Issue Archive · Open Access
Volume VI – Issue III / 2023
Articles · 199
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Copyright Infringement in The Information and Communication Technology (ICT) Era
Senior Lecturer at The University of Yaounde II and Deputy Director at Institute for Governance Humanities and Social Science of the Pan African University, CameroonPages 01 - 16Information and communication technology promote intellectual property in literary and artistic works. This has made the owners of copyright to enjoy the economic and moral rights of their creation and to become popular. It is also in this context that intellectual property industries tend to expand and innovate. Nevertheless, the spread of communication technology, particularly through the digital space, has become a threat to the intellectual property industry. The expansion of information and communication technology enabled the violation and infringement of intellectual property rights. This article will help owners and holders of copyright to have some hint on the notion of copyright protection, copyright infringement in information and communication technology, and copyright infringement, the foundation of copyright infringement, infringement of literary and artistic works, and infringement of related neighbouring rights. This is because knowledge of the fundamentals of intellectual property can help, forestall, to a greater extent, copyright infringement through cyberspace. States and the International Community are also invited to regulate the domain by devising new strategies to protect copyright owners and holders against any infringement of their rights.1,324 views -
Grounds and Justification of Death Conformation or Cancellation by the Supreme Court of Bangladesh: A Critical Study
Research Associate at Alliance laws, BangladeshPages 17 - 49If a Session Court passes the death sentence against the accused(s), then the High Court needs to confirm it before it comes into effect. Thereby, it is necessary to submit the proceedings before the High Court, and only after confirmation from the High Court can the execution be brought into effect, and not before that. When the death reference case is before the honorable HCD, the HCD considers some factors and circumstances before confirming the death sentence or commuting the sentence. The main purpose of this research is to find out the facts and circumstances which the HCD has considered for confirming the death sentence or commuting it. From the study, I will also try to find out that in a good number of cases in which the plea was accepted, and in some cases, why such a plea should not succeed. And finally, I will try to give a solution to how our judiciary can overcome the situation.1,094 views -
Understanding the Impact of Open Prison System in India as a Part of Jail Reform
student at CMR University School of Legal Studies, IndiaPages 50 - 60The word prison itself portrays a negative image and prisoners are often seen offensive by people though some of them happen to commit crime because of some provoked sudden actions without having a strong motive but ‘open prison’ can change that opinion. According to Reformative theory, a criminal has to be provided a chance to change himself and start a fresh life where he can live his life as a new person. This guarantees fundamental constitutional rights, fundamental human dignity and a most importantly constitutional and human right. And, Open prison is built on the concept of trust and self-discipline. The Research Paper emphasizes the significance of open prison in India and its superiority over the conventional form of incarceration. This paper also provides a brief outlook on the history and origin of open prison. Following it, the paper explains the objectives of implementing an open prison system in India along with its advantages of adopting. This paper also explores the function of the current open prison system in India. On the other hand, it provides a detailed understanding of criticisms that are put forward and also challenges on implementing them. Analyzing every perception, this research paper gives suggestions on implementation of the open prison system in India.1,505 views -
Examining the Desirability of Sedition Laws in India vis-à-vis Era of Majoritarian Authoritarianism
Student at Savitribai Phule Pune University, IndiaPages 61 - 72In May 2022, the Supreme Court of India put section 124A of Indian Penal Code, 1860 in abeyance. While abeyance itself does not guarantee the omission of the section, it is still a step in the right direction. In this paper, the author examines the desirability of sedition laws in India, with primary focus on how the misuse of law becomes particularly threatening when there is rising majoritarian authoritarianism around the world. The author also explores the conundrum of how social identity affects the chances of getting booked for sedition. Lastly, author argues that in even if these tendencies and Section 124 A are not totally abandoned, the section could be limited instead with the help of American and European jurisprudence.1,097 views -
The Impact of Noise Pollution on Mental Health: Analyzing the Legal Frameworks for Recognizing Noise Pollution as a Public Health Issue and the Potential Legal Remedies for Addressing it
Student at Campus Law Centre, Faculty of Law, University of Delhi, IndiaPages 73 - 85The problem of noise pollution has emerged as a vital challenge in this modern era. Noise pollutions are unwanted sound waves that are not bearable to the ears. The public health of the modern generation has been affected adversely by noise pollution. India is one among them where noise pollution has reached an alarming stage; unfortunately, the awareness of the negative impact on mental health is neglected. Due to constant exposure to noise pollution, people develop several intricacies, such as hearing loss, anxiety, sleep disorder, depression, etc. It is critical because it not just affect the health of human but also reduces healthy thought and efficiency at work and hampers fundamental right ensured by the constitution of India under Article 21, Right to Life. There are several sources of noise pollution, for example, traffic, construction, commercial/industrial, etc. Further, there is noise pollution from loudspeakers getting more prominent in contemporary society, primarily in residential areas. There is no specific statute or Act that has been enacted to address it and recognize noise pollution as an issue of public health. However, it is regulated as ambient air quality standards in respect of noise pollution, several guidelines issued by the Supreme Court of India, and Noise Pollution (Regulation and Control) Rule.2000.1,150 views -
Education in general is the transmission of civilization yet, in Afghanistan, as a matter of fact, it is a safeguard weapon against the variety of adversities of life such as: gender inequality, suffering cultural obstacles, child marriage, inaccessibility to education, health, freedom… for girls. Unlike of the other parts of the world where science and technology are being rapidly developed; in Afghanistan, the government of Taliban has prevented girls beyond grade 6th to go to school which this has become a huge matter of controversy worldwide. A qualitative approach was selected for this research, open-ended questions were formulated and administered through a purposive sampling method to find out the concerns and contributions of Afghan Leading Women entitled the representatives of girls beyond grad 6th, who are impatiently waiting for continuation of their education. Twenty Afghan leading women are involved in the present research that have shared their perspectives via email, skype, WhatsApp and face to face. Education is the second name of life. Therefore, it is the core responsibility of every individual of the world to stand for. Specially the Afghan Leading Women, as they have achieved this fame representing Afghan girls’ and women’s difficulties, deprivations as well as the capabilities. The mentioned women, beside other small or large groups of people are struggling being voice of the girls who are banned from going to schools throughout: protests on the streets in front of the United Nations, Human Rights, European Union, white house and other influential organizations, conducting dialogues, discussions, meetings with the International influential communities wherever they are so that, they make the Taliban let girls continue their education. The nation of Afghanistan with the help of worldwide influential, especially the organizations that responsibly work in the field of education are obliged to force the politics players to separate the system of education from political games.1,252 views
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An Analysis on Social Contract Theory
Student at IILM University, Gurugram, IndiaPages 95 - 99The social contract hypothesis is the main topic of this paper. It goes into great length about the arguments advanced by Thomas Hobbes, John Locke, and Jean Jacques Rousseau, who saw the social contract as a tool to contrast the behaviour of individuals in society with their 'natural' state. It examines the state of nature that each theorist has portrayed as well as the divergent viewpoints that each theorist has. This paper also looks at the objections raised against Hobbes, Locke, and Rousseau's respective social contract ideas.3,047 views -
The Police System
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 100 - 114The police system in India is a complex and multifaceted organization, responsible for maintaining law and order, preventing crime, and protecting citizens across the country. The Indian police system is primarily governed by the Police Act of 1861, which provides the legal framework for the functioning of the police force. The Indian police system is structured hierarchically, with state police forces operating under the direction of the central government. Each state has its own police force, which is headed by a Director General of Police. The police system also includes specialized units, such as the Central Reserve Police Force and the Rapid Action Force, which are tasked with maintaining internal security and counter-terrorism operations. Despite the efforts of the Indian government to modernize and reform the police system, there are numerous challenges that the police force faces. These include a lack of adequate resources, training, and equipment, as well as corruption and political interference. There have also been concerns raised about the use of excessive force and the treatment of detainees, particularly in cases involving marginalized and minority communities. To address these issues, various measures have been proposed, including the implementation of better training and recruitment standards, the establishment of independent oversight bodies, and the use of technology to improve policing operations. There have also been calls for greater community policing and engagement, as well as efforts to build trust between the police force and the communities they serve. Overall, the Indian police system is a crucial component of the country's law and order infrastructure. However, there are significant challenges that need to be addressed to ensure that the police force operates effectively, efficiently, and in a manner that respects the rights and dignity of all citizens.3,009 views -
Sewing their Way to a Sustainable Menstruation: From Plastic to Cloth Sanitary Pad
Student at Symbiosis Law School, Pune Student, IndiaPages 115 - 127This research paper dwells into the detrimental footprint of plastic specific to the plastic sanitary pads on the environment, assessing the precedence of cloth sanitary pads over regular plastic sanitary pads, citing the substandard plastic waste disposal system, the significant feminist discourse of lack of awareness about menstrual health and alternate sustainable menstrual products with a lens of ecofeminism, highlighting the stigmatization and taboo surrounding menstrual conversations. Conducting primary qualitative research with 30 women from the age group of 16-45, belonging to different economic strata of the society through personal interviews to analyse and determine factual and substantial awareness of women in relation to broad themes determined for the research. The primary research though at a small scale facilitated in concluding the ground realities of sustainability and the absence of awareness and resources to ascertain considerable action through a framework approach and cross analysis to draw a considerable conclusion. Compiling two literature reviews of eminent research papers and drawing qualitative presumptions, using primary and secondary research methods such as empirical analysis and government publications to discern effectively and scrutinize and cite multiple statistical data. Interpretation of judgments related to various environmental principles, constitutional provisions, amendments, acts, and rules, reviewing international conferences and policies as a comparison to India, understanding India’s current policy and schemes regarding minimization of plastic. Devising or suggesting correlated and effectual suggestions such as efficient plastic disposable mechanisms with the use of advanced technology such as incinerators that can be further implemented in form of strategies or government policy interventions.1,139 views -
Pages 128 - 145The manufacturing industry is one of the pillars of the national economy. This sector is a part that is fostered and regulated by the Ministry of Industry. The government as a policy maker makes a roadmap for national industrial development. On the other hand, business actors struggle for the continuity of the company's business that can operate in a long run. The sustainability of the production process in the manufacturing industry is highly dependent on the company's business model and production system. Scarcity of supply and efficiency are the 2 (two) main things that support it. Vertical integration is one of the business strategy models that can be implemented by Business Actor. Whatever the strategy is chosen, at the end it aims to get maximum profit for the company. Competition law in Indonesia regulates vertical integration, both upstream and downstream level, and this will be closely related to the choice of business model strategy for business actors. Competitive goods are the target of manufacturing companies to get a good market share as a sign of acceptance of these products in the market. Pro and anti-competitive impacts become the straight line that limits vertical integration for the manufacturing industry. This paper will describe the entire package related to business actors in the manufacturing industry and their suppliers, especially at the upstream stage. Because between backward vertical integration and industrial reality cannot be separated. This research was also conducted on the implementation of vertical integration in the manufacturing industry, the motivation, and the methods used and to see whether the vertical integration is included in the category of vertical integration that is prohibited or allowed under the provisions of the Business Competition Law.1,255 views
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Cyber-Crime and Their Impacts
Assistant Professor at Jharkhand Rai University, Ranchi, IndiaPages 146 - 160There is a need for an understanding of cybercrimes and their impact on society, along with their future trends, in the current manuscript. It is the goal of the present manuscript to provide an understanding of cybercrimes and their impact on society, along with their future trends in the coming years. I would like to provide a brief overview of cybercrimes and the impact they have on society as well as their future direction in this manuscript. In the present manuscript, we present a concise overview of the state of cybercrime, along with an understanding of its impact on society and its future prospects. As part of the current manuscript, we provide an understanding of cybercrimes and their impact on society, as well as how they will unfold in the future. A description of cybercrimes and their impact on society, together with their future trends, is provided in the current manuscript. This paper provides a comprehensive understanding of cybercrime and its impact on society, as well as their future trends, through the presentation of the existing manuscript. I am currently working on a manuscript that is focusing on cybercrimes and their impact on society, as well as their future trends. It provides an insight into the following: cybercrimes and how they affect society as well as their potential future trends, as well as the impact they have on society as a whole. Despite the fact that cybercrimes have been a ubiquitous part of society for a long time, it is challenging to understand their impact on society, as well as their likely future trends.1,192 views -
Legal Implications of COVID-19 as a Force Majeure Event or Frustration of Contract
Student at Christ University, Delhi NCR, IndiaPages 161 - 165The COVID-19 pandemic has disrupted countless contractual arrangements worldwide, raising questions about its legal implications. Two key legal doctrines that have been invoked in response to the pandemic are force majeure and frustration of contract. Force majeure refers to a clause in a contract that excuses performance in the event of unforeseen and uncontrollable circumstances, while frustration of contract is a common law doctrine that applies when unforeseen events make contractual performance impossible or radically different from what was originally contemplated. In this abstract, we will explore whether COVID-19 can be considered a force majeure event or a frustrating event, with a focus on the legal implications in contractual relationships. The argument for COVID-19 being a force majeure event rests on the premise that the pandemic is an unforeseen and uncontrollable event that renders contractual performance impossible or impracticable. Many force majeure clauses specifically list epidemics, pandemics, or acts of God as triggering events, and parties may seek to rely on these clauses to excuse non-performance or delay of contractual obligations due to the impacts of the pandemic. However, whether COVID-19 constitutes a force majeure event depends on the specific language and interpretation of the force majeure clause in each contract, as well as the applicable law and jurisdiction.On the other hand, frustration of contract may also be invoked in situations where COVID-19 has made performance of a contract impossible or radically different from what was originally contemplated. Frustration of contract does not require a force majeure clause to be present in the contract, as it is a common law doctrine that may apply even in the absence of an express clause. However, frustration of contract is generally applied narrowly and is difficult to establish, as the bar for proving frustration is high. In conclusion, whether COVID-19 constitutes a force majeure event or results in frustration of contract will depend on the specific facts and circumstances of each case, including the language of the contract, the applicable law and jurisdiction, and the impact of the pandemic on contractual performance. Legal advice should be sought to properly assess the implications of COVID-19 on contractual relationships and determine the available legal remedies.1,008 views -
Short-Selling: Tackling Regulations and Ethics in the Modern Capital Market
Student at Kalinga Institute of Industrial Technology, School of Law, Bhubaneswar, IndiaPages 166 - 181Short selling is a trading strategy that has recently gained attention among investors. This article aims to examine the viability, risks, and benefits of short selling for regular everyday investors in India. It also discusses the ethical and legal implications of short selling and explores the future of the strategy in India. The article starts with an overview of short selling and its mechanism, followed by a discussion of the risks and benefits involved. It then delves into the laws and regulations governing short selling in India and examine how these laws compare to other nations. The article examines the complex and strict regulations that make short selling an intraday trading strategy in India. The article contains a plethora of illustrations to explain how short selling takes place in India and how the stock market and Securities and Exchange Board of India (SEBI) have designed a framework for it in 2017. The article then goes over the important ethical and legal aspects of short selling in India and worldwide. The two ethical and legal challenges of short selling - price manipulation and insider trading - are discussed in depth. The article then cites recent events surrounding short selling, which are both controversial and relevant, to understand how short selling as a strategy is developing and evolving in the modern capital market. These events provide short-seller investors with lessons on how to pursue short selling and to stay away from ethical issues. It also discusses how short selling, a rather controversial strategy, can be used to bring stability and more transparency to the capital market. Lastly, the article explores the possible future of short selling in India and around the world - whether it will become a more popular and successful strategy or end up covered with controversy and ethical issues.1,240 views -
Significance of Forensic Toxicology in the Indian Criminal System
Student at CMR University, IndiaPages 182 - 190Toxicology is said to be the study of drugs and chemicals in any biological substance. In other words, toxicology can be said as a branch that is the study of poisons. On the other hand, forensic toxicology uses the toxicology along with other studies including pharmacology, clinical chemistry. Its use is focused on cases that have medico-legal consequences and their results are admissible in court of law. The paper will be concentrating on analyzing the significance of the forensic toxicology usage in the field of crime investigation along with explaining with its application and by adding several cases of forensic toxicology. The paper will also include the laws that govern forensic toxicology in India.1,139 views -
Impact of Corporate Crime on Developing Capital Market
Student at Amity Law School Rajasthan, IndiaPages 191 - 199Corporate crimes are commonly referred to as white-collar crimes. White-collar crimes are those conducted by someone who has an influential position within the community and a well-recognized brand. Additionally, they are independent of ordinary crimes and arise out of unethical commercial practices basically for monetary advantages. Thus, corporate crimes are offences committed either by businessmen, companies, the industry, or firms or by people whose actions may be connected to a business or other business aspect. Thus, the Indian government has taken multiple actions against this kind of fraud in India. Moreover, the Companies Act empowers the Government of India with several kinds of measures for fighting a scam. The entire nation's economy suffers greatly as a result of this because the monetary value of losing revenue is much more than the total cost of every crime committed . The entire country suffers from a serious crisis, with fraud and bribery playing a large role. The legal system in India has not been complete enough for dealing with these problems. Furthermore, one of the variables responsible for the increase in corporate crimes is the lengthy process of judgement by courts. Since they violate the trust that has been placed in them, the criminal's renowned status actually enhances the chance for these kinds of crimes. Because of structural shortcomings which gave rise to corporate crimes after growth and development, financial markets suffered. This report will emphasise the impact of corporate fraud on the economy of the company as well as on the capital market of developing countries.1,080 views -
The Genesis of Securitisation in India: Conceptual and Regulatory Framework and Issues
Research Scholar at Amity University Chhattisgarh and Assistant Professor at HNLU, Raipur, IndiaPages 200 - 211The securitization market in India has grown exponentially over the past few decades, yet there remains a lack of understanding and awareness about its origins, conceptual and regulatory framework, and associated issues. This research paper aims to provide a comprehensive overview of the genesis of securitization in India, examining its historical development, theoretical underpinnings, and the regulatory framework governing the market. The paper begins by providing an overview of the concept of securitization and its evolution globally, before delving into the specific context of India. It explores the role of securitization in the Indian financial system and analyzes its impact on the economy. The paper then examines the regulatory framework that governs securitization in India, highlighting the key legislation and regulations that have shaped the market. Additionally, the paper examines the challenges and issues associated with securitization in India, including the lack of transparency in the market, the impact of regulatory changes on the market, and the potential risks associated with securitization. The research paper concludes by proposing recommendations for future development and growth of the securitization market in India, highlighting the need for greater transparency and regulatory oversight to ensure the market remains sustainable and beneficial for all stakeholders.1,343 views -
Recidivism in India: An Analytical Study
Student at CMR University, IndiaPages 212 - 221The purpose of punishment in India is to reform an offender and reintegrate him back into the society. But due to certain factors this process of reformation fails and further leads to recidivism. A recidivist is a person who relapses into crime again and again. There has been an increase in the recidivism rates around the world. In this research paper, the factors resulting in recidivism have been discussed, the legal provisions relating to the same in India have been mentioned along with few case laws and also the author has mentioned two extreme opposite criminal justice systems , one following retributive theory of punishment i.e. Saudi Arabia and the other, rehabilitative i.e. Norway. The impact of such systems on the crime rates and recidivism in their countries have been analyzed and finally the position of India with respect to the same has been analyzed along with some suggestions.1,889 views -
Non-Alignment Movement: A Viable Option, its Relevance in Current Geopolitical Situation
Student at Amity Law School Noida, Amity University Uttar Pradesh, IndiaPages 222 - 226Non -Alignment movement or NAM is an organization which was formed during the cold war era. Cold war was a war which was not hot in nature or a direct war, it was rather an indirect war between the two emerging superpowers of that era that is North Atlantic Treaty Organization or NATO led by United States of America and Warsaw Pact led by the Soviet Union. However, NAM was a movement which emerged in 1955 during discussions that originated in the Bandung Conference held in Indonesia. Non-Alignment Movement was joined by countries that were not keen on joining either of the blocs and rather tried to maintain a neutral stand on joining either of the blocs. Initially NAM was founded and developed under the leadership of Josip Broz Tito of Yugoslavia, Gamal Abdel Nasser of Egypt, Jawaharlal Nehru of India, Kwame Nkrumah of Ghana and Sukarno of Indonesia. Jawaharlal Nehru was considered one of the main architects of Non- Alignment Movement, at present, the movement has 120 Member states, 17 Observer Countries and 10 observer organizations. Now if we talk about NAM in the current geopolitical situation in reference to India it is quite a different scenario as compared to that of the cold war era. India being one of the fastest growing nations itself has time and often preserved its national interest by taking initiatives that protect and favor India as a nation.1,230 views -
The Revolt of 1856
