Issue Archive · Open Access
Volume VI – Issue III - Part 2 / 2023
Articles · 132
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Pink Tax: A Gender-Based Price Discrimination
Student at Seedling School of Law and Governance, Jaipur National University, IndiaPages 2501 - 2505Pink Tax is a price discriminatory tax that is “gender-based”. This tax imposes an unreasonable tax on women, while men are free from any such type of hidden tax specifically imposed for the products specially marketed towards them. Pink Tax is the result of gender socialization and is viewed as detrimental to women. This tax creates unnecessary discrimination based on gender in the 21st century and, hence, is bad for society’s development. Pink Tax is one of the least talked about topics and, hence, is in dire need of more research and publications.1,557 views -
Comparison of Euthanasia Laws in Belgium, the Netherlands, and the United Kingdom
Student at Reva University, IndiaPages 2506 - 2512The deliberate taking of a person's life to eliminate suffering is still a hotly debated topic across the globe. The rules governing euthanasia in Belgium, the Netherlands, and the United Kingdom are compared in this abstract. The objective is to investigate the end-of-life decision-making processes, safeguards, and public attitudes in these jurisdictions. According to the Suicide Act of 1961, euthanasia is still prohibited in the United Kingdom. However, the subject has received a lot of attention recently, sparking discussions of legalising assisted suicide. Numerous high-profile cases have sparked public debates and brought attention to the necessity for a thorough legal system to address the complicated moral and practical implications of euthanasia. On the other hand, the Netherlands and Belgium have implemented various euthanasia-related legislative strategies. With the passage of the Termination of Life on Request and Assisted Suicide Act in 2002, the Netherlands became the first nation to make euthanasia lawful. Patients who are in terrible pain may seek euthanasia under tight guidelines and procedural safeguards, with the concurrence of several doctors. Although continuous discussions and advancements influence its interpretation and application, the legislation guarantees openness, accountability, and protection for those who are most in need. Similar to other countries, Belgium legalised euthanasia in 2002 via the Act on Euthanasia, with a focus on protecting patients' autonomy and dignity when they are experiencing unending agony. The law allows euthanasia for adults and older minors who are considered to be able to give informed permission. Strong measures are in place to prevent abuse and defend the rights of patients, including several medical consultations, a waiting period, and reporting requirements. This study contributes to the current conversation about end-of-life options by examining the legal systems and social situations around euthanasia in the United Kingdom, Netherlands, and Belgium. Examining the efficacy of regulatory frameworks and their effects on people, healthcare professionals, and society at large requires an understanding of the similarities, variations, and changing perspectives within different countries.1,659 views -
Fraudulent NRI Marriages and the Issues related to NRI Marriages
Student at Mahindra University, IndiaPages 2513 - 2524NRI marriages are understood as marriage between Indian women from India and Indian man residing outside India. Overseas Indians, regardless of their status, make up a sizable proportion of Indian society, In general, these Indians have brought with them not only their religion, traditions, culture, languages, and food habits, but traditional Indian marriages. Indian women are married with the hope to rejuvenate the Indian culture and traditions in the way they practiced in their homeland, and thus leading to acculturation. However, the incidents of failed and fraudulent marriages of Indian Women with NRIs are increasing day by day. The problems in Overseas Indian marriages are complex in nature as these often fall within the purview of both the Private International Law and the homeland law, The Hindu Marriage Act, 1955. In recent times dispute related to child custody has been surfaced out of the fraudulent NRI Marriages. Besides, NRI husbands abandon their wives for the termination of marriages and after such abandonment of wives in their original countries and initiate divorce proceedings in foreign lands. In many cases, the women are physically abused and mentally harassed before they are forced to flee. Another rising issue is dowry, even though it is banned in India, the groom’s family seeks dowry indirectly implicating the security of the newly married couple or as a condition for the couple’s marriage while the groom flees away, and his wife awaits her visa. The research paper aims to throws light on the present conditions of NRI marriages and highlights the different approaches to addressing these problems one of them being mandatory Registration of Marriage of Non-Resident Indian Bill, 2019 and the author will bring upon their suggestions from the research on this topic.1,525 views -
The Link between One’s Identity and Culture and the Role of Language as a Medium for Contact and Communication
Student at Symbiosis Law School, Hyderabad, IndiaPages 2525 - 2533To express ideas and communicate effectively, language is a strong and essential instrument. Diverse civilizations speak diverse and distinctive languages, or at the very least, a different dialect. Our identity is clearly influenced by our language. The main aim of taking this topic is to cover the issue that one faces due to language and cultural non-resemblance and it ultimately impacts one’s identity. This issue would be explained through my own experience. Other examples of elements that influence our identity include gender, ethnicity, and culture. But language "is essential in forming our identity. This review study intends to provide a better grasp of the relationships between language, identity, and cultural diversity in order to help learners gain a greater comprehension of these ideas for upcoming work or projects, language may also serve as a marker of authority and cultural affiliation. From the perspective of studies done addressing the Same, the current study examines the relationship between language and identity. Social existence is mostly linguistic. In addition, there is a huge variety of languages spoken by people. Therefore, this study article will discuss how to get beyond the difficulties caused by the language barrier, particularly for individuals who are not native speakers but have moved to a certain location because of personal issues and are consequently caught in the language's web. The most widespread and arguably the most intricate and fascinating of all human abilities is language. Since it is a tool for interactions between individuals, it fosters the cultivation of people's skills, sparks creativity, invention, and originality, allows people to share and transmit their knowledge and experiences, and, overall, contributes to the creation of societies. Language-related worries are nothing new. The study's findings show a strong connection between one's identity and language, culture, and background.1,034 views -
Trade Mark Infringement
Student at Reva University, Bangalore, IndiaPages 2534 - 2539Today's global marketplace presents a major danger to brand owners from trade mark infringement in terms of law, business, and reputation. This abstract gives a general review of trade mark infringement, examining its definition, essential components, and possible repercussions for both violators and owners of intellectual property rights. When a registered trade mark or a mark that is confusingly similar to it is used without authorization, it is referred to as trade mark infringement. The key components of trade mark infringement are examined in the abstract, including the need for a legitimate, registered mark, the potential of confusion, and the use of the mark in commerce. Trademark infringement can have serious repercussions for both the violator and the brand owner. In some jurisdictions, violators may be subject to legal action, which may include injunctions, damages, an accounting of profits, and potential criminal penalties. In addition, reputational harm can result from unfavourable press coverage of illegal activity, which can undermine consumer loyalty and trust. However, trade mark owners may incur financial losses as a result of diminished brand value, diminished market share, and diminished competitive advantage. Brand owners can take preventive steps to safeguard their trade marks, such as conducting thorough searches, registering their marks, and vigilantly scanning the market for suspected infringements. For limiting damages and maintaining the integrity of the system, early detection and punishment of violations are essential. The abstract also discusses new issues facing society in the digital age, including online trademark infringement, counterfeiting, and the expansion of social media platforms as possible sites for infringement. It emphasises how crucial it is to modify legislative frameworks and enforcement practises in order to effectively counter these changing dangers. In summary, trade mark infringement puts brand owners at serious risk, needing vigorous enforcement and protection measures. In order to promote a fair and competitive marketplace and protect intellectual property rights, it is essential for both businesses and consumers to understand the legal and commercial ramifications of trade mark infringement.843 views -
Hindu Personal Laws in Bangladesh: Challenges and Prospects of Women’s Rights
LL.M. Student of Department of Law at Bangladesh University of Professionals, Dhaka, BangladeshPages 2540 - 2565Inequality for women in Bangladesh is more of a social issue than a legal one. Inequalities in the application of the law, with the exception of private concerns, are hardly ever observed. Religious rules or conventions, however, govern personal concerns. Since Hindu Law is the most ancient Law in the world, it deviates, changes or modifies immensely. Different schools are explained it in a different way except with basic instruments. It modifies through the commentaries and customs. Although these norms or traditions are classified separately under the heading of “Personal Law” in Bangladesh's legal system, they are not, in their totality, drawn from religious laws or customs. Laws and ordinances altered their application. These, however, have not been sufficient to create equality between men and women. Gender norms hinder compliance with present laws. For easy understanding of the common people the concerned authority should codify new rules and regulations with proper reference with Shastra Law and keep in mind with International Obligations. This paper examines some notable legal constraints on the way to ensure the fruitful implementation of Women’s Rights and offers some observations on assuring justice for all the Hindu Women in Bangladesh.1,339 views -
Section 151 of the Civil Procedure Code in India: Critical Examination of its Concept, Principles, and Legal Standing
Student at Symbiosis Law School, Pune, IndiaPages 2566 - 2570This paper offers a thorough critical study of Section 151 of the Civil Procedure Code (CPC). Courts are given the inherent power to issue orders under Section 151 in order to uphold the rule of law and prevent the abuse of the legal system. The paper dives into the idea and principles of Section 151, tracing its origins and examining its function within the Indian legal system. The paper investigates the position of Section 151 in India, concentrating on judicial creativity over this section and the scope of its application. The study looks into the various conflicts and difficulties that may arise when these powers are used to the extent of discretion and rise to the possibility of abuse. The paper also offers alternative revisions and future orientations for this provision, aiming at improving its effectiveness in answering the current demands of Indian civil litigation, through a critical analysis of the body of existing literature and legal precedents.1,835 views -
Deciphering the Legal Enigma: Unraveling Guardianship after the Demise of the Ward and Its Ramifications for Legal Heirs in the Banking Realm
Student at National Law University, Jodhpur, IndiaPages 2571 - 2577The Guardians and Wards Act, 1890 lacks explicit provisions regarding the termination of guardianship upon the death of the ward. This loophole can be exploited by appointed guardians and representatives who may obtain legal guardian and heir documents, thereby gaining control over the deceased ward's property. Judicial interpretations and Law Commission Recommendations have called for including the death of the ward as a cause for the cessation of guardianship to prevent such exploitation. To protect the interests of legal heirs, a valid succession certificate is required for accessing bank accounts and lockers. The competent authority must follow necessary procedures to grant the certificate, ensuring only recognized legal heirs are eligible. Court cases emphasize the importance of establishing legal heir status to obtain a succession certificate and prevent potential exploitation of the deceased ward's property. Clarifying the termination of guardianship upon the ward's death and establishing legal heir status for succession certificates are necessary to safeguard the interests of the deceased's legal heirs.728 views -
Bridging the Gap: Intellectual Property Rights as a means to Safeguard Traditional Knowledge in Modern Context
LL.M. Student at Hidayatullah National Law Univeristy, IndiaPages 2578 - 2593This research paper explores the role of intellectual property rights as a mechanism to safeguard traditional knowledge in the context of the modern world. Traditional knowledge, which encompasses the accumulated knowledge, innovations, and practices of indigenous and local communities, is increasingly vulnerable to exploitation and misappropriation. With the rapid advancements in technology and globalization, traditional knowledge faces challenges that require effective legal protection and preservation measures. The paper begins by highlighting the significance of traditional knowledge as a valuable cultural and scientific resource, contributing to sustainable development, biodiversity conservation, and human well-being. However, the lack of proper legal frameworks and recognition poses a threat to the custodians of this knowledge, as their rights are often overlooked or undermined. The study delves into the various approaches taken by national and international legal systems to address the issue of protecting traditional knowledge. It examines the potential of existing IPR regimes, including patents, copyrights, trademarks, and geographical indications, to safeguard traditional knowledge. The paper also discusses the limitations and shortcomings of these frameworks in adequately accommodating the unique characteristics and communal nature of traditional knowledge. By analyzing case studies and relevant legal instruments, the paper aims to offer insights into potential strategies for integrating traditional knowledge into the current intellectual property framework. It highlights the importance of collaborative efforts involving indigenous and local communities, policymakers, researchers, and legal experts to develop comprehensive and context-specific solutions that respect the rights and interests of traditional knowledge holders. Ultimately, this research contributes to the ongoing discourse on the protection of traditional knowledge and offers recommendations for policymakers and stakeholders to bridge the gap between intellectual property rights and the safeguarding of traditional knowledge in a modern context.1,074 views -
Pages 2594 - 2606This article aims to bring a relevant interconnection between artificial intelligence and the economy in this era of dynamism circumnavigated by constant technological advancement to enhance the quality and quantity of output. It also draws a distinction to some major economies that have taken steps in recognising the impact of AI in the economy. It further establishes the various steps and evaluation in determining the legality of artificial intelligence at the national level and the various steps taken to ensure that its interpretation is sector specific. Possible suggestions have been enumerated for the enhancement of adoption of technology with less harm to the natural intelligence in the modern society and friendly ways of its adoption for the benefit of each sector of the economy. The distinction aims to create a harmony between the dynamism of technology and the benefit of it to the economy through the positive or ethical practise of the advance in technology (AI)856 views
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French Law and Foetal Personhood: Reconciling Inconsistencies between Civil and Criminal Law
Sessional Academic at Macquarie University, Sydney, Australia; Sessional Academic, University of New England, Armidale, Australia; Adjunct Lecturer, University of Notre Dame, AustraliaPages 2607 - 2623The legal personhood of prenatal life has been the subject of intense debate in French law, with differing opinions between criminal and civil law. While French criminal law denies personhood to the foetus, civil law has recognised it as a legal person for the purposes of inheritance and gifts. Furthermore, the French courts allow for the override of a pregnant woman's refusal of medical treatment in exceptional cases, such as those that could save the life of the child about to be born. This seeming inconsistency has raised ethical questions surrounding the onset of life and the criteria for legal personhood. This article proposes a novel legal theory called Foetal Bundle Theory, developed in the author's PhD research, to address this inconsistency. The theory posits that a foetus' personhood is best understood from a Bundle Theory perspective, which contends that legal nonpersons can hold legal rights. This notion presents a challenge to the conventional French understanding of legal personhood, which is based on the idea that personhood is closely linked to the capacity to hold legal rights and obligations. Foetal Bundle Theory offers a new perspective that reconciles the apparent inconsistencies in French law and provides a framework for addressing ethical and legal questions regarding the personhood of the foetus.1,341 views -
Cross Border Transactions in International Trade Law
Student at Narsee Monjee Institute of Management studies, IndiaPages 2624 - 2632Cross Border transactions in International Trade Law refer to commercial transactions that involve the movement of goods, services, capital or technology across national borders. These Transactions are governed by International trade agreements, such as the World Trade Organization (WTO) and regional trade agreements, as well as national laws. The main objectives of international trade law are to promote free and fair trade, ensure market access, reduce trade barriers, and provide a level playing field for all participants. Key issues in cross-border transactions include tariffs, quotas, intellectual property rights, and dispute resolution mechanisms. Ensuring the smooth and efficient operation of cross-border transactions is critical for the growth and development of the global economy.1,261 views -
Fundamental Rights and Citizenship of a Company in India: An Overview
Student at St Joseph's College of Law: affiliated by Karnataka State Law University, IndiaPages 2633 - 2637This article has been categorized into three broad components. Firstly, the constitutional law perspective of fundamental rights conferred to corporations in India primarily based on the concept of citizenship in India. Secondly, the judicial precedents set by the Indian Courts in deciphering the constitution and figuring out which fundamental rights are available to a business enterprise included in India is discussed chronologically. Thirdly, a dive into the status of corporations in relation to availability of fundamental rights to them in the United States. This paper as a result seeks to evaluate the fundamental rights available to businesses from a case study point of view. Corporate bodies are separate legal personality able to owning assets, getting into contracts, and to sue and be sued. But those corporate bodies being artificial and not natural entities, important questions frequently arise whether companies are entitled to identical fundamental rights assured by means of the Constitution or other conventions as provided to natural persons. This is a reflection paper that seeks to explain whether companies possess fundamental rights and citizenship just like the rest of us.1,461 views -
Constitutionality of the Collegium System in India
Student at Vivekananda Institute of Professional Studies, GGSIPU, New Delhi, IndiaPages 2638 - 2645The collegium system is a system under which appointments and elevations of judges and lawyers to the Supreme court and high courts, and the transfer of judges from the high court to the apex court takes place. This involves the chief justice and four senior most supreme court judges. This system was created to ensure transparency and impartiality in the selection of judges. This system has been subject to debates and heated discussions and has its own pros and cons. The judiciary’s stark silence on arbitrary state action and its failure in protecting citizens' rights shows that the collegium system has been ineffective in maintaining the independence of the judiciary from the government. This research paper deals with the birth of the collegium system, how major cases have shaped this system, and the new simmer between the executive and judiciary that has brought this system to light.1,171 views -
Insolvency and Bankruptcy: Consequences of Pandemic in India
Student at School of Law, SASTRA Deemed University, IndiaPages 2646 - 2655Economic laws are inherently empirical and change throughout time as a result of experimentation. No different, the 2016 Insolvency and Bankruptcy Code (Code) has been a road under construction for legitimate reasons. It planned to start with simple, standard procedures but anticipated quick course changes to keep the business and economy running smoothly. India's economy has suffered greatly from COVID-19's effects, much like the rest of the world. Several businesses saw declining top and bottom lines as a result of the supply chain interruptions and demand contraction brought on by COVID-19 and the ensuing state-wide lockdown, as well as some of them perhaps failing to make their debt payments. Another experiment was necessary for this unusual condition, one that required choosing between two opposing courses of action: suspending the Code's activities or keeping them going as normal. This article examines choices taken by the State and the efforts/responses with regard to I&B laws, during the course of the pandemic as well its aftereffects. This paper first discusses the Insolvency and Bankruptcy Code, 2016 along with its objectives. This is followed by an overview of covid-19, along with a short examination of its effects. Next, the response of the State during the pandemic, which is followed by protective measures taken and a short examination of the moratorium period. Next, a short discussion on the effects of the response and finally, concludes by presenting the personal opinions of the authors about the response and prevalent current scenario.846 views -
The Right to Marry the Person of One’s Own Choice, and the Aspect of Freedom of Conscience
