trillion litres of water are created by the garment business. The researcher shows why the fashion industry needs to make some significant adjustments, such as reducing manufacturing and implementing sustainable practices across the supply chain, and why consumers should modify their behaviour by buying fewer garments and keeping them for a longer period of time. These changes highlight the importance of returning to slow' fashion, which limits and mitigates environmental repercussions to improve the long-term sustainability of the fashion supply chain.938 views -
Pages 1713 - 1731Infertility may be caused due to many factors, including problems with egg or sperm production, genetic factors, age, exposure to chemicals and toxins, etc. Statistics show that infertility has skyrocketed in the past few years, thereby making it difficult for couples to conceive naturally. This has led to an increase in the need for Assisted Reproductive Technologies (ART), one of which is Artificial Insemination (AI). Artificial Insemination is the deliberate introduction of sperm into a woman’s cervix to attain pregnancy by means other than sexual intercourse. There are different types of AI. Internationally it can be seen that different countries have enacted various legislations guiding the technique of AI and laying down the rights and duties of the couple, the donor, and the doctor assisting the procedure. Many issues arise due to AI, the prominent ones being the determination of the legitimacy of the child, rights of the child, consent of the parties to the procedure, payment of fees to the donor, and the like. In India, the Assisted Reproductive Technology (Regulation) Act of 2021 lays down blanket legislation for the regulation and supervision of ART clinics, banks etc.; however, it does not specify the requirements for each type of ART method. Feminist principles, which claim that a person alone can parent a child, and the act of the Supreme Court legalising homosexuality have only added to the complications which may arise. There are various societal and religious restrictions as well when it comes to procreation through any means other than natural procreation. Reproductive rights have been recognised as fundamental rights under the Constitution of India. However, not many can avail of these rights due to exclusion from the present legal framework. There is a need to regulate not only the parties involved in the process but also the Medical Institutions providing AI to prevent it from becoming a profession or a commercialised business done for profit. This paper emphasises the various hurdles that AI poses and the need for a Statute regulating the same. Suggestions for a conclusive and definite enactment have also been discussed in the paper.1,714 views
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Pages 1732 - 1743The purpose of this study is to analyse consumer legal protection in buying and selling through online media from the perspective of consumer protection law and effective consumer dispute resolution in the current era of digital advancement in Indonesia. This type of normative juridical research approach concentrates on the principles, systematics, and synchronisation of laws and regulations to uncover problems, conditions, or events as they exist in order to uncover factual findings. The results of the study explain two options for resolving consumer disputes through court (litigation) or outside the court (non-litigation) in Indonesia in cases of electronic commerce or e-commerce for consumers in the digital era, in accordance with Law Number 8 of 1999 concerning Protection Consumer. The Supreme Court (MA) issued Supreme Court Regulation (MA) number 4 of 2019, which regulates the procedure for handling simple lawsuit cases with a simple lawsuit mechanism. The Supreme Court (MA) has implemented a web-based e-court system that makes it easier for both parties to a dispute to submit documents, make payments, and issue subpoenas online or electronically. The Online Dispute Resolution (ODR) system can be used to enhance other conflict resolution procedures, such as e-commerce dispute cases in Indonesia. Therefore, Law Number 8 of 1999 concerning Consumer Protection in Consumer Dispute Resolution needs to be updated. Procedures for resolving consumer disputes online related to trade or e-commerce in the digital era in Indonesia must be accommodated more specifically in the changes to these laws and regulations. Thus, the current legal framework and explanation of the consumer dispute resolution process can be more appropriate, compatible, and inclusive of all consumer dispute resolution processes via the internet or online.953 views
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The Impact and Challenges of Reintroducing the Cheetahs in the Indian Subcontinent
Student at NMIMS, Hyderabad, IndiaPages 1744 - 1756In an effort to preserve biodiversity and revitalise ecosystems, translocations or designed reallocations of certain endangered species have become more prevalent. As can be seen in the case of India, which is attempting to bring back a piece of its lost living legacy by conserving the cheetah population. The number of cheetahs in India was so plentiful that the numbers stretched across Jaipur, Lucknow and Mysore. But they went nearly extinct during the mid-19th century in post-independence India. The reason behind their extinction can be attributed to many factors, such as overhunting, desertification or deforestation of their natural habits and even domestication of this particular big cat species. In fact, the famous Mughal emperor Akbar alone was known to have a field full of around a thousand of these spotted big cats. However, today we are aware of the need for ecological conservation and hence the need to conserve the highly endangered species of cheetahs. This awareness has led to the implementation of a reintroduction plan for cheetahs back into the Indian subcontinent. Careful consideration has been given to every facet of this project, with the IUCN Reintroduction Group preparing its recommendations for conservation practitioners. The action plan for the introduction of the cheetah in India tackles each of them in a realistic and scientific way, despite the fact that it is very unlikely that all of these features would be addressed in real-life settings. This paper emphasises India's readiness to resume cheetah conservation efforts. It also gives us an insight into the reason behind the extinction of cheetahs and the way ahead as per the plan for the re-introduction of cheetahs. This paper also seeks to analyse the implications after the re-introduction of cheetahs into the Indian subcontinent for different facets of the country, especially tourism, employment and the ecological changes it might spring upon.1,493 views -
Examining the Level of Audience Satisfaction and Trust in Afghanistan News Coverage on Tolo News and BBC-Persian Televisions
Assistant Professor at Journalism faculty, Balkh University, Balkh, AfghanistanPages 1757 - 1774This research was conducted with the aim of studying the trust of the audience and the difference in the level of trust in TOLO News and BBC-Persian televisions, in the coverage of domestic news (with a case study of the views of the users of the news of the national "TOLOnews TV" and the international "BBC Persian" networks). The research method of this article is a survey with a questionnaire technique. The socio-statistics of this research are the audience of news networks investigated in different cities of Afghanistan with different sex, age, educational level, field of study and jobs. The sample size in this research was (385) people, the questionnaire was distributed and collected after completion and the data was analyzed using "SPSS" software. The theoretical framework of this research, the important theories of communication; It forms the theory of "use and satisfaction" and the theory of "trust". The research findings are presented in two levels of data description and analysis. At the descriptive level, the data has been described using one-dimensional tables, and the issues raised at this level are based on the individual characteristics of the respondents and questions based on the research objectives. At the level of data analysis and explanation using two-dimensional tables, cases based on research hypotheses have been analyzed and explained. The findings of the research show that the level of satisfaction and trust of the audience towards the news channel "Tolo News" is higher than the news channel "BBC". According to the findings of this research, among the domestic television channels of Afghanistan, the level of trust and satisfaction with the private channels of Afghanistan is higher than the party and government television channels.1,166 views -