Student at IILM University, IndiaPages 227 - 233The Revolt, Indian Mutiny, or First War of Independence was a major uprising against British authority in 1857. Despite its failure, the 1857 rebellion was widely supported. The British East India Company acted as an independent government in India for the British throne. The Revolt of 1857 was a stepping stone towards the initial explosion of anger and rage stemming from the widespread resentment against the British. The Revolt of 1857 is a significant historical event and a crucial period of history. The rebellion began on May 10, 1857, when sepoys of the Company's army launched a mutiny at the garrison town of Meerut. Considered to be the first instance of organised opposition to the British East India Company was the Revolt of 1857. The majority of the Indian public backed the insurrection, despite the fact that it was initially a sepoy rebellion. Peasants, craftsmen, and followers of different cultures and religions all participated in the rebellion. The soldiers of the East India Company dedicated their life for the good of others. Everyone got together in this rebellion and fought as one. The revolt brought major Chages in the company and over all rule of the Englishmen in the country. The system and administration of the Englishmen was changed. Some also like to say that the revolt marked the end of the British rule over the country. In this paper the author has talked about the background, reasons, results of the revolt and the role it played for the independence of the country. The method of research is doctrinal.2,178 views -
A Case Analysis: Morelli v. Fitch and Gibbons
Student at IILM University, Gurugram, IndiaPages 234 - 238Buyer seller relationship is one of a kind. No one can dispute the significance of buyer-seller relationships or how they affect your chances of success. A bad working connection with your business partners might result in misunderstandings, obstacles, process delays, and higher costs. It is obvious that you need to invest in your business relationships, but where do you begin? We've included three easy areas you may concentrate on to build more durable and worthwhile relationships with your buyers and sellers below. The cornerstones to success in buyer and seller interactions are communication and trust. One runs the risk of exposing supply chains to possible issues if one doesn't have a strong base to build on. Hence, an environment where communication is open and honest should be created. The case, Morelli V Fitch and Gibbons , is an interesting explanation of various aspects of implied conditions and warranties. It also somehow provides a clear distinction between the duties and care to be taken by the buyer at the time of buying a product as well as the duties and due care taken by the seller to put the product in a deliverable state for the buyer and give it to the buyer the way which was decided by description. It also talks about merchantable quality of a product as the responsibility of the seller, not fulfilling of which can lead to filing of a suit against the seller. The Sale Of Goods Act 1930, includes provisions for implied conditions and guarantees to safeguard purchasers from seller fraud. However, since a seller cannot be held accountable for a customer's poor decision, it is the seller's responsibility to first check for obvious flaws and inquire about the product's quality before entering into a contract of sale of goods. Therefore, for the buyer, it is essential that he provides a reasonable description of the items, wanted in order to ensure that the seller purchases an appropriate good. In the case at hand, the seller was held liable for not delivering good of a merchantable quality, which is treated as an implied condition and is not defined specifically in the act.1,846 views -
Impact of Government of India Act, 1935 on The Indian Federal Structure
Student at Vivekananda Institute of Professional Studies, IndiaPages 239 - 246The Government of India Act, 1935, is regarded as one of the most important acts in the series of acts passed before the Independence of India, by the British Government. The need for the act was felt after the failure of the Government of India Act, 1919. The Government of India Act, 1935, compiled with the recommendations from the report of the Simon Commission as well as those of the round table conference held in 1933. The Government of India Act, 1935, had introduced drastic changes to the administrative structure of the India including both positive and negative changes. However, it failed to comply with the promises made and therefore could not deliver majority of the promised changes. Certain changes made by the act had a lasting and positive impact while some failed miserably which led to the criticism of the act among the Indians and eventually resulted in the failure of the Government of India Act, 1935. This article also throws light on how the Government of India Act, 1935, impacted and simultaneously laid the foundation for the Constitution of India , to be drafted and enacted accordingly.2,667 views -
Judicial Review Cases in India
Student at B.S Anangpuria Educational Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 247 - 254This legal research paper explores the concept of judicial review in India, with a focus on analysing recent case law. Judicial review is a constitutional doctrine that enables the judiciary to review the actions of the executive and legislative branches of government to ensure that they are consistent with the constitution. The paper begins by providing an overview of the constitutional provisions governing judicial review in India, followed by an analysis of key judicial review cases decided by the Indian courts in recent years. The cases are discussed in terms of the legal principles established by the courts and the impact they have had on the balance of power between the judiciary, executive and legislative branches. Finally, the paper concludes by highlighting the challenges and opportunities for further development of judicial review jurisprudence in India.1,267 views -
The Contempt of Courts Act, 1971
LL.M. Student at Symbiosis Law School, Pune, IndiaPages 255 - 265The ability to think about and critique the injustice requires information. Yet sometimes individual’s reasoning talents may lead a country down the path to collapse since they cause people to doubt the much-praised and very effective process by which the country operates. If the judicial system ever becomes corrupt or disorganised, it might be fatal to the entire nation. Thus, the notion of a "Contempt of Courts Act" is necessary to maintain order, efficiency, and productivity and to silence unwarranted critics. Thankfully, the concept of contempt of court is still widely used and effective in India's judicial system. It's true that things are better here at home because everybody knows that the judiciary will help the needy even if “the executive and legislative branches of government fail to do so”.1,015 views -
Intellectual property (IP) has been defined as ideas, inventions, and creative directions for which the public wishes to provide property. Intellectual property gives the creator or creator of that property certain exclusive rights, enabling them to profit commercially from their creativity or reputation. Intellectual property protection, patents, copyrights, trademarks, etc. includes. A patent is the recognition of an invention that is new, non-obvious, and satisfies its commercial application in the world. Intellectual property is a prerequisite for better identification, planning, marketing, presentation and therefore the protection of production or creativity. Every business has its own intellectual property rights, management methods, strategies, etc. should develop according to his own work. The pharmaceutical industry now has a shifting IP strategy that needs clarification and improvement in the future.753 views
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Pages 279 - 288Global temperatures have increased by about 1.1°C (2°F) over pre-industrial levels, and this development is anticipated to grow in the ensuing decades. In the last decade of the century, the IPCC predicts that global temperatures may have risen by up to 3-5°C (5.4-9°F), which would have a considerable impact on weather patterns, sea levels, floods, food security, and human health. Millions of people might be forced to relocate due to rising sea levels, especially those residing in low-lying coastal regions and tiny island nations. The argument over whether the terms "climate refugee" or "environment refugee" accurately depict those who flee their homes because of climate-related problems or natural catastrophes. The international community has to be ready for communities and civilizations being uprooted owing to climate change.797 views
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Corporate Governance in Indian Insurance Companies
Student at Alliance University, IndiaPages 289 - 305The initiative of Liberalization, Privatisation and Globalization (“LPG”) policy by the then government of P.V. Narasimha Rao in 1991 has widened the scope of corporate governance mechanism in India. In a short span of time, after the introduction of the LPG policy, the Indian economy faced several corporate scams, (the Satyam Computer Scam, Sahara Scam, Harshad Mehta Scam, ILFS Scam etc) and to deal with such issues, the government has taken pivotal steps with help of Statutory Framework of Corporate Governance mechanism. The paper aims to deal with the legislative steps taken by the government to improvision the corporate governance system in India’s Insurance Companies. The paper analysis the execution effect of the legislative framework introduced by the government for a strong corporate governance mechanism: i. Insurance Regulatory and Development Authority of India Act, 1999. ii. Insurance Regulatory and Development Authority of India (“IRDAI”). iii. Comprehensive Guideline on Corporate Governance issued in 2016 by IRDAI. iv. Brief Discussion on the Insurance Act, 1938. The paper aims to analyse the execution of the corporate governance statutory framework introduced for insurance companies, how they helped in enhancing corporate governance, to what extent able to deal with the problems of scams and what corporate compliance is required under these statutory frameworks. The paper first outline the meaning and the scope of corporate governance, and what it means. The paper further deals with the imposition of penalties, liabilities arising, or any punishment if prescribed under the Act in the event of non-compliance with the statutory requirements. The paper covers all or every incidental and allied topic to justify the title of the paper i.e., “Corporate Governance and Insurance Companies”.1,005 views -
Net Neutrality in Correspondence to IPR in India
LLM Student at Galgotias University, IndiaPages 306 - 316Net neutrality is the idea of an open, equal internet for everybody, regardless of device, application or platform used and content consumed. Defenders of the idea accept all corporations, including internet service providers (ISPs), ought to treat internet data and users equally. They shouldn't limit access, dial back access speeds or block content for certain users to serve their own advantages. ISPs should also not make special arrangements with any companies to give them further developed network speeds or access. Columbia Law School professor Tim Wu begat the term net neutrality in his June 2002 paper, "A Proposal for Network Neutrality. His proposal for net neutrality attempted to balance the contending interests by "forbidding broadband operators, absent an appearance of harm, from limiting what users do with their internet association, while giving the operator opportunity to manage bandwidth utilization and different matters of local concern. Net neutrality supporters accept that the internet ought to remain free, open and nondiscriminatory and that this is essential for a democratic exchange of ideas and information, ethical strategic policies, fair rivalry and continuous innovation. Net neutrality rivals, including many ISPs, maintain that government legislation of the internet is an unnecessary barrier to innovation and monetary development. The Paper seeks to emphasis upon the concept of Net Neutrality and its applicability in our Country India. In this Paper the author has briefly tried to explain why was net neutrality in news again and what are the related policies and controversies associated with it. The author has also highlighted the issues and challenges associated with it has brought in sight the steps taken by the government in regulation of it.785 views -
Issues and Challenges of Corporate Governance in India
LL.M. Student at Galgotias University, IndiaPages 317 - 327Corporate governance is the components, cycles, and relations by which partnerships are controlled and coordinated. It specifies the designs and standards which distinguish the conveyance of freedoms as well as limitations among various members in the enterprise. Since corporate governance gives the structure to accomplishing an organization's goals, it incorporates essentially every circle of the executives, from activity plans and inside controls to execution estimation and corporate disclosure. Although Our Country has been a consistent performer in possessing good corporate governance but still in realm it faces barrier by the several issues and challenges that act as a hurdle in effective governance of the corporates in the nation. Therefore, in the light to this concern the author has written this paper to demonstrate some of the major challenges and issues faced in maintain and balancing the Corporate Governance. The paper briefly deals with the concept and importance of the corporate governance with India’s viewpoint and also the author has tried to highlight the major cause and concerns that highly results as a hurdle in implementing the principles of the corporate governance. Also, in this paper the author has tried to discuss the regulatory frameworks that bring the corporate governance standards into line with escaping the challenges of it. The canvas of Corporate Governance is very large. However, there are some important issues that should not be lost sight and it is with the same objective the author has formulated this paper in brief.991 views -
The Impact of The New 2020 Education Policy on Higher Education
Student at Christ deemed to be University, Delhi NCR, IndiaPages 328 - 338With all the negative things going on in the world today as a result of the issues brought on by the Covid-19 epidemic, the Government of India's New Education Policy (NEP 2020) has been warmly received as a change and a new news. Many people weren't expecting the NEP 2020 announcement. Many academic specialists had never anticipated many of the modifications which were included in the NEP 2020 proposal. The use of technology in education is also emphasised by the policy, with a focus on creating digital infrastructure, such as online learning environments and digital libraries. By investing in research infrastructure, encouraging collaborations between academics and industry, and giving the funding for research projects, this policy seeks to establish an environment that fosters research and innovation. This policy strives to widen educational access and provide students more freedom over when and how they learn. By fostering a more flexible and multidisciplinary approach, improving the use of technology, and encouraging research and innovation, the new 2020 education policy has the potential to transform higher education. However, its success will depend on efficient execution and cooperation between stakeholders, including legislators, educators, and students. Even though school and college education have both been impacted by the education policy, this article concentrates on NEP 2020 and its effects on higher education. This paper examines the NEP's main features as well as their impact on the current educational system. What is the National Education Policy 2020's stance on online/digital education? What initiatives does it recommend for ensuring equitable use of technology in education? Is it an efficient way in the current society of India?5,524 views -
In this article we will do an analytical study of some important incidents of contemporary time in India. The Treaty of General Permanent Defensive Alliance between the British Government (the English East India Company and His Excellency the Nawab Nizam ul Mulk Asaf Jahan Bahadur), the Subedar of the Deccan, his children, heirs, and successors settled at his court by James Kirk Patrick Resident. Lord Wellesley was a vast officer. He started a defensive and Subsidiary Alliance; in this Alliance, he made a partition of the state and friendship with the state. Lord Hastings extended himself to smaller chiefs of Bundelkhand, Central India, and Gujarat. The subsequent Treaty of Sagauli played an important role in the British establishment over India and was signed in 1816. This established the supremacy of the British frontier in India. The success of the British in the different wars brought the whole country ruled by the princess under the control of the British government. In 1824 the 47th native infantry reached Barrack Pore mutinied. They refused to surrender their arms, and they left the parade ground. Mutiny was suppressed by the English officers, and they exploited the soldiers. The war with the Gorkhas of Nepal, who were known as superior-quality warriors, played an important part in the expansion of British rule in India.1,030 views
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Key Issues Within the Criminal Justice Profession Which Pertain to White Collar Crimes
LL.M. Student at Amity University, Rajasthan, IndiaPages 349 - 358When people were living in an uncivilized society there were no cases of criminal justice and the sole solution to every crime could be identified by the phrase "An eye for another eye" or "A life against another life". However, in today's growing crime era, Indian Penal Code (IPC), 1860, deals with matters related to white-collar crime. IPC seems to be the oldest and initial framework whereby provisions related to white-collar crimes were prescribed. IPC governs the provisions related to white-collar crimes and strict punishment and punitive actions are provided therein (Gorasiya and Chudasama, 2021). As society as a whole is developing and growing, the number of crimes is also increasing on a rapid scale. Since the introduction of technological advancement and science revolution, the idea of white-collar crime has gained popularity amongst criminals or individuals intending to do the crime. Such crimes are committed by reputed and known people during the course of their profession or occupation and such people hold a respectable and high-class social status in the community. Though there exist numerous categories of white-collar crime, the most common ones which will be discussed in detail in the given report are frauds involving banks, counterfeiting-related issues, bribery, and most commonly Information Technology (IT) based cybercrime. The term white collar crime derives from a generalized saying that states that corporate professionals and business executives carry formal suits with white shirts accompanied by ties. The initial complete and defined criminal statutes in the country include the Indian Penal Code (IPC). It additionally addresses a number of white-collar violations, and penalties can be imposed for money laundering, dishonesty, forging paperwork, stealing money and administration tags, violating weights and evaluate laws, adulterating medicines and food, stealing from the general population, unlawful violation of confidence, and misappropriating assets belonging to the public. Additionally, it psychologically isolates such offenses as well as their perpetrators from other kinds of wrongdoing, which are allegedly more probable to have been perpetrated by "blue collar" employees.966 views -
Pink Collar Crime: An Analysis of Women’s Involvement in White-Collar Offenses
LL.M. Student at Amity University, Rajasthan, IndiaPages 359 - 368This legal study article investigates the phenomenon of "pink collar crime," which refers to women's involvement in white-collar criminal activities. Despite popular belief that white-collar crime is primarily committed by males, it is seen that, albeit to a lesser extent, women are also involved in these offences. The article examines existing literature on the subject, including the types of white-collar crimes in which women are engaged, as well as the reasons for their participation. The article also looks at the societal and legal responses to pink collar crime. It emphasizes the importance of a gender-informed approach to addressing pink collar crime that takes into account the unique challenges and circumstances that women experience. The article ends with potential solutions for preventing and combating pink collar crime, such as improving women's access to education and job opportunities, as well as adopting gender-responsive policies in the criminal justice system. Overall, the purpose of this article is to add to the growing body of study on pink collar crime and to inform future efforts to address this critical problem.1,476 views -
Contemporary System of Education in India and its Discourse
Student at VELS Institute of Science, Technology and Advance Studies (VISTAS), Chennai, Tamil Nadu, IndiaPages 369 - 376Education is an empowerment. Education includes acquiring knowledge and skill which acts as a tool not only for personal development but also for the development of the nation. For a developing country like India, the quality of education plays a vital role for moral, economic and political development. For the progress of country, the education should be job-centred, value- based and mass oriented. But in contrary to that the present- day education system is mark oriented and the quality of education depends on ‘money’ and ‘politics’. Even after recognising education as a fundamental right (86th Amendment Act, 2002 inserted Article 21 A that includes provision of free and compulsory education for the children of age 6-14 years) how many children get access of this basic right? Still India is having 25% of illiteracy in the world and considered as one of the largest illiterate countries in the world. Studies shows that if this continuous India will attain universal literacy rate only by 2060. So, this research tries to find out the problems in the education system and ways to improve the drooping level of education in our country. The methodology to be employed for this research article are the study of data from major world journals and also data collected from stake holders in the issue. Data interpretation and analysis of such collected data may highlight the real lag in the development of our people.1,115 views -
The Legal Status and Participation of Transgender Individuals in United Nations: An Analysis of Human Rights Laws and Protection
Student at Asian Law College, Noida, IndiaPages 377 - 384The United Nations has made great progress in promoting gender equality and inclusion, yet there remains a notable absence of transgender individuals in the United Nations General Assembly (UNGA) and other decision-making bodies. The purpose of this Research paper is to investigate and explore legal status of Transgender individuals at the United Nation, as well as the reasons for their absence from critical decision-making processes. Through a literature review and analysis of available data and already knowing most of the barriers, this paper highlights the possible effects of this exclusion on the effectiveness of global governance and the well-being of transgender individuals. According to the findings, the absence of transgender representation at the UN is due to a complex set of causes such as legal barriers, social stigma, and a lack of political will. The paper finishes and conclude by arguing for the inclusion of transgender individuals in decision-making processes and provides advice on how to do so.794 views -
The Chief Election Commissioner of India Vs. M.R Vijayabhaskar & Ors. [Civil Appeal No. 1767 of 2021]
Student at National Law University Odisha, IndiaPages 385 - 391The paper discussed one of the landmark cases namely, the chief election commissioner of India vs. Mr. Vijayabhaskar & ors. which is particularly based on the validity of recording of oral statements in a legal-proceedings and the right by the media. During the proceedings, another issue emerged after the tarnishing statements made by the high court against the election commission of India which referred to the extent of judicial restraint that has to be exercised in different cases. The original case begins from filing of a petition by an AIADMK candidate to look into the covid 19 protocols and their implementation by ECI. After no such response by ECI and failure to abide by the rules, the same candidate filed another petition under Article 226 in High court. The issue at hand there was the irresponsible and careless handling of crowds during elections by the election commission of India. The major two issues as discussed above emerged during the process of proceedings. Eventually, against those destructive statements made by the concerned hight court, the ECI filed a special leave petition in the supreme court where it argued that the courts cannot tarnish the image of ECI in front of the public, it being an independent constitutional body. They also argued that recording of oral proceedings is invalid as they amount not more than just the judicial opinions by the judges shaping people’s perceptions unnecessarily. The respondents including the HC of madras and AIADMK leader on the other hand argued on the lines of the right to freedom and speech of media houses in recording oral statements and importance of transparency of proceedings to the public when the shown content is based on the public interest. The various rationale, which is further discussed in the paper was quoted by the hon’ble supreme court of India included importance of judicial restraint to some extent along with upholding of oral statements being shown as they are not a part of core judgement or something that would affect public’s perception towards the case at hand. Finally, defects in law were identified by the court by presenting several precedents as discussed to further establish a precedent for the future cases to come. The paper is finalised with the author’s brief inference on the judgement delivered and the rationale given by the apex court.1,421 views -
A Study of Capital Punishment in India
Student at Amity University, Jharkhand, IndiaPages 392 - 406In the world we live in today, crime rates are steadily rising. There have been more homicides, kidnappings, rapes, terrorist attacks, and incidents involving child abuse. Because the Nirbhaya Rape Case belonged to the category of the rarest of the rare crimes in India, the court imposed the death penalty for the most severe or heinous crimes, capital punishment. Executions for these offences typically include hanging. However, it's crucial to note that it's a rather rare phenomena in India. Both the Indian Penal Code and the Code of Criminal Procedure address the death punishment. Since its inception, the death penalty has been used in India, albeit less frequently currently. Execution, sometimes known as capital punishment, is "the state's sanctioned death penalty for certain crimes," according to one definition. The arguments in favor and against have not substantially altered over time. The type of crime and the method of punishment are related to the culture and civilisation from which they originate. The methods of capital punishment have undergone tremendous humanization as civilization has advanced. However, there hasn't been much discussion in India about the method used to carry out death sentences. This paper explains the modes of capital punishment in India and talks about the rarest of the rare cases. The main focus of this paper is on capital punishment-related substantive and procedural laws. It is also suggested to talk about the executive's ability to commute a death sentence to life in prison, as permitted by the Indian Constitution.1,046 views -
Structure of Education as per New Education Policy 2020
Student at Shrimant Madhavrao Scindia Govt. Model Science College, Shivpuri, Madhya Pradesh, IndiaPages 407 - 412In order to make their education systems effective, different nations use a variety of stages throughout their life cycle at the school and college levels, taking tradition and culture into consideration. India's new educational system is envisioned in the National Education Policy 2020 (NEP 2020), which was approved by the Union Cabinet on July 29, 2020. The previous National Policy on Education, 1986, has been superseded by the new policy. The policy provides a comprehensive framework for vocational training, elementary through higher education, in both rural and urban India. By 2021, the policy intends to transform India's educational system. The government made it clear shortly after the policy was made public that no one would be required to learn any particular language and that English would continue to be used as the medium of instruction. The language strategy in NEP is a wide rule and warning in nature; and the implementation is up to the states, institutions, and schools. India's education is on the Concurrent List. Himachal Pradesh has turned into the main state to carry out New Instruction Strategy 2020. By 2022, all Indian schools should be adhering to the national education policy. Education contributes to social and economic progress, a country's school and college policies must be well-defined and futuristic. The National Education Policy 2020 (NEP 2020) has been reworked to create a new educational system and improve social and economic indicators. It provides high-quality higher education through multidisciplinary universities and autonomous colleges. This paper provides a critical analysis of the policy and suggests modifications to ensure a smooth transition from its predecessor. It also describes university-level management practices and requirements for NEP 2020 provisions analysis. National and Higher Education Institution (HEI) NEP design and implementation recommendations are provided.1,141 views -