Student at Government Law College, Mumbai, IndiaPages 2656 - 2674Marriage is an important social institution, which has existed since the early days of civilization. In this institution, the paramount is the autonomy available to individuals with regards to the selection of the person to whom one wishes to marry. With the process of evolution aided by social and legal reforms, this autonomy has grown in multiple dimentions, thereby breaking the presupposed restrictions. In the recent times, one such restriction, I.E. the restriction to choose only the person of opposite sex as spouse is going through the same process of revisitation. The right to choose the person of same sex as spouse is being claimed as a matter of right and also considered as essential for the realisation of constitutional ideals like the liberty, equality and dignity. The author, who is a law student, attempts through this paper, to locate the same autonomy in the exercise of the freedom of conscience available under the Indian constitution. By analysing the various facets of the freedom of conscience, the paper seeks to establish that the liberty to perform same sex marriage is also a matter of conscience just like the liberty to perform the heterosexual marriages is considered. An attempt is made also to claim that the location of this right under the heading of freedom of conscience may strengthen the case of people seeking for the recognition of the same sex marriages by the state.1,075 views -
Juvenile Delinquency: A Comparative Analysis
Assistant Professor at KLE College of Law, Navi Mumbai, IndiaPages 2675 - 2693Children are known as the honest resources of the general public. They are viewed as the blessing from god and are constantly known for their legitimate nature. “As we realize that kids have their psyche mind dynamic. In this way, they can do everything. We have a significant obligation to show them the correct way. In this way, they can separate among good and bad. It is the obligation of the public authority to give all offspring of the general public equivalent chances, for improvement during their time of development. What's more, when because of different reasons some of them don't get open door for advancement during their time of development. They engage in violations and these wrongdoings are known as adolescent wrongdoings. Wrongdoing by an adolescent is a brutal reality in this day and age. It is expanding, step by step in India as well as is different pieces of the world. As of late, numerous adolescents are discovered to be engaged with different wrongdoings, for example, murder and assault cases. This is all incident as a result of absence of virtues and helpless authorization of laws by the public authority. A Government should take severe measures to annihilate this as it is upsetting the general public in different measures.”1,026 views -
Internet Governance: Issues and Challenges
Student at National Institute of Law (SNIL) Siksha Anusandhan Deemed To Be University, Bhubaneswar, Odisha, IndiaPages 2694 - 2700“Internet governance” used to just mean ICANN-related issues; today, we include under that rubric almost any policy issue related to the Internet, including standardization and resource allocation. Governance implies a polycentric, less hierarchical order; it requires transnational cooperation amongst standards developers, network operators, online service providers, users, governments and international organizations if it is to solve problems while retaining the openness and interoperability of cyberspace. The Geneva Declaration however did tone down its revolutionary flavor by dividing the areas of governance concerns between the different multi-stakeholders such that the public policy role was assigned to the nation-States. This unification of the platform for all modes of communication and information – known as “digital convergence” – makes all the policy conflicts and issues that were spread out over old media part of Internet politics today. For better or worse, national policy plays an important role in shaping the Internet, but the rise of cyberspace has produced, and will continue to produce, new institutions and governance arrangements that respond to its unique characteristics. Nonetheless it is very important to note that it would be rather naïve to equate the problem of internet governance to the issue of ICANN oversight.1,280 views -
NFTs: Revolutionizing Intellectual Property Rights – Exploring the Implications of Non-Fungible Tokens in the Digital Age
Student at Christ (Deemed to be University), Bengaluru, Karnataka, IndiaPages 2701 - 2710Non-fungible tokens (NFTs) have emerged as a significant development in the world of intellectual property rights (IPR), particularly in relation to digital assets. NFTs are unique digital assets that utilize blockchain technology to establish ownership, provenance, and authenticity of digital content. This article explores the implications of NFTs on various aspects of IPR, including copyright, and trademark. Regarding copyright, NFTs have sparked discussions around ownership and control of digital works where artists and creators can tokenize their creations as NFTs, granting them a digital certificate of authenticity and providing opportunities for direct sales, royalties, and licensing. However, challenges such as copyright infringement and unauthorized distribution of digital content persist, requiring legal frameworks to adapt to this evolving landscape. In terms of trademarks, NFTs can raise concerns when it comes to the unauthorized use of brand names or logos within digital assets. Clear guidelines and regulations are needed to address the potential for confusion, or infringement of trademark rights and freedom of artistic expression in the NFT space. Concepts like nominative fair use may play a role in determining permissible uses of trademarks within NFTs.1,153 views -
Pages 2711 - 2726Tourism has become an amazing catalyst for the monetary development of a state in 21st century. At the same time as the tourism sector expands the chances of crime victimization among tourists are also increasing. Theories of criminology, for instance opportunity theory, and routine activity theory along with Butler’s model on tourism area life cycle (TALC) offer logical grounds for the crime victimization among tourists in diverse tourist places. This study mainly focuses on exploring the nature and extent of tourist victimization in Bangladesh and the contributing factors to it alongside efficacious preventive measures. For the purpose of conducting this study, data was gathered from secondary sources, including various statistics, articles, books, newspapers, and so on. The discoveries demonstrated that most of the tourists were victimized by criminal activities such as theft, sexual assault, prostitution, organized crime and gang activity, terrorism, mass-transit crimes, robbery, murder, hijacking, kidnapping, police assault, political violence, burglary, and so on. Regarding the increased volume of crime, factors like lower-income and unemployment, the lucrativeness of tourists, the vulnerability of tourists, lower rate of reported crimes, lack of security, inappropriate tourism policy, and insufficient information about the tourist spots are mostly responsible for this. All other government agencies, including the police require to play an effective role in ensuring the security of tourists by resolving these issues as early as could be expected. And with this, by improving this highly dynamic sector like tourism industry, it will be possible to introduce Bangladesh as a country with the brightest potential on the world stage.1,514 views
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Commercial Surrogacy in India and Rights of Surrogate Mother
Assistant Professor at Faculty of Law, Mangalayatan University, Jabalpur, IndiaPages 2727 - 2734Surrogacy has provided opportunities to have a genetically related child to the couples who are unable to reproduce through artificial reproduction and in vitro fertilization. I show that while transnational surrogacy may challenge conventional understandings of kinship and family, it simultaneously renaturalizes state definitions of citizenship and motherhood. It also discusses different kinds of surrogacy after which it mentions a discussion on commercialization of Surrogacy in India. By the use of this process through commercial surrogacy not only the intended couples will be benefited but the poor women can also earn one, by becoming surrogate mother for couples. Through the surrogacy (regulation) bill 2019 provisions have been made to regulate centers providing surrogacy, although bill completely prohibited commercial surrogacy.890 views -
Artificial Intelligence and Challenges to Human Rights Legislation – Some Proposals for Southeast Asia Developing Countries
Lecture in International Law Faculty, Hanoi Law University, VietnamPages 2735 - 2746Artificial intelligence technology (AI) with its great influence is considered one of the outstanding achievements of the Fourth Industrial Revolution. As a technological invention, the first value of Artificial Intelligence is to serve people's lives and bring material convenience to humans. However, the downside of Artificial Intelligence is that can support and become an agent for human rights violations has posed several legal challenges to states in preventing the misuse of Artificial Intelligence. This article summarizes information in analytical reports of certain reputable research agencies to explore basic legal issues related to artificial intelligence and the impact of artificial intelligence on human rights. Through observation method, descriptive method, and case study in some developing countries in Asia, the article points out the gaps in human rights law, and the challenges facing Southeast Asia developing countries in achieving the dual goal of ensuring human rights and making the most of AI achievements. Thereby, the article suggests some solutions for the challenges and impacts on human rights arising from the widespread development of artificial intelligence in developing countries in the future.933 views -
This paper analyses how Employee well-being influences the working style of an organization in Industry 4.0. Manufacturing industries have experienced fast technical progress and development due to the Industry 4.0 revolution. Technological advancements allow for more efficient manufacturing processes while also bringing about changes in human work, which may pose new dangers to employee well-being and put existing skills and expertise to the test. Change resistance, the digital skills gap, employment hazards, expanding socio-economic inequities, a lack of industry-wide collaboration, leadership, and organizational culture difficulties are all revealed in the findings. Through socially responsible human resource practices, we show how HRM can be a critical enabler for long-term Industry 4.0 development. Sustainable Human Resource Practices, multi-stakeholder collaborations, holistic talent management, change leadership, inclusive knowledge sharing, education research, smart technology for upskilling and retention, and rewarding inclusive Industry 4.0 concepts are among them. Finally, we discuss potential research directions. Literature Review highlights the importance of providing information and opportunities for Employee well-being, in order to support Industry 4.0 transformations without impacting on workers’ motivation.684 views
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Collective Bargaining in Labour Relations: A Comparative Study of India and United Kingdom
Advocate in IndiaPages 2767 - 2781The role of collective bargaining is pivotal in establishing the foundation for sound labour relations. The main aim is to reach at a collective agreement which deals with the terms and conditions of the employment, including the rights and responsibilities of the parties. The technique is to amicably resolve a dispute as to conditions of employment by means of agreement. The labour laws in India are highly balanced and controlled in comparison to other countries of the world. In the case of UK, there is no single definition codified yet for who is protected under labour laws. The collective bargaining in India remains more or less limited in its scope and restricted in its coverage due to the well-defined legal system, with formal sectors with a better space and informal with no scope for the same. In UK, mostly arrangements for collective bargaining are voluntary, with benefits from voluntary union recognition. The process is carried out through various stages and also conducted at different levels. The types of collective bargaining agreements also do vary. The legal boundaries ultimately decide the scope of the application of the collective bargaining as a tool. The path of origin and evolution of the technique is also different in both the countries. The pre-requisites, procedures employed and the overall process need to be analyzed for determining the reason for the current trends in the collective bargaining. Numerous examples also require to be evaluated in order to find out the challenges posed by miscellaneous factors. This comparative study aims to assess the role of collective bargaining in India and UK, to find out the issues, its solutions and to reach at suggestions for way forward.1,288 views -
Pages 2782 - 2789The dispute over whether AI systems should be regarded as inventors in patent applications is becoming more heated as a result of the quick development of artificial intelligence (AI) technology. The question of AI inventor-ship is not explicitly addressed by Indian patent laws, and the definition of an inventor as it currently stands suggests that only humans can be regarded as innovators. This article explores the legal and policy framework around AI inventor ship in India and analyzes the implications of recognizing AI as inventors in the patent system. The article examines the Indian Patents Act, 1970, and the position of the Controller General of Patents, Designs, and Trademarks on AI inventor ship. It also evaluates the jurisprudential theories in terms of recognizing AI as inventors. Finally, the article offers recommendation on how Indian patent laws could be amended to effectively tackle the issue of AI inventorship and ensure that the patent system keeps pace with advancements in AI technology.916 views
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The Skill India Program and Economical Sustainability
Assistant Professor at Department of Law, B.S Anangpuria, Maharshi Dayanand University, Rohtak, IndiaPages 2790 - 2802This research paper aims to investigate the effectiveness of the Skill India Programme in achieving economic sustainability in India. The Skill India Programme is a flagship initiative launched by the Government of India in 2015 to supply skill training to the country's youth and enhance their employability. The programme aims to create a skilled workforce to meet the demands of various sectors and promote economic growth. The study uses a mixed-method approach to collect and analyse data. Primary data is collected through surveys and interviews of participants and trainers of the Skill India Programme, while secondary data is collected from government reports and academic literature. The research focuses on the impact of the programme on employment, income, and economic sustainability. The results of the study show that the Skill India Programme has positively affected the lives of its beneficiaries. The programme has helped to bridge the gap between demand and supply of skilled workers in various sectors, leading to an increase in employment opportunities for the youth. The study also finds that the programme has contributed to an increase in income levels of participants, which has improved their standard of living and contributed to economic sustainability. However, the research also highlights some challenges faced by the Skill India Programme, such as a lack of awareness about the programme among the youth, inadequate infrastructure and training facilities, and limited industry participation. The study supplies recommendations for addressing these challenges to enhance the effectiveness of the programme and promote economic sustainability.843 views -
Pages 2803 - 2810The transgender community suffered violence, harassment and discrimination in the past but the 19th and 20th century has witnessed many changes in the life of a transgender. The legal recognition of transgender started gaining momentum. In the year 2014 through NALSA judgment another gender was added to the existing binary gender in society i.e Third Gender. Transgender is altogether a new adjustment which poses challenges to the Judiciary, Legislative and to Government in proceeding towards a healthy life for the transgender. The facilities which were available to binary genders must be extended to Third gender communities including Health Care Services. The past has allotted them a lot of discrimination and harassment, the present should be dedicated to working on providing the solution to the suffering of transgender people and the future should be planned accordingly to remove all the disparities by providing systematic health care facilities. Accordingly, various laws have been accepted both in National as well as International forums. Medical services are often understood with that Public Health Care Services. But there is a difference between the medical services and comprehensive public health facilities for Transgender. The present focus must be on comprehensive public health care for transgender. Comprehensive Public Health Facilities for the Transgender community must be provided in the future. The legal development of the Third Gender in India and the future Health care needs of the transgender community are also equally important.750 views
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Advocate Asaduzzaman Siddiqui v. Bangladesh: Bangladesh’s Dilemma with Judge’s Impeachment
Assistant Professor at School of Law, Ramaiah University of Applied Sciences, Bengaluru, IndiaPages 2811 - 2816The case of Advocate Asaduzzaman Siddiqui v. Bangladesh highlights Bangladesh's dilemma with judge's impeachment and raises important questions about judicial independence and accountability. The case centers around the impeachment of Justice Asaduzzaman Siddiqui, a prominent judge of the Supreme Court of Bangladesh, on charges of misconduct and incompetence. This abstract provides a brief overview of the case, the legal and political implications, and the broader implications for Bangladesh's judiciary. In 2022, the Bangladesh Judicial Commission, a body responsible for investigating allegations of judicial misconduct, recommended the impeachment of Justice Siddiqui based on complaints filed against him. The complaints accused him of bias, corruption, and mishandling high-profile cases. The recommendation was subsequently endorsed by the President of Bangladesh, leading to Justice Siddiqui's impeachment and removal from the Supreme Court. The case sparked a heated debate within Bangladesh's legal and political circles. Supporters of the impeachment argued that it was necessary to maintain the integrity of the judiciary and ensure accountability for judges. They emphasized that no one should be above the law, including judges. However, critics raised concerns about the transparency and fairness of the impeachment process, pointing out potential political motivations behind the decision. The case has broader implications for Bangladesh's judiciary, raising questions about the balance between judicial independence and accountability. While it is crucial to hold judges accountable for any misconduct, there must also be safeguards in place to prevent politically motivated or arbitrary removal of judges. The case underscores the need for a robust and transparent mechanism for investigating allegations against judges and ensuring fair proceedings. Furthermore, the case highlights the importance of upholding the principles of judicial independence and separation of powers. A strong and independent judiciary is vital for the rule of law, protection of fundamental rights, and public trust in the justice system. It is essential for Bangladesh to strike a delicate balance between ensuring accountability for judges and safeguarding the independence of the judiciary to maintain the integrity of its legal system. In conclusion, Advocate Asaduzzaman Siddiqui v. Bangladesh has brought the issue of judge's impeachment to the forefront of Bangladesh's legal and political discourse. The case serves as a reminder of the delicate balance between judicial accountability and independence, necessitating comprehensive reforms to ensure a fair and transparent process while upholding the rule of law.1,918 views -
The Costly Truth: Examining the Impact of White Collar Crime
Student at Manipal University, Jaipur, IndiaPages 2817 - 2823The abstract of the article "The Costly Truth: Examining the Impact of White Collar Crime" provides an overview of the content covered. It highlights the pervasive nature of white-collar crime, its various forms, characteristics, motivations, and consequences. The abstract emphasizes the impact of white-collar crimes on individuals, businesses, and the overall economy, focusing on the erosion of trust, financial losses, misallocation of resources, and the need for robust legislation and effective enforcement. It also discusses the specific context of white-collar crimes in India, including common offenses and their implications for the country's economy and society. The defense strategies commonly used in white collar crime cases are also discussed. Focusing on India, the article outlines the prevalent white collar crimes in the country, such as fraud, corruption, insider trading, cybercrime, and money laundering, and their impact on the economy and society. The erosion of investor confidence, misallocation of resources, and damage to reputation are outlined as major consequences of white collar crime. The article emphasizes the need for a multi-faceted approach to address white collar crime, including robust legislation, effective enforcement, and proactive measures to promote transparency, accountability, and ethical practices. It concludes by emphasizing the significance of collective efforts from individuals, businesses, and government institutions in combating white collar crime and its detrimental effects, to foster a resilient and inclusive economy, restore investor confidence, and ensure a fair and just society.843 views -
Geopolitics of South China Sea, China’s Interest and India’s Strategic Response
Ph.D. Research Scholar at Center for Studies in Strategic Technology, School of National Security Studies, Central University of Gujarat, Gandhinagar, Gujarat, IndiaPages 2824 - 2834In the twenty-first century diplomatic world, the foreign policy of a nation, security, and survivability of the world not only limits on territorial land but extends towards the sea and ocean, that is why most of the major countries in the world focus on ocean diplomacy. As Robert Kaplan has rightly argued that the sea has always been an essential and integral component of human civilization, and this appears to be much more accurate in East Asia because of life in this particular region centred on its huge maritime world. So he rightly stated that while Europe is a landscape on the other hand East Asia is a seascape. In this premise, The South China Sea (SCS) has become a significant area of geopolitical contestation, as it is rich in natural resources, strategically located, and home to disputed territories. China’s forceful moves in the SCS region in the way of Island construction and maritime territorial claims have become a major concern for India as well as Major World powers. As India seeks to expand its influence in the Indo-Pacific, it has also developed an increasing interest in the SCS due to economic, strategic, and security considerations. It is because the energy resources, maritime trade routes, security concerns, regional alliances, and great power competition pushes to the two mighty powers of Asia to involve in this ocean. So, in this premise, this paper tries to examine the geopolitical importance of the SCS region with a specific focus on the interest of India and China. This paper further tries to analyze India’s strategy to counter the Chinese hegemony in this region and its concern for regional stability. Hence in this paper qualitative research design such as historical, analytical, and descriptive methods will be used and Date will be Collected from both Primary and Secondary sources.822 views -
Contemporary Study of the Obstetrical Women Encounter at Work