Pages 1775 - 1790Cash waqf possesses a promising potential in Indonesia, yet its benefits are still on a limited scale. Among those reasons causing these problems are that the limitation of understanding toward cash waqf is possessed by public society; a waqf manager (a person responsible for managing waqf; Nadzir) experiences difficulty to carrying out the mandate in the regulations of waqf to invest cash waqf accompanied by risk insurance; and the packaging of cash waqf has not attracted potential waqf givers (wakif). Based on these problems, the integration of cash waqf and sovereign sukuk as a social investment is emerged. It is equally recognized as Cash Waqf Linked Sukuk (CWLS). This study aims at discovering the implementation of the first CWLS in Indonesia. Data employed were secondary data supported by library research and interview techniques. Then, the data are analyzed qualitatively and presented descriptively. This study discussed the implementation of CWLS as an instrument that can ensure the integrity of cash waqf, is free of risk, can provide significant benefits for the beneficiaries of waqf and can support national development. Exactly on March 10, 2020 the government has issued a special series Sovereign Sukuk SW001 with a nominal value of IDR 50.849,000,000.00.1,262 views
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The Impact of Advancement of Biotechnology towards Protection of the Rights of Farmers under the Protection of Plant Varieties and Farmers Rights Act, 2001: A Critical Analysis
Research Scholar at Christ University, IndiaPages 1791 - 1804Agriculture being approximately 50% contributor to the Indian economy, plays an imperatively significant role in the country's development. In order to preserve the economy and the impact of biotechnology, it is necessary to safeguard the rights of the people behind the upliftment of the figures of the economic statistics. The farmers, the primary contributor to agriculture, play a significant role in protecting and promoting the agricultural economy. Hence their rights need to be covered in concurrence with the present legislation. Intellectual property rights (IPRs) grant farmers certain rights per the Protection of Plant Varieties and Farmers' Rights Act (PPVFR), 2001. The nature and the rights approach are yet not determined as to what extent these rights are favorable to the farmers. Therefore, the paper's author tends to critically examine the rights available to the farmers under the PPVFR Act. The rights appear immaterial and do not give the privilege to the maker to secure their creation explicitly. The absence of mindfulness in the protected innovation rights is answerable for the demise of the advancements, monetary misfortunes, hazards of encroachment, and the non-improvement of the mechanical time in the country. As of late, India has immensely evolved in protected innovation law and is progressively gaining substantial headway. Therefore, the paper aims to bring the focus of the legislatures for effective implementation of farmers' rights concerning plant variety protection under intellectual property rights, often subjected to exploitation.878 views -
Biomass Energy: A Clean and Sustainable Energy for the Future
Assistant Professor at Government Law College, Chengalpattu, Tamilandu, IndiaPages 1805-1826Biomass has been a primary source of energy for the world's inhabitants since the dawn of human civilisation. Biomass energy or Bioenergy both are same and are the energies derived from organic matter that has been used by humans for thousands of years, since people began burning wood to prepare food or keep warm. Our primary biomass resources are still non-wood, forest residue, and agricultural biomass. Biomass is one of the world's most ubiquitous and widely distributed resources. As a result, biomass has the potential to provide a renewable energy source that is both allowable and available in wide portions of the world. From 2008 to 2021, overall investment in the Biomass sector is expected to reach up to $104 billion. Bioenergy is currently the most important renewable energy option and will remain so in the near and medium term. Several countries have already attempted to investigate the use of biomass in the bio energy and polymer composite sectors. India provides an enabling environment for the rapid adoption and internalisation of bioenergy technologies (BETs). Nearly a quarter of its primary energy is derived from biomass resources, and nearly 70% of the rural population relies on biomass to meet their daily energy needs. India has demonstrated bioenergy packages for over two decades. This potential is recognised by the Ministry of New and Renewable Energy (MNRE). To support bioenergy development, the MNRE, state governments, and central and state regulatory commissions have developed a number of policy instruments (tariff support) and financial incentives (capital subsidy, interest subsidy, etc.). Plant residues from agriculture and forestry are examples of biomass. As a result, proper biomass usage can be environmentally favourable because it can not only alleviate the throwaway problem but also create value added products from this biomass. It is also a renewable resource because plants produce biomass, which can be cultivated repeatedly, and it can undoubtedly be used as an alternative source of energy. Agricultural applications of biomass are continuously expanding and will most likely continue to expand in the future.889 views -
Living under the Same Roof: The Concept of Live-In-Relationship
Assistant Professor at Maharishi Law School, Maharishi University of Information Technology, Noida, IndiaPages 1827-1834As we know that law is a dynamic concept that changes as per the need of society and only those laws will survive if they fulfill the need of society. In the world of modernization and globalization, people get mature and also follow the many concept or fashions of the western world, and one of them there is the concept of the live-in-relationship which is very popular nowadays and many young couples this right is a fundamental right under the constitution of India. If we see the history of India we could not find such things as the Indian society being very religious and following their custom and tradition and living with unmarried couples before marriage is a sin for them so they did not allow them even till today but many young couple claim to be live together before the marriage so that they will understand their partner in a well way so that after they married it will face any difficulty with them. Following this ideology, they follow this concept of live-in-relationship but few laws protect the couples if any issue will arise from such thing. This paper will discuss the concept of the live-in-relationship and what will be the law says about the right of women under various laws, the right of the children born from such relationships, the legal status of that child, and judicial trends in this matter.1,064 views -
Study of Contract of Bailment: Rights and Duties of the Parties Thereto
Student at NMIMS, School of Law, Bengaluru, IndiaPages 1835-1851S.148 of the Indian Contract Act, 1872 deals with the contract of bailment. This paper highlights the various essential of a contract of bailment along with the important precedents related to the same. Complete elaboration on the rights and duties of the bailor and the bailee is done. In this paper analytical methodology have been applied to critically examine the concept of contract of bailment and the extent of liabilities of the parties thereto. The article thoroughly discusses the issue of whether the bailor or the bailee must take reasonable care of the goods and the liabilities that result from failing to do so. It further talks about the recent development in the laws relating to the contract of bailment. This paper aims at providing an analysis of the relationship of liabilities and duties that arises between the bailor and the bailee from the contract. It further helps understand and comprehend the intensity of the liabilities of the parties that may arise due to lack of taking reasonable care or negligence. Not only is the Bailee held liable for the lack of taking reasonable care but also the Bailor is emplaced in the same position. This paper aims to elaborately deal with many such rights and duties failure in performance of which the contract may be revoked by the discretion of the aggrieved party.2,380 views -
Pages 1852 - 1867In Peru, department of Cusco, there have been incidents when determining the competence or responsibility of the prosecutor's offices in the deaths of people, since the territory of death is different from the territory of the hospital where the corpse is admitted. This situation causes the prosecutor's office where the death occurred to request that the prosecutor's office where the body was admitted to the hospital be the one to carry out all the preliminary investigations. This work presents legal expositions on the criteria of competence that must be considered to determine which prosecutor's office must assume with the investigation processes, such as: the scene of the crime, the consequences of the crime and a criterion not foreseen by law, but significant that is the place of conducting proceedings. Likewise, the loss of competence of the authority is discussed due to the place of verification of proceedings, the negative impact on investigations and processes, the lack of objectivity and immediacy: a prosecutor investigates and another prosecutor resolves, the figure of being competent to resolve, but incompetent to investigate, the non-observance of due process and the violation of the right to equality.992 views
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Arrest of Persons