The King of Torts
Student at Symbiosis Law School, Hyderabad, IndiaPages 413 - 420“Much wants more and loses it all”. Greed is like an unending staircase without any support, which a person keeps on climbing being oblivious to the fact that it may all come crashing one day. People in order to fulfil their own wishes cross their boundaries, however, they forget the fact that what goes around, comes around. The effects of a person's actions, whether good or harmful, are typically felt by that individual. In today’s globalised world, influential and powerful people tend to take leverage of their position and exploit people. They try to find legal loopholes and try a get a way past them. The lawyers also at times try to just make tons of money through lawsuits rather than genuinely ensuring justice is served to their client. This completely fails the main aim of the law. The novel “King of Torts” revolves around an early-age public defender, Clay Carter who lands upon a conspiracy that is too horrific to even think, and immediately found himself in the centre of a complicated case against one of the world's largest corporations, with a massive settlement on the table that would completely transform his life, establishing him as the new king of torts. It is the story of the unexpectedly high rise of the king of torts and his likely downfall. The story talks about mass torts, the dark side of the justice system, the exploitation of the weaker sections, greed and abuse of power and position.776 views -
Pages 421 - 427The present paper proffers the status of Right to Privacy at global level .The researcher honestly attempts to explore the historical roots of right to privacy. Evolution of this right at different countries is discussed shortly .As most of us reaffirm the fact that Britain is the mother of democracy. Here, too, primary prominence of the United Kingdom is evident as it is the country laying the foundation of right to privacy. United States again appears to succeed UK in invigorating right to privacy. People's quest for practising democratic values in common walks of life projected them to open the doors of privacy. There is no constitutional right to privacy in Australia, but there are some pieces of legislation which afford certain protection guards. Privacy is recognised as a fundamental right in Canada. The Canadian Charter of Rights and Freedoms, along with the federal Privacy Act, reaffirm the faith of Canadian masses in right to privacy.927 views
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Critical Analysis of Sexual Exploitation with respect to Human Trafficking under Prostitution
LL.M. Student at Siddhartha Law College, Dehradun, IndiaPages 428 - 438Human trafficking is a multifaceted phenomenon with many interconnected facets that span vast geographical areas. It is impossible to solve all of the issues at the same time. The current literature on human trafficking does not address the issue's complexities. The worst scenario is the indication that now India is becoming a source or a destination area for traffickers. Women and children are being trafficked for the purpose of sexual exploitation at all levels: local, inter-district, inter-state, and cross-border. Women and children are exploited commercially in a variety of ways, including brothel-based prostitution, sex tourism, the film industry, and pornography in print and electronic media. Article 23 of the Indian Constitution prohibits all forms of human trafficking. In response to India's ratification of the International Convention on Suppression of Immoral Traffic and Exploitation of Others' Prostitution in 1950, the Suppression of Immoral Traffic Act, 1956 (amended to the Immoral Traffic Prevention Act) was enacted. The researcher in this paper used the doctrinal research process, which entails gathering information from primary and secondary sources such as legislation, case laws, conferences, books, journal articles, and websites. Analytical, descriptive, and evaluative approaches are used in the research. The aim of this paper is to better understand trafficking trends and patterns, as well as the systemic and functional mechanisms that replicate and reinforce the processes that keep the phenomenon alive. The researcher has further attempted to conduct a comprehensive analysis of India's major legislation, case laws, schemes, services, and initiatives related to human trafficking, as well as their significant analysis. The paper also reviews the literature on human trafficking in India and employs the details gathered from it, as well as official documents from the government's various departments, namely the Ministry of Women and Child Development, and data from the National Human Rights Commission and NGOs working in the region.5,424 views -
Sexual Harassment & Law of Defamation: The First Refuge of the Powerful
Student at Amity Law School, Amity University, Patna, IndiaPages 439 - 449Claim of sexual harassment & counter-claim of defamation has become common these days, especially under the #metoo movement. It is quite usual to see civil or criminal or both defamation suits filed by the accused against the complainant, in order to deter the complainant from proceeding further in her/his complainant. Whether it is M.J. Akbar’s criminal defamation complaint against Priya Ramani or Alok Nath’s criminal and civil defamation complaints against Vinta Nanda or Harvey Weinstein's defamation suit against the New York Times, the undue advantage of defamation law by the powerful public figures has clearly taken place. The purpose of defamation law is to deter and punish malicious lies, but it has become a tool to exhaust the resources of the complainant, thereby preventing the complainant to proceed further with his/her complaint. Classically, these Strategic Lawsuit Against Public Participation (SLAPP) and the abuse of legal remedies is often the reason behind why don’t the women speak up when the harassment happened. In this research paper, the first chapter will give a brief introduction about law of sexual harassment and defence of defamation. The second chapter with deal the object of defence of civil and criminal defamation, sections 499 and 500 of the Indian Penal Code, 1860 will also be discussed. Third chapter will throw light upon India’s #metoo movement and the defence of defamation, where some cases and instances will be discussed. The fourth chapter will guide us through the global scenario of #metoo movement and the defence of defamation. Lastly, the concluding chapter will also contain suggestions on how to strike a balance between a claim of sexual harassment; counter-claim of defamation.993 views -
The Right to Die: Exploring the Complexities of Euthanasia in India
Student at Kurukshetra University, IndiaPages 450 - 462The ethical and legal implications of euthanasia in India are complex and multifaceted. While some argue that individuals should have the right to end their own lives in cases of terminal illness or unbearable suffering, others believe that euthanasia goes against the sanctity of life and undermines medical ethics. Additionally, there are concerns about the potential for abuse and coercion in a country where access to quality healthcare is not universal. The Indian legal system currently prohibits euthanasia, but there have been ongoing debates about whether it should be legalized under certain circumstances. This paper explores these complexities by examining case studies, ethical frameworks, and legal arguments surrounding euthanasia in India. It examines how cultural beliefs, religious practices, social norms, and legal frameworks shape people's perceptions of euthanasia. The study finds that despite the growing acceptance of euthanasia globally, it remains a controversial issue in India due to its complex socio-cultural context. Ultimately, it argues that any decision regarding the legalization of euthanasia must be made with careful consideration of the potential consequences for individuals, families, and society as a whole.1,093 views -
Applicability of Trademark Laws to Cyberspace: An Analysis
Senior Assistant Professor at Central University of Kashmir, IndiaPages 463 - 498E-commerce and online trading are now a component of the modern economy. In addition to the value of trademarks and their function in contemporary business, it’s essential to keep in mind that the internet is the dominant force in this millennium. Every human action is governed by the internet, and business is probably one of the areas where it will have the biggest impact. When the internet first entered the scene, nobody was aware of the commercial prospects it offered. However, economic prospects emerged as a result of the slow growth of numerous internet tools including the World Wide Web (www), e-mails, etc. Companies are now using domain names to help others find them online as they trade and advertise their products there. The need of the hour for every commercial firm is to have a presence on the internet through a website in order to be successful. Websites need an address to be found, hence domain names were created for this purpose. Thus, domain names, a new idea in connection to trademarks in cyberspace, have emerged. In the same way that trademarks function in physical space, domain names function in cyberspace. The courts throughout the globe have given no less protection to Domain name than trademarks, however, the trademark law that was evolved and established to suit the needs of physical environment, having geographical boundaries, is ill suited for disputes involving domain names in a borderless cyberspace. The trademarks law allows one trademark to be used by two different traders on the same goods provided channels of market are separated by physical boundaries. Since political boundaries have vanished in cyber space, the trademark law finds it difficult to accommodate, “one mark two owners” possibility. Not only this alone many new issues related to trademark law have cropped up which await judicial resolutions. This research is conducted with the objective of analyzing the interplay of trademarks and domain names . For achieving the objective the study is divided in three parts. Firstly domain name, its role in cyberspace and its various categories have been discussed. In the second part of the article the impact of trademark law on cyberspace has been highlighted and finally in the third part an endeavor is made to analyse the applicability of trademark law to cyber space and role of judiciary .1,525 views -
Reproductive Rights of Women with special reference to the State of Bihar
Assistant Professor at Chanakya National Law University, Patna, IndiaPages 499 - 508Reproductive rights are one of the critical rights for women today which assures them the right to take autonomous decisions regarding their own bodies. While this right is not expressly laid down in the Constitution, it has evolved through judicial primarily derived from Article 21 of the Indian constitution.. Bihar is a state with one of the highest fertility rates. It is one of the most populated and poor states of the country with poor facilities for maternal care including high incidence of anemia among women, as well as high rates of malnutrition and stunting in children. The recent NFHS- 5 data has shown improved parameters including greater using of contraception. However, the critical questions remains whether this has been an outcome of increased autonomy in women to take decisions with respect to their own body. This article finds that any such presumption based on this data may be doubtful given contradictory perspectives coming out of other studies which indicate a very low status of women in the society and indicates more towards women subordination than her empowerment.738 views -
Effect of COVID-19 on Retail Sector
Research Scholar at Shri Rawatpura Sarkar University, Raipur, IndiaPages 509 - 517This research paper titled "Effect of Covid-19 on retail sector" explores the impact of the Covid-19 pandemic on the retail sector. The article analyzes changes in consumer behavior, e-commerce growth, and difficulties faced by brick-and-mortar retailers. The study highlights the importance of adaptation and innovation, new technologies such as AI and data analytics, and the role of agility and resilience in the retail sector. Additionally, the research focuses on the impact of Covid-19 on supply chain and inventory management. The article concludes by emphasizing the need for retailers to invest in new technology and adopt innovative business models to remain competitive in the evolving retail landscape.856 views -
Srinagar Bandh Aapda Samiti & Ors. v. Alaknanda Hydro Power Co Ltd. & Ors. (2014): No Fault Liability
Student at Marwadi University, Rajkot, Gujarat, IndiaPages 518 - 524Technological development is important for various reasons and humanity have witnessed various goals the human have been able to achieve much through it but one of the major drawback of it is that it is affecting the very mother Earth, which have provided the humans various means of existence on this planet. The current case study is one of the various incidents happening around the globe. The plant which was setup so to utilize the environment in sustainable way and to fulfill the requirements of the people became the cause of environment destruction and affected public life and property. The hydro power dam which was constructed over Alaknanda River, to generate power through sustainable means became the cause of destruction. India is a part of the nations who have mastered the hydro. Technology and this incident did not happen because of lack of research in the required domain, which usually happens but a sheer example of lack of enforcement of guidelines and which has been framed according to environment situation by the authorities and negligence shown by the company. The case study analyses the definition of “Act of God” in the light of the judgment and how it has been interpreted by the Hon’ble Court in the light if the given facts which will narrow the scope and will prevent misuse by the companies in order to absolve from their liability. The Court also applied the principle of “No Fault liability” as provided under the Environment Protection Act keeping in mind the role of sustainable development.2,362 views -
Digital Copyright Law: Challenges and Remedies
LL.M. Student at Amity Institute of Advanced Legal Studies, Noida, IndiaPages 525 - 534There has been a tremendous change in the distribution of copyright content by internet and the digital technology. In the three-digital age, copyright owners who were controlling the markets are facing uncontrolled dissemination of copyrighted content on the internet platform. They are at large threat so the challenges in the digital domain were understood and legal and technological protection measures were developed. The United States Copyright Law is that it balances society’s need for the free exchange of ideas with the intellectual property interest of authors, publishers and also copyright owners. It believes that the benefits of new technology must flow to the copyright proprietors and the public. A copyright is basically the exclusive rights which are granted to the ‘authors’ under the United States Copyright Act to adapt, copy, distribute, publicly perform and display the works of authorship which can be in databases, sound recordings, literary works, musical works, photographs, motion pictures, audio-visual works and still images. The protection of rights means an assurance that not more than some copying of their works will take place once the work is being published. In this research issues, challenges and the main legal and technological measures are dealt with. This research describes the legal and technological measures which are currently available for protecting the copyright owners or creators work.The research paper attempts to distinguish the internet from the traditional venues of the copyrighted material and at the same time, it suggests protection and remedies for the work of the owners and the creators.869 views -
The Concept of Locus Standi under Dispute Settlement Understanding
LL.M. Student at Amity University, Rajasthan, IndiaPages 535 - 559This research paper aims to examine the applicability of the concept of locus standi or 'standing' on the World Trade Organization's (WTO) Dispute Settlement Understanding (DSU). Locus standi, a legal term which refers to the right of an individual or organization to bring a case before a court or tribunal, has become a crucial concept in the field of international trade law. The DSU, which serves as the cornerstone of the WTO's dispute resolution system, which is still unclear and up for debate. This paper will now go on to discuss and analyse this issue, something which is very significant for the dispute settlement process. Overall, this paper aims to contribute to the ongoing debate on the effectiveness of the WTO's dispute settlement system by examining the role of standing in ensuring access to justice for all stakeholders and finally clear up the confusion lingering with respect to the same.965 views -
Role of Cyber Law in Investigation Process
Assistant Professor at IIMT University, Meerut, IndiaPages 560 - 567The statistics generation is largely mixture of laptop, net and generation (networking) and the junction of computer community, telecommunications with the assist of virtual technologies has given birth to a not unusual space known as our on-line world or virtual global. The variety of human sports has finished over the cyberspace thru the net. It becomes the maximum going on vicinity for netizens and used for verbal exchange, commerce, advertising, banking, training, studies and entertainment. There's infrequently any human activity which isn't laid low with the arrival of information generation. Laptop use is increasingly spreading like a virulent disease in no span of time and every day lakhs of users are connecting to the internet. The speedy increase of net and computer generation globally has given such a lot of advantages to the mankind but it has additionally turn out to be a place to do all type of activities which can be prohibited by law. It's miles more and more getting used for transnational crimes together with pornography, gambling, trafficking in human organs and prohibited drugs, hacking, infringing copyright, terrorism, violating person privateers, cash laundering, fraud, software piracy and company espionage and so on. The belief of cyber-crime is new department of crime within the gift world. It refers to wrongful interest devoted in laptop or over internet or computer networks, knowingly or deliberately.651 views -
Pages 568 - 582Marriage is an institution in ancient times, since the earth has achieved civilization, people have completed the simple ways to be discarded, and an additional advanced means to be taken. Men and women played an important role in this civilized society. The family has to be given a paramount consideration for a good nation building. The right to marry and found a family is an inalienable and basic right defined in the Universal Declaration of Human Rights 1948 and partly defined in our Indian Constitution. The community and society played an important role for the nation building programme. Marriage is our one of the custom prevailed in the Indian society. Customs, mores and norms played an important role in the civilized society. There are many reasons for the matrimonial offences such as lack of communication, abandonment, commitment, emotion and mental abuse, conflict in decision making process, monetary dispute etc. This study will emphasis on both primary and secondary data to be collected from the different sources. This study will explore in various fields like role of the community, role of the family, role of the Govt., role of the Alternative Dispute Resolution Mechanism and role of Lok Adalat. The definition of marriage has changed and updated with the passing of time. The women participation with the outer world joined the work force and have become financially freelance. Since the break-up of joint families, and the rise of nuclear families, our culture has undergone a dramatic change. In India foreign marriages are controlled by 1969 Foreign Marriage Act. The FM Act Was implemented to fill the holes in the Special Marriage Act, 1954. The principal target behind the FM Act was enacted to govern the marriages which take place outside of India, where one party must be foreign national and should be Indian. As I ventured into the topic, I noticed that wedding and married relationships ought to be studied from multi-dimensional aspects such as social, personal and legal points of view and study will focus on the issues and challenges of divorce and breakdown of marriage in our society. Both the partners, community and the society as well as state has to give paramount consideration towards the matrimonial disputes.1,108 views
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The Creative Commons Solution: Protecting Copyright in Short-Form Videos on Social Media Platforms
Research Assistant at Institute for Studies on AI and Law, Tsinghua University and J.D. Candidate, University of Florida, Levin College of Law, USA.Pages 583 - 615The rapid development of short-form video social platforms, such as TikTok, has created huge commercial value but also highlights serious copyright infringement problems. Traditional "all rights reserved" protection models may not be adequate in this evolving creative landscape. The paper proposes the use of Creative Commons licenses as a solution to address the imbalance of rights between platforms and users. Creative Commons licenses offer a flexible and convenient range of licensing options and, through ongoing updates and localization, may be better suited to the protection of copyrighted material in the short-form video era. This approach can contribute to the sustainable development of the short-form video industry, while also fostering creativity and protecting the rights of authors and creators.1,165 views -
What is an LBO: Strategy and Financing of LBO Operations, and its Resourcefulness on TATA Tea’s Acquisition of Tetley
Student at Amity Law School, Delhi NCR, IndiaPages 616 - 622Leveraged buy-out (LBO) has become an increasingly frequent form of corporate restructuring. In general, an LBO is defined as the acquisition of a company financed largely by borrowing. These acquirers may be sponsored by buyout specialists or investment bankers that arrange such deals and usually include representation by incumbent management, although hostile LBOs are not unknown. The underlying strategy is to restructure the company, rapidly improve its performance, and increase the cash flows generated by the firm's assets in order to repay a large part of the initial debt within a reasonable period of time. It differs from a typical corporate acquisition in that the ability to support and service acquisition debt is related primarily to the assets and/or cash flow of the equity contribution of investors, including management. This research paper will provide an overview of the LBO strategy, including its advantages and disadvantages, and financing options for LBO operations.1,004 views -
India and Space Exploration: Need for a Legal Framework for Space Exploration
Student at Dr. Ram Manohar Lohiya National Law University, IndiaPages 623 - 629Space exploration has become a reality with technological advancements and increased commercial space activities. India has played a significant role in international agreements and treaties that address critical issues in space exploration. However, these instruments have deficiencies and face grave challenges with the growing interest of both government and private entities in Space. The Indian space industry is facing a big problem because there are no clear laws about space exploration in India. To address these challenges, the Indian government must develop a legal framework for space exploration, which is critical for encouraging private sector participation and investment in the space industry.928 views -
Pages 630 - 635Social media is the only platform by which we can spread legal awareness on a mass level. The social media can work as assisting the society in its quest for justice. Any matter come in the light of media take the face of fire and had greater support and by which it can be resolved more quickly than those that have received lesser media attention. Whenever government make any law in any particular area the main object of such law is lost if the people are unaware of their rights and responsibilities. Legal awareness is the process of self-empowerment, as legal literacy is scenario in India is a concern. Keeping this is mind that this paper is trying to concentrates on legal literacy, how it helps the society, how social media is a means of promoting the legal awareness.1,048 views
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A Study of Laws in India for Persons with Mental Illness
PhD Scholar at MLSU Udaipur, IndiaPages 636 - 646People with mental disorders (hence referred to as PwMI) are frequently marginalised, stigmatised, discriminated against, and humiliated. As a result, mental health law serves as a crucial tool for preserving the rights and dignity of people with mental illnesses. Additionally, it offers a legal framework for addressing issues like admission, treatment, care, and release from institutions; civil, political, economic, social, andss cultural rights; and the execution of mental health policies and programmes. Indian mental health laws have seen significant modification in recent years. The United Nations Convention on the Rights of Persons with Disabilities (hereafter UNCRPD), which India adopted in 2007, has had a significant impact on disability law internationally. Therefore, a glimmer of hope for the realisation of PwMI rights emerged with the entry into effect of two significant pieces of legislation, namely the Mental Healthcare Act, 2017 (hereinafter MHCA) and the Rights of Persons with Disabilities, 2016 (hereinafter RPwD Act). The efforts implemented, however, have not been successful in realising the desired goal due to inadequate execution and a lack of resources.985 views -
Comparative Analysis of Article 32 and Article 226
Student at Netaji Subhas Institute of Law, Jamshedpur, IndiaPages 647 - 668This research paper aims to provide a comparative analysis of Article 32 and Article 226 of the Indian Constitution, which deal with the power of the judiciary to issue writs. The paper will examine the scope and applicability of these provisions, as well as their differences and similarities. The paper will begin by providing an introduction to Article 32 and Article 226, and will discuss the thoughts of the constituent assembly on these provisions. It will then proceed to examine the key differences between the two provisions, including their scope, applicability, and binding effect. The paper will also discuss the various types of writs that can be issued under Article 32 and Article 226, and will examine some important case laws that have dealt with the interpretation and application of these provisions. In addition, the paper will discuss the role of the judiciary in enforcing fundamental rights through these provisions, and will examine the importance of ensuring that citizens have access to an effective remedy against violations of their rights. Overall, this research paper aims to provide a comprehensive analysis of Article 32 and Article 226 of the Indian Constitution, and to highlight their importance in safeguarding the rights of Indian citizens.2,055 views -
Copyright in Choreography: Examining the Legal Landscape for Dance Moves in India