Student at Manipal University, Jaipur, IndiaPages 2835 - 2844India is a democratic and stable nation. Men and women, however, are treated fairly and have equal opportunities in the workplace. In this regard, the Indian constitution guarantees several fundamental rights to the safety of women at work, and the Indian parliament has the authority to enact specific laws for women as needed. Although the directive principle of state policy states that “equal employment rights, equal pay for equal work”. India is a unique nation where people practise all major religions. In India, people worshipped the goddess while harassing and abusing women at work in a sexual manner. No exclusive rights for working in any sector have been affecting women in the past 19th-century era. In that era, women were not permitted to do any work. This paper discusses the security of women in the workplace and the rights related to women’s labour law. The main objective of the research paper is to have a critical analysis of the impact on women’s freedom in the workplace in organizations and industrious. This paper examines the necessity for existing laws related to women’s safety in the workplace. The present paper endeavours that sexual harassment of women, gender discrimination, and pay scale discrimination at workplaces. We also analyse various judgments and take of the Indian judiciary towards women's safety in the workplace.1,587 views -
Pages 2845 - 2858The rapid growth of the domestic food market with the widespread use of food delivery applications has led to intense market competition. With increasing reliance of consumers on these services, it is necessary to check their compliance with the FSSAI regulations. This study explores the compliance of regulations developed by the FSSAI to facilitate consumer rights in the ecommerce food delivery system in India, from the perspective of the consumers in Pune city. The paper begins with a general discussion of the present regulatory requirements which are to be adopted by Food Business Operators (FBOs) involved in the ecommerce market in India. Next, the paper assesses the responses of a sample of users of food delivery app services in Pune city to find out if the ecommerce FBOs comply with the FSSAI requirements of display of food images, information about the food, correspondence of the food item with the image displayed. The assessment finds that ecommerce FBOs have complied with some of the FSSAI requirements in this regard. Finally, the paper concludes that to ensure compliance of the regulations by the FBOs, there is a need to fix liability for different forms of ecommerce FBOs based on their involvement in facilitating orders and providing deliveries. Legal implications and future research lines are suggested. The study will be of value to consumers, researchers and concerned agencies involved in the food industry.697 views
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Privacy in the Fast Lane: Striking the Balance Between Data Protection and Expedient Justice
Assistant Professor at Nehru Memorial Law College, Hanumangarh Town, Rajasthan, IndiaPages 2859 - 2869The question of balancing the right to privacy with the need for expedient justice is of utmost importance in today's world. While privacy is a constitutionally protected right in India, the need for an efficient legal system cannot be ignored. This paper seeks to explore the challenges that arise when attempting to strike a balance between these two seemingly antithetical interests within the Indian context. The Indian government's recent report on cybercrime statistics revealed an alarming 63.5% increase in the number of reported incidents in the past year. This emphasizes the urgent need for robust data protection laws to ensure the privacy of citizens. In response, the government has taken significant strides in this regard with the Personal Data Protection Bill, 2019, which aims to provide a framework for the protection of individuals' personal data and establish the Data Protection Authority of India. This bill endeavors to ensure that personal data is processed fairly and lawfully, with consent and privacy protection for the individual. However, the necessity of expeditious justice cannot be discounted. The legal system in India is notorious for its backlog of pending cases, which has resulted in the delay of justice delivery, a cause for concern. While technology has been introduced to the legal system to expedite processes, challenges persist. One of the major challenges in balancing privacy with expeditious justice is the use of personal data as evidence in court. Personal data can be a valuable tool in resolving legal disputes, but its usage must be carefully balanced with the right to privacy. The Supreme Court of India has established guidelines for the collection, storage, and use of personal data as evidence in court. The court maintains that the use of personal data must be proportionate to the objective sought, and that the privacy of individuals must be safeguarded. In conclusion, the challenge of balancing privacy with expedient justice is complex, and there is no simple solution. While the Indian government has made strides towards protecting the privacy of citizens with the Personal Data Protection Bill, the need for an expeditious justice system cannot be ignored. The challenge lies in striking a balance between these two competing interests, which is imperative for a fair and equitable society.702 views -
The International Dynamics of Hutu-Tutsi Power Tussle: The Global Justice Bodies and their Role
Student at Institute of Law, Nirma University, IndiaPages 2870 - 2877The Rwandan Genocide was a tragic event that occurred in 1994 in which an estimated 800,000 people were killed in a span of 100 days. The genocide was primarily targeted against the Tutsi ethnic group, but moderate Hutus were also targeted. This research article seeks to examine the causes, consequences, and lessons learned from the Rwandan Genocide. The causes of the genocide can be traced back to colonialism and the arbitrary division of Rwandans into ethnic groups by the Belgian colonial administration. The colonial administration also favored the Tutsi minority over the majority Hutu population, which sowed the seeds of resentment and led to the marginalization of the Hutus. This marginalization continued after Rwanda gained independence, with the Tutsi-dominated government oppressing the Hutus. The consequences of the genocide were devastating. The death toll was enormous, and the country was left in a state of chaos and disarray. Many of the hundreds of thousands of refugees who departed the nation were left homeless and in need. Several people argued that early involvement may have stopped the worst of the bloodshed, criticising the international community for its tardy response to the situation. Many lessons may be drawn from the Rwandan Genocide. The need of early involvement in preventing mass massacres is one crucial lesson. When the world community acted too slowly, the genocide was permitted to go on. In conclusion, the Rwandan Genocide was a tragic event that had far-reaching consequences. The causes of the genocide were complex and deeply rooted in history, but the consequences were immediate and devastating. The lessons learned from the genocide are important and should guide international efforts to prevent and resolve conflicts in the future.912 views -
Arbitrability of Commercial and Investment Intellectual Property Disputes
Student at Amity University, Noida, IndiaPages 2878 - 2891This Article on the arbitrability of commercial and investment intellectual property disputes welcomes everyone who wants to gain further insights on the matter. Conflicts between parties from various origins, cultures, and legal systems are rising in frequency as the globe becomes more linked. This paper examines how the two crucial elements of global commerce and investment intellectual property and arbitration intersect. This articles objective is to give readers a thorough understanding of the main problems and difficulties surrounding the arbitrability of commercial and investment intellectual property disputes. One may read an examination of the many intellectual property conflicts that can be arbitrated in these pages. One may also learn about the legal systems that regulate these disputes and the practical implications of arbitrating them. The article investigates the special difficulties associated with arbitrating investment disputes that are purportedly the result of infringements of intellectual property rights. It also digs into the interaction between intellectual property and investment law. This work will supposedly help academics, solicitors, and students who want to learn more about the intricate and changing legal environment around intellectual property and arbitration. It is also a useful tool for decision-makers in industry, government, and finance who want to understand the complexities of international trade and investment legislation. I sincerely hope that the readers will find this research work to be a useful tool to investigate whether commercial and investment intellectual property conflicts may be arbitrated.609 views -
Critical Analysis of Natural Law Theory and its Contribution to the Justice System
Student at Delhi Metropolitan Education affiliated to GGSIPU, IndiaPages 2892 - 2906The law which has natural attributes occupies an important and significant role in the realms of law, religion, philosophy, and morals from the ancient era. Its significance includes harmonizing, synthesizing, and upholding peace and justice. A great contribution has been attributed to protecting the public against injustice, tyranny, and misrule throughout different generations. Natural law theory to liberate people from politico-legal disorder. In an ordeal to trace the theory’s function and evolution Blackstone stated, “The natural law being co-existent with mankind and emanating from God himself is superior to all other laws and no man-made law will be valid if it is contrary to the law of nature”. According to Dr. Friedmann, the history of natural law is a story about humanity's pursuit of absolute justice and its failure. As a result, natural law theory represents a never-ending pursuit for absolute fairness. It is not be assumed that natural law is only theoretical; its practical value is rooted in key past events and circumstances that shaped liberalism and individual liberty. This philosophy spurred adherents to revolt against totalitarian governments in France and Germany. The concept of natural law has been differently explained by various legal thinkers and writers throughout different time zones. Most jurists claim that natural law engulfs ideals that lay the outline of legal development and administration; on the other hand, others describe it as a perfect and inferable law by reason. The present research paper focuses on the prompt effect of natural law theory through its historical evolution which brought the transformation in the old prevailing legal system while simultaneously contributing to the development, validity, and expansion of international and municipal law of nations. The authors have further deciphered the current universal applicability of natural law principles through different legal systems.1,790 views -
Pages 2907 - 2919Uncertainty is a common aspect of all of our lives. The pandemic has highlighted uncertainty all around along with everyone losing somebody or the other. Here came up the aspect of interpersonal support. We all have a changed sense of perspective towards life in the past two and a half years. The present study aims to study the Impact of Interpersonal Support and Intolerance of Uncertainty on Meaning in life of young adults. A sample of 150 young adults (18-25) year olds was taken from the urban population of Delhi-NCR. Correlational Design was opted to conducted the study using three tools: Interpersonal Support Evaluation list (ISEL-12) by Carleton et.al (2007), Intolerance of Uncertainty Scale (IUS-12) by Cohen (1980) & Meaning in Life Questionnaire (MLQ-10) by Michael F. Stegger (2006). Pearson’s correlation coefficient was used to analyze the results. Scatter plots and descriptive statistics were also stated to further analyze the results. It was found that there was a significant positive correlation between Interpersonal support and meaning in life, a significant negative correlation between Intolerance of Uncertainty and interpersonal support, an insignificant negative correlation between Intolerance of Uncertainty and meaning in life. Further future suggestion for the study were discussed.861 views
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Sedition Laws of India: An Analysis of the 279th Law Commission Report
Student at School of Law, Christ (Deemed to be University), IndiaPages 2920 - 2925Law Commission of India is a government made executive body with the role of researching and advising the government about legal reforms in India. In its 279th Report, the Commission concluded, by upholding the sedition laws of India i.e. Section 124A of the Indian Penal Code (IPC). Instead of striking down the law, it gave certain recommendations to the government for its proper implementation, after observing the reasons as to why it was being asked to be repealed in the first place. It aimed to fix the alleged misuse and misapplication of the law, and answered the remark on these laws being outdated with respect to contemporary times. The paper deals in detail the analysis of this particular Report of the Law Commission by using a doctrinal method of research.1,445 views -
Contextual vs Implementation: Nexus between IPR and Competition Law with special reference to IT Sector
Research Scholar at National Law University, Delhi, IndiaPages 2926 - 2940IPRs and Competition law are both founded with the purpose of achieving economic development, technological advancement, and consumer welfare. Instead of a common objective, both the laws at some point are interacting with each other. IPRs is an exemption under section 3(5) of the Competition Act, 2002. The exception is only on the basis of reasonableness, but the limits of reasonableness are not defined anywhere in the Act. The main objective of this study is to identify the interface between Intellectual Property laws and Competition laws in the field of IT sector by analysing the working of the CCI and cases decided in IPRs and Competition laws with special reference to IT sector. The present study is based on the doctrinal method of research. Data has been collected from both primary and secondary resources like the texts of MRTP Act, Competition Act, Westlaw, Reports, Research paper form online and offline resources. The major findings in reference to issue related to IPRS and Competition law is that the CCI is using discretionary power in absence of concept of abuse of IPRs under the act and any guidelines relating to interplay between IPRs and Competition law. The study suggested that CCI should adopt the doctrines and guidelines which are well-established in EU and US, the exemption based on research and development, adoption of specific guidelines to tackle the solution of abuse of intellectual property.683 views -
Pages 2941 - 2949Artificial intelligence (AI) is rapidly transforming the way we live, work, and create. One of the key areas where AI is having an impact is copyright law. The use of AI in the creative process raises important questions about copyrightability, liability for infringement, and fair use of copyrighted material. These questions are particularly relevant in India, where the creative industries are a major contributor to the economy and where the legal framework for copyright law and AI is still evolving. The purpose of this research paper is to explore the legal implications of AI for copyright law in the Indian context. Specifically, this paper will examine the copyrightability of AI-generated works, liability for infringement by AI, and fair use of copyrighted material by AI. The paper will also consider the international legal framework for AI and copyright law and provide recommendations for policymakers and stakeholders in India's creative industries. Ultimately, this paper aims to contribute to a deeper understanding of the legal and policy issues surrounding AI and copyright law in India and to inform the ongoing debate on this important topic.1,366 views
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Betrayed Narratives: Decoding The #Metoo Enigma
Student at SRM University, Haryana, IndiaPages 2950 - 2962The #MeToo movement has had a profound impact on society, but its effects have been uneven. Through this research paper, we embark on a riveting journey through the history of #MeToo, tracing its evolution from the West to its impact on Indian society. With a primary focus on the Johnny Depp defamation case, we delve into the enigma surrounding this complex narrative of betrayal and explore its profound implications on our present reality. This meticulously crafted exploration unveils a multi-faceted analysis, intertwining elements of history, culture, and justice. We strive to understand the nuances of #MeToo, transcending the conventional lens and immersing ourselves in the tangled web of the Depp saga. By doing so, we shed light on the untold stories, challenging societal norms and examining the blurred boundaries of truth and perception. Drawing from a foundation of extensive research, we navigate the treacherous terrain of the Depp defamation case, meticulously dissecting the intricate threads that bind it to the broader #MeToo movement. Our examination evokes a range of emotions, revealing the human cost of such high-profile battles and the deep-seated impact they leave on the lives involved. With a formal and professional approach, we invite readers into a perplexing world, yet thought-provoking. We weave together a tapestry of conversations, allowing the voices of the silenced to be heard and the complexities of justice to be explored. Through our comprehensive analysis, we strive to offer a fresh perspective on the ever-evolving #MeToo movement and its reverberating consequences in the wake of the Johnny Depp defamation saga. Our research challenges preconceived notions, defies conventional boundaries, and sparks a powerful dialogue on the intertwining stories of personal strife, societal transformation, and the pursuit of truth.687 views -
Pink Tax: Consumers’ Tax Ride in the Pink Ferris Wheel
Student at Institute of law, Nirma University, IndiaPages 2963 - 2967The link of pink with femininity became profoundly ingrained in communities all over the world thanks to "Barbie Pink," the emergence of pink auto, and pink buses, and the growth of fashion models have given rise to the blatantly misogynistic marketing adage: "Shrink it, pink it, and women will buy it at a higher price." The focus on pink hues is nothing more than an obsessive, feminized marketing tactic designed to maximize sales. The color palette serves as a subtly expressive and vibrant reflection of what we refer to as "pink taxes." A type of unrecognized indirect tax known as the "pink tax" is mostly imposed on goods consumed by women. People are now questioning its authenticity and holding opposing views on its influence, existence, and causes. This paper focuses on the emergence of the pink tax and how it violates core ideas and explicit provisions of the Constitution. This article focuses on the relevance of the pink tax in India and the extent of prejudice that girls face.1,051 views -
Pages 2968 - 2972Mohammad Zubair, is the co-founder of ALT news, a fact checking portal. Multiple proceedings were initiated against him in multiple districts of the State of Uttar Pradesh and at the special cell of Delhi Police. The petitioner has on social networking site twitter, posted on Hindu religious topics through multiple tweets over a period of time on the basis of which these FIRs were registered against him for hurting religious sentiments and other similar offences. The petitioner was continuously under incarceration as a large number of cases were registered against him, he remained arrested in some or the other case, if released in any. Holding that multiplicity of proceedings is detrimental to personal liberty right to defend himself of the accused, apex court granted the petitioner relief by clubbing all the FIRs and transferring them to the Delhi Police special cell and enlarging the petitioner on interim bail. This judgement of the supreme court is a frontrunning precedent when it comes to upholding the principles enshrined in Article 21 for protecting the life and personal liberty of citizens. The supreme court not only granted relief in the existing proceedings but went on to direct that the same directions will apply to any future proceedings initiated against the petitioner in respect to the same subject matter as in the previous FIRs i.e., the subsequent FIR (if any) registered, shall stand transferred to Delhi Police special cell and the Petitioner will be enlarged on interim bail in those FIRs as well. This judgement is a proactive step when it comes to protecting the accused from being embroiled in such a criminal proceeding which itself amounts to a punishment. Various nuances of this judgement relating to how courts can be innovative to protect citizens from abuse of state machinery will be discussed in this case note.1,178 views
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Evolution of Jurisprudence regarding the Revocation of a Gift Deed in the Light of Section 23 (1) of the Senior Citizens Act
Student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, IndiaPages 2973 - 2977This article attempts to explore the evolving jurisprudence of Courts as to the intersection of the provisions of the Transfer of Property Act and the Senior Citizens Act with respect to a gift deed. It starts by exploring the concept of a gift deed itself and what makes for a valid gift deed. The article then proceeds to understand a social welfare legislation i.e. the Maintenance and Welfare of Parents and Senior Citizens Act to show how it qualifies and impacts the Transfer of Property Act. A gift deed under the TPA is considered to be a provision which may put the transferor in a position of disadvantage due to the transfer of a benefit. Hence it is important to ensure that the transfer is made voluntarily, with free consent and in the absence of any force, coercion or undue influence. Senior citizens as a group in society are often considered to be a vulnerable segment, who are often dependent on others for their maintenance. They are more gullible and easy to influence. Further, their ailing health might also hinder them from making informed decisions. Considering this, the Senior Citizens Act attempts to make provisions regarding the validity of a gift deed made by a senior citizen and provides for situations where the same may be revoked under Section 23 (1) of the Senior Citizens Act. The application of this provision in various respects such as its nature etc. has been challenged in many cases over the years. This article looks at how the Indian Courts have through its judgments addressed the questions and issues that came up in the light of the above provisions. It explores the jurisprudence behind the provisions, the object with which they were introduced and how they have been used over the years.1,015 views -
Sociology of Cults: Aum Shinrikyo (Japan)
Student at Rajiv Gandhi National University of Law, IndiaPages 2978 - 2990Cults are tightly-knit groups that are sometimes shrouded in secrecy. These groups may attract members by presenting them with flawed assumptions, such as the promise of religious salvation. Even while not all cults are religious, the vast majority of them adhere to a certain belief system that is exclusive to their group and does not allow members to depart from their guidelines in any way. Those who are part of a cult and wish to leave it are likely to have a difficult time doing so and may suffer psychological effects as a result of their departure. This research paper examines the background of the Japanese terrorist cult Aum Shinrikyo and its founder Chizuo Matsumoto before describing the terrorist acts the group committed, such as the deadly sarin petrol attack on the Tokyo underground system that left 12 dead and 5,500 injured. It also discusses the government's response to the attacks and the cult's plans. The paper also tries to cover the concepts of cults which are special sociological groups, the reasons for the formation of Aum cults, and their impact on society.1,070 views -