Student at Geeta Institute of Law, Panipat, Delhi NCR, IndiaPages 1868 - 1874This article throws light on the procedure of arrest of person (with or without warrant). This article is based on the criminal maxim that, “Let the hundred guilty be acquitted but one innocent should not be convicted” Arrest is mainly done when there is reason to believe that a person is going to commit any offence or has done any offence or crime. The process which is being followed after the arrest is the interrogation or questioning and investigation. It is considered as a part of criminal justice system. In arrest, a person is detained by the concerned authority. The word arrest has not been defined under the Code of Criminal Procedure, 1973.990 views -
A Critical Analysis on the Psychological Impact of Online Education on Stakeholders in Tamil Nadu
Student at Saveetha School of Law, IndiaPages 1875 - 1898There has been a great technological revolution in education, especially in distance education. In this process online learning is playing a big role in recent times. Online learning has created a great impact on students, both physically and psychologically. According to the primary data collected through convenient sampling method from 205 respondents, the negative impacts and challenges in online learning have been brought to the fore. It has been made clear that offline learning cannot be replaced by online learning, and that the students don’t prefer online learning, but they find them manageable. With the onset of COVID-19 pandemic in various countries, online learning was brought to many places around the world. However, we find that there is difficulty in coping up with the current trends by the stakeholders, and further, it is far from effective learning and overall development of students.1,120 views -
Rule against Bias: An Immaculate Principle for Securing Integrity of Judges
Advocate at Patna Civil Court, IndiaPages 1899 - 1906Have you ever wondered that why the symbol of Justice i.e. statue of Goddess Themis has been blindfolded and holds a balance scale in one hand? The simple answer is that blindfolding represents impartiality, while balanced scale symbolizes giving fair and objective consideration to all evidences, without showing bias in one way or other. This symbol clearly demonstrates the position of a judge and envisages the duty of a Judge. A Judge is a public official who is vested with the authority to hear, determine and preside over legal matters brought in a court of law. Delivering pure and impartial justice is the crucial duty of a Judge. To discharge the duty of dispensing pure and impartial justice is never an easy task. Judges are also belong to species of homo sapiens. A person however impartial he may be, but he tends to biased consciously or unconsciously when it comes to his own matters. In order to prevent such disgraceful incidents, there are some procedural safeguards which upheld the integrity of Judges and Judicial Institution. One of the cardinal principle of natural justice is nemo debet esse judex in propria causa sua, which means no one shall be judge in his own case. Partial and biased judgment encompasses disastrous impression upon the innocent party as well as the society to the great extent. With the advent of rule against bias, even a small doubt on impartiality of Judge has been wiped out. This principle has strengthened the trust of people upon justice delivery system. However principle of natural justice rooted in the natural innate feeling of human being. This principle of rule against bias has upheld the dignity of sacred institution of justice by preventing it from committing the vice of partiality and injustice.1,135 views -
Due Process in Administrative Law in India: A Critical Assessment
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 1907 - 1915This paper describes the rights and responsibilities of individuals and organizations when interacting with government agencies. A fair and transparent governance system must be guaranteed. It helps prevent citizens from being taken advantage of by the government and also helps ensure government agencies are following correct procedures and laws. It discusses the importance of due process, its origins, India's transition from procedure established by law to due process of law, the implications of due process in administrative law, and various constitutional provisions and court decisions related to due process. The origins of Due process can be traced back to the Magna Carta, a document signed by King John of England in 1215, in simple words, it says that before any decisions affecting individuals and organizations are made, they must be given the opportunity to be heard. Due process has a significant impact on administrative law. Administrative law is the legal framework that controls a state's interactions with its population. Due process compels governments to observe specific criteria when making decisions that may impact the rights of individuals or organizations. The Indian Constitution and many judicial rulings protect the right to due process. In conclusion, due process in administrative law protects citizens from arbitrary and coercive government action and ensures that individuals have a chance to be heard before decisions that may impact them are made.1,647 views -
Analysing the Impact of Covid 19 on Ecommerce
LL.M. Student at Christ (Deemed to be University), IndiaPages 1916 - 1925The most popular and preferred method for acquiring different goods and services is through e-commerce. Nowadays, conventional shopping must take the role of online shopping. The only explanation for this is that buyers have access to a wide range of products from around the globe at their fingertips. The COVID19 epidemic is posing several obstacles that were not anticipated for the E-Commerce industry. The entire global e-commerce industry has been impacted by the coronavirus. The COVID-19 crisis will probably have a lasting impact on e-commerce. E-commerce is a business strategy that enables organisations and people to buy and sell goods and services online. Also, it is anticipated that social isolation and staying at home will increase customer preference for online shopping after COVID-19. The availability of items at lower prices, a broader selection, and the chance to save time are just a few of the many advantages it offers consumers. The goal of the current study is to demonstrate how COVID-19 has affected e-commerce in India and around the world, as well as how it has been overcome also discussing the future potential of e-commerce.937 views -
Group Insolvency Under IBC
HoD andAssociate Professor at School of Legal Studies & Governance, Career Point University, Kota, Rajasthan, IndiaPages 1926- 1939The Insolvency & Bankruptcy Code (IBC) was passed in India in 2016 with the intention of combining and reforming insolvency and bankruptcy legislation. The legislation establishes a time-bound mechanism for resolving insolvency for corporate entities, such as corporations &limited liability partnerships &individuals. The rules for group insolvency are a fundamental aspect of the IBC, since the bankruptcy of one member of a group may initiate the insolvency resolution procedure for the whole group. The goal of this research paper is to look at the IBC's provisions on group insolvency, with an emphasis on the definition of a "group" and the mechanism for resolving group bankruptcy. The article also examines the effects of group bankruptcy on the creditors and shareholders of the group's members. The article begins by defining the idea of a "group" as well as the criteria for deciding whether a collection of corporate individuals is regarded a single economic entity. The article then discusses the IBC laws pertaining to group insolvency, such as initiating the insolvency resolution procedure, the authority of the insolvency resolution professional, and creditors' rights in a group bankruptcy scenario. The report also assesses the effect of group bankruptcy on the group's stakeholders, which include creditors, shareholders, and workers. According to the findings of the research, group bankruptcy may result in considerable financial losses for creditors and owners, as well as job losses for workers. However, the IBC offers a structured framework for addressing group insolvency, which may assist to mitigate these effects and provide a way for impacted firms to recover. Finally, the IBC's rules on group insolvency are crucial in enabling the effective resolution of bankruptcy for corporate people in India. The report emphasizes the need of further research to analyze the efficacy of group insolvency provisions in practice and to suggest possible areas for improvement.1,389 views -
The Indian Constitution’s Basic Structure: It’s Development into the Foundation of the Constitution