Assistant Professor at Amity University, Jharkhand, Ranchi, IndiaPages 669 - 673As we all know that copyright protection is given to all forms of dramatic works under Section 2(h) of the Indian Copyright Act, 1957 and the dramatic works includes acting, choreography (dance moves), literary works, photography and other musical works, paintings, sculptures etc. This article focus on choreography that can be copyrighted so, that no other people can copy the original dance moves, even if the dance forms were available to the public, this does not mean that the choreographer cannot obtain copyright protection for their dance choreographies. It should be assumed that the creator protects everything that comes from his skill, talent, and intellect. This article will also highlight the drawbacks or the difficulties for choreographers to secure copyright for their creative dance sequences. One such is that copyright law itself restricts the media through which a less systematic dance form or flexible choreographic work can be fixed whereas, it is well settled that in order to be eligible for copyright protection, a choreographic work must be original and must be fixed in a tangible medium of expression.1,502 views -
Major Nationalist Movements in India
Student at IILM University, Gurugram, IndiaPages 674 - 682India's population began to experience a sense of nationalism in their hearts as a result of the Indian National Movement. The Indians' sense of nationalism encouraged them to voice out. Indians began to rebel against the British as a result. Beginning in 1850s, the Indian National Movement saw increasing-sized uprisings, which aided India's quest for independence. The Nationalistic feeling aided India in gaining its freedom. Indians were aided in their revolt against the British by the advent of the Indian National Movement, which served to further amplify nationalism throughout the nation. After living under British rule for two hundred years, India could become independent. The sense of nationalism was the only thing that made it feasible. Indian National Movement was sparked by a nationalistic sentiment. Consequently, the Indian National Movement is crucial to the nation of India's independence. The struggle for Indian independence was a protracted one that spanned almost two centuries. People from all walks of life joined the movement because they shared a desire to be free from British colonial control. The fight for independence was a defining moment in India's history and had a profound effect on shaping the country's political and social landscape. Role of Gandhiji and various other leaders has been unmatched in the success of freedom struggle. Both the deed of being patriotic and having patriotic feelings contributed to the strength of the country. One will be able to connect with others more easily because of one’s shared passion for this nation, and the more people who show their patriotism, the more united and powerful our nation will be.1,730 views -
Human Rights, Understanding Terrorism and Counter Terrorism
Student at Chaudhary Charan Singh University, IndiaPages 683 - 690Human rights are the basic rights and freedom that is prescribed to every human from the time he/she is born. These rights can’t be taken away and are based on the principles of dignity, fairness, equality and respect. In the contemporary world, Terrorism is the illicit use of brute force to overawe the government, the civilian population, any segment thereof to achieve political objectives. Terrorism are the worst rated crimes to exist and it’s results are shambolic that results to the loss of human lives, economy fluctuating and so on. Pre-emptive actions need to be taken in order to combat terrorism. United Nations have been condemning terrorist attacks and organizations like NATO are combating terrorism with Counter-terrorism. The concept of Counter terrorism is to basically retaliate and eliminate terrorist groups. But implementing counter-terrorism is of a great difficulty. Human rights activists believe that counter-terrorism is of a great threat to the civil liberties and it involves illegal detention and restriction to right to freedom. For the prevention of terrorism through counter terrorism it is necessary that the security personnel’s have a good knowledge about weapons and terrorist tactics. Security personnel are people who are high ranked security officers with a deep and vast knowledge of their field. In India especially these forces play an important role in guarding the border and controlling civil unrest. Security personnel enjoy the right to preventively detain anyone they find suspicious, question the detained. They may even go on to search and seize good of any person under their jurisdiction who they find to be a subject to any terrorist group. But with these rights comes restrictions and United-General Assembly adopted on 1979 that Security Personnel shall respect human life as they have to abide by the International covenants against torture and other cruel punishments.955 views -
Pages 691 - 699The basic Instinct of all living beings is to possess the things of choice ,due to this sometime a conflict arises, human beings also have this Instinct and for the same the concept of ownership generates in human society or civilization. This Instinct to possess the things /objects/ person of choice give birth various institutions in the the societies like institution of possession/ownership/territories/ marriage in the human society. For the sake of conflicts several methodologies of resolution of the same developed by the human beings ,in early days might is right , after the days gone some short of system of resolution was developed on the basis of Dharma/religious beliefs prevalent in the society concerned . One of the major method for resolution of dispute/conflict s was the intervention of intellectual/ elderly individuals of the locality concerned or those who well versed about the issues of the conflicts .In Modern times this technique of dispute resolution is known by the name of arbitration. The United States and Great Britain were pioneers in the use of arbitration to resolve their differences. At the First International Conference of American States in 1890, a plan for systematic arbitration was developed, but not accepted. The Hague Peace Conference of 1899, saw the major world powers agreed to a system of arbitration and the creation of a Permanent Court of Arbitration. Arbitration was widely discussed among diplomats and elites in the 1890–1914 era. New York Convention, 1958 and United Nations Convention on the Recognition Enforcement of Foreign Arbitral Awards, 1958 paved way for International cooperation in execution of Awards. UNCITRAL Model Law on International Commercial Arbitration, 1985 prompted Member Nations to amend and legislate Laws to bring uniformity on International Arbitration and execution of International Awards.919 views
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Comparative Analysis of the Objectives of Competition Policy in India and EU in a Neo-Liberal Era (Market Economy)
LL.M. Student at Symbiosis Law School, Pune, IndiaPages 700 - 709Today competition law plays a significant role in a country’s economic growth. The progress of an economy, attracting investments, FDI is closely linked to the competition law goals and objectives that are pursued by the respective country. The origin of competition law could be traced to Sherman act 1890, around this time there was no specific policy pursuit as competition law was in a nascent stage. It was Robert Bork in 1970s, who highlighted that the goal of antitrust laws should be consumer welfare. Today India and EU pursue a multiple number of goals that include consumer welfare, protection of small players, innovation and efficiency. Both of them belong to Harvard School and have more or less similar objective with minute differences which will be highlighted in this paper. In a neo-liberal world there is role back of state with minimum or no state intervention has given to the impression that there is shift in government policies from consumer centric to pro-business centric. With this context in background, this paper tries to identify the core goals of competition law and its importance. In this light it tries to do a comparative study of goals of India and EU in a neo-liberal world. Further with the help of latest developments the author tries to identify whether there is shift in policy approach towards pro-business.1,012 views -
A Comparative Perspective on Legal Framework and Practices relating to Secularism in France and India
Assistant Professor at Pendekanti Law College, Affiliated to Osmania University, Chikkadpally, Hyderabad, IndiaPages 710 - 726This research paper aims to provide a comparative analysis of the legal frameworks and practices concerning secularism in France and India. Secularism, as a concept, plays a crucial role in shaping the relationship between the state and religion, safeguarding individual liberties, and maintaining social harmony. France and India, both diverse democracies with rich histories, have adopted distinct approaches to secularism, reflecting their unique social, cultural, and historical contexts. Through an examination of constitutional provisions, legislation, court judgments, and societal practices, this study delves into the key similarities and differences in the legal frameworks of secularism in France and India. The paper explores how each country's legal system has sought to establish a secular state while ensuring the protection of religious freedom and addressing the challenges posed by religious diversity. Furthermore, this research investigates the practical implementation of secularism in both countries, analyzing case studies and recent controversies. It explores areas such as state neutrality, religious symbols in public spaces, education, and the relationship between the state and religious institutions. The findings of this study reveal that while France adopts a strict interpretation of secularism, known as "laïcité," with a focus on the separation of religion and state, India embraces a more inclusive and accommodative approach, known as "sarva dharma sambhava," emphasizing respect for all religions. These divergent approaches lead to contrasting legal frameworks and practices, resulting in varying degrees of state intervention in religious matters. The comparative analysis sheds light on the strengths and weaknesses of each approach, addressing the impact on individual freedoms, religious minority rights, and social cohesion. Moreover, it explores the influence of historical, political, and cultural factors in shaping secularism in each country. By critically examining the legal frameworks and practices relating to secularism in France and India, this research paper contributes to a deeper understanding of the challenges and complexities involved in balancing state neutrality and religious freedom in diverse societies. The findings can inform policy discussions and debates on secularism, both within the two countries and in other contexts grappling with similar issues.1,596 views -
Constitutional Safeguards for Human Rights and Social Security in India: An Analytical Study
Research Scholar at Department of LLB, Asian Law Collage, IndiaPages 727 - 739The constitution of India is generally based on the three pillars of liberty, equality, fraternity, and justice. These pillars are also known as the three legs of the Indian constitution. To achieve the aim of the paper, I have gone through a conscience study of all the books and journals associated with constitutional provisions that demonstrate high respect for human integrity, a commitment to equality and non-discrimination, and compassion for current societal weaker ones. “Everybody needs social protection throughout their lives, as young children, in working life, and in old age. People need protection in case of specific shocks, such as illness, disability, and loss of income or work. ...” In this paper, we attempt a critical appraisal of the historical development and experience of social security initiatives at the all-India level. Based on the findings of the review, we visualize a road map to more comprehensive and participatory initiatives in the provision of social security by the state, while stressing the role of civil society, non-governmental organizations, and mass organizations. It also attempted to categorize the ongoing social security schemes according to the definitional framework of our study, that is, in terms of the definitional division of social security into basic and contingent social security. This paper is an attempt to provide the role of the Judiciary and judicial activism in the protection of rights in India. After independence, India played a very significant role in the protection of rights. India has not incorporated an elaborate Bill of Rights in its constitution and efforts have been made to translate this reality. Judiciary in India played a crucial role to translate these rights into reality. The paper also examines some of the challenges faced by the supreme court in fulfilling its role as a custodian of social justice, such as the issue of judicial overreach and under-representation of certain communities in the judiciary overall this research seeks to provide a comprehensive understanding of the supreme court’s role in protecting social justice in a constitutional democracy. This paper also focuses on the rights of senior citizens, the vulnerable section of society, and the legal framework in place to protect their rights. The paper aims to contribute to the ongoing debate on the proper role of the state, civil society, and stakeholders in promoting social justice and protecting the rights of all citizens.1,469 views -
Critical Analysis of Environmental Protection Laws in India with special reference to Industrial Development
Assistant Professor at Department of Legal Studies Jharkhand Rai University, Ranchi, Jharkhand, IndiaPages 740 - 750An unprecedented rise in climate change, deforestation, air, water, and other forms of pollution have posed a serious threat to the environment and its living beings. All living beings, including individuals, wildlife and vegetation, are negatively impacted by environment's degradation which is a result of human activities. India is among one of the top ten industrialised nations of the world. Since 1991, India experienced rapid industrial expansion. This has led to industries and environmental challenges. Rapid industrial development has benefited human civilization economically and brought material pleasure to citizens of industrialised nations, but it has also exacerbated a variety of environmental issues. Massive amounts of pollutants are released as a result of growing industrial expansion which adversely affects the environment in various ways. Today, Industries and factories are major contributor to environmental pollution. . Significant urban and industrial pollution is a result of rapid economic and industrial growth. A pollution-free environment may just be an ideal fantasy in the industrial age, far from becoming a reality. The necessity of the hour is proper balance between the two, i.e., development on the one side and a clean environment on the other. Plans for sustainable development appear to be a way to strike a compromise between these two factors. The researcher was forced to conduct this research after the aforementioned debate opened her eyes to the seriousness of the environmental issue and the rate at which it is deteriorating.1,261 views -
Pages 751 - 767The Internet has continued to develop since it first became widely used in the 1990s . Social networks, video conferencing, virtual 3D worlds (like VR Chat), augmented reality software (like Pokemon Go), and NonFungible Token Games are just a few of the computer-mediated virtual environments that we have developed (e.g., Upland). We have gone through numerous stages of digital change thanks to these virtual settings, even though they are temporary and disconnected. To speed up the digital transformation of every facet of our real-world existence, the term "metaverse" has been developed. This paper addresses the idea of virtual property and the potential issues it raises in the specific setting of online games, as well as how the law has previously addressed these issues and how it could do so in the future. The idea of a massive, unified, permanent, and shared environment that is the immersive Internet lies at the heart of the metaverse. Despite the metaverse's seemingly future appearance, the digital "big bang" of our cyberspace is not far off, fueled by cutting-edge technology like Extended Reality, 5G, and Artificial Intelligence. The paper speaks about the current legality of the metaverse in India and the laws relating to the Metaverse. There are very few laws regarding the Metaverse; the writers, through this paper, try to explain the Manifold concerns and give the readers basic knowledge regarding the metaverse and its Legality in India.857 views
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The Impact of Artificial Intelligence on an Enterprise and Employment
Student at School of Law, Mahindra University, IndiaPages 768 - 773The growth of Artificial Intelligence and automation technologies have drastically increased its pace and has been a disadvantage to the workforce. Though the technological advancements lead to economic growth, productivity and profitability, the manpower is being replaced by the machines. The paper examines the effects of Artificial Intelligence on a process of an organisation, Manufacturing of an enterprise. The paper mainly focuses on different inferences made on how deep the effects of artificial intelligence on employment, the requirement of a new leader for an organisation through AI. This article aims to highlight the impact of AI on industries and answers an underlying question of “What changes can be seen at the employment level and the organisational level through the use of AI and robots?”863 views -
Censoring Art by the Process of Law: A Philosophical Study
Student at Tamil Nadu National Law University, IndiaPages 774 - 784In this paper, the philosophy of creative expression is examined, with an emphasis on the value of artists' ability to create without being constrained by the rules of society or habit. It emphasises how everyone has the freedom to engage in and take part in a variety of artistic works since artistic expression is seen as a fundamental human right. The capacity to appreciate the arts and to disseminate artistic expressions are also seen as unlimited. This paper claims that creative freedom, a fundamental tenet in a democratic system that protects and preserves people's rights to express their thoughts, is crucial for the cultural and political well-being of society. Many human rights organisations are aware of and work to uphold the freedom of speech in the arts. It defines censorship as the imposition of limitations or prior approval on the public transmission of content, frequently justified by worries about public order, state security, or the preservation of others' reputations.4,689 views -
The Employee’s Compensation Act, 1923 & Code on Social Security
Student, University School of Law and Legal Studies, GGSIPU, Dwarka, IndiaPages 785 - 802Two critical pieces of regulation that significantly influence the rights and protections of workers in India are the Employee's Compensation Act, of 1923, and the Code on Social Security. Employees who sustain injuries or impairments as a result of and over the span of their occupation are qualified for compensation under the Employee's Compensation Act, of 1923, normally known as the Workmen's Compensation Act, Number of their compensation or the idea of their work, all workers are covered by the Act. Employees who have injuries or impairments that prohibit them from completing their tasks must be compensated by their employers, and this compensation is calculated using the employee's average monthly salary. According to the Act, businesses are required to keep complete records of all accidents and occupational illnesses that happen at their workplaces. The Kind of accidents and occupational illnesses that occur at their workplaces must also be reported by employers on an annual basis to the proper authorities. The Employee's Compensation Act, of 1923 is one of the surviving social security legislations that has been supplanted and consolidated by the Code on Social Security, which was endorsed by the Indian Parliament in the year 2020. All Indian workers, including those in the unorganized sector, are intended to have complete social security coverage as a result of the Code. Employees are qualified for a range of social security benefits under the Code, including maternity benefits, disability benefits, health insurance, and old age pensions. Businesses are committed to paying into a social security reserve, which is used to pay for these benefits, a specific piece of the wages paid to their workers. The Public Social Security Board, the State Social Security Board, and the Employee State Insurance Company are just a couple of the organizations that the Code creates to work and oversee the social security system. These organizations are in charge of monitoring the Code's application and making sure that workers get their due social security payments. Moreover, it should be noted that the Employee's Compensation Act of 1923 and the Code on Social Security are significant pieces of law that provide essential benefits and safeguards to Indian workers. These rules guarantee that workers get just compensation for harms and impairments sustained while doing their jobs and that they have access to full social security coverage for the duration of their working lives.2,355 views -
Controversies in The Personal Data Protection Bill, 2019: An Analysis of Government Exemptions, Data Localization, and The Right to be Forgotten
Student at IMS, Noida, IndiaPages 803 - 816The paper analyzes the controversial aspects of the Personal Data Protection Bill, 2019 in India. It begins by providing background and context on the bill and the importance of analyzing its controversial provisions. It then delves into the government exemptions in the bill and the potential implications for citizens' privacy rights and government surveillance. The paper also discusses the data localization requirements in the bill, the arguments for and against data localization, and its impact on businesses and the Indian economy. It provides a comparative analysis of data localization policies in other countries. The right to be forgotten provision in the bill is also analyzed, including criticisms from privacy advocates and experts, its potential impact on freedom of expression and access to information, and a comparison with similar policies in other countries. The paper concludes with a summary of key findings and analysis, recommendations for improving the bill's controversial provisions, and implications for data protection policy in India and globally. Overall, this paper provides a comprehensive analysis of the Personal Data Protection Bill, 2019 and its controversial aspects, contributing to the ongoing discussion on privacy and data protection in India.727 views -
Pages 817 - 827Since the implementation of GST, the intent of the central government is to widen the tax range by providing exemptions and bringing more Goods and Services into the tax network. Due to such reasons, there is a difference in the food-distributing industry. This is the first time that basic food commodities are being brought under the tax network with the provisions of packaged commodities. As per the Legal Metrology Act 2009 and the Legal Metrology (Packaged Commodities) Rules 2011s provision, a wholesale package qualifies as a packaged commodity and requires declarations under Rule 24 of the Legal Metrology (Packaged Commodities) Rules 2011. Whereas, the question that arises is that the joint observation of Rule 3 (a) read with Rule 24, gives the conclusion that the Legal Metrology Act 2009s provisions as an application to retail packages are also applicable to wholesale packages. Again, from the GST Act, the exemption to the wholesale package is not mentioned in the exemption notification, however, the question cites such an exemption.682 views
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Pages 828 - 838The Department of Legal Metrology's work for the Government of India entails, among other things, the implementation of the provisions of the Legal Metrology Act, 2009, and the Rules made thereunder. This is done by standardising the weighing and measuring instruments that are used in Trade and Commerce in order to provide the general public with a promise of the safety and precision of weights and metrics. The previous experience with implementing the Act and its Rules demonstrates that compliance can be secured to accomplish the purposes of the Act due to the prohibitive nature of the measures that are now in place. This is a possibility since the restrictions that are already in place have a dissuasive effect. Because they are afraid of being sued for the second and future offences, members of the Trading Community want to avoid committing repeated infractions. Traders are aware that these cases will go to court if the Legal Metrology Authorities (LMOs) identify a violation under certain non-compoundable components; hence, enforcement officers are not discovering any breaches in this regard. The traders are aware that any infractions would result in legal action. The above information can lead one to the conclusion that the existing limits are an effective enough deterrent and that compliance can be guaranteed. Any attempt to decriminalise the current Act and Rules, particularly critical portions, would decrease the deterrent component of the Act, and the Act's aims would not be attained as a result of such an endeavour. In light of these issues, the objective is to decriminalise some sectors that either do not need men’s rea or have more customers who are adversely impacted. The proposal calls for a review of the penalties that are outlined in the legislation between sections 53 and 26 of the Legal Metrology Act. These penalties include the following: the manufacturing or sale of non-standard weights and measures; the tampering with weights and measures licences; the use of non-standard units; the use of nonverified weight measures; the use of non-standard units; the failure to produce required documents; the sale and keeping for sale of non-standard packaging without a declaration; and the failure has been proposed that a compoundable payment may range from one lakh to 10 lakhs; nevertheless, licences would be revoked. As a result of this, imprisonment as a form of punishment is promoted in order to lessen the efficacy of the penalty as a deterrent. It has been suggested, with the goal of achieving the same level of decriminalisation, that specific offences, such as tampering with licences or altering weights and measures, should be compoundable for second and subsequent offences.1,065 views
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EPF Obligations: Treatment During Insolvency and Liquidation
LLM Student at National Law University, Delhi, IndiaPages 839 - 851Insolvency and Bankruptcy Code, 2016 provides for a comprehensive mechanism for resolving the claims of creditors, whether secured or unsecured, of an organization. Meanwhile, The Employees Provident Fund Act, 1952 was brought into force to ensure the social security of employees of an organization. The claims of the employees under EPF Act are often brought up whenever there is a formation of a Resolution Plan for a company undergoing Corporate Insolvency Resolution Process or when the liquidation of a company commences. This paper is an attempt to analyze the order of priority of EPF dues of the employees under the IBC mechanism while a company is undergoing Corporate Insolvency Resolution Process by analyzing the provisions of the relevant acts, the waterfall mechanism under IBC and various orders passed by the NCLAT and Supreme Court while dealing with the same issue. Moreover, this paper will also analyze the order of priority given to EPF dues during liquidation of a company and the difference in the treatment between the two.963 views -
Reformative Theory of Punishment: Analysing the Status in India
Student at KIIT School of Law, KIIT University, IndiaPages 852 - 859Punishment is one of the cornerstones of contemporary civilisation since it is the coercion employed to uphold the rules of the state. A peaceful society and way of life are things that the state must provide. Lack of punishment renders the law ineffective, which ultimately leads to a society that is “unable to uphold law and order and a government that is unable to defend its citizens.” However, the reformative approach to decreasing such crimes and reforming the offenders has emerged in order to protect the fundamental rights to which every person has a right. Rehabilitation aims to fundamentally alter the way criminals behave and think. Similar to how therapy normally uses counselling and education to lessen the probability of future crime. The entire article focusses on the aspect of Reformative theory of punishment and its exact utility in India. The research objective includes in depth knowledge of what exactly is the reformative theory, its origin and status in India and finally the way it has been exercised in India since its inception.””1,336 views -