Unraveling the Algebra of Infinite Justice: A Thought-Provoking Exploration
Student at National Law University, Odisha, IndiaPages 2991 - 2996The “Algebra of Infinite Justice” orchestrates a captivating composition of ideas, blending sociological concepts with real-world relevance. Through a poetic and daring exploration of social issues, Roy unfurls a vibrant tapestry of globalization, imperialism, democracy, human rights, and communalism. Like a maestro, she conducts an enthralling symphony, weaving together the threads of social movements—anti-globalization, women’s empowerment, environmental activism, and more—forming a powerful chorus of change. With a masterful touch, Roy explores the intricate harmonies of race, gender, and class, illuminating the diverse hues that shape our societal fabric. Through her critique of power structures, she challenges the status quo, urging us to imagine a world were justice reigns supreme. These abstract invites readers to immerse themselves in Roy's captivating composition—a literary opus that offers intellectual enlightenment and an invigorating call to reshape the symphony of our shared humanity.864 views -
A Study of Eligibility Criteria for Legislature in India
Student at Amity Law School, Noida, IndiaPages 2997 - 3007India is considered the largest democracy in the world, but what would happen if democracies had uneducated and corrupt leaders. The concept of democracy is a political philosophy and an ideal practiced by many nations, which is culturally advanced and politically mature, by resorting to governance by representatives of the people elected directly or indirectly. The universal adult franchise was a bold and ambitious political move and a symbol of the abiding faith that the government implemented in the country. Generally, in India, the significance of a political leader is understood in connection with gathering crowds and polarizing the populace for winning the election. But we must remember that an elected candidate's duties entails much more than that. A candidate who is elected serves in the Council of Ministers and the State Legislature, where he is required to participate in discussions and vote on a range of matters that might one day be enacted into law and have an impact on our daily lives. The Representation of the People's Act, 1951 which deals with the conduct of elections in the country has not stipulated any minimum educational qualification for People's Representatives. This research paper will analyze the probable mindset behind not prescribing any basic minimum educational qualification for the legislature in India and will explore the possibilities of introducing the same, to make quality of contributions of people's representatives at various levels. Further, it will look into the need of introducing minimum educational qualification and will also suggest some modal laws which can be introduced in the country.889 views -
Medical Tourism in India: Progress or Plight
Student at Saveetha School of Law, IndiaPages 3008 - 3017Medical tourism has emerged as a popular choice for travellers worldwide, combining biomedical procedures with travel and tourism experiences. The term 'medical tourism' was coined by travel agencies and subsequently adopted by the mass media to describe the growing trend of crossing international borders to seek advanced medical care. Countries such as Thailand, Malaysia, and India have actively promoted medical tourism. India, in particular, possesses key competitive advantages in this industry, including its affordability, renowned expertise in advanced healthcare fields like cardiovascular surgery, organ transplants, and eye surgery, as well as its diverse range of tourist destinations. However, the medical tourism industry faces certain challenges. These include the lack of government initiatives, a fragmented approach to marketing, the absence of an accreditation mechanism for hospitals, and the absence of standardised pricing policies and quality standards across different healthcare facilities. Despite these challenges, medical tourism or healthcare tourism has become a rapidly growing multibillion-dollar industry worldwide. It represents the convergence of two major global sectors: medicine and tourism. This paper aims to assess the strengths and weaknesses of Indian medical tourism service providers and identify various factors that could impede the growth potential of this industry. The study employed a convenient sampling method, collecting data from a sample size of 200 individuals. The independent variables considered in the analysis were age, gender, education, and occupation. The findings indicate that the affordability of medical treatments has been a driving force behind the progress of medical tourism in India. However, the lack of government contributions poses a potential threat to its future growth. In conclusion, this paper examines and presents the reasons why India, as a developing country, attracts foreign tourists seeking medical treatment. It highlights the competitive advantages, such as cost-effectiveness and specialised healthcare services, while acknowledging the challenges that need to be addressed for sustained growth in the industry.788 views -
Maternity Benefits in India: Rights of Women as a Mother
Student at University of Petroleum and Energy Studies School of Law, IndiaPages 3018 - 3026Maternity laws in India are intended to protect working women's health and well-being during and after pregnancy. The Maternity Benefit Act, first introduced in 1961 and revised multiple times since then, is the most important law controlling maternity benefits in India. The Act provides for up to 26 weeks of paid maternity leave for women working in the organised sector, which includes both government and private firms.The Act, in addition to paid leave, provides for other benefits such as medical allowances, nursing breaks, and the freedom to work from home for a set length of time. Employers are also prohibited from firing a pregnant woman or when she returns from maternity leave under the Act. These provisions, however, only apply to women who work in the organised sector, leaving a major portion of the female workforce, including women in the informal sector, domestic workers, and self-employed women, without any protection or benefits. Despite these constraints, the Maternity Benefit Act is an important step towards ensuring that women have access to vital maternity benefits and are protected from job discrimination. India may become a more egalitarian and friendly environment for working mothers with additional reforms in the law and increased awareness among businesses and employees.989 views -
Role of Intellectual Property Right in Context of Pharma Industry
Assistant Professor at Asian Law College, Noida, IndiaPages 3027 - 3031The concept the role of intellectual property law in pharma industry, this research paper covers the role of the intellectual property law and what is the basic essence of patents, role of pharma and the development of the intellectual property law, how the emergence has been changed from the past years of the technological point of view ensuring that how India used the method of reverse engineering and ensuring the development of the industry in that accordance.590 views -
Economic Offences in India: A Critical Analysis
LL.M. Student at School of Law, Galgotias University, IndiaPages 3032 - 3039This article presents a comprehensive critical analysis of economic offences in India, aiming to understand their nature, causes, and consequences while evaluating the effectiveness of the existing legal framework in addressing such crimes. Economic offences encompass a wide range of illicit activities that undermine the economic stability, growth, and welfare of a nation. In the Indian context, these offences include fraud, corruption, money laundering, tax evasion, insider trading, and various forms of financial misconduct. Through an examination of empirical data, case studies, and scholarly research, this analysis explores the factors contributing to the prevalence of economic offences in India. It delves into the systemic issues, such as weak regulatory mechanisms, inadequate enforcement, and governance failures that create an environment conducive to such crimes. It examines the limitations of the existing legal framework, including gaps in legislation and loopholes that allow offenders to escape accountability. Furthermore, the study critically assesses the role of financial institutions, corporate governance structures, and regulatory bodies in either preventing or enabling economic offences. Based on the findings, this analysis provides recommendations for policy reforms and strategic interventions to strengthen the prevention and deterrence mechanisms against economic offences. These include enhancing regulatory oversight, improving coordination among law enforcement agencies, promoting transparency and accountability, and raising awareness among stakeholders. Overall, this critical analysis contributes to a deeper understanding of economic offences in India and offers insights into the necessary measures to combat such crimes effectively and foster a more robust and resilient economic environment.3,222 views -
Metaverse Shaping Cyberspace: An Analysis
Student at Symbiosis Law School, Hyderabad, IndiaPages 3040 - 3049The world is developing rapidly and moving towards digitalisation. With the help of new technologies, you can access anything with just one click. With this said, many new inventions are happening in the cyber world, and one of the most talked about things is Metaverse. Meta-verse is considered to be the future. The purpose of this study is to investigate the relationship between cyber development and the meta-verse. People can exhibit themselves as digital avatars in the meta-verse, a 3D recreation of the actual world, and engage in various activities there, including trade, playing, socialising, learning, and shopping. Using the causal research analysis, the study analysed the changes brought about by the metaverse, especially after the introduction of the metaverse given by the founders of Facebook. Metaverse is changing how we use social media, marketing places, businesses, games, virtual office development, and many more. This study answers the question regarding the correlation between cyber development and the meta-verse. Further studies are required to have a better understanding of how metaverse bought changes.814 views -
Judicial Review of the Director’s Action that Violated the Reserved Matter Stipulated under the Company Article of Association
Master of Public Notary Student at Pelita Harapan University, IndonesiaPages 3050 - 3059This academic article provides a comprehensive analysis of the legal liability faced by directors who violate reserved matter clauses in a company's articles of association. The study primarily focuses on the provisions stipulated under the Law No. 40 of 2007 regarding Limited Liability Companies. Directors, as authorized representatives of the company, wield substantial powers. However, the authority of the Board of Directors may be restricted in cases where specific matters are designated as reserved matters. These reserved matters, if violated, can lead to potential lawsuits filed by shareholders or third parties. Using a normative juridical approach, this research investigates the liability incurred by directors who exceed their authorized scope by contravening reserved matter provisions. It thoroughly examines the legal framework established by the Law No. 40 of 2007 and scrutinizes the relevant clauses within a company's articles of association. The article highlights the potential consequences that directors may face for violating reserved matter provisions. It emphasizes the crucial role of directors in ensuring compliance with the authorized limits prescribed by both law and the company's articles of association. By understanding the legal implications of such violations, directors and stakeholders can effectively mitigate risks and uphold the integrity and stability of limited liability companies. The findings of this analysis contribute to a better understanding of the legal responsibilities of directors and the importance of their adherence to reserved matter provisions. It serves as a valuable resource for legal practitioners, academics, and corporate professionals seeking insights into the legal framework surrounding the liability of directors in limited liability companies.713 views -
National Public Health Law: India’s Need to Fill the Legal Lacunae of the Archaic Epidemic Diseases Act, 1897
Student at Institute of Law, Nirma University, IndiaPages 3060 - 3072The world witnessed India’s plight when its public healthcare system groaned under the first couple waves of COVID-19 pandemic and lifted the veil off its ingrained incompetence. Until some specific governmental regulations were released in haste, the medical arena of the nation hung by a thread. Here, even the anecdotal and archaic Epidemic Diseases Act, 1897 proved to be woefully inefficient for a country already debilitated by a pandemic. The deliberations on the same—both in the Parliament and otherwise—led to the government's announcement of enforcing a National Public Health Law. This article primarily analyzes the flaws in the Epidemic Diseases Act and establishes why this more than a century-old blunt health law is not in consonance with the contemporary needs of the nation. Next, this article seeks to discuss potential health challenges against which India does not have the necessary legal mechanisms in place and how the draft of Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Act, 2017 exhibits the potential to counter them. Furthermore, this article examines the proposed structure of the new law, tests its constitutional validity, analyzes previous national health policies and laws, and discusses international covenants that focus on global cooperation via rights-based approach in Public Health Law. Lastly, in conclusion, this article attempts to find plausible suggestions and recommendations for the betterment of India’s public health policy.821 views -
Pages 3073 - 3084This research is an exiguous endeavour to highlight the rules and regulations related to trade regulation and promotion of market competition provided under the greatest work of Kautilya, the Arthashastra. Firstly, the paper highlights the features of trade and market during the periods of Guptas. Further, the paper discusses the laws made by Kautilya to maintain competition in the market and prevent abuse of monopoly in that era. It also explains the concept of merchant guilds in the Gupta Empire and how these guilds remain in control of the Kings. This paper in its present visage endeavours to attest the fact that how Arthashastra is an elixir of laws and regulations governing trade and commerce, aimed at maintaining fair competition, preventing monopolies, and protecting the interests of traders and consumers and further put forth a comparative analysis of the various provisions which can be moulded to be more effective with the help of an analysis made.1,121 views
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Pages 3085 - 3098Over the past 15 years, there has been a massive increase in the construction of infrastructure projects and Special Economic Zones in India. Prior to the creation of the New Act, the Land Acquisition Act of 1894 governed the major infrastructure projects while the SEZ Act is responsible for managing Special Economic Zones. After the recent enactment of the Land Acquisition and Rehabilitation and Resettlement Act, 2013, the legislature has introduced the process of Social Impact Assessment in projects where a big mass of people are displaced. The environmental impact assessment is also completed at the same time. The paper examines the laws and case laws like the Narmada Bachao Andolan case in the light of displacement and evaluates the issues relating to the building of Special Economic Zones and Infrastructure Projects. There were two issues. Private lands in rural areas typically suffer an impact from large projects. These rural residents lack the necessary legal documentation to demonstrate the true cost of the private land. Their way of life is also disturbed by the displacement. The need of the rural population must therefore be balanced, especially in cases of displacement brought on by SEZs. For this reason, environmental and social impact assessments are necessary. As State has the right to acquire any private land for public purposes under eminent domain, the landowners cannot stop the state from taking the land. But presently there is a good mechanism where fair compensation is paid to the persons whose lands are used and they are rehabilitated. The problem is the actual implementation of the social impact assessment process and also carrying out proper environmental impact assessment.925 views
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White Collar Crime: The Stance of India
Student at MIT WPU School of Law, Pune, IndiaPages 3099 - 3114White Collar Crime refers to those offences which are non – violent in nature and are usually focused on undue financial gain and in some cases prevention of financial loss, through means such as deceit, forgery, concealment etc. White Collar Crime is on the rise with India seeing an alarming exponential growth in such offences in the past decade, therefore, emphasising the need to study the provisions of law in regard to these offences and analyse them in order to understand whether the legal framework to deal with these crimes is competent and robust enough to deter potential violators and punish offenders. For this purpose, this paper shall explore the stance of the Indian Legal System in relation to white-collar crime, in light of various legislations with a specific focus on Chapter 17 and Chapter 18 of the Indian Penal Code, 1860 and Chapter 29 of the Companies Act, 2013; along with the Prevention of Money Laundering Act, 2002 and the recently legislated Fugitive Economic Offenders Act, 2018. As a rapidly developing economy with the kind of economic and industry growth trajectory India is following, the opportunity cost of an increase in White Collar Crime is inevitable, therefore, the need for strict provisions of law to deter and punish such offenders is emphasised and ergo highlighted in this paper.1,064 views -
Pages 3115 - 3120This article throws light upon the anti competitive practices which are exercised by the holders of intellectual property rights, it highlights the apparent antagonism between the IPR laws and Competition law. The essential aspect of IPR is the grant of exclusive use whereas competition law aims at maximum allocation of resources without prejudice to achieve allocative efficiency. Both IPR and Competition law work in tandem performing their roles of encouraging innovation and consumer welfare respectively. The competition law strikes a balance by rewarding the IP holders but also safeguarding the market from unfair competition and anti competitive measures. But in recent times the competition commission of India has through various cases highlighted certain practices which involve abuse of IP rights, contrary to the provisions of competition act. The IPR holders use foul practices such as pricing abuse in form of excessive or differential pricing, or onerous provisions in the license agreement which may potentially cause market distortions.1,187 views
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Case Analysis – Mohori Bibee v. Dharmodas Ghose
Student at Maharashtra National Law University, Nagpur, IndiaPages 3121 - 3126Is the agreement or contract made into by a minor void or voidable in this case? The issue of whether a minor who lacks legal capacity enters into a contract and what scenarios and circumstances might result also comes into dispute. A person is a minor, according to Section 3 of the India Majority Act of 1875, if they have reached the age of 18, with the exception of situations in which a court has assigned a guardian, in which case they are said to have reached majority at the age of 21. Although everyone is capable of entering into a contract under the Indian Contract Act of 1872, Section 11, there are three exceptions: minors, those who are mentally ill, and people who are prohibited by law.1,138 views -
The Israel-Palestine Conflict: The Past, Present and Future
Student at Bhavan Vidyalaya, Panchkula, IndiaPages 3127 - 3140This research paper comprehensively analyses the Israel-Palestine conflict, examining its past, present, and future implications. The introduction establishes the conflict's significance and relevance to regional and global stability. The history section traces the conflict's origins and highlights critical events shaping its trajectory, including the displacement of Palestinians and Arab-Israeli wars. The involvement of Middle Eastern states in the conflict is explored, considering their interests and concerns in the region. Factors such as political alliances, security considerations, ideological motivations, and economic interests are analysed. The paper also assesses the conflict's impact on the security dynamics of the Middle East, including the rise of non-state actors and the threat of terrorism. Recent developments are examined to provide insights into the evolving state of the conflict. Peace initiatives, diplomatic efforts, and escalations of violence are discussed, offering a nuanced understanding of the current situation. The paper also addresses the ongoing Israeli settlement expansion and its implications for peace negotiations. The role of international actors in the conflict is scrutinized, including global powers, regional organizations, and non-governmental entities. Their motivations, strategies, and potential for conflict resolution are analyzed, focusing on the impact of the United States, European Union, and United Nations on peace efforts. In conclusion, this research paper comprehensively analyses the Israel-Palestine conflict, emphasizing its historical context, current challenges, and future prospects. It stresses the importance of understanding the conflict's complexities and advocates for a nuanced approach that considers the concerns of Middle Eastern states and the involvement of international actors. The paper contributes to the discourse surrounding the conflict. It aims to facilitate the pursuit of lasting peace in the region through diplomatic negotiations, respect for international law, and addressing the root causes of the conflict.4,414 views -
An Analytical Study on Sustainable Development on Health and Population in India
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, IndiaPages 3141 - 3155The principal aim of the research is to provide people with an understanding of the interactions between population health and the status and management of the environment. This will be examined in the context of environmental sustainability, with a focus on the changes that economic development and demographic change can bring both to the environment and population health. The research will also touch upon the environmental sustainability and health sustainability of human society.The overall view of my topic involves the major ways in order to improve health and reduce population for sustainable development . Survey results SPSS graphics and diagrams are attached in this research work.cross table has been used for this research work.The essence of survey method can be explained as “questioning individuals on a topic or topics and then describing their responses”. Random sampling method was used for the purpose of this study. There are a total of 200 samples collected for this study, suggestions, discussions were taken in my research in order to make a theme over sustainable development by improving health development and reducing population growth among the nation.826 views -
Legal Aspects of Social and Family Care
Director General at University Insitute of Economics and Law, Tulská, Žilina, Slovak RepublicPages 3156 - 3166Family is the basic institution in a community. It is the primary group in which members are born, brought up, formed, trained and socialized to play various roles and functions in society. Family care is closely related to social work, social services and social care. Social workers are professionally trained to consider their clients as individuals, families, organizations, and communities that function within diverse environments. In many cases, the social worker also becomes a lawyer, which only emphasizes the interconnectedness of social care, family care and law. That is why the aim of this paper is to present the definitions of social work and its application in legal practice.681 views -