Student at Amity Law School, Lucknow, IndiaPages 1940 - 1949Our legislators crafted the Indian Constitution and declared it to be the ultimate law of our nation in order to prevent any leadership from compromising the basic principles upon which India’s democracy was built. However, because the Constitution did not explicitly define the parameters of the Parliament’s modifying power, elected regimes routinely used this option to restrict people’s rights under Article 368 of the Constitution this abuse remained until the Indian Constitution took precedence over the amending powers of the Parliament when the Supreme Court held in “Kesavananda Bharati vs. State of Kerala (1973)” that Article 368 did not grant the Parliament the right to change the “Basic Structure of the Constitution” Following that ruling, the Basic Structure Doctrine has frequently been cited as a defence against the misuse of legislative powers by government apparatus in a number of political debates and judicial disputes. But how did this long and complicated journey result in the creation of the biggest safeguard of our Constitution against parliamentary powers? Furthermore, how exactly did this Doctrine serve its purpose? This paper examines the evolution of the Basic Structure Doctrine- right from the pre Kesavananda case position to the judgement day of that landmark case. It also analyses the further developments and usage of this Doctrine after 1973 towards becoming the pillar of our Constitution- a pillar which puts citizens’ rights and the idea of democracy over any government or legislator in the biggest democracy of the world.1,154 views -
Food Safety and Standards Act, 2006: Punishment for Unsafe Food in Milk and Milk Products
Assistant Manager – Legal at Tirumala Milk Products Pvt. Ltd., IndiaPages 1950 - 1965The adulteration of food is a subject in the Concurrent list of the Constitution. Prior to 1954, there were several state laws to regulate the quality of the food. However, there was variance in the provisions of different states and this posed problems in trade between different provinces. The need for a Central legislation was felt. Thus, the Prevention of Food Adulteration Act, 1954 was enacted by the Union legislature to tackle the problem of food adulteration which was rampant in the country. This Act was in operation until it was repealed in 2006 by the Food Safety and Standard Act, 2006. Along with it, several orders such as the Milk and Milk Products Order, 1992, the Fruit Products Order, 1955, the Meat Food Products Order, 1973, etc. also got repealed by the 2006 Act. There were several defects in the Prevention of Food Adulteration Act, 1954. Thus, to remove those defects and consolidate the laws relating to food safety and standards, the Parliament enacted the Food Safety and Standards Act, 2006 (hereafter referred to as ‘FSSA’). This Act repealed all the other laws in force relating to the quality of food. Section 91 of the Act empowers the Central Government to make rules under the Act. Some of these rules enacted by the Government which regulates the standard of food products are: Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011, Food Safety and Standards (Packaging and Labelling) Regulation, 2011, Food Safety and Standards (Laboratory and Sampling Analysis) Regulation, 2011, Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011839 views -
Federalism in India and Its Comparison with the US Federation
LL.M. Student at Christ (Deemed to be University), Bengaluru, IndiaPages 1966 - 1977India being the country with the most diversification in nature is also facing a lot of problem in withholding the concept of federalism especially when comes to the nation building and State formation in India, with the advent of different political party in different regime there has been a paradigm shift in the concept of federalism in India. In this instance, the paper is trying to begin with how the concept of federalism is being processed in the country by referring to the historical background wherein it has been witnessed that the post-independence period being regarded as the most rhetoric moment for India as there has been a security threat both internally as well as externally with some challenges in terms of the development in the country. Further, the paper will also identify as to the idea of the constituent assembly being discussed by the framers of the constitution with matters related to the incorporation of the concept of federalism in practice. As such the paper is also trying to highlight the points as to the development with changes in the concept of federalism especially in times of Covid wherein, the paper will categorically explore the impact of Covid 19 on federalism in India. With clear understanding about the concept of federalism in India, the author thereby goes on to compare the federal structure of both India and US by referring to ten yardsticks given by Ivo D Duchachek.1,286 views -
Pages 1978 - 1991Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and a denial of such a right through postponement could never be circumvented by placing before such institutions such restrictions or constraints that are related to the economy of a country, which in itself indicates the need for changing the government or its people who have brought a country to its knees through such haphazard economic policies which has led to such catastrophic events. This paper endeavors through a qualitative method using a doctrinal approach to evaluate the primary sources of law in the Sri Lankan legal system, inclusive of inter alia. the Constitutional provisions, statutory provisions, and the decided case law. In the discussion, it is both well founded and established that the right to franchise, even at the local governmental level is not really allowed under the existing laws of the country, nor could they be justified under any other presumed disguised pointing out that the severe economic crisis that has occurred.870 views
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Watching the Gatekeeper: Credit Rating Agencies and their Regulations
Student at National Law University, Delhi, IndiaPages 1992 - 2004A gatekeeper serves to play a role akin to that of a journalist, which involves assembling information and navigating through communication channels in order to make decisions regarding what shall pass through. In a similar way, a credit rating agency acts as a gatekeeper which is responsible for keeping investors updated and informed about the issues relevant to the securities that they might invest in. CRAs are a critical cog in the wheel of the marketability of securities which also be traded on secondary markets. The ratings are granted after a comprehensive analysis of every relevant objective and subjective factor revolving around the business and the financial management of the company, bringing out the weaknesses or strengths of the latter. In India, CRAs function under various regulations of SEBI and RBI. The biggest concern stemming from the way in which the CRAs function (issuer-pays-model) is that of conflict of interest. This is because CRAs are being paid by those very entities that they undertake to evaluate. This has often resulted in major crisis like situations in the market. The article highlights further concerns that stem from the former. It concludes by providing recommendations that could be utilized for curtailing the impact of the abovementioned deficiencies.801 views -
Pages 2005 - 2021The article analyses the Marine Fisheries Act, 2020 to determine whether this Act ensures the sustainable utilization of marine fisheries. Sustainable utilization of marine fisheries has the most vital role to play in improving the contribution of marine fisheries sector to the economic development of the Bangladesh. The article finds that the Act does not comply with the obligations of the international law for marine fisheries management and does not ensure coordinated approach among neighbouring countries. Besides, it has failed to address all factors affecting contribution of marine fisheries in an obligatory term. This paper recommends to incorporate international law principles in the Act explicitly and make the provisions legally enforceable to ensure sustainable utilization of marine fish stocks for enhancing its contribution to the national economy.1,046 views
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Notional Partition under Hindu Law: Meaning and Implications
LL.M. student at Chanakya National Law University, Patna, IndiaPages 2022 - 2036The idea of a Hindu joint family is one of a kind to Hindus and it is legitimately perceived. There are two schools of regulation that oversee the law of succession of the Hindu Undivided Family under Indian law, Dayabhaga and Mitakshara. Mitakshara law school just alludes to the male individual from the joint family and is stretched out to child, grandson, and extraordinary grandson of the family. A child by birth gets an interest in the responsibility for tribal property of the joint family. All male individuals from the joint family by and large have coparcenary (co-ownership) in the tribal property. After the 2005 Change of the Hindu Succession Act, a female can legally be a coparcener and is qualified for the segment. In this framework, the property can't be shared actually yet the offer can be found out in mathematical terms. This exists all through India except in Bengal and Assam. Dayabagha law school isn't intended for any orientation. After the death of the father, the right of property wins to the children however not naturally after birth like in the Mitakshara system. The father has full and uncontrolled control over the genealogical property until his demise. This framework is significantly seen in Bengal and Assam. In this framework, the property is truly isolated into explicit parcels and is appointed to each coparcener. In 2005, the Indian governing body made a few changes to the Hindu Succession Act, 1985. It iterated that the devolution of the property will be as per the survivorship assuming there are just male beneficiaries in the family and no female beneficiaries. On the off chance that the family has both male and female beneficiaries, the idea of survivorship won't make a difference, the devolution will happen to the beneficiaries endorsed by the law.2,098 views -