Transgender Right against Sexual Offences
Student at National Law University Jodhpur, IndiaPages 860 - 866From the time of Ramayana and Mahabharata to the royal courtyards of mughal emperors to the contemporary society of today, the transgender community have played an important role in our culture. Nonetheless, such an important part of our society has for decades tolerated various inequalities on a daily basis. They have been the most marginalised, forgotten and deprived sections of Indian Society and face discrimination and violence as compared to other genders. When the landmark NALSA judgement came the Transgender Community was elated and contented. It was expected that optimum shift would take place in the attitude of society towards the community, however, results lack the enthusiasm. The lack of implementation of that judgement is the reason that they are still fighting against discrimination and are not recognised in society.(1)It was only in 2019 that the Indian Parliament enacted the nation’s first legislation, namely the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter “TPA”), to address the issues faced by transgender persons in the country. However the judgement and the Act still lacks protection of the community from sexual offences.1,378 views -
Pages 867 - 871Media is considered as the 4th pillar of democracy social media has emerged as The most powerful influence on the general public and has penetrated in most sections of society. Now with the advent of co-vid19 and lockdowns in India even the older section of the society has also been linked with social media founding YouTube and Google as a substitute for information and news Globally, social media platforms are the most efficient and successful means to run a campaign. This media is socially legalized influence the society that platform to allow its user to create and share information and content of their choice with people. Spending vacation time by scrolling newsfeed and reels has become a new activity in modern society of people. This paper trying to concentrate on Increasing public legal awareness through various media, both mass media and social media, is one of the significant assets for the government to face global challenges.840 views
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Cyber Crimes against Women: A Gloomy Outlook of Technological Advancement
Advocate at Bar Council of Kerela, IndiaPages 872 - 880Even while crime against women is on the rise overall, a woman's experience as a victim of cybercrime can be the most upsetting, especially in India, where the culture denigrates women and the judicial system hardly acknowledges cybercrimes. In this article, I aim to talk about the various types of cybercrime that can harm women. I'll also go through the laws that are in place to safeguard women in these scenarios, including the Information Technology Act of 2000 and the constitutional mandate. I'll use many well-known cybercrime cases, including the Ritu Kohli case, to draw my conclusion. The causes of the present increase in cybercrime against women are also being thoroughly examined by us. The right to privacy is now a part of the enhanced article 21 of the Indian Constitution. If cybercrime results in the loss of a person's private property or personal goods, the perpetrator may be held accountable under Article 21 of the Indian Constitution. In addition, I want to propose a number of solutions to India's rising cybercrime against women. The alternatives that will be accessible to cybercrime victims and the reforms that must be made to the legal system in order to effectively deter cybercriminals are the main points of discussion at the conclusion.873 views -
Domestic Violence against Women with special reference to Indian Laws
Assistant Professor at LR group of Legal Studies Solan, IndiaPages 881 - 893Domestic Violence is a widespread problem throughout the developed and developing world and makes serious impact on quality of human life and broader development. Violence against women is the manifestation of a historically unequal power relationship between men and women. It is a conditioned response and is not natural or born of biological determinism. In the olden days, violence against women was a result of the prevalent atmosphere of ignorance and feudalism. Today violence against women is an uncontrollable phenomenon, which is a direct result of the rapid urbanization, industrialization and structural adjustment programmes which are changing the socio-economic scenario of our country. In this land where non-violence has been preached as a way of life for thousands of years and where women have been worshipped in the image of Durga, Saraswati and Lakshmi, it is shocked to observe the brutal reality of women’s existence. The main aim of the Present paper to know about the different perspective Indian Laws regarding Protection of Women from Domestic Violence.857 views -
An Analysis on Right to Information Act 2005
Student at ICFAI University, Dehradun, IndiaPages 894 - 914A basic human right known as the Right to Information (RTI) enables anyone to access information held by the government and other public entities. It is an effective instrument for encouraging openness, responsibility, and democratic participation in government. By enabling individuals to access information on decisions, policies, and actions taken by the government, the RTI gives them the authority to hold public officials and institutions accountable for their deeds. The RTI has come to be identified as a crucial instrument for strengthening free and democratic societies in international human rights agreements including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Since it decreases the risk of abuse of power and corruption, it is also recognised as a fundamental component of efforts to promote good governance and combat corruption. This abstract provides an overview of the key elements of the RTI, including its legal and normative basis, its scope and limitations, and its potential benefits and challenges. It discusses the importance of the RTI in promoting transparency, accountability, and citizen engagement, and highlights examples of successful implementation of RTI laws in various countries. It also examines the challenges and obstacles that may impede the effective implementation of the RTI, such as bureaucratic resistance, lack of awareness or capacity among citizens, and potential conflicts with other rights and interests. The RTI is a critical right that empowers individuals to access information, hold governments accountable, and promote transparency and good governance. Its effective implementation requires strong legal frameworks, institutional capacity, and citizen engagement. The RTI has the potential to contribute to more open, democratic, and accountable societies, but also requires constant vigilance and efforts to address challenges and ensure its full realization.1,239 views -
Insurgency in India: Understand and Tackle
Student at Maharashtra National University, Nagpur, IndiaPages 915 - 931This paper lays out the several challenges which occur due to insurgency in our country and how these challenges can be faced with better use of a combination human resources, dialogues and giving importance to the needs of such regions. According to a 2022 report by Ministry of Home Affairs, there has been a significant reduction of about 74% in incidents concerned with insurgency in India from 2014 to 2021, with Tripura and Mizoram emerging as the most peaceful states in the region. But there were still some attempts by rebel groups especially during the covid period which confirm that insurgency still exists and demonstrate the daring and savagery of the terrorists of today. The current democratic system is under constant attack by wicked forces, making it difficult to convince terrorists to change their ways. The absence of a free space in the conflict-torn region has hampered the development of civil society because draconian and divisive special laws that were put in place in the Northeast to combat insurgencies are still in place. The fact that insurgencies are still ongoing and causing a havoc, makes it imperative to understand the greater impact of these insurgencies and better insurgency tackling methods. The paper also discusses the existing policies to handle such insurgencies and the extent of their effectiveness while ruling out some other possible measures, favourable to all.1,127 views -
Sexual Offences against Males in India: A Study
Student at Law College, Dehradun, IndiaPages 932 - 946This study was an attempt to break through this silence and explore. The most difficult part was to actually get to 'meet' and 'talk ‘to rape victims. The difficulty Fu tracingvictims of rape and ultimately talking with them itself proves the difficulty to study a phenomenon like rape. This difficulty in a way compelled me to redefine my initial research intent to study rape victims in the Uttarakhand movement. While I did manage to speak to some victims of sexual violence, I studied it as only one incidence of rape- rape as state violence where the state personnel used rape to terrorize the people and attempted to break the movement. In the course of my field work, which extended over a long period of two years I was able to meet other 'rape victims' in the area of my research and some elsewhere. Most were raped by acquaintances, some were raped by army men, some by strangers and some by family members. The nature of this kind of research necessarily meant a different understanding of .the 'field'. It was not field work in a bounded area of study as in a village study or a slum study or a factory. The attempt rather was 'thematic'. What bound the study was the phenomenon of rape. However, it was for the most part confined to the Uttarakhand area and Delhi. In the case of the railway rape (Muri express) I spoke with the victim in Delhi. What I am seeking to draw attention to is the very specificity of the phenomenon of rape that in a way defined both my 'field' and my very long, difficult task of first identifying 'rape victims' and then being able to speak to them and their close relatives. What struck me through the field work was: One that rape was very much a social phenomenon yet an enormous body of myths existed to suggest that rape was actually an aberration of societal functioning; two, that in the case of rape, like no other crimes, the victim is held responsible for the act. Also, the questionnaires I administered also pointed to the fact that there are wide spread myths held by members of society. Throughout the two year period I kept a diary, jotting down the everyday observation that pertained to attitudes regarding sexual violence. Scholars have spoken of ethical questions that field work throws up. In this case the questions were all the more bothersome especially because of the pain and trauma involved in an issue so grave. Here, VeenaDas's (1995) advocacy of anthropology of pain has great relevance to the study of women's situations. Das demonstrates that pain can be communicated and felt in another body. It is maintained that a researcher can only feel in his or her own body the pain and sufferings that have been inflicted on women in their exploitation and oppression by a patriarchal set-up by becoming more intensely and intimately involved in close pain sharing relationships with his or her researched subjects (Haider cited in Thapan:1998). In the course of my research, some victims also thanked me for 'listening' to their pain only because they were unable to talk of it to anyone else, because mostly in a post-rape scenario, the victim is ignored and what the 'others' are interested in doing is to somehow hush up the incident to restore their lost sense of honor and shame. Here, I would also like to highlight the fact that 'voices' weren't the only means of self-expression and communication between the victims and myself. Certain pauses, long silences, gestures, tears and body language also formed important aspects of the narratives. This study attempted to voice the anguish of these victims along with their relationship with social institutions like the family, community, state and the media. As believed by most people, the importance of a supportive society is very important in the victim's recovery and survival, but in reality, in a sense, victims are 'thrown out of society' of which they are an important part. The family, for instance, often called the 'safe haven' was in a sense unable to maintain its image of a 'safe haven'. Victims of sexual violence, therefore emerge as outcasts of society.885 views -
The Basic Structure of the Constitution – A Critical Study
LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University Uttar Pradesh, IndiaPages 947 - 994What is the Constitution of India, its framers intend to tell us? How was Constitution came into being? Was it all end of struggle of power? How would you define the Constitution's underlying framework? How urgent do you think it is to improve The Doctrine? If you're looking into the Indian Constitution and have a head full of burning questions and a heart full of ifs and buts, one of the key issues you'll encounter is “the Basic Structure Doctrine”. “Constitution is not a mere lawyers document” said the man widely credited with drafting India's founding text. The spirit of age is constantly there in this vehicle of existence. The document which is socio-economic and which shall never be misused or shall never be a plaything but the morality can and should be the criterion of validity and the judiciary ought to be the citadel of democracy. The most interesting observations are those which is enshrined here are the judgments of the thirteen-bench judges. The bench of such number that ever sat till now. That how efficiently they have come into conclusions, harmoniously and creatively. The case which has been famously pet named as the Fundamental Right Case, with an eye catching conflict of the wings has been portrait here with detailed and relevant judgments. Here, the most controversial cases that have extensively been discussed and endeavoured to highlight the pros and cons of the Doctrine, that it was, it is and it would be in near future exploring the historical background and vital case laws and from a philosophical view point, summing up the future relevance and significance of “The Basic Structure Doctrine”.1,087 views -
Condition and Warranty
Student at IILM University, Gurugram, IndiaPages 995 - 1001When two parties enter into a contract of sale, they set specific conditions that will affect the entire agreement. If these terms are not met, the party who is not at fault may reject the agreement and seek compensation for the damages he has experienced. Similar to condition, a warranty is also provided by the seller to the customer in the event that the purchased item has flaws and has to be replaced or fixed. In this case, only damages may be demanded; the contract cannot be rescinded. The definition of the terms condition and warranty, how they derive their validity in light of The Sale of Goods Act, 1930, and how a condition turns into a warranty will all be studied in this research paper.1,057 views -
This article explores the complex relationship between media trials and fair trials, examining the evolving dynamics of law and media in contemporary society. Inspired by Shakespeare's "Macbeth," it contemplates the fluid nature of societal norms, where what is acceptable today may be deemed disreputable tomorrow, and vice versa. The article emphasizes the need to understand the historical development of law and media to comprehend the current conflict between a free trial and a free media. Article 19 (1) (a) of the Indian Constitution safeguards both individual free speech and press freedom. However, it is important to recognize that this does not grant absolute freedom of expression without accountability. Striking a balance between free speech and responsible information dissemination is crucial. The media and the judicial system share a common purpose, acting as vital sources of information for the public. Referred to as the "eyes and ears of the people," the media plays a crucial role in informing society, while the courts seek to uncover truth, defend democratic ideals, and address societal issues. The article stresses the importance of responsible journalism by shifting focus towards pressing matters such as prison conditions, education, orphanages, courts, unemployment, poverty, and illiteracy. The article discusses the comparison between media trials and fair trials, highlighting their nuances and implications. It emphasizes the need for a fearless and vibrant media that adheres to ethical standards and prioritizes the well-being of society. Recent incidents and judicial judgments related to media trials are examined, shedding light on the complexities and controversies surrounding the topic. In conclusion, this article provokes thoughtful reflection on the interplay of law and media, underscoring the significance of responsible journalism and the pursuit of justice. It advocates for a delicate balance between media freedom and ethical information dissemination for the betterment of society.1,059 views
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Evolution of Mischief Rule in Indian Jurisprudence
Student at Amity University, Patna, IndiaPages 1014 - 1021Principles of Interpretation of Statutes form an essential part of jurisprudence. The paper aims to study the origin of the mischief rule in Heydon’s case and its journey to application in Indian cases. The Mischief rule as traced back to the Heydon’s case is one of the oldest rule of statutory interpretation. It has found application in a number of cases not just in the British context but also in the Indian scenario. The mischief rule has been applied to different kinds of statutes in the Indian precedents to remedy different kinds of mischiefs beginning from the Bengal Immunity case where an act of the State legislature was in question and extending to application in the commercial laws of the State like the law relating to taxation and negotiable instruments. The paper focuses on the variety of cases in which mischief rule has found application. The study also focuses on the extension of the mischief rule as the purposive interpretation.1,698 views -
Patents and Pills: How IPR and Competition Law Work Together to Provide Equal Access to Medicine
Student at Amity University Chhattisgarh, IndiaPages 1022 - 1028This article analyses the role of Intellectual Property Law (IPR) and Competition Law in promoting access to medicines, with a particular focus on their complementarity. Despite being seemingly at odds with each other, the article argues that both legal frameworks can promote innovation, protect consumer welfare, and ensure fair and transparent competition. Specifically, competition law can intervene to ensure that the patent holder is not abusing their exclusive rights, promote fair licensing practices, and provide a framework for resolving disputes related to IPRs. IPRs, on the other hand, incentivize companies to invest in research and development, leading to new products and services and increased competition in the market. The article highlights the COVID-19 pandemic's importance in reflecting on the need for equal access to medicines and the critical role played by IPR and competition law in promoting it. The article concludes that a balanced approach that considers both legal frameworks is essential to ensure that the benefits of innovation are maximized while anti-competitive practices are prevented.850 views -
The Doctrine of Specific Performance under the Indian Contract Act: A Study of Judicial Interpretation
Student at Hidayatullah National Law University, IndiaPages 1029 - 1037This paper provides a comprehensive study of the doctrine of specific performance under the Indian Contract Act. The doctrine of specific performance refers to the judicial remedy of compelling a party to perform a contractual obligation, rather than awarding damages. The paper begins with an introduction to specific performance and its importance in contract law. It explains why specific performance is considered an equitable remedy and how it differs from damages. Next, the paper traces the history of the doctrine of specific performance under the Indian Contract Act, from its inception in 1872 to the present day. It examines how the doctrine has evolved over time and the key legislative and judicial developments that have shaped its interpretation. The paper then examines the legal requirements for specific performance under the Indian Contract Act. It analyses the provisions of the Act that govern specific performance and the key conditions that must be satisfied before a party can seek specific performance. The paper also provides an analysis of case law on specific performance in India. It discusses the various factors that courts consider when deciding whether to grant specific performance, and the various challenges and limitations that can arise in specific performance cases. Furthermore, the paper compares the doctrine of specific performance in India with that of common law and civil law jurisdictions. It highlights the similarities and differences in the legal frameworks and how they affect the use of specific performance as a remedy. The paper also examines the criticisms and debates surrounding the doctrine of specific performance in India. It discusses some of the common criticisms of specific performance, such as its potential for abuse and its impact on parties' freedom to contract. Finally, the paper concludes with an assessment of the implications of the doctrine of specific performance for contract law in India and offers some suggestions for future developments.1,765 views -
The Role of the Apex Court: Removing Constraints towards Empowering Women
Assistant Professor at Bongaigaon Law College, IndiaPages 1038 - 1045Indian women work a lot, but their work is predominantly at home in service of other members of their household. Women are an integral part of our society and have an important role not only for rearing a child from its birth but also the development of a man’s personality. In spite the fact that the women’s contribution to the progress of the country is not less to that of their male counterpart, still they experience a number of limitations that restrict them from realizing their potential growth. The framers of the Constitution were also well aware of in equal treatment meted out to the fair sex from the time immemorial. In our country the history of suppression of women is very old and long which is responsible for including general and special provision for upliftment and development of the status of women. However still various constraints towards attainment of empowerment of women and generating awareness among them regarding important areas, so that they are able to live their life in an efficient way.663 views -
Theories of Grant for Intellectual Property Rights
Department of Law and Governance, Vishwakarma University, Pune, IndiaPages 1046 - 1059Recent empirical studies and polls appear to have considerably reduced long-standing worries about the degree to which the patent system might be used to impede or slow access to research and innovation. IPRs' contributions to promoting research and innovation are, however, only indirectly supported by a relative dearth of data and direct proof. Intellectual property protection is presently in flux and living things used to be largely excluded from protection, but views are changing, and more and more getting some sort of protection. A wide range of intangible assets, including intellectual property, are entitled to protection with the idea that some works of human intelligence should enjoy the same legal safeguards as tangible or physical property. The word "intellectual property rights" refers to the general term for the assignment of property rights through patents, copyrights, trademarks, etc. Intellectual property rights are justified by the utilitarian theory on the grounds that it optimises societal benefits. Offering patent and copyright protection is viewed as a motivator that encourages disclosure by writers, artists, and inventors. Without such safeguards, creators and inventors would have to live in constant dread that society's members would steal their ideas and copy them without their permission. According to Locke's labour theory, which is an extension of the natural rights theory, property rights in intangible objects can be justified on the grounds that a person put forth labour to create the nebulous object. According to Hegel's personality theory, intangible concepts and expressions should be protected as property because they are an extension of the personality of the inventor or creator. Intellectual property is essential to the advancement of humanity from all the previously mentioned points. We can use intellectual property for a broad variety of purposes and it greatly benefits us in many different industries. In addition to fostering growth, intellectual property aids in the future developments in bioengineering will undoubtedly bring about a great deal more benefits for us, making it easier for us to live and survive.1,535 views -
The Impact of the Recent Pegasus Spyware Controversy on the Right to Privacy in India
Student at Adamas University, IndiaPages 1060 - 1067Pegasus is a Spyware developed by Israeli cyber-arms company NSO group that can be covertly installed on Mobile Phones (both Android and IOS devices). The spyware is capable of reading text messages, tracking calls, collecting passwords, location tracking, accessing the target’s device’s microphone and camera, and harvesting information from apps. It is a Trojan Horse computer virus that can be sent “Flying through the air” to infect cell phones. The Pegasus espionage scandal first surfaced in July 2021. NV Ramana, the former Chief Justice of India, presided over the bench that heard the plea in Supreme Court. The SC established a committee after many hearings under the leadership of retired judge Justice RV Raveendran to look into the allegations.6,588 views -
Settling the Conundrum: The Law of Anti-Suit Injunctions in India
Student at Mahindra University, IndiaPages 1068 - 1074An injunction is an adequate solution in the nature of a judicial order that requires a person to do or abstain from performing particular activities. It is a restraining order that prohibits either of the sides to an equitable litigation from doing or allowing people under its authority to commit an act that is unfair to the other side. An injunction expressly prohibits a certain sort of behavior. The Anti-suit injunction is a sort of court-issued injunction. An anti-suit injunction is an order made by a court to prevent further proceedings in another court. If a party violates such an order, the domestic court may issue a contempt of court order against that party. The following paper discusses and tries to settle the conundrum around the concept of Anti-suit injunction in India.946 views -
Revolutionising the Legal Industry: The Intersection of Artificial Intelligence and Law