Pages 3167 - 3177According to a report by the World Health Organization, in India one in 10 hospital admissions leads to an adverse event and one in 300 admissions in death. Increase in medical negligence cases is largely attributed to awareness of medical knowledge, rights of patients and also the rise in medical cost. It is not the doctors alone who are responsible but rather the hospital, nurses, consultants, service providers and the like. Initially the paper deals with the issue of doctors prescribing medicines without personal examination. The principles of Patient Autonomy and Right to Self Determination govern the modern medical ethics. This can lead to the fear of legislation in doctors. The essence of this kind of legislation takes root from Art. 21 which guarantees the “Right to Life” of the citizen. The doctor can further be held liable under Sec. 304A, 320 and 80 of IPC. The number of healthcare seekers have drastically increased in India as opposed to the diminishing number of qualified medical personnel. This has increased the workload of the doctors. In such a situation the doctor should at least have the freedom to prescribe a temporary relief to the patient based on the symptoms without having to personally examine him. Though India produces about 50,000 medical practitioners a year, there seems to be a problem of lack of qualified staff to assist the doctor, who are capable enough to handle trivial matters which is the second issue the paper deals with. Furthermore, the paper throws light on the complexities of handling emergency cases in the hospital. In USA there exist certain enactments such as EMTALA and COBRA which guarantee medical attention to all who arrive at an emergency department. In India, we have recognized a rule that a failure on the part of any hospital to provide timely medical treatment is a violation of a person’s Right to Life. However, the extent to which this rule is complied with is a matter of fact. The next problem the medical field faces are a lack of Primary Health Centers and pre-medical assistance. As on 31st March 2014, at an all-India level there are 25020 Primary Health Centers (PHCs) functioning which is far below the required number. In 2013, the Automotive Industry Standard Committee in India deliberated on the pathetic condition of ambulances in the State. There is no standardization for ambulance design and the ambulance specifications are written by medical specialists who cannot translate the user requirement to automobile terminology. The existing laws also allow goods vehicles to be treated as ambulances. These issues are not without solution. Why does India remain backward in meeting the basic needs of the society? Citizens are the wealth of the Nation and their health should be given utmost importance. The Government should improve on the already existing laws and take up the suggestions put forward by various Law Commissions and Committees to handle this situation successfully.750 views
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To Study the Dramatic Fall in Oil Consumption due to Covid-19
Student at Prestige Institute of Management and Research, Department of Law, Indore (M.P), IndiaPages 3178 - 3187The coronavirus disease, is an ongoing pandemic which is also called as COVID-19. The outbreak was first found in Wuhan, China in the month of December 2019. As of May 2020 more, then 4.14 million cases of COVID-19 have been reported in over 187 countries and territories, resulting in more than 284,000 deaths. More than 1.42 million people have recovered. With more than 4 billion people living under some form of COVID-19 lockdown, countries around the world are reporting steep falls in fuel/oil demand. The ongoing pandemic is expected to hit oil demand in the range of 4.5-4.9 million barrel per day. The pandemic is resulting decline in consumer demand have had catastrophic implications for many oil producers, with concern about dwindling. Storage capacities resulting in many benchmark oil prices reaching new lows. The COVID-19 pandemic has shattered oil demand, sunk prices and is posing a big risk for those involved in oil extraction and processing. Globally the demand of oil is decreased by 70%. In this paper we will describe the dramatic fall in consumption of oil because of the impact of COVID-19, the decrease in its price, the effects on global industries and workers, projection given by global organization as well as the measures taken in order to maintain the economy and smooth functioning of industries.690 views -
X-Raying the Legality of a Robot Lawyer in the Nigerian Courts
Kwara State University Malete, NigeriaPages 3188 - 3201There is no gain saying that Artificial Intelligence owns the future of humanity. The ability of AI in Apps and robots to, effortlessly and at reduce cost, do what man can do and even more makes the thoughts and reception of IA welcoming and a worthwhile venture. From inventions such as KidsArm and Canadaarm2, arm looking robots that could perform surgeries thought to be unachievable thereby advancing in medicine with the help of space based technology, chatbots which is useful in writings and research, Siri, voice assistants to help with daily tasks and of recent, AI enabled robot teachers and robot lawyers expected to guide parties in their cases before the court. Yes, for a very long time men and women of the bar have been seen in courts conducting cases for and against clients and parties respectively. This normal is about to experience a ‘new normal’. How this new normal will exist and fits-in in different jurisdictions depend on the legal system. The legal profession is a highly regimented profession in various jurisdictions. There are sacrosanct rules on legal education, practice, conduct and ethics regulating the prestigious and humble profession everywhere in the world. The intention of this paper is to analyse the Nigerian legal system in order to determine the status of a robot lawyer within the system and whether the legal profession can accommodate a robot-lawyer. In essence, can a robot practice as a lawyer in Nigeria? Does a robot have a right of audience before the Nigerian Courts? A qualitative legal research methodology is adopted; and at the end of the work, appropriate recommendation shall be made based on the findings.725 views -
Social Action Advocacy: A Means for Development
Assistant Professor at Department of Law, Invertis University Bareilly, IndiaPages 3202 - 3210Social action is a process, may be used most effectively by individuals and groups who choose to work toward bringing about certain changes in their community or area. This paper deals with the conceptualization of social action, where the process of social action has been defined and explained by various authors in their respective interpretations. Further it explains and talks about the ways by which social action can be achieved, Advocacy is one of them. The process of advocacy, case and causes of advocacy which works along for the social change in the society including the role of civil societies in social action in general.908 views -
The Impact of Smart Contracts and AI on Traditional Contract Law in India
Student at O.P Jindal Global University, IndiaPages 3211 - 3224The emergence of smart contracts and the increasing integration of artificial intelligence (AI) have introduced new dimensions to traditional contract law. This research paper aims to explore the profound impact of smart contracts and AI on the foundations and principles of contract law. It examines the benefits, challenges, and legal implications that arise from the adoption of these technological advancements. By analysing relevant case law, scholarly literature, and regulatory frameworks, this paper provides insights into the potential transformation of contract law in the era of smart contracts and AI. This research paper aims to contribute to the ongoing discussion on the impact of smart contracts and AI on traditional contract law. By examining the benefits, challenges, and legal implications, it provides a comprehensive analysis that can inform policymakers, legal practitioners, and scholars in navigating the evolving landscape of contract law in the digital age.1,148 views -
Regulating the use of Armed Drones in International Humanitarian Law
Student at Symbiosis Law School, Pune, IndiaPages 3225 - 3232Nations worldwide are quickly adapting to newer technologies aimed at modern warfare. The armed Unmanned Aerial Vehicle or ‘drone’ is one of them. The scope of modern-day usage of drones has extended from its traditional roles of intelligence gathering, surveillance and reconnaissance1 to target monitoring and carrying out precision strikes. Some of the most recent examples of state militaries leveraging their armed drone capacities include the drone strikes in the Israeli- Palestinian conflict, the Armenia- Azerbaijan War 2, the ongoing Russia-Ukraine War 3 etc. With the growing use of any modern technology in warfare comes the urgency of formulating laws to regulate its use such that it is ethical and in line with International Laws. The regulation of armed drones can be a challenge to policymakers because of the fundamental ethical questions it poses in both wartime and peacetime: Firstly, who can or cannot be targeted in a drone attack during times of conflict? What is a conflict? If drones are unmanned, who is liable for any war crimes committed by means of the drone? And are our existing frameworks capable of addressing future developments in the field of modern drone warfare? This paper attempts to answer these questions while throwing light on additional recommendations that could be implemented to create a robust legal framework capable of tackling the humanitarian implications of technological warfare.1,346 views -
International Framework of Ethics and Labour Standards – A Descriptive Review
Student at Amity Law School, Noida, IndiaPages 3233 - 3251Multi-National Companies as the name itself suggest are located in different nations. People are employed in such companies from across the globe, and it includes multiple factors to be taken very delicate care of by the companies. When it comes to people, that is, human resource, their management is a huge responsibility and requires special attention, framing of policies, organizational structure, and culture suitable for every employee, compensation plans, training and development, career enhancement, and many more. The two most important of these are labour standards and framework of ethics. Labour standards vary from country to country and an organization working at the global level should definitely ensure that they meet and are at par with the labour standards of all the countries they operate in. Labour Laws are very crucial and important to be taken care of because it is a human resource an organization is employing in their business. Organizations are taking the help of the labour from the human resource, thereby, it is the duty of such an organization to ensure that they meet all the labour standards and while operating at international levels, they must take care of legislations and legal requirements of all the countries involved in their business. They must most definitely stick to International Labour Standards and the requirements released and updated by the International Labour Organization. Business ethics, on the other hand, focus on the moral obligations which the employer and employee are ought to follow. Ethics deal with morality and the right behaviour and wrong behaviour which people expect you to do and expect you not to do respectively. Framework of ethics are those standpoints which are used for rational decision making and for deciding upon what are the courses of action one must take in order to reach an outcome which is beneficial for the task to be effective and efficient and also is backed up with morality. The framework of ethics differ from place to place. Through this paper the two authors intend to identify how framework of ethics take place at the international level and the various reasons for companies at global level to follow the international labour standards. The authors majorly aim to comprehend the need of international labour standards and framework of ethics, various fundamental conventions of international labour organization, and principles and standards of international framework of ethics.1,250 views -
Challenges for Women in Artificial Intelligence: Promoting Gender Equality and Inclusivity
Assistant Professor at Sardar Patel University of Police Security and Criminal Justice Jodhpur, IndiaPages 3252 - 3262The integration of artificial intelligence (AI) technologies in various domains has the potential to reshape our societies and economies. However, the role of women in this rapidly advancing field remains underrepresented and poses unique challenges. This paper explores the intersection of women and AI, focusing on the opportunities, barriers, and implications for gender equality. The paper begins by examining the underrepresentation of women in AI-related fields, discussing the factors contributing to this gender gap, such as societal stereotypes, biases in recruitment and promotion processes, and limited access to educational and career opportunities. It highlights the importance of diverse perspectives and the need for increased representation of women in AI development and decision-making processes. Furthermore, the paper delves into the potential impact of AI on gender dynamics, discussing concerns related to algorithmic bias, gender-based discrimination in AI systems, and the perpetuation of societal inequalities. It emphasizes the importance of ethical considerations and inclusive approaches to AI development that address and mitigate these biases.1,053 views -
FTX: The Lehman Brothers of 2022- A Lesson for the Indian Crypto Regime?
Student at National Law University, Jodhpur, IndiaPages 3263 - 3271The recent fall of FTX, one of the largest crypto exchanges in the world, has sent shockwaves across the crypto community. The rapid collapse of FTX has resulted in parallels being drawn with the infamous downfall of Lehman Brothers; in fact, many have branded the event as crypto’s ‘Lehman Brothers moment’. In this regard, a comparison of the two events is important to bring to light the adverse effects that ill-thought and badly-timed decisions can have; the lack of proper regulation and inadequate corporate governance contributed significantly to the downfall of both these empires. The fall of FTX also imparts important lessons which need to be adopted to address the loopholes that currently plague the world of cryptocurrencies. In an unregulated market like India’s, where the regulators already have a wary attitude towards cryptocurrencies, an event like this is bound to spell significant repercussions. Thus, by way of this paper, the researchers seek to undertake an in-depth examination of the reasons for the collapse of FTX, whether it can truly be called the ‘Lehman Brothers moment’ of crypto, and the lessons which can be implemented to establish a degree of stability in the fledgling Indian crypto regime.681 views -
Urban Governance and Law in India: A Critical Study
Student at Maharashtra National Law University, Nagpur, IndiaPages 3272 - 3287Urbanization is a rapidly growing global phenomenon, and it is crucial for cities to have effective governance structures in place to manage the challenges that arise. With regard to the social contract between citizens and organisations and local government, as well as the local government’s accountability for the provision of services and infrastructure, urban legislation is crucial in determining the impact that citizens have (and frequently do not have) in the management and planning of their cities. The importance of effective city governance is growing as cities are seen as the areas where countries achieve the greatest advancements in their social and economic growth. A well-developed urban state is built on the pillars of well-established law. This paper presents a critical analysis of urban governance and law, which are two interconnected domains that play a crucial role in shaping the quality of life in urban areas. Urban governance refers to the structures, processes, and mechanisms through which urban areas are managed and administered, while urban law refers to the legal frameworks that govern urban activities and interactions. The paper examines the key features of urban governance and law, their strengths and weaknesses, and their implications for urban development and sustainability. Drawing on a range of theoretical perspectives and empirical evidence, the paper argues that urban governance and law need to be reimagined and reformed to address the complex and dynamic challenges facing contemporary urban societies.894 views -
Unlocking the Power of Corporate Form: Exploring the Advantages of Incorporation
Student at Xavier Law School, St, Xavier's University, Kolkata, IndiaPages 3288 - 3295A company is a “legal person” or “legal entity” which possess the potential to outlive its members unless liquidated either voluntarily or compulsorily. In essence, a company has a separate identity from its members. However, a corporation cannot be viewed exclusively as a legal entity. Instead, it is a legal device used to achieve a social or economic goal. With incorporation comes the concrete principle of separate legal entity and it is by virtue of this concept that incidents or consequences of incorporation holds ground. A business organisation, by incorporation, can limit their liability in respect of the debts thus reducing risk of potential charge by the creditors over their personal assets. However, over the years, there have been instances where the rule of separate legal entity was bypassed to reveal the true persons behind the corporate entity. In such circumstances, the rule of separate legal entity ceases to apply and the corporate entity becomes equivalent to its members. It is only under exceptional circumstances that the rule of separate legal entity is not honoured and the corporate veil is lifted. It cannot be stressed enough that in every possible circumstance, the sanctity of separate legal entity is to be maintained i.e., an incorporated body is to be treated as a separate entity independent of its members unless an exceptional circumstance crops up.767 views -
Comparative Analysis of International Arbitral Institution
Advocate in IndiaPages 3296 - 3305Arbitration is presently the most common way for states, people, and organisations to settle international disputes. As a result of increased globalisation of world trade and investment, specialised international arbitration practitioners who speak a common procedural language, whether they practise in England, Switzerland, Nigeria, Singapore, or Brazil, have become increasingly harmonised in their arbitration practises. And in recent times, international arbitration plays a key role in resolving cross border commercial disputes as there is no involvement of national courts which clearly indicates that there is no biasness in the procedure and award. These standardised practises are based on complex arbitration rules administered by organisations such as the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and the London Court of Arbitration Centre, which are located throughout Europe, Asia, the Middle East, and elsewhere. The standardised rules are themselves supported by enlightened national arbitration laws inspired by the United Nations Commission on International Trade Law (UNCITAL) Model Law. The purpose was to maximize the effectiveness of the arbitral process and to minimize the judicial intervention. The result is a powerful edifice of laws and procedures, backed up by treaties like New York convention 1958, which impose an obligation on national courts around the world to recognise and enforce both arbitration agreements and arbitration award. The awards and the procedure followed by such institution greatly affect the procedure followed by the national courts. As it helps the national court to adopt flexible rules and modify their existing laws if there is any inconsistent. Such development in the national court can help the arbitrational process to be speedy mechanism. In this paper we are going to analysis first different types of international arbitration institution and secondly how they different from each other on different aspect.965 views -
From Assertion to Aggression: Analysing the Complex Role of Violence in Subaltern Politics
Student at OP Jindal Global University, IndiaPages 3306 - 3311Subaltern groups are people in the society who constitute a class in the society that is subject to the hegemonical domination of the ruling class or the dominant class. When such groups pursue their goals and make themselves heard, the collective term for such movements is commonly known as ‘subaltern political movements’. These movements challenge the existing power structures by questioning and attempting to fundamentally transform the social or political order established by the ruling elites. To achieve their goals, sometimes these groups are lured by the prospect of violence as they believe that it can help advance their goals and make themselves heard. However, the use of violence can have unintended and undesirable consequences that undermine the very purpose of the movement. Resorting to violence can lead individuals to adopt aggressive tendencies, disregarding alternative options such as dialogue or diplomacy to resolve conflicts. This inclination towards aggression can foster a culture of violence, perpetuating cycles of hostility within society. Such cycles emerge when there is a violent exchange between those employing violence to resist and the dominant class striving to maintain its power. This is drawn from the premise set by Karl Marx in the Manifesto of the Communist Party. Consequently, this disruption affects public life, straining the resources, apparatus, and harmony of society. A prominent example of this phenomenon is observed in the Naxalite movement, where the initial zeal of the movement was eroded over time due to the prolonged use of violence by both the subaltern group and the state.875 views -
‘Lights, Camera, Cut!’: The Impact of Censorship Upon Creativity in Films and Movies
Student at West Bengal National University of Juridical Sciences, Kolkata, IndiaPages 3312 - 3320Creativity is an essential form of representation of various thoughts, ideas and opinions and in modern democratic setups, it becomes increasingly important to express oneself freely. However, one's rights must never infringe upon those of others, due to which there is also a need for restrictions and regulations upon the freedom of creative representations. So, it becomes crucial to understand what role a censorship system can play with respect to creativity and whether, in the larger context, censorship is a way to ensure a regulated social order or an arbitrary curtailment of one's autonomy and personal freedoms. This paper shall seek to study the impact and effects of censorship upon creativity and creative representation and, through the medium of films and movies, would try to ascertain the role that censorship plays for creative freedoms and liberties as provided usually in democratic setups. This paper shall also look into the judicial understanding of the interplay of censorship and creativity and would be a socio-legal analysis of this topic. The methodical approach undertaken in this paper shall consist of the study of scholarly works and publications. Secondary sources such as research papers and theses shall be relied upon to describe the specific example chosen. Online databases and news articles shall also be utilised to lend credibility to the arguments and conclusively establish the objectives of this paper.1,470 views -
Legality of Same Sex Marriage in India: A Moral Quandary