Law and Ethics of Human Rights
Student at Christ (Deemed to be University), Bengaluru, IndiaPages 2037 - 2047Human rights are a set of standards that govern how individuals and groups are treated by states and non-state entities based on moral precepts pertaining to what society deems essential to a decent living. These requirements are outlined in national and international legal frameworks, which specify how to hold duty-bearers liable and compensate persons who may have suffered from violations of human rights. The paper aims to look at the conflicts between human rights and state sovereignty after discussing the use of human rights in ethical, legal and advocacy discourse. It also focuses on the challenges to the universality of human rights, the list of rights recognised by the international community, and the tools available to translate the lofty aspirations of human rights into practice.1,043 views -
Adoption: Fundamental Changes brought about by Hindu Adoptions & Maintenance Act, 1956
LL.M. student at Chanakya National Law University, Patna, IndiaPages 2048 - 2063The Hindu Adoption and Maintenance Act, 1956 has now totally classified the law of adoption and has materially adjusted it. This amendment compared the necessities of dynamism of Hindu society. Presently after the enforcement of this Act, each adoption will be made as per the accordance with the provisions of this Act. Any adoption made in violation of the provisions of this Act will be void. The Act will apply just to Hindus however the term Hindu has been deciphered in an exceptionally wide implication in order to incorporate Jains, Sikhs, and Buddhists. Every one of the texts, rules and customs, which were in vogue, preceding the Act came into existence shall not have effect regarding any matter for which provision is made in this Act. The Doctrine of Relation Back has been totally repealed by which a son adopted by the widow was considered to have come into existence in the adoptive family on the day of the death of her husband.2,600 views -
The Impact of Environment Related Laws on the Indian Society
Ph.D. Research Scholar at Osmania University, IndiaPages 2064 - 2074Both before and after independence, India has had around 200 laws addressing environmental protection. The laws in force prior to independence, however, did not simply address environmental protection. Public health, safety, and convenience related offences are covered in Chapter XIV of the Indian Penal Code (IPC), which also covers water, air, and noise pollution. Post-independence legislation, however, only focuses on environmental preservation. There are many different topics covered by environmental law. They are all united by the need to protect nature and the environment. The public becomes aware of and concerned with environmental legislation through pollution, which is the earliest and most evident way. Resource sustainability laws are necessary. This is defined as the capability or desire to sustain a resource at a specific level and is based on three scientific principles, including a higher reliance on renewable energy sources, biodiversity, and the biochemical cycle. In most cases, usage restrictions or replacement standards were imposed. The general philosophies and ideas, including responsibility across international borders, equity and equality, polluter pays, the precautionary principle, prevention, and sustainable development, are put into practise for a number of different reasons. Some are intended to promote the general public's welfare, safety, and health. Others are implemented in order to protect against additional sorts of harm. so that the same levels of health and prosperity that the rest of us have enjoyed for generations will be available to future generations.1,111 views -
Collective Bargaining in India: A Critical Analysis of its Structure and Framework
Student at Amity Law School, Noida, IndiaPages 2075 - 2088Collective bargaining is the term used to define the process whereby employers must attempt to negotiate an agreement with the trade unions rather than with specific workers over terms of employment and working conditions. This is typically done with the objective to enable workers voice their concerns and engage in improved negotiations with their employers in order to fulfil certain demands and rights of the workers, including those pertaining to working hours, salary, working conditions, etc. This practice is often quite effective since it frequently results in companies acting to address the concerns of the employees. In India's private and public businesses, this method of resolving industrial disputes has revolutionised labour relations. This is due to the fact that business and commerce will inevitably encounter problems, and it is impractical to have courts adjudicate every one of them. As a result, using collective bargaining as a form of dispute resolution in the workplace has proven to be effective. This paper's primary objective is to critically analyse the concept of collective bargaining in general, including a study of its scope, aims, types, conditions, environment, theories, and various levels, among other topics. Additionally, it makes an effort to examine its concept from an Indian perspective in order to comprehend its framework and structure in the Indian context.2,902 views -
Critical Analysis of Deceptive Practice and Fraud against Consumers in Relation to Consumer Protection
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 2089 - 2106Protection of consumer’s rights and interest is accomplished through advocacy, mobilization, and education. Protection of consumers assures them to have access to efficient redress methods and are able to make well informed decisions about their options. Additionally, it encourages companies to ensure the caliber of the goods and service they provide. This research paper deals with how consumers suffer from any fraudulent practice during trade or business. The consumer protection bill of 1986 contains provisions supports the creation of consumer council and other organizations for the resolution of claims and for matters thereto, with a view to protecting consumer’s interests. The Indian government eventually adopted the consumer protection ct, 2019, to handle concerns relating to consumer rights abuses, unfair business practices, deceptive advertising and other situations that are detrimental to consumer’s right. The measure was to have provisions for online consumers, according to the parliament because technology has been getting better and during the past years, a lot more people have started purchasing and selling goods and services online more. Consumer fraud is typically defined as unethical business tactics that result in losses for consumers, whether they are monetary or otherwise. The victims are actually being scammed while they think they are taking part in legitimate and lawful business transactions. Fraud against customers frequently includes actions that defraud them directly of their money as well as activities that make misleading promises or erroneous representation to them. Business should also avoid deceptive or unfair practices that harm consumers to intentionally mislead them. In turn, consumers must understand and be able to exercise their legal right. In order to raise awareness and connect with consumers, consumer associations are crucial. According to the consumer protection act, a three-tiered enforcement structure called to handle consumer complaints, It is necessary to establish the consumer dispute redressal forums. This research paper also states about the government intervening towards these practices.1,184 views -
Law is a Command of the Sovereign Backed by Sanction: Austinian Command Theory of Law – Revisited
Assistant Professor under West Bengal Higher Education Department, Government Centre of Legal Education (Formerly PG Department of Law, Hooghly Mohsin College) Government of West Bengal, Chinsurah, Hooghly, West Bengal, IndiaPages 2107 - 2116The emergence of positivism in legal philosophy is the consequence of a shift in emphasis from metaphysical to empirical method in the study of theoretical philosophy. It was British philosopher David Hume and French philosopher Auguste Comte who initially devastatingly destroyed the basic assumptions of Natural Law philosophy with imperative view getting upper hand over all other variants of philosophical thought. Friedman classified positivism into Analytical and Pragmatic. Law according to Analytical positivism- is the command of a political authority. John Austin, the celebrated jurist is the classic representative of Analytical positivism. He was a 19th century British legal philosopher who formulated a systematic alternative to both natural law theories of law and utilitarian approaches to law. This approach was termed “Legal Positivism” because it tries to describe “law as it is” in terms of what humans posited or set. Austin’s theory of law is a form of analytical jurisprudence because Austin used ‘analysis’ as the chief instrument for studying law. Austin’s particular theory of law is often called the “command theory of law” because the concept of command lies at its core. Austin said, law is a command of the sovereign, backed by a threat of sanction in the event of non-compliance. Dr. Allen calls his school “Imperative School” for his emphasis on sanction as an important aspect of law.6,300 views -