Assistant Professor at School of Law, JECRC University, Jaipur, Rajasthan, IndiaPages 1075 - 1089Artificial Intelligence (AI) use in the legal industry has increased rapidly over the past decade. AI technologies, such as machine learning algorithms, natural language processing, and computer vision, have been applied to various legal tasks, including legal research, contract review, and prediction of case outcomes. While the use of AI in law has the potential to increase efficiency and reduce costs, it also raises concerns about privacy, bias, and accountability. This research paper provides an overview of AI and its applications in the legal industry. The article explores the benefits and challenges of using AI in law and discusses the ethical and legal implications of AI adoption in the legal system. Furthermore, the paper examines how AI could change the legal profession and the role of lawyers in the future. Finally, the report concludes with recommendations for policymakers, legal practitioners, and researchers on how to harness the potential of AI while mitigating its risks. As a result, it has become imperative for every requisite innovation to be socially desirable and justifiable. The use of AI in the legal system has the potential to improve access to justice, reduce costs, and improve the quality of legal services. However, it is important to address the legal and ethical concerns surrounding the use of AI in the legal system. The Indian government is taking steps to do this, and it is likely that we will see more laws and regulations governing the use of AI in the legal system in the coming years. Today, Artificial Intelligence (AI) is gaining popularity among people as it is able to solve many real-world problems first. AI is involved in many fields such as healthcare, business, and manufacturing. Given the huge expansion of AI in these sectors, more than participation in the justice system is needed. Many law firms still use modern technology and software in their work. They prefer to use something other than new technologies like AI to be more efficient and effective. AI allows lawyers to perform routine tasks and free up their time for other important and strategic tasks. This study presents how AI can help make law enforcement more effective and efficient. The present generation has seen remarkable developments in the field of artificial intelligence. The people in large numbers are accustomed to chat-bots and the usage of virtual personal assistants like Siri, Alexa and ok, and Google is increasing rapidly. The present generation has seen remarkable developments in the field of artificial intelligence. Virtual personal assistants such as Siri, Alexa, and Google are becoming more and more prevalent, and India has seen great success in implementing artificial intelligence within its various industries. In Chennai and Hyderabad, robots served and interacted with customers in English and Tamil in robot-themed restaurants. There was a robot in work by the police . In Ahmadabad, in the year 2018, a cardiologist performed the telerobotic coronary intervention on a patient from a distance of 32 km away to his place. The present paper explores the Legal personality of AI, privacy issues, benefits and drawbacks of AI and Law. Artificial intelligence has impacted nearly all aspects of human life, including the legal field. This paper explores the intersection of artificial intelligence and law, including the various applications of AI in the legal industry, such as legal research, contract analysis, and predictive analytics. It also examines the ethical implications of AI in the legal field, such as bias, privacy, and security concerns. Finally, this paper explores the future of AI in law and how it will continue to shape and transform the legal industry.1,676 views -
The Economic Uncertainty of Gig Workers and their Welfare in India: A Need for New Law
Assistant Professor at Crescent School of Law, IndiaPages 1090 - 1103The rise of the gig economy has brought about significant changes to the nature of work, providing flexible employment opportunities for millions of workers globally. In India, gig work has witnessed a remarkable surge, with platforms like ride-sharing, food delivery, and freelance services reshaping the labor market. However, this rapid growth has also exposed gig workers to various economic uncertainties and challenges that demand urgent attention. This paper explores the economic uncertainty faced by gig workers in India and the pressing need for a new legal framework to safeguard their welfare. It examines the current legal landscape, which often fails to provide adequate protection and social security benefits to gig workers, leaving them vulnerable to income volatility, job insecurity, lack of access to healthcare, and limited legal recourse. Drawing on international experiences and best practices, the study proposes key elements that should be incorporated into a new law for gig workers in India. These elements include defining gig work and worker classification, establishing minimum wage standards, ensuring access to social security benefits, and implementing mechanisms for dispute resolution and collective bargaining. By shedding light on the economic uncertainty faced by gig workers in India and advocating for a new legal framework, this research aims to contribute to the ongoing discourse on labor rights and social protection in the gig economy. It underscores the importance of acknowledging gig workers' contributions to the economy and calls for comprehensive measures to address their vulnerabilities, protect their rights, and promote their overall well-being in the evolving world of work.1,342 views -
The Fiasco of the ‘League of Nations’ Which led to the ‘United Nations’
Student at Jindal Global Law School (JGLS), IndiaPages 1104 - 1113Wars and conflicts were prevalent in the international system before the establishment of international institutions and governments. These organisations were created to provide rationality and bring peace to the world. One of the most catastrophic tragedies in history shook the international system. As Held 1 pointed out, the First World War portrayed a number of issues in the international system that no one country could resolve on its own. The alleviation of the consequences of wars required cooperation between nations. Thus, the atrocities of World War I (1914–18) became the seed for the formation of The League of Nations. The League of Nations, established during the 1919 Paris Peace Conference, was the first organisation of sovereign states intended to be global and committed to the resolution of conflicts and the avoidance of war. The League of Nations was discredited because it was unable to employ the lessons of World War I to avert future wars and conflicts, including the Second World War, which resulted in immense losses among both military personnel and civilians. Nevertheless, the League’s inability to avert the Second World War did not quash the idea of the need of a worldwide organisation. Instead, it fostered a will to improve upon previous global institutions in an effort to keep the peace in the future. This paper will look at how these two international groups stack up against one another.1,303 views -
Comparative Study between India and European Union [EU] on Performers Right to Single Equitable Remuneration and Exploring Issues Related to Performers of Traditional Cultural Expression
Assistant Professor at B.S. Anangpuria Institute of Law affiliated to MDU University, Alampur, Faridabad, Haryana, IndiaPages 1114 - 1126Copyright Law protects the rights of performers like actors, singers, and dancers, by giving them certain rights, one of which is, right to get remuneration for their performance, for example when a singer performances a song in a studio, and when such performance is recorded and communicated to the public, the singer also has a right to get remuneration because the sound recording includes singers contribution also. To ensure that such performers get their due compensation, under the WPPT under Article 15(1), performers are given single equitable remuneration for communication of their work. But under Article 15(3) of WPPT, it is provided that any member nation has the option to not apply this provision in their national law. India used this provision and decided to not apply the single equitable remuneration to the performer provision of WPPT. This research work analysis the reasons behind India’s declaration while adopting the WPPT and its implication on performers’ rights. A comparison with European Union Legal Framework is done regarding Stand on Grant of ‘Single Equitable Remuneration’ To Performers. For comparison, EU is taken because they provide for equitable remuneration which India has mentioned it would not provide, so the author would compare the implication on performers rights in both jurisdictions and this would help to find the reason behind India declaration for not providing single-equitable remuneration to performers in India. Then the second part of the research work finds out the issues related to traditional cultural expressions and its implication on performers of TCEs and also those authors/performers who uses them and apply them in contemporary and modern songs. For this Baadshah ‘Genda Phool’ copyright dispute case is used specifically to show how modern artists affect the traditional folklore and the rights of the author of such folklore which come under TCEs.932 views -
Role of Social Media in Corporate Governance
LL.M. Student at School of Legal Studies REVA University, Bangalore, IndiaPages 1127 - 1135Social media revolution the way people communicate and interact with each other. The impact on commerce, politics and civil society is unquestionable. Business has the opportunity to harness the power of social media to grow and increase revenues by targeting and embracing these new channels. There are multiple reasons for the popularity of social media. It is very convenient because it can be accessed by mobile phone while on the-go. Social media is central to the spread of breaking new to the shaping of opinions because all sides of any story or argument can be expressed and discussed. In the digital age, reliance on top-down, one-way and faceless company communications is outdated. Companies have learnt that it is pointless reacting to what’s happening on social media by issuing a traditional press release the following day. The concept of Social media governance is all about understanding the risks which social media poses to one’s organisation and having confidence that one could appropriately manage them. Use of social media by people and organisation is increasing rapidly and the potential benefits of a successful social media strategy are significant. But availing the freedom of social media experience within sensible boundaries is a question of the hour. Marketing departments are well aware that social media is the modern word-of-mouth. It is used for launching new products or services, and for the accumulation of customer data which allows companies to target their adverts. Online customer reviews are what really determines success or failure. This feedback is regarded as reliable and authentic, so positive reviews are priceless for companies. Reviews may be in the form of star ratings and appear on comparison websites. The perceived risks of social media need to be kept in perspective because reputational crises already occurred An effective social media strategy and governance would be of an overall social media assessment, a clear social media strategy, consistent social media policies, an awareness program and professional social media monitoring. If these are well designed, and successfully meshed with data loss prevention, data analysis and end-user protection, the resulting governance enables organizations to leverage their use broadly, helping to lower risk and protect the brand. Ultimately helping the organization and its employees gain valuable insights into customer perceptions of an organization’s goods, services and brand. While defining the role of social media in applying good corporate governance practices and the opportunities it generates in corporations, there are also various new potential challenges associated thereto with the usage of social media. The real time research problem related to this aspect is the kind of unawareness and ignorance corporate personnel have about the consequences of potential challenges in terms of data security, privacy concerns, IT risks and thereby not addressing them promptly and at the earliest. Hence a more holistic and enterprise-wide effective social media governance strategy is needed to tackle this out.1,703 views -
Comparative Analysis of the Death Penalty: The Historical Perspective and the Methods of Execution
Student at Lloyd Law College, IndiaPages 1136 - 1154This paper contends that the death sentence is a type of punishment that should be acknowledged by the society. This research paper analyses the position of death punishment in India, the United States of America, and the United Kingdom. It also describes the execution methods of the past as well as the present in the United States of America, the United Kingdom and the rest of the world. This research paper provides a thorough examination of the death penalty in India. Furthermore, this research paper discusses the constitutionality of the death penalty in the United States of America and, in particular, India. Moreover, It also examines the initial persons who were executed using different methods of death penalty. Lastly, It also examines the last death executions in the United Kingdom (UK).1,349 views -
State as a Shadow: A Critical Analysis in Disparities in the Judgements related to Article 12 after Pradeep Biswas
Student at Himachal Pradesh National Law University, IndiaPages 1155 - 1160This is about the perspectives, in relation to the judgements pronounced by the Supreme Court, post 2002 in the context of Art. 12 of the Consti and how the journey of defining the extent and limit of the “State” has affected the field for private players and making it easier for them to evade responsibility. The narrow approach adopted for defining the “State’ in Pradeep Kumar Biswas case and the later followed contradicting judgements by High Courts affecting the field of for example, education & higher education in India. The impact of public-private partnership in education sector, the marketing of education as a commodity, State hiding in the shadows and being lethargic in holding private players accountable for violating fundamental rights has been also considered and observed.789 views -
The Relational Paradox between Mental Derangement & Criminality
Student at Reva University, IndiaPages 1161 - 1164For long it’s been argued that derangement in mental faculties causes one to lose rationality, however its relationship with criminality, and the treatment of same in legal field is called into question multiple times. Its cannot be pointed out with certainty that if one is a suffering from mental illness, the result action of his behaviour is only crime. There are two sides to this paradox, primarily that in most cases mentally ill are victims and secondly that in some extreme of cases it might lead to creation loss of ability to judge between good and bad causing one’s personality to erode over time and commit actions that seen to them to be mostly moral and legal but aren’t in the contrary. With this given the question is how law treats the offenders, while in most cases insanity refers to legal insanity and law doesn’t merge with needlessly curtailing liberty of an individual just because they don’t fall within the mental ability of sanity. Its also pertinent to note that legal insanity is defined very narrowly and doesn’t include insanity in general but that which exists at the time of commission of offense, not before or after. The article seeks to explore the status and draw meaningful conclusion from the it. It checks through the legal provisions and tries to understand the mental status of a person and show the duality of the situation to present the problem to the society.789 views -
Corporate Social Responsibility: A Legal Framework
Student at Amity University, Patna, IndiaPages 1165 - 1173The concept of corporate social responsibility is now widely acknowledged as a tool for attaining a company's long-term development objectives. Corporations can no longer be limited in their use of society's resources; they must be socially responsible corporate citizens who contribute to the common good. Nowadays Indian firms have evolved transcend philanthropy to prioritise every stakeholder. All financially driven business actions must take into account both social and environmental effects. With the Companies Act of 2013, the Indian government adopted a legal strategy to restructure the connection between business and society through required CSR initiatives. Corporate Social Responsibility is increasingly a reality in India. Businesses in India have realised that in order to achieve sustainable development, they must take into account not just the economic, but also the environmental and social implications of their operations. The current research article examines key components of the new CSR regulation. Why and how should corporations support social welfare and economic growth in their home nations, as well as the possible advantages of CSR for enterprises.1,640 views -
How does ADR Mechanism Work in Consumer Dispute Settlement & Accidental Claim?
Student at Amity University, Patna, IndiaPages 1174 - 1181Mediation and conciliation are the non-adjudicative approaches to ADR, which primarily envision a client centric process with the view to air grievances with a neutral third party to facilitate communications. Arbitration, however, “emphasises rights and applications of law,” and an ultimate finality with the decision of the appointed arbitrator. While there are certain key differences with regard to these processes, it seems to be the primary focus of these to increase communication between the parties, offer a degree of privacy and further reduce the burden on the courts. Keeping this in mind, and the fast-paced climate with which many businesses operate, the imperative of having an effective, speedy and private mechanism of dispute settlement is crucial. ADR provides the most viable alternative, keeping in mind the status of civil litigation as it is today.696 views -
The Dynamics of Rape in the Modern World
Student at Reva University, IndiaPages 1182 - 1185Rape is a grievous offense. It is inherently harmful and may have serious repercussions for victims. It has been happening across cultures since the beginning of time. It has been misrepresented and disregarded far too frequently. Rape is a multifaceted, complex problem. It is one of the most contentious topics and presents a problem for modern thinking. Perhaps the most underreported crime is this one. However, despite changes in the law, investigational practice and procedure, prominent media coverage, and victim support services, it is on the rise. However, very few offenders are prosecuted, and the victims are frequently held accountable for the crime. Rape is a significantly more complicated issue to address than most other crimes.782 views -
Analyzing the 103rd Constitutional Amendment
Student at School of Law, Christ (Deemed to be University), IndiaPages 1186 - 1192Amendment of Constitution of India, is making changes to what is written in the constitution. The method or process is given in Part XX (Article 368) of Indian Constitution. This provision given in the constitution helps to maintain sanctity of the constitution and helps to keep the powers of Parliament in check. As of now the Constitution of India has already been amended 105 times. The first amendment of the Constitution took place on 18th June, 1951. In this numerous sections of the Constitution were amended including Article 15, 19, 85, 87, etc. Here we would be dealing with the 103rd amendment of the Indian Constitution. The One Hundred and Third Amendment of the Indian Constitution, officially known as the Constitution (One Hundred and Third Amendment), Act, 2019. It got its assent on 12th January, 2019 and commenced from 14th January, 2019. This amendment introduced 10 percent reservation for Economically Weaker Sections (EWS) of India. It was brought in for giving admission to this class of people to Central Government run institutions and also the private institutions. The exception to this list was institutions run by minority groups.1,706 views -
Directive Principles: A Comparative Study of Irish and Spanish Constitution with that of India
Advocate at Bombay High Court, IndiaPages 1193 - 1202This abstract discusses the historical background and comparative analysis of Directive Principles of State Policy (DPSP) in the Indian, Irish, and Spanish constitutions. It begins by highlighting the Sapru Committee's recommendation in 1945, which categorized Fundamental Rights as justiciable and non-justiciable, with the latter forming the basis of DPSP in India. The influence of the Government of India Act, 1935, and the Irish constitution is discussed, emphasizing the incorporation of principles of DPSP.The objective of DPSP in Ireland, derived from Spanish DPSP, is outlined, focusing on its non-enforceability but moral obligation for the state to implement social goals. The common goals of justice, liberty, and equality are identified across all three countries, as DPSP aim to achieve socio-economic alignment and promote welfare by ensuring social order, legal aid, and equal rights for all citizens. The abstract concludes by acknowledging both similarities and differences among the DPSP in these nations, emphasizing the importance of a comparative study to understand their respective approaches to achieving social welfare1,704 views -
Women and the Law: Protective Laws from Human Trafficking and Sexual Harassment
Student at St. Joseph's College of Law, IndiaPages 1203 - 1222Though the heading of this paper aims to focus on human trafficking and sexual harassment, the author has taken this opportunity to lay down the historical aspects on how violence against women arose and why it is still persistent today. This paper talks about many similar topics ranging from women in the Vedic Age to pornography to case laws that paved the way for today’s legislations on laws protecting women.726 views -
Public Opinion on Efficiency of Drugs and Magic Remedies Act, 1954 in Present Indian Scenario
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, Tamilnadu, IndiaPages 1223 - 1235Media has a profound effect over the masses to shape and mould the ideas regarding any product. Thus it is an essential tool for mass awakening and welfare of the public at large. But regarding drugs this tool of advertisement should be very meticulous. If the pharmaceutical companies are permitted to publicize the medications, at that point it prompts self prescription and the general public needs to confront the threat of adverse impacts for a long lasting time. The main objective of this study is to understand the effectiveness of Drugs and Magic Remedies Act and to interpret the significant difference between the influence of magic remedy advertisements and age of the respondents. For the purpose of this study empirical research is used to accurately portray the public opinion on efficiency of drugs and magic remedies Act, 1954 in present Indian Scenario. 506 samples have been collected using a convenient sampling method. Independent variables used in the research are age, educational qualification, occupation and marital status. Dependent variables used in the research are awareness of drugs and magic remedies Act, frequency of advertisement, influence of drugs and magic remedies, superstitious beliefs, social influence, other’s experience, advertisements. The statistical tools used in the research are graphical representation and correlation. The findings of this study suggest that advertising plays a crucial part in consumer preference. A potential advertisement would impel the buying need by techniques for pulling in the purchaser’s consideration. Regardless of the current enactment prohibiting the advertisement of drugs in certain diseased conditions, worthwhile advertisements of drugs and magic remedies are openly streaming in the Indian broad communications now-a-days. These advertisements charm the helpless consumers in this way expanding the danger of self medication in the society.989 views -
Elimination of Public Notary’s Role and Functions in the Establishment of Individual Companies in Indonesia
Graduate Student at Universitas Pelita Harapan, Tangerang, IndonesiaPages 1236 - 1244In its effort to overcome investment barriers and provide ease of doing business for the investment climate in Indonesia, the Government of Indonesia passed Law Number 11 of 2020 on Job Creation which was later revoked by Law Number 6 of 2023 concerning Stipulation of Government Regulations in lieu of Law Number 2 of 2022 Concerning Job Creation to Become Law (“Job Creation Law”). One of the statutory provisions that was also amended by the Job Creation Law is Law Number 40 of 2007 on Limited Liability Companies (“Indonesian Company Law”). One of the changes made in the Indonesian Company Law as amended in the Job Creation Law is the introduction of single-person limited liability company that meet the criteria for micro and small businesses (“Individual Company”). Unlike the common limited liability companies which are established by at least 2 (two) founders, the Job Creation Law provides an exception for Individual Company which can be established by 1 (one) founder. Furthermore, the establishment of an Individual Company is also not required to be stated in a notarial deed, but simply by filling out a Statement of Establishment. It can be said that the purpose of this provision is to provide convenience for the founder of an Individual Company, in which the founder does not need to pay extra for making a deed of establishment before a notary. However, it should be understood that the role of the notary is very important, apart from making authentic deeds that have perfect evidentiary power, the notary also plays an important role in ensuring the legality of each document presented by the founder. This provision provides room for rampant criminal acts of fraud and/or counterfeiting. It is hoped that the Job Creation Law can become a legal basis for business actors, by providing ease of doing business and investment. However, if these provisions only prioritize convenience without heeding the principles of legality, supervision and legal certainty, then it might cause a negative impact in the future.823 views -
Revisiting Wildlife Laws of Bangladesh
Legal Advisor at Wildlife Conservation Society, BangladeshPages 1245 - 1258Bangladesh has a rich heritage of wildlife as well as long history of its conservation. Efforts for protection of wildlife in Indian subcontinent seem to have been initiated as far back as 242 B.C. when Emperor Ashoka passed laws for the protection of forests, birds and animals. The erstwhile British government made laws for conservation of forest and wildlife. It is often criticized that the British adopted legislations for earning revenue, but the early British efforts is also regarded as a primary step towards protection of forest and wildlife. During Pakistan period few rules were made for wildlife conservation. In independent Bangladesh the newly formed government realized the importance of wildlife conservation and passed laws accordingly and established a wildlife circle within the Forest Department. Of late the Bangladesh has added constitutional provision for conservation of forests, wildlife and biodiversity and promulgated the Wildlife (Conservation and Safety) Act, 2012. Thus wildlife conservation has got momentum in Bangladesh. This article briefs evolution of wildlife laws in Bangladesh and some issues raised by the field officers that seem to hinder optimum enforcement of the Act.942 views -
Representation of Jharkhand Movement in India
Teacher at Middle School, Kishanpur, Chatra, Jharkhand, IndiaPages 1259 - 1268Jharkhand movement in India has golden specie in the books of Indian history. The adverse effects of Jharkhand movement has been seen in multiple social issues and seating. Subsequently, this movement brought the numerous challenges for indigenous people, in pursuance to same, the present study was intended to explore the agricultural policies and property right in consonance to Jharkhand movement. Keeping the evidence of secondary sources under consideration the researcher found that migration policy itself, as well as in the substantive issues that migration affected: property rights, forest policy, agricultural policy and industrial policy. Each of these specific policy areas was very much resource-based. Each generated contests over defining ‘economic and social resources’ as well as contests over distribution over those resources. Each divided ethno-national groups as well as forged coalitions among members of different ethno-national groups. Besides, it was found that Third, the state government’s consistent approach to the region focused more on migration (as a means of diffusing potential social conflict in northern Bihar) than on promoting good economic or social conditions in the Jharkhand area. This was true in migration policy itself, as well as in the substantive issues that migration affected: property rights, forest policy, agricultural policy and industrial policy. Each of these specific policy areas was very much resource-based. Each generated contests over defining ‘economic and social resources’ as well as contests over distribution over those resources. Each divided ethno-national groups as well as forged coalitions among members of different ethno-national groups.843 views -
Indian & International Contribution towards Women Empowerment