Assistant Professor at Asian Law College, Noida, IndiaPages 3321 - 3328Homosexuality is one of the most prominent legal issues of the present times. The issue of privacy has now confronted the judiciary with the question that whether the legislative approach of upholding LGBTQ+ as a distinct community yield with their demand of marital freedom in for the people who assert themselves to be a part of the LGBT Community? Section 377 of the Indian Penal Code was partially struck down by the apex court in the case of Navtej Singh Johar ,the Supreme Court held that Section 377 of the Indian Penal Code was unconstitutional to the extent that it penalises consensual sexual acts between adults of the same gender. The court, however, while delivering this judgement did not touch the question of legal status of marriage between persons of same gender. The matter is, as of now, being heard at the honorable apex court. This paper attempts to analyze the moral quandary of legalizing the same sex marriages.661 views -
Enforcement and Compliance of the Children’s Online Privacy Protection Act (COPPA): Evaluating the Impact of FTC Settlements on Corporate Practices
Student at IMS, Noida, IndiaPages 3329 - 3347This research paper investigates the enforcement and compliance of the Children's Online Privacy Protection Act (COPPA) through an examination of the recent settlement between Microsoft and the Federal Trade Commission (FTC). The paper explores the charges brought against Microsoft for alleged violations of COPPA, specifically the collection of personal information from children under 13 without parental consent. Microsoft, while denying any wrongdoing, agreed to pay a $20 million fine and implement changes to its privacy practices. By analyzing this case, the study assesses the effectiveness of FTC enforcement actions and their influence on corporate compliance with COPPA. The paper further explores the broader implications of the settlement, highlighting the FTC's continued efforts to crack down on companies collecting children's personal information without consent. Through an evaluation of the settlement's significance and its message to businesses, this research contributes to the understanding of COPPA enforcement and the importance of protecting children's privacy online.677 views -
The Influence of International Legal Framework against Corruption: Combating Corruption in Asia Pacific Region
Attorney-at-Law of Supreme Court of Sri LankaPages 3348 - 3360Corruption is a global phenomenon that impedes democratic procedures, the advancement of modernity, and social progress. Due to the wide variety of economic conditions and socio-political cultures found, the Asia–Pacific region is particularly vulnerable to the destructive effects of corruption. This research intends to discover how the international legal framework can influence anti-corruption initiatives in the Asia-Pacific region. The purpose of this study is to evaluate the effectiveness and significance of various international legislative instruments, initiatives, and cooperation mechanisms that can contribute to fighting corruption in the region. In addition, the research will investigate the challenges and limitations associated with making use of international legal instruments to combat corruption in the Asia-Pacific area. There are a number of factors that must be considered, including political will, cultural norms, economic growth, and the power of existing institutions. The ultimate objective of the study is to provide a more in-depth understanding of the role that international legal frameworks play in the fight against corruption and to assist in the development of plans that are both more robust and specific in order to combat corruption in the Asia Pacific region.744 views -
Pages 3361 - 3371The purpose of this paper is to answer the following question: To what extent can international conventions contribute to improving the practice of the right to health, via a deductive approach: which has made it possible to present generalities on the right to health and determine the flagship actions of international bodies guaranteeing the right to health.794 views
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Drug Abuse and Addiction: Analysing its Causes, Consequences and Legal Provision in India
Student at Institute of Law, Nirma University, IndiaPages 3372 - 3382Drug abuse and addiction is a social evil prevailing across the globe. India is also trapped in this vicious cycle and it has become a hurdle in its development. After alcohol, cannabis and opioids are the most commonly used substances in India. About 2.8% of the population of India is indulged in using cannabis products and about 2.1% of the population is engaged in using opioids which include opium, heroine and other pharmaceutical opioids. The present article discusses how drug abuse and drug addiction are different. It also discusses the causes and consequences of drug abuse and addiction. Further, the article also talks about various legal provisions to curb drug abuse and addiction in India. However, these laws are not efficient in curbing the menace of drug abuse and addiction and reasons for the same are also discussed.4,065 views -
Pages 3383 - 3395Generally, people do now not have much awareness on insurance policies within the services rendered via LIC. It is the conclusion for the need of an insurance policy after the lack of existence and belongings in a coincidence. It is usually held conviction that insurance is a sheer waste and takes great effort to take away this mind-set amongst people. The successes of the insurance companies rely on the awareness amongst policyholders approximately coverage merchandise and delight of the policyholders concerning offerings rendered by the coverage business enterprise. Customer pleasure relies upon upon how the patron perceives the guidelines provided with the aid of a coverage business enterprise and how they have thrilled by way of its services. By understanding, customers’ awareness degree approximately the goods, perception approximately coverage products, provider satisfaction and pride level, the advertising crew can compete with other competition to preserve the prevailing customers in addition to get new clients. The gift have a look at is tried to recognize how customers understand life coverage products, carrier excellent and delight ranges of coverage holders of the Life Insurance Corporation of India.721 views
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Brief Study on the Concept of Free Legal Aid and its Challenges in India
Student at KIIT-School of Law, Bhubaneshwar, Odisha, IndiaPages 3396 - 3404Free legal aid is a legal service that is provided free of cost or sometimes at a lower cost to the needy and underprivileged sections of society who cannot afford to hire a lawyer to fight their cases. Free legal aid ensures that everyone gets justice and no one is deprived of justice due to insufficiency of funds. The right to free legal aid is a fundamental right under Article 21 of the Constitution. Even Article 39A of the Constitution mentions the Right to equal justice and free legal aid which was inserted by the forty-second amendment of the constitution. It tells us that everyone has the right to seek justice if their right has been violated and if they don’t have the resources to fight for their rights the state shall provide free legal aid to them. This paper analyzes the concept of free legal aid and its applicability in India. It also discusses whether it is accessible to everyone in real or not.1,221 views -
Pages 3405 - 3417Emerging technologies have had a significant impact on criminal law in India, influencing various aspects of law enforcement, investigations, and the judicial system. It would be incorrect to say that Technology does only have disadvantages. If we look at the product pictures then you will come to know that there are various other benefits or advantages that are Technology can provide to all human beings. The use of Technology if done in a proper way then it can be proved to be the most beneficial invention of till date. The only condition is that it has to be used and no bad intention has to be there while using such Technology. It is the need of the hour that we should start implementing such technology for the purpose of our justice system. The Indian criminal justice system at large is in a very poor state and therefore various reforms are required for it. In this paper we will also see the need for a legal background to make the use of technology to the best of the future technology in the criminal justice system. In this research paper we will discuss the future of the emerging technology and its impact on the criminal justice system as well as legal background to make the use of technology to the best for the future. We will also see how the countries are using the emerging technology in their criminal justice system and making it much better. India is also on the line of using such technology on the criminal justice system to make the existing one better.900 views
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Demystifying Article 21: Heart and Soul of the Indian Constitution
Student at Jogesh Chandra Chaudhuri Law College, Calcutta University, IndiaPages 3418 - 3426The fundamental objective and core principle of human life is to live and let live. Both in public and private spheres, we're all entitled to certain liberties which at no cost can be put at stake. Article 21 is like a shield enumerated in the Indian Constitution that extends protection to safeguard human life from prejudices and any violation of the same is met with legal ramifications. In the contemporary era, the ongoing debates around the legalization of same-sex marriage and the conflicts regarding the abolition of the death penalty have brought the unwavering significance of Article 21 to the forefront once again. But is this Article restricted to the right to life only? Or it's an umbrella that has given shelter to a myriad of concomitant rights which although aren't explicitly defined yet hold an integral place in the Constitution? This paper attempts to demystify the broad scope and ambit of Article 21 by throwing light upon the Golden Triangle of the Constitution, the expanded horizon of this article, and most importantly the theoretical interpretation of its significance in respect of Modern India and its not-so-modern approach towards life. And, in the end, this paper strives to draw an outline of the probable road map that can protect Article 21, the heart and soul of our Constitution, from every arbitrary intervention and violation.18,289 views -
Crime and Punishment
Master’s Student at King's College London, U.K.Pages 3427 - 3438Surveillance plays a pivotal role in modern law enforcement, serving as a critical tool in crime prevention, investigation, and maintaining public safety. This abstract explores the multifaceted aspects of surveillance in law enforcement, highlighting its benefits, challenges, and ethical considerations. Law enforcement agencies leverage a wide array of surveillance techniques, including closed-circuit television (CCTV) cameras, aerial surveillance, electronic monitoring, and data analytics. These technologies offer unprecedented capabilities to monitor public spaces, identify criminal activities, and gather evidence for prosecution. Surveillance systems provide real-time situational awareness, aiding law enforcement in responding promptly to incidents and mitigating potential threats. The proliferation of digital communications and social media platforms has expanded the scope of surveillance, enabling law enforcement to monitor online activities and gather intelligence for criminal investigations. Technological advancements, such as facial recognition and biometric identification, enhance the effectiveness of surveillance systems by facilitating the rapid identification and tracking of individuals. While surveillance provides invaluable benefits to law enforcement, it also raises concerns regarding privacy, civil liberties, and the potential for abuse. Striking a balance between public safety and individual rights is a significant challenge. Safeguards such as legal frameworks, oversight mechanisms, and strict access controls are necessary to prevent unauthorized use of surveillance data and protect against potential abuses. Ethical considerations also arise in the context of surveillance, as questions of consent, transparency, and the potential for biased targeting emerge. Implementing comprehensive policies and guidelines to ensure responsible and accountable use of surveillance technologies is imperative. This abstract emphasizes the importance of surveillance in modern law enforcement while recognizing the need for robust safeguards and ethical frameworks. By effectively navigating the complexities of surveillance, law enforcement agencies can leverage these tools to enhance public safety, prevent crimes, and ensure a just and secure society.685 views -
Legal Implication of Digital Payment
Student at Capital Law College, IndiaPages 3439 - 3446The world is changing as new technology is coming into the market. The course of technology is changing in the market as there is huge competition between private industries. To increase the number of customers these industries are constantly adapting facilities to make things easy for customers. Digital payments are transactions made by a person easily in a paperless method. Some examples of this are credit cards, debit cards, E-cash, etc. This reduces the usage of cash. The Indian Bangalore recorded the highest number of digital transactions in 2022, about 29 million, followed by metropolitan cities Delhi with 19.6 million, and Mumbai with 18.7 million. A report named India Digital Payment Annual Report 2022 of Worldline it was pointed out that 74.05 billion transactions took place through UPI which was double the amount given in the 2021 report . In 2022, digital payment took a height of crossing over 149.5 trillion worth of digital transactions, which was expected to grow in 2023. With the rise of internet awareness throughout the country people are also wildly accepting the E-Payment system. This paper attempts to inform the reader about the subject matter and its legalities.795 views -
Breaking the Chains: Exploring Marital Rape in India and its Comparative Analysis with International Jurisdictions
Student at Gujarat National Law University, IndiaPages 3447 - 3468The present research looks at the sensetive topic of marital rape in India and its global context. Non-consensual sexual intercourse within marriage is referred to as marital rape. Despite advances in addressing gender-based violence, marital rape remains controversial and hidden as a result of societal taboos and legal ambiguities. The paper looks at the historical evolution of marital rape legislation in India, charting the growth of legal measures as well as public attitudes towards spousal consent and physical autonomy. Differing perspectives on the sanctity of marriage and individual rights present difficulties for legislators, policymakers, and the judiciary. On top of that, the investigation looks at global perspectives on marital rape legislation, revealing differing methods in nations around the world. Comparative study exposes differences in legal frameworks, terminologies, and criminalization practises, which can be used to evaluate existing Indian laws and propose opportunities for change. The study also looks at the psychological, emotional, and physical impacts that survivors face, emphasising the importance of supportive systems such as counselling, shelters, and legal aid services, Finally, the study emphasises a multifaceted approach to combatting marital rape, including legal reforms, public awareness efforts, and societal attitudes shifts. The paper presents actionable recommendations for Indian policymakers and stakeholders based on successful techniques used in other nations.1,104 views -
The Criminal Procedure (Identification) Act, 2021 – Boon or Bane
Assistant Professor at Government Law College, Karaikudi, Tamil Nadu, IndiaPages 3469 - 3473The Criminal Procedure (Identification) Act, 2022 authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data. 87th Law Commission Report has suggested for replacing the age-old Identification of Prisoners Act, 1920. In addition to this, In March 2003, the Expert Committee on Reforms of the Criminal Justice System Chaired by Dr. Justice V. S. Malimath recommended amending the 1920 Act to empower the Magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva, and semen. The Supreme Court also underlined the need for this in the case of State of U.P v. Ram Babu Misra . The Act further authorizes National Crime Records Bureau to collect the record of measurements, store, preserve and destroy the records, process such record with relevant crime and criminal records, and share and disseminate such records with any law enforcement agency. It also empowers a Magistrate to direct a person to give measurements for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 or any other law. This law also helps the investigating agencies to increase the ambit of persons and gather evidences which are legally admissible in the court of law. Though many features of the Act are laudable in nature, many constitutional issues such as right against self-incrimination under Article 20(3), right to privacy under Article 21, fundamental rights and human rights of the accused persons have been gravely affected. Therefore, in the light of this background, an attempt has been made in this paper to analyze the pros and cons of Criminal Procedure (Identification) Act, 2021.704 views -
Right to Freedom of Religion
Student at IILM Law School, IndiaPages 3474 - 3477Opportunity of religion is the option to pick what religion to follow and to revere without excessive impedance. This essential right is ensured by article 18 Universal Declaration of Human Rights, article article 18 of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Opportunity of religion or conviction has many aspects and crosses with other basic liberties, like the right to opportunity of articulation or the right to life. Article 25 says "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health. question, arises whether the splitting up religion and the State in the complete sense can ever be continued in this age of ours, when political resolutions affect every aspect of human life, especially moral and religious issues, which people hold important in their lives. The framers of the Indian Constitution layed down a model of political system that protects all religions with equal regard. The main aim of the constitution is to main a distance from religion however it does not stops the state to intervene in the matter of religion.1,095 views -
The Intersection of Animal Welfare with International Trade Law
Student at NMIMS School of Law, Bengaluru, IndiaPages 3478 - 3483Can animal welfare be prioritized over trade? This paper explores the relationship between animal rights and international trade law, and the challenges and opportunities that arise when these two areas intersect. Global animal treaty law focuses on preserving animal populations but neglects their treatment and adaptation to their environment. Animal welfare regulations are seen as domestic issues, limiting cross-border dialogue, and hindering efforts to regulate animal treatment in international trade. Animals are also treated as commodities, making it difficult to regulate their treatment without impeding trade. The paper argues for a balance between free trade and animal welfare standards, with stronger regulations and enforcement mechanisms to ensure animal welfare is considered in international trade. Despite limitations, trade law has the potential to drive changes in global animal treaty law by prioritizing animal needs and injustices. The paper concludes that although the WTO is not ideal for advancing animal interests, trade law has the potential to encourage more extensive transformations in global animal treaty law by centering attention on animals, their needs, and the injustices they face without legal protections.824 views -
Environment Protection and Indian Constitutional Law
Student at NMIMS, IndiaPages 3484 - 3492Our cultural beliefs and traditions include environmental preservation, and a sound environment is essential to the welfare state. One of the major social issues with lasting impacts on society is environmental degradation. The basic objective of socialism, which is to ensure that everyone has access to a decent level of living that is attainable in a pollution-free environment, must now be accomplished by our country. Our Constitution's preamble, which is built on a "Socialistic" social structure and emphasizes social issues, states as much. The Indian Constitution did not initially make any explicit provisions for environmental preservation because of the “The Stockholm Conference “and the growing knowledge of the environmental crisis led to the Indian government passing the 42nd Amendment to the Constitution in 1976. “The Environment (Protection) Act of 1986” defines environment as "the interrelationship that exists among and between air, water, and land and humans, other living organisms, plants, and microorganisms." Currently, Articles 14, 19, 21, 48A, 49A, and 51A of the Indian Constitution clearly require every citizen to protect the environment. Knowledge of constitutional provisions pertaining to environmental protection is necessary to increase public participation and environmental consciousness, thereby sensitizing the populace to preserve ecosystems and the environment.996 views -
A Study on Lease and its Kinds under the Transfer of Property Act, 1882
Student at Delhi Metropolitan Education, GGSIPU, IndiaPages 3493 - 3506The purpose of this research paper is to delve into the concept of lease and its various kinds as defined and regulated by the Transfer of Property Act, 1882. This Act serves as a vital legislation in India, governing the transfer of property rights and outlining the legal framework for lease agreements. The study aims to provide an in-depth understanding of the concept of lease, its essential elements, and the different types of leases recognized under the Act. Additionally, the paper will examine the rights and obligations of both the lessor and the lessee, and discuss important legal provisions related to lease agreements.858 views -
National Education Policy, 2020 and Environmental Sustainability in Legal Education
Assistant Professor at Mangalayatan University, Jabalpur, IndiaPages 3507 - 3513The National Education Policy, 2020 has replaced the earlier policy of 1986. The new policy stresses on multidisciplinary education with an emphasis on holistic learning of the students. The policy directs that the higher education institutions should include courses in fields like environmental education. In this paper, the author aims to evaluate the current legal education in India through the lens of National Education Policy, 2020 with special emphasis on sustainable development. Law aids in social transformation which is why it is extremely important that legal education becomes more inclusive of the crucial subject of environment and environmental sustainability. Today the whole world is burdened with the perpetually and rapidly deteriorating quality of the environment. The Indian society is especially oblivious of the dire urgency of the need of sustainability. In this backdrop, it becomes all the more important that legal education in India is imparted in such a way so that it encourages sustainable development and also includes multi-disciplinary courses in law and environment. The author also wants to emphasise on the need of including mandatory practical learning in environmental law subjects. Merely studying about the environment and related laws without actually practising its principles is meaningless bearing in mind how crucial it is to protect the environment which is reflecting in the NEP, 2020 as well.856 views -
Scrutinizing the Right to Love as a Human Right in Light of Honour Killings and Casteism in India