Socio-Economic Rights and Judicial Review
LL.M. student at School of Legal Studies, Cochin University of Science and Technology, IndiaPages 2117 - 2135Socio-economic rights are an integral component of human rights that ensure basic needs, such as housing, health, education, and employment, are met for all individuals in society. While some countries have constitutional provisions that guarantee these rights, enforcing them can be challenging due to their non-justiciable nature. Judicial review is one mechanism that can be used to enforce socio-economic rights. It allows for the review of legislative or executive decisions that impact these rights and can lead to a court order to enforce them. However, judicial review of socio-economic rights is not without controversy. Some argue that it infringes on the separation of powers doctrine, while others argue that it places an undue burden on courts. Additionally, there are questions about the appropriate remedies for socio-economic rights violations. Despite these challenges, the use of judicial review to enforce socio-economic rights has gained acceptance in many countries. It has been used to address issues such as inadequate housing, lack of access to education, and discrimination in employment. The use of judicial review has also contributed to the development of socio-economic rights jurisprudence, which can guide future decisions. In conclusion, while the enforcement of socio-economic rights through judicial review can be complex, it remains an important tool for promoting human dignity and social justice. As such, it is important for courts to balance the need for enforcement with respect for the separation of powers and other legal principles.898 views -
Hate Speech: A Threat to the Unity and Peace in India
Student at CMR University, School of Legal Studies, Bangalore, IndiaPages 2136 - 2144The Indian constitution has given freedom of speech and expression as a fundamental right. But this right cannot be given in an absolute manner as speech which would disturb the peace in the society and create enmity or chaos in the society is not permissible. There are a huge number of instances of hate speeches in India which most often lead to communal clashes in the nation and therefore disturbing the peace in the society. It is important to note that though there are laws which prohibit hate speeches or make it a punishable offence under the Indian penal code, the inefficient implementation and lesser punishment for such crimes makes it an offence which is not taken that seriously. The recent spike in the incidents of hate speeches in India have resulted in huge disturbance in the society and such incidents doesn’t seem to be halted but in turn are increasing every day. It is important to make laws and amendments to make sure such incidents are reduced and thereby securing peace in the society. This paper tries to analyze the present laws which are present for the offence of hate speech. Firstly, the paper tries to differentiate between hate speech and the freedom of speech and expression, to look whether the offence of hate speech can be defended under the right to freedom of speech and expression. Secondly, the paper looks into the sections of IPC which deal with the offence of IPC, also covering the other laws which deal with it and tries to analyze if those laws are sufficient by considering the spike in the cases of hate speech. Lastly, it tries to give suggestions on changes in law to deal with such offences effectively and measures that can be taken to prevent it.3,182 views -
A Conceptual Analysis of Social Media Marketing
Student at Amity Law School, Amity University Rajasthan, IndiaPages 2145 - 2152One of the "best options" today for a product to connect with potential buyers or target customer is social networking. In the past century, the world of marketing has witnessed inconceivable transformations. Social media are the platforms where users can interact efficiently and effectively. These social media establish a closer connection with consumers, earning their trust and ensuring repeat sales. Since the beginning of the season, community web marketing has become several firms' guiding principle. One cannot even begin to imagine the degree of change that marketing strategies, tools, and techniques have undergone. In a conventional economy, a market was only restricted to a physical location and had numerous time, place, and utility restrictions. Because all marketplaces are reachable at the touch of a finger, the era of globalisation has insured that the world market has dwindled to the size of a human hand. Social media, which first served as a platform for human contact, has reportedly evolved into one that can be utilised successfully for brand positioning, advertising, and many other facets of marketing management. Promoters are more interested in social media than ever before, and they are starting to implement new social programmes at a pace faster than before. As fantastic as it is, the social media trend is exploding, and the rate at which it is improving is aggravating. International businesses have recognised social media promotion as a promising mechanism for promotions and have embraced it to bolster their marketing efforts. This research paper examines the concepts of social media and social media promotion as well as related topics such social media's development and benefits, its role in advertising, and its various strategies required for promotion.1,102 views -
The Idea of Territory in International Law
Advocate with the Bar Council of Maharashtra & Goa, IndiaPages 2153 - 2156The presence of a territory is of utmost importance for a state to be a legal person. Therefore the nature of territory becomes a vital part in the study of international law, because fundamental legal concepts such as jurisdiction and sovereignty can only be comprehended in relation to territory. This paper analysis the idea of what constitutes “territory” in the international legal sphere in order to understand the concept of state in International law.1,251 views -
Complications in Patenting Biotechnology
Advocate with the Bar Council of Maharashtra & Goa, IndiaPages 2157 - 2165Biotechnology is a unique science which deals with the modification of natural processes and living organisms. The intellectual property rights regime, around the world has transformed through the growth of research and development undertaken in the field of biotechnology. Ever since the US Supreme Court granted patent rights to a genetically engineered micro-organism, the field of biotechnology has gained mammoth significance. Further, patents have been granted to genetically engineered plants and human genetic material. With such enormous growth of research in this field, several revolutionary and innovative trends have been adopted in the recent times, which has resulted in new found challenges for authorities granting patents. The nature of the field prevents the application of an individual generic patent model for the varied classes of biotechnology. This paper will examine and analyse the effectiveness and complexities of patenting biotechnology inventions and existing lacunae in the law.1,020 views -
Investing in Rwanda: The Law on Investment Promotion and Facilitation 2021
Trainee Advocate at Rwanda Bar Association, RwandaPages 2166 - 2170Wealth creation and acquisition is the most important route to take in order to improve on living standards and the general wellbeing of any individual in particular and the society as a whole. One of such ways (if not the most important way) of creating and acquiring wealth is through strategic investments. Investing is the process of assigning a particular sum of money or portion of asset in order to attain an increase in value over a period of time (long or short term). Investment involves risk and the willingness to sacrifice money, time, assets and effort. Like most concepts or notions, investing or investment is regulated, determined, promoted and protected by the law on investment (international or national legislation). In Rwanda, investment projects are regulated, promoted and facilitated by the law no 006/2021 of 05/02/2021. The investment law of Rwanda is designed to promote, facilitate, incentify and attract foreign investment in certain sectors of the Rwandan economy known as priority sectors (article 4 of the law on investment promotion and facilitation).1,114 views -
Metaverse: Convergence of the Digital and Physical World