LL.M. Student at Amity University, Noida, UP, IndiaPages 1269 - 1303Women in our country almost constitutes one half of total population. We can measure development of a state by position of its women. However, in modern times, women are considered as weaker section because of their economic, political and social backwardness. In previous years, the footing and position of women in society has changed considerably. Undoubtedly, women empowerment and gender equality plays an important role in national s well as international progress. Variety of legal reforms and grassroots initiatives played an important part in strengthening status of women especially in India. From satisfying International Conventions to implementing National policies, India has its share of highs and lows in terms of Women Empowerment. However, Constitution of India has express provisions favouring gender justice but Indian judiciary over the years tried to fill gaps in between. With changing times, there is a continuous need to protect women rights without any discrimination. In many instances, Indian judiciary acted as a guardian or protector of women rights in circumstances where legislation fails to administer justice. Many judicial precedents have been established by the Superior Courts to secure women rights at work place or at home or at any sphere of society. Unlike Legislations, Judicial precedents helped in tackling gross gender injustice problems in hand. Courts on various occasions has strike down legal provisions in conflict with gender justice. For instance, Indian judiciary has always opted for equal inheritance rights of properties in succession. India possess a variety of Legislations framed especially focussing on women empowerment. But these legislations can be easily violated due to their lack of implementation and due to prevalence of male dominated society. In such scenarios, role of Indian Judiciary comes into picture as a watchdog or guardian. Indian Judiciary tries its best to implement these legislations in its full extent. Indian judiciary from time to time, exercised and evolved its jurisdiction with creativity to achieve goal of women empowerment. Powers of SC are of widest amplitude when it comes for implementation of constitutional rights. Recently, President Ram Nath Kovind also stressed on increasing involvement of women in judiciary.773 views -
An Analytical Study in Legality of Sex Workers in India
Student at Sastra Deemed University, IndiaPages 1304 - 1316Sex work is frequently associated with ideas of compulsion, poverty, misery, and a lack of agency; nevertheless, research reveals that sex work in India is more diversified than these common representations. Prostitution, which is simply a sex trade, is a common occurrence in India; yet, we in acculturated society don't dither to prevent the legal presence from claiming this profession; in fact, the vast majority of us are unwilling to give it legal standing. Regardless of the fact that the Hon'ble Supreme Court of India has signalled in many judgements that this calling should be legalised in India. Currently, our country's main issue is a massive increase in the number of assaults, and legalising prostitution would be a step forward in combating assault. Aside from that, legalising prostitution will help to reduce the number of occurrences of child trafficking. The Universal Declaration of Human Rights, 1948 states that “All men are born free and are equally entitled to have their basic human rights.” This paper analyses the People thought about the legalisation of sex work in India. From the conception of marriage, sex work has been in Indian society and is as old as civilisation itself. Sex work is now often associated with violence, prejudice, and exploitation. No matter if it is legal or illegal, prostitution will always exist. So, it is preferable to confront the issue at hand and perhaps come up with solutions to the issues that women and children involved in prostitution suffer.1,005 views -
A Study on Privatisation of Public Sector Enterprises and Its Impact on Indian Economy with a special reference to Salem Steel Plant
Student at School of Excellence in Law, Chennai, IndiaPages 1317 - 1357India is among the top eight countries in the world with a large number of Public Sector Enterprises (PSE) that play a key role in economic development of the country. At the same time, several PSEs are loss-making units and are plagued by operational inefficiencies. This has vigorously pushed the government to privatise the PSEs. In this context, this paper examines the causes for privatisation of PSEs in India and also provides suggestions on how to prioritize and address them. It also tries to analyse the impact of privatisation of PSEs on the economy and its consequences on its employees. The paper calls for further research on the privatisation of Salem Steel Plant which is a special unit of Steel Authority of India Ltd. based on the opinion of its employees.854 views -
Analyzing the Forest Regulation and Legislative Framework Post-Independence Era
Secretary at WKBSM, NMIMS's KMPSOL, 2021Pages 1358 - 1365Forests are crucial to Earth's life. They cleanse the air we breathe, filtrate the water that we drink, prevent soil erosion; also, serve as a critical buffer against climatic changes. Till, the year 1976 forest came under the state list. According to the Forest Act of 1927, forests are under the supervision of forest departments. The 42nd Amendment to the Constitution chose to add both forests and animals to the Concurrent list due to their importance, bringing them under the control of both the Central and State governments. The States and the Centre can now enact legislation on matters pertaining to forest areas and wildlife protection. The author in this Art has explained the evolution of the forest laws post colonial era. In this Art emphasis is also given on forest rights. There has been lack in regulation of forest rights. The author has analyzed the laws that are made for the protection of forest and its implementation in current scenario. The author has also discussed the movement in brief that led to development of forest laws. Along with this the author has pointed the loopholes of forest bureaucracy in implementation of various acts and policies. The author has given suggestions pertaining to protection of forest and wildlife through forest right act.750 views -
Comparative Study between Contract of Indemnity and Guarantee vis-a-vis Provisions of U.K. and India
Student at NMIMS, Bangalore, IndiaPages 1366 - 1399This research paper aims to find the basic difference between contract law in India and in common law countries regarding the subject of guarantee and indemnity contracts. Both these contracts are highly essential components of the "Indian Contract Act, 1872", which simplified and reduced the amount of risk involved in business transactions. This research paper explains Sections 124, 125, and other sections and compares them to the English Common Law. It talks about how the primary objective of indemnity is to relieve the promisee of responsibility for any and all losses or damages that they have incurred or suffered because of the act of the promisor itself or some other party. It also talks about the contract of guarantee which allows a principal debtor to get credit from the creditor because he knows that the surety will pay back the credit in case the principal debtor doesn't. It shows the important parts of indemnity and guarantee that are needed while drafting a legal contract. Cases from both countries have also been used by researchers in this research paper to make the comparison clearer and more effective. The main reason why the English Common Law system was chosen was that India also uses the Common Law system. Throughout this study, we have attempted to demonstrate how this statute impacts these two principal democracies (India and U.K.) which do the same task in several ways. Researchers have tried to show how indemnity and guarantee work in these two democracies and what is essential and important about them. In this research paper, the differences between these two countries are made clear.1,924 views -
Hadley v. Baxendale: Critical Analysis
Student at NMIMS, Bangalore, IndiaPages 1400 - 1421In the construction of a contract, there is a wide range in contractual provisions that deal with delays and their consequences. Several such contractual provisions are examined in this paper, and their legal interpretation is examined. The older forms’ wording reflects the way the courts have interpreted them, as well as their history. Newer forms use different language, but their goals are the same-to allocate contract risk in a clear and efficient manner. According to contract law, a party can only be held liable for losses that occur in the normal course of things or that can be reasonably presumed to have been in the contemplation of both parties at the time the contract was made, as set out in the English case of Hadley v. Baxendale. In this paper, we use a formal model to examine the impact of this limitation on contract damages. One is the Hadley limit on liability, and the other is an unrestricted liability rule. Section 73 of the Indian Contract Act, 1872, dealing with unliquidated damages is the main essence from the landmark case of Hadley v. Baxendale case law, here the two rules were established through the judgement which are reinterpreted in the section 73 of the Indian Contract Act, 1872, which specifically talks about general and special damages and on what grounds they are granted. The case also talks about remoteness of damages which states that for the purposes of compensating losses caused by contract breaches, 'remoteness of damages' is defined as the legal standard for determining which damages are compensable, it provides that the party suffering from the breach may only seek consequential damages if both parties were aware of the likelihood of arising of such losses.2,042 views -
Critical Analysis of Bail Trends Prevalent in India in Comparison to Other Jurisdictions
Student at NMIMS, Bangalore, IndiaPages 1422 - 1454This study seeks to identify the fundamental distinctions between India and other countries in relation to laws relating to bail. Bail is the release of a guilty individual in exchange for a personal bond or assurance that they will abide by the court's rules and show up for court appearances. It is not necessary to keep someone in custody for an indefinite amount of time just because they are charged with a crime. Bail enhances individual liberty and societal interests. A bail-out defendant has more time to prepare and present his case than a remanded defendant. If public justice is to automatically advance, detention must be reduced where there is no fear of disappearance because it costs the public a lot. Judges must weigh fair, humanitarian, and statutory factors before denying bail If the courts have cause to believe the defendant will not come for trial or if it is not in the public interest to offer him bail, he should be released from jail so that he can prepare his defense. But, if it is not in the public interest to give him bail, he should remain behind bars. The decisions made about bail in different countries fluctuate significantly. In comparison to other countries, the notion of bail used in India will be critically examined in this research article. The goal of this study is to show how other jurisdictions approach the same issue in various ways while also highlighting the distinctions between these nations.2,415 views -
Analysing Shareholders Agreement Encompassing Restrictions on Free Transferability of Shares and their Enforceability with regards to the Articles of Association
Student at Jindal Global Law School, IndiaPages 1455 - 1463The Shareholders of a Company enter into a consensual agreement through the Shareholders Agreement pertaining to internal management of the Company and transfer of shares. The enforceability of the Shareholders Agreement depends on the charter documents of the company, especially the Articles of Association. While the enforcement of a Shareholders Agreement may seem like an enforcement of any other contractual agreement, such is not the case. It is commonly observed that the SHAs contain provisions that the AoA does not address. Additionally, SHAs represents the mutual understanding of shareholders and detail provisions for share transferability that they AoA may be silent upon. The friction between the AoA and SHAs results is witnessed by the Courts wherein the enforceability of the SHA is disputed. This paper demonstrates the judicial trends pertaining to the conflict in India and suggests the way forward in dealing with such disputes.801 views -
An Exposition on the Varied Tapestry of Regulatory Frameworks Governing Price-Sensitive Information and Market Manipulation Laws: A Trilateral Dissection of the USA, UK, and India
Student at Amity Institute of Advanced Legal Studies, Amity University, Noida, IndiaPages 1464 - 1478This scholarly exploration ventures into the deleterious impact of the vile practice of insider trading on the economic substratum and the expansive macroeconomic panorama of India, adroitly highlighting the corrosive influence it exerts on the bedrock of trust in our marketplace. The exposition sheds light on the immediate aftermath, a sinister spectacle that includes the distortion of market efficiency, the precipitous decay of investor trust, and the emergent landscape where a privileged cohort exploits the unassuming majority. The analysis further delves into the indirect reverberations, marked by a contraction in market liquidity and an upswing in risk, as investors, shackled by fear, withdraw their capital, or adopt a cautious approach to future investments. Our treatise ventures beyond merely quantifying the pecuniary damage inflicted by insider trading, to scrutinising its broader implications on the pulsating rhythm of economic growth, particularly its potential to deter the flow of foreign direct investments, thereby undermining India's charisma as a lucrative investment destination. We traverse the intricate labyrinth of regulatory edifices erected to curtail insider trading in India, raising questions about their efficacy, and thereby underlining the pressing need for more stringent enforcement of existing laws, elevation of corporate governance standards, and an amplification of investor awareness. The discussion also meanders into the realm of price-sensitive information in the US, UK, and India, dissecting their respective regulatory mechanisms and their bearing on the retail investor community. This probe, thus, emerges as a comprehensive compendium of the multifarious repercussions of insider trading, advocating for strategic countermeasures to bolster the robustness of India's capital markets, and assure their sustainable progression. We beckon policymakers, regulators, and stakeholders to collaborate in an orchestral endeavour to erect a formidable bulwark against this pernicious practice and secure the future trajectory of our financial landscape.648 views -
An Overview of Cyber Crime Laws in India
Student at Babasaheb Bhimrao Ambedkar University, Lucknow, IndiaPages 1479 - 1485Cybercrime has become a significant problem in India in recent years. With the proliferation of technology and the internet, cyber criminals have found new ways to exploit unsuspecting victims for financial gain or personal information. This abstract provides an overview of the current state of cybercrime in India, including the types of cybercrime, the causes, and the measures being taken to combat it with critical analysis of Cybercrime in India.868 views -
Deliberate Discussion on Parliamentary and Procedural Control of Delegated Legislation
Student at Amity University, Patna, IndiaPages 1486 - 1494Government intervention has almost permeated every facet of human endeavour in the modern Welfare State, prompting the introduction of numerous laws to rein in this steadily growing activity. Delegated legislation is required because the Legislature lacks the time to analyse, discuss, and adopt all the regulatory actions required to carry out the law that has been approved. Laws must be flawless in all technical aspects since the process of establishing laws has become complex and technological. Legislation that has been delegated simply means that it has been created with the consent of the legislature but by someone or something else. In India, the legislature has extensive delegation powers, although these powers are limited in order to prevent excessive delegation. The majority of the legislation is bureaucratic and is carried out by executives. Thus, creating a need of controls over delegated legislation as it is crucial to ascertain that the executive is not to be able to act arbitrarily. This study attempted to analyse two forms of control mechanisms i.e., Parliamentary and Procedural control over delegated legislation.1,025 views -
A Study on the Problems and Challenges of Lok Adalat System in India
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), IndiaPages 1495 - 1500This paper aims to explore the study on the issues and challenges involved in the functioning of the Lok Adalat system in India.Lok Adalat is considered to be the people's court and it is an alternative dispute resolution mechanism used in India. Lok adalat functions and runs on the basis of Gandhian principles.It is a forum where pending cases from the court or at a pre-litigation stage in a court of law, are settled being settled amicably. It is statutory authority governed under the Legal Services Authorities Act, 1987. The system is now filled and lacunae are in the functions, administration and justice delivery system in Lok Adalat. This lacunae is not not found and ruled out in the limelight. It’s prevailing and has become a threat to society. The present system is going against and ruining the functions of Gandhian Principle. It’s absolutely true that “Justice delayed is justice denied”, it is also true that a hurried justice is justice buried.This paper mainly deals and elucidates the challenges and issues involved in Lok Adalat system and suggests ways to improve the lacunae and flaws of the system.1,565 views -
Prospect of Death Penalty in Corruption Offences Social Assistance Funds in Indonesia
Faculty of Law, Universitas Sebelas Maret, Surakarta, IndonesiaPages 1501 - 1511This legal writing aims to describe the prospects for the application of the death penalty in the crime of corruption of social assistance funds committed by Juliari P Batubara, the former Minister of Social Affairs, who based on the Central Jakarta District Court Decision Number 29/Pid.Sus-TPK/2021/PN Jkt.Pst, was sentenced to 12 years in prison. This research is a normative legal research. Based on the results of the study, it is concluded that the prospect of applying the death penalty in corruption cases should be quite large considering that the corrupt practices committed by Juliari P Batubara were carried out during a state emergency when the country was fighting the Covid 19 Pandemic, and also corrupt practices were carried out against funds that were actually intended to help people affected by the Covid 19 Pandemic. Therefore, Article 2 Paragraph 2 of the Anti-Corruption Law should be the basis for the prosecutor's demands and judges' considerations, which in its provisions state that the death penalty can be imposed on corruption crimes committed in certain circumstances, which the Elucidation of the Article explains that certain circumstances that can be given the death penalty in the Anti-Corruption Law are "circumstances that can be used as reasons for aggravating the crime of corruption if the criminal act is committed against state money intended for overcoming a state of danger, national natural disasters, overcoming the consequences of widespread social unrest, overcoming the economic and monetary crisis, and repeating corruption crimes".821 views -
Formation of Job Creation Legislation in Indonesia based on Democratisation of Law Making Processes
Faculty of Law, Universitas Sebelas Maret, Surakarta, IndonesiaPages 1512 - 1527This study aims to discuss the making of work copyright laws in aspects of Indonesian society which are seen as not in accordance with the guidelines of the Indonesian people with the lack of community participation in the creation of the Perpu. The formulation of the problem is taken in writing this time; first, is the drafting of the Job Creation Law in accordance with democratic principles from a human rights perspective in a rule of law country; Second, how is the formation of the Job Creation Law based on the Perpu principle. This research method is normative combined with qualitative research. The results show that the formulation of laws on job creation is procedurally entangled in the process of forming laws and regulations, and encounters many objections from grassroots stakeholders such as workers and other groups. In addition, during the Perpu training on labor copyright law, in its preparation it did not use the Perpu training principles, but in each training there must be legal provisions, these provisions must exist so that later the practical application of the applicable law is formed without conflict. and objections from the parties.814 views -
An Ethical Consideration to Ensure a Girl’s Chastity in Practicing FGM: A Popular Fallacy
Assistant Professor at Central Law school, Salem, Tamil Nadu, IndiaPages 1528 - 1543Female Genital Mutilation (FGM) is a deeply rooted cultural practice that involves the partial or total removal of external female genitalia or other harmful procedures performed on young girls and women. It begins by exploring the historical context of FGM, tracing its origins to different regions of the world and examining the socio-cultural factors that perpetuate its practice. It then delves into the prevalence of FGM globally, highlighting the countries and communities where it is most prevalent and discussing the variations in types and severity of the procedure. The health implications of FGM are extensively discussed, encompassing both short-term and long-term physical and psychological consequences. Legal frameworks and international efforts to combat FGM are examined, highlighting the progress made in legislation, advocacy, and community-based initiatives. It explores promising strategies aimed at eliminating FGM, including education, community engagement, healthcare provider training, and collaboration between governments, NGOs, and grassroots organizations. It emphasizes the importance of a holistic approach that respects cultural values while prioritizing the rights, health, and well-being of girls and women. It aims to support ongoing efforts to eradicate FGM and promote the empowerment and dignity of girls and women worldwide.1,219 views -
The Scrutiny of Legal and Ethical Issues related to Cybersecurity and Data Protection
Student at Ideal Institute of Management and Technology and School of Law (GGSIPU), Delhi, IndiaPages 1544 - 1550Cybersecurity and data protection are critical issues in the digital age as individuals and organizations rely on technology to store and transmit sensitive information. The increase in cyber threats and data breaches highlights the need for legal and ethical measures to address these issues. This article aims to analyze the legal and ethical issues related to cybersecurity and data protection by exploring the challenges and opportunities presented by the evolution of digital technology. It analyzes the legal framework of cybersecurity and data protection, including international conventions, regional laws and national laws. It discusses the role of these systems in protecting individuals and organizations from cyber threats and data breaches. This article examines ethics in cybersecurity and data protection. It analyzes ethical issues related to the collection, storage and use of personal information and the impact of cyber threats on personal privacy and human rights. It discusses the ethical responsibilities of individuals and organizations to ensure cybersecurity and data protection, and the potential of ethics to meet these legal standard requirements in solving these problems. It also examines the use of cybersecurity and data protection in various fields, including finance, health and government. It highlights challenges and opportunities by analyzing the effectiveness of existing legal and ethical frameworks in dealing with cyber threats and data breaches through the evolution of digital technology. In conclusion, this article provides a comprehensive review of legal and ethical issues related to cybersecurity and data protection, emphasizing the importance of legal frameworks and ethics in solving the problems of the digital age. It explores the ethical responsibilities of individuals and organizations to ensure cybersecurity and data protection, and examines the potential of new technologies and processes to improve stable cybersecurity and future data protection.949 views -
Uncovering the Layers of Insurance Fraud in India: A Study of the Legal Landscape
Student at SASTRA Deemed to be University, IndiaPages 1551 - 1558Insurance can be described as a contractual agreement in which a company commits to offering financial protection in the form of compensation for specific losses, damages, illnesses, or deaths to a person called the “insured”. This assurance is provided in exchange for the payment of a predetermined premium. Insurance fraud takes place when an individual intentionally engages in activities with the aim of deceitfully obtaining an undeserved benefit or advantage, or knowingly denies a rightful benefit that someone is entitled to. India is a significant market for global insurance companies, however it’s worth pointing out that conducting insurance operations in the country comes with its fair share of risks. This is due to the disproportionately high number of fraudulent cases faced by insurance companies in the country. Fraudulent claims are a prevalent issue across all types of insurance policies, with life insurance policies being six times more susceptible to false claims compared to other policy types. Insurance fraud is a growing problem in India, with fraudulent claims costing the industry billions of rupees each year. To combat this issue, it is essential to understand the legal landscape surrounding insurance fraud in the country. This article aims to provide an in-depth analysis of the layers of insurance fraud in India and the laws and regulations in place to tackle it. By examining the different types of frauds and the preventive measures, this study sheds light on the challenges faced by insurers and the legal system in detecting and preventing fraud, as well as the need for greater awareness and education on this issue.1,148 views -
Unveiling the New Frontier: Cryptocurrency’s Legal Journey and Banking Regulation in India vs. Global Titans
Student at USLLS, Guru Gobind Singh Indraprastha University, IndiaPages 1559 - 1576This research paper explores the regulatory landscape of the Indian banking regime in relation to cryptocurrency. The study highlights the cautious approach taken by the Reserve Bank of India towards the adoption of cryptocurrencies, and the challenges faced in regulating this emerging market. The research also analyses the regulatory frameworks implemented in Singapore, Japan, and South Korea, and how these countries have addressed the risks associated with cryptocurrencies. The findings suggest that while India has been slow in adopting cryptocurrency, the other three countries have taken a more proactive approach towards regulating the market. The study also highlights the need for a comprehensive regulatory framework in India that addresses the risks associated with cryptocurrencies while promoting innovation and growth in the sector. Overall, this research paper provides valuable insights into the regulatory landscape of the Indian banking regime in relation to cryptocurrency, and how it compares to the regulations implemented in other countries.911 views -
Eco-Warriors in Robes: Indian Judiciary’s Proactive Approach in Safeguarding the Environment
LL.M. Student at ICFAI Law School, Dehradun, Uttarakhand, IndiaPages 1577 - 1590This research article examines the role of the Indian judiciary in ensuring environmental protection through public interest litigation (PIL) and the development of judicial principles. It provides an overview of the evolution of PIL in India, the constitutional provisions and environmental legislations, and landmark Supreme Court judgments that have shaped India's environmental jurisprudence. The article also discusses the establishment and functioning of the National Green Tribunal (NGT) as a specialized forum for environmental adjudication and the impact of judicial interventions on environmental protection. It concludes by outlining future prospects for the Indian judiciary's role in environmental protection and offering recommendations to enhance judicial effectiveness in environmental matters.769 views -
Freedom of Press and Its Impact in The Indian Democracy: A Critical Study