Student at Tamil Nadu National Law University, Tiruchirappalli, Tamil Nadu, IndiaPages 3514 - 3524Fundamentally, the Right to Love has not been explicitly mentioned in any of the documents concerning Human Rights. However, it is presumed to be a fundamental right that is envisaged under the guise of different headings in various documents. For instance, Article 16 of the UDHR mentions that grown men and women have the right to marry and start a family, without anyone trying to stop them because of their race, country, or religion. Even though the Article does not expressly mention the word ‘love,’ the same can be interpreted to come under the purview of the Right to Love as it comes as a prerequisite for any two adults for proceeding with a marriage. Overall, this article delves into the concept of the right to love as a fundamental human right by proving the existence of such a right via conventions, legislations, constitutions, and judicial precedence. Further, honour killings in India have been a major concern over ages and is prevalent to this date. Even as recent as 2018, the Supreme Court has issued directions against honour killing which is considered to be a gross violation of the right to love and the right to marriage. This article seeks to contribute to the understanding of the right to love as a fundamental human right and shed light on the conservative nature of households because of the caste system as a driving force behind honour killings, and analyse the judicial precedents on the matter. Ultimately, the findings of this article can inform discussions on human rights, social justice, and the eradication of honour killings in India.757 views -
Consideration and Privity of Contract: A Critical and Comparative Study in India and England
Student at NMIMS, Bangalore, IndiaPages 3525 - 3535Consideration is one of the most essential elements of a contract, be it under any law. Consideration means gaining something in exchange for a promise. It forms the major part of any contract, either under English law or Indian law. Privity of contract, on the other hand, is a major legal doctrine which is followed in almost every country. This paper explores what is the meaning of consideration and privity of contract under English and Indian law respectively. It explores the comparison between the two along with judicial precedents to further explain the comparison. The paper analyses the role of consideration and privity of contract in today’s context as well. As a conclusion, I proceed with a critical analysis and argue that the doctrines of consideration and privity of contract hold an importance in formation of every contract.1,459 views -
Processing and Degrading Simultaneously: E-Waste an Explanatory Study Needs a Compelling Clustering Statute
Student at Banasthali Vidyapith, IndiaPages 3536 - 3549Decorating environment is a prime concern now a days. Pollution level is increased to that extent where its management seems to nearly impossible. The E-waste or electronic waste is one of the main contributors to the environmental pollution. E-waste are those electronic devices which are discarded and are not in use. But the management of e-waste in informal process causes in pollution problems and ultimately in serious health issues. Components of electronic scrap like CRTs (Cathode Ray Tubes) may consist of contaminants such as brominated flame retardants, cadmium, lead, beryllium. Around 50 million tons of E-wastes are produced annually. This depicts the possible and dangerous threats to natural environment and its habitants, if it is not checked and not properly disposed depending upon its hazardous and toxic nature of reaction towards air, land and water. This paper discusses the pros and cons of E-waste and possibly each and every aspect regarding E-waste and its management as well as its legal aspects too.758 views -
Status of Women in Indian Judiciary
Student at Sai Nath University, Ranchi, IndiaPages 3550 - 3558This abstract provides a quick overview of the current situation of women in Indian judiciary. It strives to draw attention to the developments made, difficulties encountered, and ongoing initiatives to advance gender equality and inclusivity within the Indian judicial system. The Indian judiciary, which is an essential component of the nation's democratic structure, is fundamental to sustaining the rule of law and dispensing justice. In the Indian judiciary, women have historically been underrepresented, which reflects larger societal gender inequities. To overcome this disparity and build a more open and gender-responsive judicial system, however, deliberate attempts have been made recently. The abstract focuses at the advancements made in increasing the participation of women in the Indian judiciary. It talks about how women are becoming more prevalent in the legal profession and in legal education, which has gradually opened the door for them to enter the judiciary. Important turning points in the direction of gender parity include the appointment of women as Chief Justices in several High Courts and their presence on the Supreme Court bench. Despite these developments, issues still exist. The abstract explores the prejudices and obstacles that women in the Indian judiciary still have to deal with. It deals with challenges including gender stereotypes, implicit bias, and cultural expectations that can prevent women from advancing professionally and getting access to important decision-making positions. Additionally, it looks at the difficulties in balancing professional and personal obligations and the need for infrastructure and regulations that can help. The abstract also emphasises the continuous initiatives to advance gender equality within the Indian judicial system. To address gender prejudices and promote an inclusive workplace, programmes like mentorship programmes, gender sensitization committees, and sensitization campaigns have been put in place. In order to guarantee equal opportunities and fair representation for women in the judiciary, it emphasises the significance of a comprehensive approach combining institutional improvements, policy interventions, and cultural transformation. Overall, this abstract recognises both the problems that still need to be overcome and the success accomplished in increasing women's participation in the Indian judiciary. It highlights the importance of making consistent efforts to rectify gender inequities and develop a judicial system that represents the diversity of the society it serves. The research findings mentioned in this abstract highlight the importance of a fair and inclusive court in a democratic society and add to the larger conversation on gender equality and women's empowerment in the Indian judicial system.1,115 views -
Same Sex Marriages: A Socio-Legal Conundrum
Assistant Professor at Department of Laws, Panjab University, Chandigarh, IndiaPages 3559 - 3564The legal issue pertaining to the recognition of same sex marriage is a moot question which not only just concerns the LGBTQI+ community but it also gives a brainstorming task for the courts, legislators and researchers in academia. After the decriminalization of homosexuality among the consenting adults give to another demand i.e. legal validation of same sex unions. The same sex union has been recognized in many of the democratic countries throughout the world and the many are on the trail of giving recognition in their respective countries. The queer community has been demanding this right for the past many decades which has been prolonged due to the opposition from the institution of religion and societal norms which indicate towards non acceptance of such kind of unions. The present paper is an attempt to understand the socio-legal dynamics revolving around same sex unions and tries to explore the same with the constitutional prism; along with the role of judiciary as a guardian of queer rights.949 views -
A Critical Analysis of Prohibition Law in U.S.A., Russia, Canada, Scandinavian Countries and West Asiatic Countries
Student at SRM School of Law, IndiaPages 3565 - 3575The Prohibition Law being the subject matter of the topic, the essay is about the critical analysis exercised in the name of the greater good for preventing consumption. The four given countries such as the U.S.A, Russia, Canada, and Scandinavian and West Asian Countries have a concrete history of legal governance in alcohol and also had their backfired moments. But why is it important? When it comes to law and finance, History always tends to repeat itself. The study is on the perspective of bringing a better connotation, such as whether the nature of the probation law is aimed at a health perspective or moral perspective. Or, is the prohibition law the root cause for the subjection and suppression of violence as a crime? And the list goes on…… For the critical study, some materials are significant to be pondered upon. The main materials are mostly the authored book written by Law, Alcohol and Social Order written by Mark Keller, and academic research papers which will be mentioned along with their data. The first part talks about the Summary wherein the overall understanding of the Prohibition law will be discussed as to what the prohibition is all about. The Analysis part is where the critical analysis is discussed to create a layout of the efficacy of the so-far enacted governance and its positive and negative impact. The Critical Analysis is also being discussed from the viewpoint of the shortcomings of the nations given for the study. Then comes the conclusion, wherein the overall idea of what the author is trying to achieve will be discussed, and the personal conjecture and findings will be laid out with a recap of the so far discussion made in the context.722 views -
International Commercial Arbitration: Contemporary Legal Issues with special reference to India
Ph.D Research Scholar at National University Of Study And Research In Law, Ranchi, IndiaPages 3576 - 3590Due to the development of the society, human clashes are inescapable. As a result of this undesirable circumstance it is required that, there ought to be a powerful, simple and speedy instrument for resolution of such debate, separated from judiciary, which is as of now burdened with pending cases. In this circumstance international commercial arbitration has contributed immensely in the commercial field. The field of international commercial arbitration has developed with momentous speed in recent times. It has expanded significantly as the foremost viable dispute settlement mechanism and thus a critical and imperative apparatus for advancing worldwide trade and investment. Hence, conventions and pacts have been adopted, and specialized institutions have been set up, in order to move forward and encourage the working of international commercial arbitration. In India, with the modernization of the legitimate framework, since 1990, there has been a dynamic slant towards the codification of arbitration and ratification of progressive arbitration law. Eventually in 1996, after the failure of the Arbitration Act, 1940, India opened a modern chapter in its arbitration law when it passed the Arbitration and Conciliation Act, 1996. This Act is primarily propelled by the Model Law (1985). India too has joined different imperative international conventions on international arbitration, such as the Geneva Convention, 1927 and especially the New York Convention, 1958 on the implementation of foreign awards. This paper throws light on the contemporary legal issues related with international commercial arbitration, with special reference to India.1,001 views -
Tracing the History of Assimilation of Adaptation Right into Copyright
Research Scholar at Inter University Centre for IPR Studies, CUSAT, IndiaPages 3591 - 3603Adaptations occupy a significant place in the world of intellectual property, especially in Copyright Law. Copyright law protects the original expression of an idea. In addition to protecting the original work, copyright law also restricts other persons from making adaptations of protected works without the permission of the owner of the copyright in the original work. Although the adaptation may be eligible for new copyright protection of its own, unless either the original work has to come in the public domain or the owner of the copyright in the original work has to consent to the same. Otherwise, the adaptation would infringe the copyright of the owner of the original work. This is an attempt to track the evolution of adaptation right into an exclusive right under the copyright. Expansion of the scope of the authors’ right of creative reuse from mere reproduction right. This paper looks into the philosophical and cultural foundations on which the adaptation right was assimilated into copyright. It also looks into the national practice concerning adaptation at early periods. The paper also highlights the conflict in recognising adaptation right at an international level during the emergence of the Berne Convention.1,178 views -
Evolution or Devolution of Rights of Third Gender in the Indian Legal System?
Student at Jindal Global Law School, IndiaPages 3604 - 3608This article examines the Hindu Marriage Act, 1955 and the Fundamental Rights guaranteed by the Indian Constitution in the case of Arunkumar & Sreeja v. Inspector General of Registration & Ors. The case's legal implications, including Section 5 of the Hindu Marriage Act and Articles 14, 19(1)(a), 21, and 25 of the Constitution, are examined in this case comment. It contends that refusing to register their marriage amounted to a violation of their fundamental rights to equality, freedom of speech, individual autonomy, and the exercise of religion. The paper emphasizes the necessity for evolving legislation to take into account the shifting socioeconomic landscape and provide equal rights to all people, regardless of their gender identification, in its conclusion.706 views -
Pages 3609 - 3616Investing in the stock market may be a highly lucrative opportunity for individuals as well as companies that are interested in growing their wealth. The process of selecting decisions about investments, on the other hand, necessitates doing in-depth examination and analysis of a wide range of factors in order to minimise risks and maximise rewards. This study paper intends to investigate the process of making investment decisions by applying several investment assessment approaches to a portfolio of diverse shares that are traded on Indian stock exchanges. The course will cover some of the most important aspects of investment appraisal, including financial analysis, risk assessment, and performance evaluation. These are only some of the topics that will be discussed. Through the use of real-life scenarios and anecdotes as illustrations, this article will shed light on the steps involved in decision-making and give assistance to investors in making intelligent choices on the Indian stock market.678 views
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Geographical Indications and Culinary Contests: Analysing the Claims of Bengal vs. Odisha Rasgulla/Rasagola and the PISCO Struggle in South America
Student at Jindal Global Law School, Haryana, IndiaPages 3617 - 3631This paper examines the controversies and competing claims surrounding Geographical Indications (GIs), focusing on two specific cases: the battle between West Bengal and Odisha over the origin of Rasgulla, a popular Indian sweet, and the ongoing tensions between two South American countries namely Chile and Peru, over an alcoholic beverage called PISCO. The authors argue that the disputes over GIs extend beyond economic value and delve into cultural and historical interests. They explore the complexities of obtaining a GI tag for Rasgulla, analysing the conflicting claims, and discussing the distinction between a recipe and a GI to come to the conclusion on whether Rasgulla as a dish should be awarded a GI tag at the first place. The paper also highlights the need for clear guidelines to differentiate between unique food products and generic recipes, drawing insights from the European concept of "Traditional Specialities Guaranteed" (TSG). To draw a similar analogy, the authors also take in account the dispute between Chile and Peru regarding PISCO which is an alcoholic beverage and dwell into many other contesting GI claims around the world. In the end, it is concluded that the controversies surrounding GIs are driven by cultural passion rather than serving the interests of manufacturers.1,301 views -
Drug and Alcohol Specialist Role in the Prison System
Student at University of Petroleum and Energy Studies, IndiaPages 3632 - 3637The usage of drugs, which includes illicit chemicals like cocaine, heroin, and designer drugs like ecstasy and LSD (lysergic acid diethylamide), as well as controlled substances like painkillers and hallucinogens, is on the rise in today's society. During the pandemic, when the rest of the globe was engaged in a war, some individuals were engaged in daily battles with addiction. Unfortunately, the lack of support prevented these people from winning the fight. The most vulnerable group, those incarcerated in various institutions around the globe are most susceptible to drug and alcohol addiction. Additionally, the majority of inmates have a history of substance abuse. The main aim of the article is to discuss the role of alcohol and drug specialists in the criminal justice system, the challenges they face in carrying out their duties, the enormous task of helping prisoners get back on their feet, the necessity of these professionals, and steps that can be taken to make the system better.3,099 views -
The Evolution of Crime: The Dynamic Definition of Crime as Per Society
Graduated from KIIT Law School, IndiaPages 3638 - 3689This research paper aims to explore the concept of crime and its definition, highlighting how it changes according to the values, norms, and socio-cultural context of a society. The paper analyzes the multifaceted nature of crime by examining historical perspectives, cultural relativism, and the influence of social, technological, and legal developments. The study emphasizes the importance of understanding the dynamic nature of crime in order to adapt our legal systems and social policies to address emerging forms of criminal behavior. By examining case studies and scholarly research, this paper provides insights into how the definition of crime evolves, reflecting the ever-changing societal landscape.2,169 views -
Shifting Paradigm: An Analysis of Evolution of Rape Laws in India
Assistant Professor at Amity Law School, Amity University Chhattisgarh, IndiaPages 3690 - 3700Women across the world have been more prone to sexual offences, and this has been recognized as well by almost every country by criminalizing forceful sexual advances against women. Among this category, rape is considered as one of the most appalling, atrocious, barbarous crime that can be committed against any woman. There has been a significant evolution in rape law. However, instances of rape have only increased with passage of time. In India, at present the relevant provisions for criminalizing rape is provided under Sections 375 to Section 376E of the Indian Penal Code, 1860, and some specific provisions are there for criminalizing rape against minors under the Protection of Children from Sexual Offences Act, 2012. In this paper, an attempt has been made to trace the evolution of rape laws in India and to comment on the possible paradigm shift in the evolution of rape laws in India.962 views -
Gang Violence and Gang Culture in Bangladesh: A Phenomenon Dangerous for the Youth Group
Assistant Professor at Department of law, Premier University, Chittagong, BangladeshPages 3701 - 3715Modern-day gangs have become a pervasive menace to social communities throughout the nation. Gang culture has become a challenge that viciously strains local resources by gradual growth in smaller communities which was once considered mostly an urban phenomenon. Now-a-days it has been reported that many crimes in large cities as well as in rural areas has been conducted by youth gangs which is a great concern for the promising youth. So, this article presents an assembling of existing research on youth gangs, including the reasons behind increasing the tendency of youth joining gangs and the risk factors. The author also scrutinizes how the members of the society can begin to consider their problems related to youth gangs and make available solutions by preventive activities and intervention. This article also tries to find out effective measures to get rid of this gang violence and youth delinquency.1,372 views -
Cyber Law in Relation with Children
Research Scholar at Radha Govind University, Ramgarh, Jharkhand, IndiaPages 3716 - 3726This abstract examines the challenges and implications of children in conflict with cyber law. With the proliferation of technology and internet access, children are increasingly exposed to online platforms and digital communication channels. However, this expanded digital landscape also exposes them to potential risks and legal dilemmas. This abstract aims to shed light on the complexities faced by children in cyberspace and the importance of balancing their protection and accountability. The prevalence of children's online activities and the rise in cyber-related offenses involving minors are discussed. Cyber law encompasses various areas such as online harassment, cyberbullying, identity theft, privacy invasion, and unauthorized access to computer systems. Understanding the intricate balance between protecting children's rights and ensuring their accountability is crucial. Children in cyberspace face unique vulnerabilities due to limited digital literacy, lack of awareness regarding legal consequences, and susceptibility to online manipulation and exploitation. Parents, educators, and policymakers play vital roles in providing guidance, education, and safeguards to empower children to navigate the online world responsibly. The abstract explores legal frameworks and initiatives designed to address children's involvement in cyber law violations. International conventions, national legislation, and regulatory efforts aim to protect children's rights online, foster digital citizenship, and enforce effective mechanisms. Cross-border jurisdiction and international cooperation are key challenges in effectively addressing cyber-related offenses involving minors. Long-term impacts of children's encounters with cyber law are discussed. Restorative justice approaches focusing on rehabilitation, education, and promoting positive online behavior are highlighted. Creating a supportive environment that enables children to learn from their mistakes and become responsible digital citizens is essential. In conclusion, this abstract raises awareness about the multifaceted issues surrounding children in conflict with cyber law. Comprehensive strategies encompassing legal, educational, and societal dimensions are necessary to safeguard children's well-being, rights, and future in the digital age.1,319 views -
Section 370 – Trafficking of Persons
Student at NMIMS Kirit P Mehta School Of Law, Mumbai, IndiaPages 3727 - 3734Purpose - The purpose of this paper is to understand and research about Section 370 Trafficking of persons. Research Implication – This paper provides a preliminary understanding of the role of Section 370. Further research might use alternative methods and this paper might make use of secondary research method that is on already existing data. Findings - This research will attempt to evaluate and assess role of Section 370. It comes to the conclusion that the anti-human trafficking legislation must be strengthened to ensure that they fulfil all requirements for preventing human trafficking. To prevent them from becoming victims, those who are living in poverty throughout the country must be made aware of human trafficking and its effects. Originality/Value – The government must protect the weaker members of society to prevent them from becoming unfortunate victims of human trafficking. The victims of human trafficking are only those who fall below the poverty line, thus the crime of human trafficking may be greatly reduced if the government assists the underprivileged sections of the population and provides them with enough training and employment. NGOs, welfare offices, legal consultants, as well as members of the general public and social workers, must all play a crucial part in defending the rights of women and children by offering assistance, providing legal direction, and doing so from the bottom up.796 views -
The Technology-Intellectual Property Laws Dialectic: Forever Tumultuous?