Student at Amity Law School, Amity University Rajasthan, IndiaPages 2171 - 2182The concept of the metaverse has been discussed in science fiction and video games for decades, but it is now becoming a reality with advancements in virtual and augmented reality technologies. The metaverse is essentially a virtual world where people can interact with each other and with digital objects in a fully immersive environment. It is being developed by a number of tech companies, including Facebook, which recently changed its corporate name to Meta, emphasizing its commitment to building the metaverse. The metaverse has the potential to revolutionize the way we work and socialize, presenting a range of opportunities and challenges for businesses. One of the most exciting opportunities is the potential for virtual reality training and development. With the metaverse, employees can be trained in a fully immersive environment, allowing them to practice skills and procedures in a safe and controlled setting. This can be particularly useful in industries such as healthcare and manufacturing, where mistakes can have serious consequences. In this article we will do case study on Mark Zuckerberg, the CEO of Meta, on how he introduced metaverse on his platform and what are its advantages and scope for future. The main question is ‘how to get into the metaverse’ and the first step is to find the right platform. There are many platforms which can be considered as a version of the metaverse. Metaverse can include many different digital platforms which focus on different-different areas such as real estate, gaming, non-fungible tokens (NFTs), etc and One of the most popular platforms is Roblox, which currently has more than 49 million active users. In this article we will understand about how to find the right platform, how to Boost your online presence, what are the benefits of AR and VR apps and how to develop them, how to focus on our target audience and what is the future of metaverse and whether we should shift to it.873 views -
Pages 2183 - 2194The focus of this research paper is the legal position of gig workers in India. As the gig economy continues to grow in the country, gig workers have emerged as a significant segment of the Indian workforce. However, they often face legal and regulatory challenges related to taxation, insurance, and labor laws, which can affect their earnings, job security, and social protection. The research analyzes the existing legal framework for gig workers in India and identifies the gaps and challenges that need to be addressed. It highlights that the current labor laws in India do not adequately address the needs and rights of gig workers, who are classified as independent contractors rather than employees. This classification denies them access to benefits and protections that are available to traditional employees, such as minimum wages, social security, and health insurance. The research also notes that gig workers in India operate in a largely unregulated environment, which leaves them vulnerable to exploitation and abuse by clients and platform operators. There is a need for a comprehensive legal framework that recognizes the unique characteristics and needs of gig work and ensures that gig workers are protected under the law. The research highlights some of the recent legal developments in India, such as the proposed social security code and the recognition of gig workers under the new labor codes. These developments aim to provide better social protection and labor rights for gig workers, but the implementation and effectiveness of these measures remain to be seen. The research concludes by emphasizing the importance of establishing a legal framework that addresses the specific needs and challenges of gig workers in India, to ensure that they can work in a safe, fair, and sustainable environment.3,036 views
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Sustainability and Artificial Intelligence: An In-depth Analysis of Futuristic Market
Student at Amity Law School, Amity University, Rajasthan, IndiaPages 2195 - 2203Artificial Intelligence is a method of processing data of consumers and helps a firm/company to foresee the next move of a customer and helps the firm to improve customer satisfaction. Artificial Intelligence has been a persistent topic to research about in the market for a very long period now. Companies are eager to utilize to join this new tussle of AI marketing but they are not aware of the repercussion of this new technology in the sustainability of the market. Expansion in the market of AI has both positive and negative effects on the existing market. This article provides an overview of the need for artificial intelligence in businesses along with the sustainable need of the market. Artificial Intelligence is a budding tool to solve the issue related to sustainability. AI is helping to bridge the gap between customers and the marketer. The present article focuses on the details of sustainability along with its pros and cons of AI. The main motive of the article is to know how marketers can use AI in their business in a more effective manner. It also includes the question of whether there is any room for improvements in the current methods of prevailing AI by keeping in mind the need of sustainability. As we know, Artificial Intelligence is evolving from time to time and according to our needs, this article includes the author’s point of view along with conclusion and bibliography. This article focuses on the core areas of artificial intelligence and sustainability and describes the topic in depth.807 views -
Promotion of Peace and Security through Law in Democratic Countries like India
Student at NMIMS, Bengaluru, Karnataka, IndiaPages 2204 - 2209It is crucial that all citizens in a democratic political system have an equal say in this. It is also crucial that everyone is subject to the law equally and that no one is exempt from it. All individuals who are a part of a nation's community must abide by its laws. But laws will never be flawless. They were made by humans and may require modification. They might become outdated, ineffectual, or just plain unfair to some social groups. Last but not least, laws should respect human rights. This is crucial to ensuring that laws are equitable so that they are not abused by a dictatorship or as a tool of oppression. Therefore, the majority of democratic regimes rely on written constitutions that offer a human rights framework that supersedes national legislation. To determine whether legislation are in accordance with the constitution or not, some nations have also established constitutional courts.918 views -
Environment Justice and Climate Change: A Burning Issue
Research Scholar at Guru Nanak Dev University (Gurdaspur Campus), Amritsar, IndiaPages 2210 - 2222The significance of environmental protection and preservation The significance of environmental protection and preservation situation's urgency cannot be disregarded in today's environmental concerns and global warming era. Most companies are becoming conscious of the impact of their operations on the environment. They are making policies to demonstrate their commitment to mitigating its direct and indirect environmental effects. Many actions include planning their facilities in an environment-friendly manner, leaving a minimal footprint on the neighboring environment, minimizing the destruction of natural areas, habitats, biodiversity, and reducing soil loss in and around the campuses. Simultaneously, some individuals are becoming more energy-efficient and pollution-free. Without a doubt, in the context of fast-developing Increased economic activity, coupled with rapid urbanisation, rising a higher level of living and more money to spend in countries like India and China, has put enormous strain on the natural and environmental resources available in these countries. Concerns about a healthy economy and clean environment have grown, resulting in policies and strong political will. to develop sustainable energy sources. The challenge in current timing is achieving a sustainable balance between environmental management and economic growth. Climate change studies in the Amazon have been largely focused on monitoring biomass reduction and the regional climate. Interactions have recently received more attention. among anthropogenic activities, such as deforestation and urbanization, climate change variables, and hydroclimatic systems. Moreover, very few studies focus on vulnerability to climate change in Amazon Delta and Estuary (ADE) cities, despite the enormous scale of exposure to floods and other hydro-climatic hazards present in the region. Though many animals make They aren't human, hence beaver dams and termite mounds are considered natural. The developed environment stands in stark contrast to the natural environment. Humans have radically affected landscapes such as urban settings and agricultural land conversion into built habitats, transforming the natural world into a simpler human environment. Even deeds that seem less extreme, such as building a mud hut or a photovoltaic system in the desert, the modified environment becomes artificial.746 views -
Pages 2223 - 2237Abortion rights have been a controversial topic in India for several decades. The debate centers on the right of a woman to make a choice about her body and the authority of the State to regulate the reproductive rights of women. In India, abortion is legal under certain circumstances, but the process of accessing safe and legal abortions remain a challenge for many women. This research paper delves into the complex and fascinating history of abortion rights across the globe, with a particular focus on the United States and India. Through a meticulous examination of landmark cases, including the highly influential Roe v. Wade presents a comprehensive overview of the evolution of abortion rights in America. Additionally, the recent Dobbs v. Jackson Women's Health Organization (2022) case and the contentious impact of political strife on women's rights are explored in detail. In the Indian context, this paper provides an in-depth analysis of Medical Termination of Pregnancy (MTP) Act (1971), and the latest MTP Amendments Act (2021). The 2022 Supreme Court judgment in X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi is also dissected, lending new insights into the current state of abortion rights in India. The conclusion offers valuable insights and recommendations for the advancement of women's reproductive rights in both countries.1,256 views
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Section 15 of the Hindu Succession Act, 1956 and Women’s Property Rights in India: A Critical Analysis
Student at Alliance University, Bangalore, IndiaPages 2238 - 2258This paper predominately focuses on section 15 of the Hindu Succession Act, 1956 and the Property Rights of Women in India. This paper encloses the aspects of property rights of women in all the legislations available so far through the judicial pronouncements. It also mentions the constitutional validity of section 15 of the Hindu Succession Act, 1956 and why it is considered to be discriminatory in nature. Finally, the paper addresses the jurisprudence notion behind the property rights of women in world by giving an overview of the requisite theory related to. The author extensively will use the judicial pronouncements in order to prove the hypothesis and full fill the objectives of the research paper.1,479 views -
E-Vehicles the Future of Transportation: Comparative Analysis with Hybrid Vehicles
Student at Amity Law School, Amity University, Rajasthan, IndiaPages 2259 - 2264The current state of air pollution in India is a major worry. Numerous Indian towns are among the most polluted in the world, according to a recent survey. The industrial and transportation sectors are the two main sources of air pollution. Among these, the industrial sector is responsible for 51% of air pollution, and the transportation sector for 27%. Every year, 2 million Indians die before their time due to air pollution. Electric Vehicles (EV) can help to reduce GHG emissions and hence help to reduce air pollution. Numerous benefits, including a drop in pollution and lower costs for oil imports, are provided by electric vehicles. Even Nevertheless, there are many risks involved with introducing electric vehicles in India. In addition to EVs, hybrid cars have a lot of potential in the Indian market. A hybrid vehicle is one that draws its power from two or more different sources, such as submarines that operate on batteries when submerged and diesel when they are surfaced. To enhance both fuel and energy economy, hybrid powertrains are made to switch between different power sources. For instance, in hybrid electric vehicles, the combustion engine is better at maintaining high speed while the electric motor is more effective at providing torque, or turning power. The three main advantages of hybridization are increased efficiency, lower emissions, and cheaper operating costs when compared to non-hybrid vehicles. This article provides a quick review of the research on electric vehicles and lists the benefits and drawbacks of marketing EVs in India while comparing them to hybrid cars.953 views -
Concept of Res Judicata
Advocate in IndiaPages 2265 - 2269The concept of Res Judicata finds its evolvement from the English Common Law system, being derived from the overriding concept of judicial economy, consistency, and finality. From the common law, it got included in the Code of Civil Procedure and which was later as a whole was adopted by the Indian legal system. From the Civil Procedure Code, the Administrative Law witnesses its applicability. Then, slowly but steadily the other acts and statutes also started to admit the concept of Res Judicata within its ambit.981 views -
The Principle of Corporate Personality
Student at Amity Law School, Lucknow, IndiaPages 2270 - 2278Corporate personality is a commercial legal device kept forward by the companies act. It is the creation of law where the company states itself as a legal personality or an artificial person which has its own rights and duties. In this research paper authors have gone through various books, research papers and online materials to draw down the principle of the corporate personality in one concentrated form. In this research paper the authors have focused upon the Companies Act 2013 for mentioning the vital definitions related to the topic. The research paper gives description about what exactly is a corporate personality, its characteristics, etc. The paper also focuses upon the “lifting of the corporate veil” and why is it termed as a disadvantage of the corporate personality along with the case laws.1,885 views -
Sections 40-47 of the Central Goods and Services Tax Act, 2017
Student at National University of Advanced Legal Studies, Kochi, IndiaPages 2279 - 2285The Central Goods and Services Tax (CGST) Act, 2017 was enacted by the Indian government to regulate the taxation of goods and services under the Goods and Services Tax (GST) regime in India. The CGST Act provides the legal framework for the imposition and collection of the Central Goods and Services Tax, which is a tax levied by the Central government on the intra-state supply of goods and services. The Act also lays down the rules for availing input tax credit and the procedures for furnishing of outward supplies, inward supplies, and returns. Sections 40, 41, and 42 of the CGST Act are crucial in facilitating the returns and refund process. Section 40 deals with the first return and the issuance of refund in cases of excess payment of tax, while Section 41 deals with the recovery of tax not levied or short-levied or erroneously refunded. Section 42 deals with matching, reversal, and reclaim of input tax credit, ensuring that the credit taken by the recipient matches the details of the supplier. The CGST Act plays a significant role in regulating the tax system in India, and it is essential for taxpayers to comply with its provisions.1,149 views -
Telemedicine in India: A Critical Analysis on the Regulatory, Legal, & Ethical Consideration of Telemedicine
Student at Maharashtra National Law University Mumbai, IndiaPages 2286 - 2296There are many concerns about the legal and ethical aspects of telemedicine. These include the responsibilities and potential responsibilities of medical professionals, the obligation to maintain the confidentiality and confidentiality of patient records, and the legal issues surrounding cross-border consultations. It also describes the refund of telemedicine expenses. Telemedicine enables the transmission of cross-border health information. Cross-border telemedicine services have been introduced, especially in specialized areas such as long-distance radiology, but the jurisdiction and registration issues have not yet been fully resolved. This can be true for many of the legal and ethical aspects of telemedicine in general, but it is also true for healthcare professionals who use telemedicine carefully to minimize the possibility of forensic complications. Telemedicine is the process of transmitting information from one point to another and using electronic signals to provide medical services. Intuition for many people who want medical care today. Telemedicine looks up the internet. Technically, it is possible to access the database from the outside. Information is included so that can verify the protection and confidentiality of your personal data. It's very difficult. Ethical issues arise especially during the data protection phase. Therefore, on the one hand, the planned use of technical means, on the other hand, the risks that may arise. It is ethically valued.1,051 views -
The Role of the Assam Rifles, The Latest Empowered Department and Other Empowered Departments / Agencies under the Narcotic Drugs & Psychotropic Substances Act, 1985 in Containing the Drug Menace in the North East India: An Analysis
Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, IndiaPages 2297 - 2337North East India comprises the eight states of Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. This region accounts for 7.6 percent of India’s land mass and 3.6 percent of India’s total population. The countries that border the North East Indian states, in alphabetical order, are Bangladesh, Bhutan, China, Myanmar and Nepal. The article takes the esteemed readers through the trends and the issues that are plaguing the North East India on account of huge and easy availability of drugs which come into the country and role of Empowered Departments, especially the Assam Rifles, in containing the illicit drug trafficking and the cases booked by them. The role of the Empowered Department in destroying the illicit cultivation of cannabis and opium poppy merits being appreciated.1,209 views