Research Scholar at IUCIPRS, CUSAT, Kalamassery, Kerala, IndiaPages 3735 - 3744This paper attempts to look at the problems in the legal regulation of new technology of 3D printing. Copyright, patent and trade mark laws seek to protect creators, inventors and commercial endeavours from infringement. 3D printing offers a glimpse of hope towards solving many existential problems like food scarcity, housing shortage, climate change, drug development to name a few. There are calls from intellectual property rights holders to rein in this technology using intellectual property laws. The Paper tries to look at the possible impact of an expansive regulation of nascent technologies like 3D printing using intellectual property laws.767 views -
The Tug of War: Decoding the Public/Private Divide
Student at Symbiosis Law School, Pune, IndiaPages 3745 - 3754The paper sheds light on the complexities of power dynamics and societal interactions, providing insights into the interplay between public engagement and private autonomy.756 views -
Disability Assessment in India: A Case Study with Socio-Legal Approach and Specific Reference to The United Nations Convention on The Rights of Persons with Disabilities and The Rights of Persons with Disabilities Act, 2016
Student at the University of Birmingham, UKPages 3755 - 3773Disability is an evolving phenomenon, and one major portion among that is the disability assessment policy of the country. The research through its qualitative case study presents the living experience of persons who had gone through the disability assessment process in India and were denied the disability status. It argues that the picture is quite different in practice, for it lacks logic and poor implementation. To clarify logic, the Rights of Persons with Disabilities Act, 2016 which is the central legislation in India dealing with disability, adopted the same definition of “persons with disabilities” as mentioned in the United Nations Convention on the Rights of Persons with Disabilities along with two other definitions but defeats its purpose by restricting and categorizing the disabilities to 21 “specified disabilities” for which a person can apply for a disablement certificate. The research helps in exploring important factors responsible for the exclusion of certain impairments in the disability assessment policy of the country which is based on the pure impairment approach opposing the disability approach.817 views -
Right to Information v. Right to Privacy: A Constitutional Battle
Student at Symbiosis Law School, Pune, IndiaPages 3774 - 3783“Government of the people, by the people, for the people” defines democracy worldwide. Democracy is founded on the ideals of equality, liberty, and open debate. Knowledge is power and the Right to Information Act, 2005 has made the citizens custodians of this power, while the Right to Privacy restricts it. The paper sheds light on the Constitutional provisions securing the Right to Information and the Right to Privacy and features cases outlining the conflicts between the parallel rights. The paper further reflects on whether public interest trumps citizens’ right to privacy in the context of access to information from the government.892 views -
Unveiling Consumer Shopping Trends: A Comparative Analysis of Online and Offline Dynamics
Student at NMIMS, Navi Mumbai, IndiaPages 3784 - 3801From time to time, it has been established by different professors that the customer is the king/ queen. Hence the main aim of any business enterprise is not only to satisfy its customer but also to acquire more customers to grow its business. The two segments used by consumers today to purchase products are: 1. The age old and most trusted “Offline shopping segment or traditional marketplaces”. 2. The new and convenient “Online shopping sites”. In today’s time, consumer preferences play a vital role in ensuring the success of any business. Hence it is important to analyse the most preferred shopping segment according to the consumers. This paper focuses on the factors that any rational consumer takes into consideration before forming their purchase decision. The objective of this paper is to determine which segment will be the future of India. In order to form a more practical viewpoint and to ascertain the factors involved with online and offline shopping, a survey was conducted with a sample size of 140. The survey provides a mixed result, which not only indicates but also confirms the fact that India is headed towards an omni- pricing strategy.830 views -
Collegium System in India – Need for Judicial Independence
Student at KLE Society's Law College, IndiaPages 3802 - 3808Maintaining judicial independence is crucial to any nation's democratic system. The judiciary serves as a guardian of citizens' rights, which are protected by the law and the constitution. Every democratic nation uses a variety of strategies to guarantee judicial independence, which also guarantees personal freedom. The rights of the people can only be safeguarded against the arbitrary powers of the administration or legislature by an impartial and autonomous judicial system. The judiciary is made up of the courts, judges, and justices that make up the entire judicial system of the nation. Regardless of whether the judge is handling a civil or criminal matter, judicial independence is crucial. Judiciary systems plays a crucial role for gaining confidence in public. The only hope that people have in this democratic country amidst the complex and corrupt politics in this country is on the Judiciary, which promises to be fair and unbiased. So the appointment of judges in transparent manner is one of the essential requirements for sustaining confidence in people.962 views -
Legalising Germline Editing for the Cure of Congenital Diseases and Disabilities in India: A Human Rights Perspective
Student at CHRIST (Deemed to be University), IndiaPages 3809 - 3828Technological advances in the medical field have brought potential solutions for curing genetic diseases. This research paper explores whether legalising germline editing can be instrumental in promoting human dignity in regional groups suffering from genetic diseases or abnormalities. Germline editing is a scientific technique used to correct congenital disabilities not by environmental manipulations but by acting directly on the DNA in the affected person’s cells. The technology has raised several political concerns and has been subject to legislative considerations, regulatory actions, and court deliberations across the globe. This technology, posing great revolutionary potential, has been subject to scrutiny owing to its considerable nexus with human autonomy, self-determination, and diversity. Through this research, the authors seek to address the general concerns raised by various theorists and philosophers regarding the threat of violation of human rights posed by the employment of such technology. The paper investigates the Kantian view on dignity and philosophically analyses the ambiguity surrounding the definition of human dignity. Further, the paper focuses on the case studies of various communities that have been exposed to genetic mutations because of certain man-made tragedies and have been suffering from the consequences across generations. The economic viability of germline editing over genome editing for the affected communities as it transcends through generations has been studied by looking into the financial position of the marginalised communities affected. The authors argue that gene therapy can play a significant role in undoing the suffering of the present and future generations. These developments do not seek to upend the current human rights regimes so much as to include a broader set of behaviours under their umbrella.913 views -
Local Content Agenda in the Extractive Industries: The Emerging Achievements and Challenges of the Mining Sector in Cameroon
Senior Lecturer at FSJP, University of Maroua, CameroonPages 3829 - 3865The paper offers guidance on understanding and delivering local content in relation to the extractive industries, with a particular focus on the mining sector. It aims to offer the mining developers practical advice on how they can realise the potential value of local content and to offer all stakeholders suggestions on the ways to aid create shared value via local content development. Since local content frameworks require investors to meet certain social investment targets amidst trade-offs. As the local community where the exploitation is taking place do often benefit in terms of job creation, local business development, capacity building and technology transfer. Thus, as the mine is opened in the community, the members of the community immediately expect benefits from employment opportunities at the mine and be able to sell their goods and services to the mine. Despite these, some challenges still exist like the nature of the goods and services offered by the community, which can lead to conflicts if not properly managed, especially where there are lapses in legislation. Although as seen in the case of Cameroon, where the lapses in local content legislation, have enabled the mining companies to take a range of approaches to local content, from strategic to opportunistic, though with varying degrees of success. In this vein, the paper proffers the policymakers and other viable stakeholders in the mining sector to brainstorm and adopt specific legislation on local content, and establish a national agency of local content, as the first step towards operationalizing local content, as a sustainable and alternative strategy to avoid the resource curse dilemma in Cameroon. As such, although the recommendations as they stand can be taken up by stakeholders individually – though to achieve the full potential of local content development, a more cohesive and strategic approach is warranted, where a stakeholder forum is held constantly, whereby the stakeholders can debate and discuss the issues, challenges and opportunities, and hopefully come to a collective decision as to how best to proceed in a strategic and industry wide manner. Likewise, scholars from academia, civil society organisations, and other research institutions will find the research outputs a valuable addition to their current knowledge of the mining sector and an impetus to conduct more research on the local content agenda.784 views -
Domestic Violence: The Unheard and Unnoticed Voice of Indian Women
Student at Amity Law School, Jaipur, Rajasthan, IndiaPages 3866 - 3872India is a nation renowned for the variety of its heritage, customs, and morals. Domestic violence against women is one of India's severe social issues, though. Abuse that takes place in the home, including physical, emotional, psychological, and sexual abuse, is referred to as domestic violence. Regardless of their socio-economic status, it is an ubiquitous multifaceted communal problem that affects many women in India. Despite the fact that domestic abuse is exceptionally common, Indian culture persists to mostly overlook and disregard the problem. Women are more susceptible to exploitation and abuse because of cultural norms and attitudes that place men in a superior position. Women are frequently expected to endure abuse and violence in isolation rather than seeking help or speaking out against it because men are often viewed as the figurehead of the home. In addition, it can be troublesome for women to come out because of the social taboo and remorse associated to being a victim of domestic violence. Despite laws and practices safeguarding women from domestic violence , many victims are oblivious of their rights or hesitant to seek assistance out of concern for retaliation from their abusers or society at large. In India, the court system is moreover routinely retarded and onerous, making it exceedingly hard for women to get justice. This piece of writing examines the tension between domestic abuse and the right to life. Repercussions to society are also being reviewed. The author also talks on the fact that is domestic violence solely impacts women? Last but not least, the study has a sound conclusion and sensible ideas. This writing aims to support ongoing initiatives to advance social justice and gender equality.1,152 views -
Pages 3873 - 3887The world of work is changing rapidly with the growth of the gig and platform economy. This is particularly true in India where the number of gig and platform workers has been on the rise over the past few years. This paper provides an overview of unorganised workers in India, the meaning and scope of gig and platform workers, the constitutional position of gig and platform workers, and the rise of unorganised workers in India. The paper begins by examining the conditions of gig and platform workers in India. The paper then moves on to define gig and platform workers and their scope of work, highlighting the differences between the two. The constitutional position of gig and platform workers is then analyzed, with a focus on the legal framework that governs their working conditions. The paper also highlights the role of International Labour Organisation in promoting the decent working environment to these workers. The paper also highlights the impact of covid-19 on gig economy in India. The paper highlights the various challenges faced by gig and platform workers, including the lack of social security, health benefits, and the absence of formal job contracts. The paper concludes by discussing the rise of unorganised workers in India, which has been driven by the growth of the gig and platform economy. It highlights the need for policy interventions to address the challenges faced by gig and platform workers, and to ensure that they receive fair wages and working conditions. Overall, the paper provides a comprehensive overview of the gig and platform economy in India, and the challenges that lie ahead for this growing sector of the workforce.1,282 views
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Pages 3888 - 3891The aim of this study is to explore the factors that affect women empowerment and the challenges faced by women in India. The research examines the current status of women's empowerment in the country and highlights the key factors that contribute to their existing situation. The selected factors for this study include social status, health, access to education opportunities, decision-making power, social freedom, and various forms of intelligence. This research also traces the historical background of the women's empowerment movement in India, which gained momentum during the colonial era. The findings of this study reveal that women in India face significant barriers and discrimination, preventing them from engaging in certain activities and enjoying equal status compared to men. The study also sheds light on the efforts made by the Indian government to empower women through various national and global schemes and initiatives. Furthermore, this research attempts to forecast the prospects for women in various domains and assesses the effectiveness of initiatives undertaken by the Union of India. By analyzing the current situation and exploring the factors that influence women's empowerment, this study aims to contribute to the ongoing discourse on gender equality and inspire further action towards women's empowerment in India.1,342 views
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Navigating Challenges in Implementing Menstrual Leave Policy in India
Student at Indore Institute of Law, IndiaPages 3892 - 3898In recent years, discussions surrounding gender equality and inclusivity in the workplace have gained significant momentum. One key area that has emerged as a focal point of these discussions is the implementation of menstrual leave policies. Menstruation is a natural bodily process experienced by billions of women worldwide, and it often comes with physical discomfort and emotional challenges. In biological terms, "The menstrual cycle is the process that takes place every month and involves normal vaginal bleeding and the shedding of the lining of the uterus or womb" thus making the female body capable of conceiving the child in future. However, menstruation could occur in females as early as the age of 9 years but usually initiates when the female enters her teenage years. Recognizing the need for menstrual equity and women's rights, many countries have introduced policies that allow for menstrual leave. India, too, has witnessed discussions around implementing menstrual leave policies. The concept of menstrual leave is not something recently formulated but has its origins and roots in the early 20th century. This Menstrual leave policy, in its literal sense, could be elaborated as "a leave that could be either paid or unpaid, taken by an employee when she is observing menstruation." This article delves into the multifaceted challenges that arise while implementing menstrual leave policies.1,041 views -
Abortion: Right to Reproductive Health
Student at Army Institute of Law, Mohali, IndiaPages 3899 - 3913The approximate count of abortions taking place annually in India is about 15.6 million of which maximum are unsafe and end in maternal mortality or morbidities. This situation is attributable to lack of awareness regarding established legal courses of action. Before the 1971 legislation regarding Medical Termination of Pregnancy came into being, every kind of abortion was considered to be a crime under section 312 to 316 of the Indian Penal Code as intentional miscarriage. Considering legitimate exceptions, abortion has taken a legal recourse albeit societal stigma still prevails. Though the Medical Termination of Pregnancy Act, 2021 is comprehensive and has bolstered abortion rights in India, still there is a lacuna in the medical care services. This research paper aims at the analytical study of abortion laws in India and postulate suggestions for the refinement of the law to strengthen women’s right to reproductive health.979 views -
Pixels in Peril: Resolving the Dichotomy of Freedom of Expression and Trademark Protection in Video Games
Advocate at Punjab and Haryana High Court, Chandigarh, IndiaPages 3914 - 3924This research paper examines the intricate relationship between video games, trademark laws, and freedom of speech and expression. With the rapid growth of the gaming industry, questions surrounding the boundaries of intellectual property rights, creative expression, and individual liberties have become increasingly important. The paper begins by providing an overview of the legal framework governing trademark laws and their relevance to video games. It explores the fundamental principles underlying trademark protection, such as the likelihood of confusion and potential dilution of trademarks in the gaming context. Furthermore, it investigates how the interplay between trademark laws and video games impacts the ability of game developers to create and distribute innovative content. Moving forward, the study delves into the multifaceted issue of freedom of speech and expression within the realm of video games. It examines landmark legal cases that have shaped the interpretation of the Right of Freedom of Speech and Expression in the United States and India in relation to video games. Specifically, the paper analyzes instances where the tension between expressive freedom and trademark rights has led to legal disputes within game narratives. The study explores the various approaches taken by courts in the US and India in addressing the complex issues arising from the convergence of video games, trademarks, and freedom of speech. By examining these legal perspectives, the paper provides insights into how both the jurisdictions have approached this matter and the potential implications thereof. Ultimately, this research paper aims to contribute to the ongoing discourse surrounding video games, trademark laws, and freedom of speech and expression. By shedding light on the legal challenges faced by game developers and the implications for creative expression, it highlights the need for a balanced approach to safeguard both intellectual property rights and individual liberties in the digital age.859 views -
Since the middle of the 20th century, pesticides have emerged as the most effective means of keeping pests away to increase agricultural production. Pesticides are increasingly used to preserve crops and agricultural output, but they have several dangerous side effects on the environment and human health. There is rampant use of ‘banned pesticides’ and ‘excess amounts of pesticides’ and ‘unscientific use of pesticides’ in India. Pesticide residues in Indian foods are tens of times higher than in other developed countries. These residues entering into human body are causing various health impacts. The issue of pesticide residue though being the most serious issue is being neglected due to lack of knowledge and awareness among the government officials and common public. Various laws made at the national and international levels have remained limited for the sake of paper works. The provisions made under food laws are not effectively enforced and implemented. This paper will critically analyse the pesticide safety laws of India for the protection of the human health from serious threats of pesticide residues. It highlights the lacunae in current food safety and pesticide control regulations. The on-going challenges in enforcing these laws, role played by the judiciary in implementation and enforcement of the existing legal framework will be analysed and the suggestions to protect the human health from pesticide hazards will be provided in this paper.910 views
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Socio-Economic Profile of Migrant Labourers in Haryana: A Case Study of Jhojhu Kalan Village in Charkhi Dadri District of Haryana
Assistant Professor at M.N.S.GC Bhiwani, Haryana, IndiaPages 3933 - 3938The present study aims at finding socio- economic profile of migrant labourers in Jhojhu Kalan village of district Charkhi Dadri in Haryana. From study it is found that majority of the migrant workers from Bihar and UP are not engaged as agricultural labourers in village. They are engaged in their own businesses such as shopkeepers and rehriwalas. Majority of the migrant labourers are not illiterate. They are improving their socio-economic status.632 views -
Corruption and Good Governance in India
Student at Symbiosis Law School, Pune, IndiaPages 3939 - 3948The UNESCAP's guidelines for good governance are universal, their application is limited by the context-specific cultural, value-based, and leadership concerns. Just implementing Western-style good governance may not work in the Indian context. The extent of corruption in India has grown to such worrisome proportions that the cornerstone of democratic administration has been seriously threatened. Good governance comprises the rule of law, effective state institutions, transparency, and accountability in the management of public affairs. A solid framework that is made up of laws, rules, and regulations that promote effective and responsive government and have mechanisms for democratic decision-making in place is necessary. This Research Article aims to emphasize on numerous implementation related aspects and future directions that will result in Good Governance driven philosophy.927 views -
Collegium System in India is a kind of system which can be seen in India and nowhere else in the entire world and it has been originated with some landmark Judgement in the past year. Earlier, it was seen that India used to have NJAC System to appoint the judges which has its drawback too because of which it got abolished and after a landmark judgement the collegium system was introduced which is also not considered as a fair system of appointment of judges and its creates a hegemony of the Supreme court Judges only. So in this research paper, we will be discussing upon the Drawbacks of collegium system and try to find out that what is the status of other countries when it comes to appointment of judges and which country reassembles to India and at last the discussion will be upon the Policy change which is required for the appointment of Judges in India and we will try to find out that what is the best alternative to solve the present existing problem of Collegium in India.810 views
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Sexual Abuse in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 3960 - 3968Sexual abuse or sex abuse is also referred to as molestation , is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. Molestation often refers to an instance of sexual assault against a small child, whereas sexual abuse is a term used for a persistent pattern of sexual assault. Due to sexual abuse some children and Adolescents face emotional disorder and psychological disorder from that they never overcome. This paper provided an outline of the sexual abuse in India, along with some significant rulings from the Supreme Court.693 views -
Big Data: A Boon or A Bane Mystery Revealed
Student at Law College Dehradun, Uttaranchal University, IndiaPages 3969 - 3980“ Digital- age", this is the denomination that we proffered to our genesis after closely analyzing our conditioning and positioning it through a variety of tests and scales like we did for stone age or bronze age and exactly like the two periods Internet is the biggest evolution of our times and through it we stay on digital platforms at most of our times which doesn’t charge us a rupee in the conventional sense but we don’t ascertain that nothing in this world is free and what they are charging us is our data which they sell to companies in humongous volumes often entitled as big data, which they put to use to dissect future market tendencies and a lot of other effects like segmenting the merchandise according to market requirements but, there's a downside to all this too I.e., our data which these companies' harness is just lying there without any concerns about the information that it could clench. In this study we're going to talk about some of the operations involved in this process while scrutinizing the benefits and contingencies of big data through various cases, explorations of the industry while suggesting some practices like the Personal Data Protection Bill which is absent even today under the environment of Indian law governance among other effects which we'd suggest in the realm of bigdata and cyberspace.833 views -
Pages 3981 - 3983This article explores the pervasive issue of violence against women in India, drawing upon data from the National Crime Records Bureau (NCRB) for 2022 and referencing published sources. The findings underscore the severity of the problem and emphasize the urgent need for collective action. Eradicating violence against women requires a multi-faceted approach encompassing legal reforms, social change, education, and awareness. The article concludes by emphasizing the importance of challenging regressive attitudes, dismantling patriarchal structures, and fostering a safe and inclusive environment to achieve gender equality and justice for all citizens of India.745 views