Advocate at District and Sessions Court, Idukki, Kerala, IndiaPages 1591 - 1604India is considered to be the largest democratic country in the world where the common man enjoys a lot of freedom and liberty in the form of fundamental rights which is being enshrined in the Constitution of India. The basic ideology of the democracy is to protect the will of the people and in order to protect the same, the ideas, suggestions and criticisms of the people should need to reach the government. But the problem lies regarding who will raise these criticisms or suggestions and through what ways they can bring this matter to the notice of the government. Here comes the role of media and importance of the free press which is very essential in every democratic society. The press is considered to be an agent who bridges the gap between the people and the government. Thus, it is very important to protect the rights of this press because these medias and press are considered to be the fourth pillar of our democracy apart from the other three organs of the government. So, especially in a federal nation like India, we should need to have concrete laws to protect the freedom of press. If there is no protection for the freedom of press, the government may suppress the common man to an extreme extent where the voice of this common people gets affected. The press plays a very prominent role not only as the one who speaks for the people but also as the carrier of information about the laws and policies established and implemented by the government to the common man. Thus, it is very essential to protect the freedom of press in India even though no provision in the Constitution explicitly guarantees it anywhere.1,056 views -
National Green Tribunal: A Conservator of Environmental Justice
Student at Nehru Academy of Law, Lakkidi, Palakkad, IndiaPages 1605 - 1616Environmental pollution has become one of the greatest quandaries in the modern world. Environmental damage caused by various human activities is leading to nothing short of a colossal catastrophe. Loss of biodiversity, ozone layer depletion, natural calamities, etc are just a few of the startling problems that will occur as a result of ecosystem destruction. Environment protection has become the need of the hour. If it is not treated seriously, it won’t be long until the earth is annihilated. International organizations have been making ardent efforts to ensure environmental protection. The effort put forward by India in achieving the goals of environmental protection and restoration is praiseworthy. Various authorities are being set up by the Indian government at the national, state, and regional levels to ensure the same. The National Green Tribunal is a specialized body set up under the National Green Tribunal Act, 2010, for handling environmental disputes and ensuring environmental justice. This research article aims to study and analyse the National Green Tribunal in India, its historical development, objectives, composition, the concept of sustainable development and environmental rule of law, and the landmark decisions passed by the National Green Tribunal.790 views -
Immigration Laws and Challenges in India: A Comprehensive Analysis
Student at University of Petroleum and Energy Studies, IndiaPages 1617 - 1622This article provides a comprehensive analysis of immigration laws and challenges in India. It explores the historical context of immigration in India, highlighting significant events such as the refugee crisis during Partition and the influx of Tibetan refugees. The article examines contemporary laws governing citizenship, visas, and foreign nationals' registration, emphasizing the distinction between immigration and temporary stays. The significance of immigration for India's economy and demographic changes is discussed, raising concerns about potential labour shortages and the impact on education and research sectors. Additionally, the article explores the historical context of illegal immigration, focusing on the influx of immigrants from Bangladesh and the challenges faced by the Indian government in handling this issue. The need for a robust legal framework for asylum seekers and refugees is emphasized, with a proposal for an Asylum Bill to address the current gaps in India's refugee policy. The article concludes by acknowledging the positive aspects of the proposed bill but also highlights areas that require improvement, such as provisions for diversified asylum, handling mixed flows, and preventing statelessness. The importance of critically analysing the bill and addressing related issues is emphasized, calling for comprehensive legislation that aligns with India's international obligations and humanitarian concerns.1,732 views -
Summary of Shankar Balaji vs. State of Maharashtra 1962
Student at ICFAI Law School, Dehradun, IndiaPages 1623 - 1626This article is the summary of the land mark case “Shankar Balaji vs State of Maharashtra 1962”. A landmark judgment clarifying the concept of agreement or contract of service between the appellant and defendant. The appellant is the owner and occupant of the plant that manufactures bidis, "Jay-Parkash Sudhir Private Ltd." For several days in 1957, Pandurang Trimbak Londhe, also known as Pandurang, rolled bidis in the Factory. The issues that needed to be resolved were whether Pandurang qualified as a worker under the Act's definition and whether he was eligible for leave earnings under section 80 of the Act.1,451 views -
Specifying between Manufacturing and Licensing on Invention
Student at ICFAI Law School, Dehradun, IndiaPages 1627 - 1631This article makes an argument about the Manufacturing and Licensing patent. There are several factors to take into account when determining whether to manufacture or licence your invention. Depending on your long-term objectives, there are several factors to take into account when determining whether to manufacture or licence your invention. It's crucial to decide whether you want to promote your idea independently or only licence the rights to others. This Article might help you to make decision to Manufacture or license your invention.801 views -
ChatGPT and the Looming Concern of IP Infringement
Student at Kerala Law Academy Law College, IndiaPages 1632 - 1638The problem of intellectual property infringement related to AI arises from the ability of intelligent computer programs to generate content that may infringe existing intellectual property rights, such as copyrighted material. ChatGPT, an AI program based on the GPT-4 architecture, is an example of a technology that can evoke human-like responses to various prompts, allowing ownership of generated data, potential Concerns arise about violations and the ethical implications of use. Machine-generated content without proper attribution. As AI programs become more sophisticated, the potential for intellectual property infringement increases. The advent of intelligent computer programs poses unique challenges to the intellectual property field, as AI-generated content can steal ideas from existing works or infringe on copyrighted material. is occurring. For example, programs like ChatGPT can be used to create written content that infringes intellectual property rights. The potential impact of IP breaches related to ChatGPT and other AI programs could affect different parties in different ways. Content creators can suffer lost sales and brand dilution due to intellectual property infringement. Companies that use AI-generated content for commercial purposes may face legal repercussions and reputational damage if they use content that infringes their intellectual property rights. It is important to consider the legal and ethical implications of intellectual property infringements related to AI and take appropriate steps to ensure the protection of intellectual property rights.7,051 views -
The Legal Responsibilities of Insurance Companies in the Event of Natural Disasters and Catastrophic Events in the Context of India
Student at School of Law, Shanmugha Arts, Science, Technology & Research Academy, IndiaPages 1639 - 1648This article examines the legal responsibilities of insurance companies in India regarding natural disasters and catastrophic events. As a disaster-prone country, India faces numerous challenges in dealing with the impacts of such events. Insurance companies are required to provide prompt and fair compensation to affected individuals, collaborate with government agencies and other organizations to mitigate future risks, and ensure compliance with relevant regulations. The obligations of insurance companies include offering comprehensive coverage, processing claims efficiently, and paying compensation promptly. The Insurance Regulatory and Development Authority of India (IRDAI) regulates the insurance sector and enforces guidelines for timely claims settlement. However, there may be limitations of liability in insurance contracts, which policyholders should carefully review. The legal framework governing insurance companies during natural disasters involves various government agencies, acts, and the judiciary. This article highlights the importance of insurance companies fulfilling their legal obligations to support disaster recovery efforts and ensure the availability and affordability of insurance in India.1,043 views -
Pages 1649 - 1657This paper deals with a brief context of the development of Derrida's thoughts on politics and on the concept of nationalism or institutionalisation over the years, considered both as a contribution to political theory and as a political practice in its own right. In the more limited space of this paper I will briefly set out what I see as the key features behind Derrida's work on deconstruction of language reflecting the shades of deconstruction of nationalism, and what reasons could have affected his thought and post-modernism as well. The paper suggests, what I believe are the consequences of thinking about politics and about nationalism in the specific context of devolution of power.842 views
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Critical Theory evolves from Hegel's dialectics, searching for the consequences of modernity, and progresses through Marx and Lukács to the Frankfurt School. The paper briefly discusses the development of Socrates’ dialogue to Hegel’s dialectic method evolving through works of Marx culminating into the critical theory of Max Horkheimer and Theodor Adorno as a mechanism of critical thought and resolution to modernity.973 views
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Independent Judiciary and Indian Constitution
Principal at School of Law, Pacific University, IndiaPages 1669 - 1674The concept of an independent judiciary is said to have originated in ancient Greece, where the role of judges was to interpret laws and act as impartial arbiters in disputes. This idea was later adopted by the Roman Empire and eventually became a cornerstone of the European legal tradition. The principle of an independent judiciary was further developed during the Enlightenment, when philosophers such as John Locke and Montesquieu argued for the separation of powers between the legislative, executive, and judicial branches of government. They believed that an independent judiciary was essential for protecting individual rights and ensuring the rule of law.2,995 views -
Right to Religion and Its Rela-Shun to Essentiality of Hijab Practices
Student at Christ University, Bengaluru, IndiaPages 1675 - 1685This research article articulates the essentiality of the hijab practice and the consequence of the right to Religion in its relation/rela-shun. It aims to provide a viewpoint of the hijab practices as customary rights proving it to be fundamental whilst giving a multidimensional view from a spiritual and institutional angle. The misunderstanding of faith and Religion has proved to be of great hindrance in the generation of these controversies. To generate clarity, The Right to Religion in India have been stated. It uses sources from spiritual texts, articles, journals and landmark judgements for the same. The limitation of this article mainly pertains to the Karnataka Hijab Row and discusses religious essentiality and customary practices in the same regard. Thus, the results of the research article elucidate keystone solutions to combat the controversy and state the essence of the consequence of the hijab ban in Karnataka and the rest of India.711 views -
Study of Across Generation Aggression and Moral Disengagement
Associate Professor at Department of Psychology, M.N.S Government College, Bhiwani, IndiaPages 1686 - 1692In the present investigation a comparison was made across three generations of male respondents of the same families to determine whether aggression and moral values had undergone any change. Further the sample was spread across the rural and urban regions of Haryana, as apparently violence and moral disintegration appear to be a product of the modern societal changes and should therefore be higher among the Urban population. For this purpose a purposive sample of 100 male students of IX/ X classes, who were residing with their father as well as grandfather was selected from rural and urban areas of Haryana state. Aggression and moral disengagement skills were administered individually to each student, his father and grandfather. Two way ANOVA was used to analyse the differences in aggression and moral values. Further the correlational analysis was also done to study the relationship between the variables. Results indicate that contrary to general belief, aggression and moral disengagement was more in the rural respondents. Further maximum moral disengagement was observed among the adolescencents. Technical advancement and modernization which contribute to rapid economic growth are universally desired. However violent conflict has been found to be greatest in developing nations, least in modern nations and intermediate in the least developed nations. This surgence in violence can be attributed to the rapid social change which occurs due to advancements and generates instability.786 views -
An Analysis on the Demerit of Crypto Currency in the International Banking
Student at ICFAI Law University, IndiaPages 1693 - 1705Cryptocurrencies have captured the attention of people all over the world and are now widely used for investments and transactions. They rely on blockchain technology to provide transparency and authenticity, but many countries are still grappling with how they work and how to regulate their trade. The advent of cryptocurrencies has revolutionized people's perception of money and finance. Some see cryptocurrency as a way to escape the clutches of corrupt and inefficient governments and central banks, while others view it as a means to circumvent traditional financial institutions, which they find cumbersome, expensive, and opaque. Nevertheless, international banks and other prominent players in the financial sector have been slow to adopt cryptocurrencies. Many banks remain skeptical of cryptocurrencies, viewing them as speculative investments rather than legitimate currency. Additionally, the frequent association of cryptocurrencies with illegal activities like money laundering and terrorist financing adds to their skepticism. While cryptocurrencies do offer some degree of anonymity, this feature also attracts criminals. This article explores whether cryptocurrency can legitimately be considered a currency, its legal status both nationally and internationally and whether it can fulfill the role of a banking system at the national and international levels. The article also suggests how cryptocurrencies can be traded as currency in the banking system while safeguarding against cyber threats and malware attacks.816 views -
Quit India Movement
Student at IILM, Gurgaon, IndiaPages 1706 - 1716This paper focuses on the Quit India Movement and its analysis. The Indian National Congress's final campaign of widespread civil disobedience against British authority was the Quit India movement, which took place between 1942 and 1944. This apaper talks about the background of the movement to the causes and significance of the movement. The movement was divided into three phases. There were a lot of women who actively participated in the movement.1,065 views -
The State Control of Private Prosecutions in Cameroon: The Good, The Bad, and The Way Forward
PhD Fellow at University of Dschang, CameroonPages 1717 - 1740The right of an individual to initiate a private prosecution continues to be of fundamental importance in the Cameroonian criminal justice system in ensuring access to justice by making sure that people who cause them harm are pursued in a court of law without their rights being fettered. However, being a formidable tool in criminal litigation which can be quicker and more effective than other legal remedies available to victims of offences; it can be a veritable weapon of abuse against accused persons. Private prosecution is prone to abuse with the tendency of private prosecutors fabricating evidence or maliciously pressing charges against accused persons. To check these abuses, the state of Cameroon has adopted measures to prevent the misuse of private prosecutions. However, the application of these measures can be counterproductive due corruption and fascism. Nonetheless, the state must continue to fine-tone these measures to ensure sanity in private prosecution while constructing a reliable and robust criminal justice system. This article tries to justify states’ intervention in private prosecutions by highlighting the reasons for the intervention, its effects on the criminal justice system, and the manner of making the intervention more acceptable by the society.748 views -
Murder (IPC 300)
Student at REVA University, Bangalore, IndiaPages 1741 - 1746The Indian Penal Code's Section 300 (3) has always been a particularly intriguing clause. It is also interesting to observe how the logic for using this part in murder cases has evolved. The law was largely clarified on this issue following the Virsa Singh case in 1958, which established a precedent that was ascertain the circumstances surrounding Virsa Singh's case, assess them, and examine the circumstances and method that courts will use to apply the ruling in this case in subsequent judgements. This section has also given consideration to the purpose criterion.3,666 views -
Internet Minimum Advertising Policies
LLM Student at National Law School of India University Bangalore, IndiaPages 1747 - 1756MAPP stands for "Minimum Advertised Price Policy," which is a policy implemented by manufacturers or distributors that sets a minimum price that retailers are allowed to advertise for their products. The goal of a MAPP is to prevent retailers from advertising products at very low prices, which can hurt the overall perception of the brand and make it more difficult for other retailers to sell the product at higher prices. MAPP policies are legal in the United States, but they must be enforced fairly and not be used to restrict competition. For the present discussion, the response has been divided into 3 parts which are: (i.) Laying foundations and a brief analysis on the issue of MAP Policies, (ii.) Considering the Indian position and the stand taken by CCI on RPM and MAPP and (iii.) Case study on Asmodee and Game and the discussion primarily based on the gaming industry.784 views -
Impact of Climate Change on Business Sustainability
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1757 - 1775People are becoming more aware of how climate change and limited resources affect each other. This study gives an overview of how climate change affects business management based on how the world is organized. These two major concerns pose a threat to effective corporate management. Financial aid to deal with the repercussions of risk in business management is one way that regulatory and environmental organisations can help. For a nation, business is essential. Drought, storm surge, rising sea levels, and crop failures are all possible results of an increase in the average temperature. Initiating the practise of segregation in one's routine at work can help eliminate the negative impact. The theme of climate change and its potentially catastrophic effects is a topic that is frequently discussed by governments, scientists, environmentalists, and other groups. It has been claimed that industrial processes have a detrimental impact on the environment. Businesses should be monitored and encouraged to operate in a socially responsible way if we're going to reduce climate change's harmful impacts. The role of corporations and the actions they can take in response to climate change are the primary topics of this article. The article begins by focusing on two major themes: CSR and environmental responsibility in corporations. Thereafter, the article presents climate change as an issue of global environmental significance. Climate change extends beyond the effects of rising temperatures. The average temperature increase is just one indicator of bigger changes that will have knock-on effects on things like drought, flooding, storms, sea level rise, the ability to grow crops, and the spread of disease. While scientists have known about the correlation between GHGs and climate change for quite some time, political leaders have been sluggish to act and put in place measures to lessen the impact of this threat.996 views -
Balancing the Requirements of Confidentiality and Good Faith in Mediation after a Party has Refused to Mediate
Advocate at Prabhakar & Associates, New Delhi, IndiaPages 1776 - 1788The aim of this essay is to explore the ways to balance the requirements of confidentiality and good faith in mediation, after a party has refused to mediate, so that the unsuccessful party can be protected from bearing an unfair cost sanction. It will do so by discussing the criteria for when it is reasonable to refuse to mediate, when determining costs. It will consider the relative importance and interpretations of the terms confidentiality and good faith with regards to costs. Then, it will consider who should decide whether the requirements of good faith have been breached and how such a determination can be made. Lastly, it will propose ways to ensure accountability of conduct as well as better practices in terms of costs.777 views -
Deliberate Discussion upon Contempt of Court in India
Student at Amity University, Patna, IndiaPages 1789 - 1799The definition of contempt in its simplest form is the state of being despised or dishonoured; disgrace. Contempt of court is defined as any behaviour that shows disrespect for or disregard for the rule of law and its administration. In recent years, the law of contempt has slowly changed. In order to address the problems, they were having, judges changed and amended the contempt jurisdiction. Most research on the law of contempt is based on the premise that we must adjust to the contempt jurisdiction as it exists now and that it is not essential to do a historical analysis of how the contempt jurisdiction developed. However, there is a lot to be learned from the historical growth. The author has attempted to examine and analyse the history of the idea of contempt of court in this paper. This paper will discuss every aspect related to this idea, including legal rulings and constitutional clauses. This article also sheds light on several important rulings addressing the matter of judicial contempt. This research paper will further analyse the idea of court contempt in detail while maintaining the utmost respect for the courts. The protection of the administration of justice in both criminal and civil matters is the major concern behind this idea.1,243 views -
The Interface Between Data Protection and Intellectual Property Laws
LL.M. Student at AIALS, Amity University, IndiaPages 1800 - 1829"The rapid growth of digital technologies and the Internet has revolutionized the way people communicate, share, and consume information. This transformation has brought forth new challenges in the realms of data protection and IPR. The present dissertation provides a comprehensive analysis of the legal frameworks governing data protection and IPR in India, as well as their intersection and the challenges arising therefrom. This paper will examine the legal framework for data protection in India. The focus is on the IT Act, 2000, and its associated rules and regulations, including the recent DPDP Bill, 2019, is also discussed, emphasizing its key provisions and the changes it aims to bring to the existing data protection landscape. Further, the dissertation addresses the enforcement mechanisms and the role of the proposed Data Protection Authority in ensuring compliance with the data protection laws. Further this paper will discuss the proceeds to examine the interface between data protection and IPR, focusing on the overlapping concerns and challenges that arise in this context. Areas of overlap include database protection, technological protection measures (TPMs), trade secrets and confidential information, RMI, and user-generated content on social media platforms. The dissertation analyzes the legal issues surrounding these areas, incorporating relevant case laws and international comparisons to provide a comprehensive understanding of the challenges at the intersection of data protection and IPR". Overall, this paper contributes to the ongoing discourse on data protection and IPR in India, highlighting the need for a robust and adaptable legal framework that addresses the evolving challenges in the digital age. By taking into account the complexities at the intersection of data protection and IPR, India can foster a thriving digital ecosystem that respects both IPR and data protection principles while promoting innovation and creativity".1,498 views -
Laws Relating to International Trade and Commerce
Student at School of Law, Mahindra University, IndiaPages 1830 - 1838Global company activities depend greatly on the application of international trade and commerce rules. These laws control how firms conduct themselves when engaging in international trade, as well as how goods and services are sold, as well as import and export rules, intellectual property rights, and investment laws. This research paper's goal is to give a summary of the rules governing international trade and commerce with an emphasis on how those laws affect businesses. The research paper will begin with an introduction to the fundamental ideas governing global trade and commerce regulations , as well as the World Trade Organisation (WTO) and its function in policing global trade. The legal foundation for international trade, including the treaties, conventions, and agreements that control cross-border trade, will then be covered in the paper. The following section of the paper will study the laws that control import and export operations, including trade restrictions, tariff laws, and customs regulations. The legal difficulties surrounding the protection of intellectual property rights, including patents, trademarks, and copyrights, will also be covered in this research. The research paper will also examine the legal framework governing foreign investment, including foreign investors' rights and obligations, investment protection, and the resolving of conflicts between foreign investors and host governments. Global company activities depend greatly on the application of international trade and commerce rules. These laws control how firms conduct themselves when engaging in international trade, as well as how goods and services are sold, as well as import and export rules, intellectual property rights, and investment laws. The law that governs import and export activities will then be examined, including trade restrictions, tariff laws, and customs regulations. The legal difficulties surrounding the protection of intellectual property rights, including patents, trademarks, and copyrights, will also be covered in this paper. The regulations governing international trade and commerce , as well as their effects on businesses involved in international trade, will all be thoroughly explained in this research paper.847 views -
Trade Policy and Law with Specific Reference to ADM, Practices and Prospects in India
LL.M. Student at AIALS, Amity University, Noida, IndiaPages 1839 - 1859International trade has become an integral part of the global economy. With the rise of globalization and economic liberalization, the volume of international trade has increased substantially. However, with the increase in the volume of international trade, there has been an increase in the instances of dumping. Dumping is a phenomenon where a country exports goods to another country at a price lower than its domestic price or cost of production. Dumping has a detrimental effect on the domestic industry of the importing country. To counter this, countries impose ADM. The objective of this research paper is to study the concept of ADM and their legislative framework. The research paper aims to analyze the impact of ADM on the international trade and economic welfare of countries. The paper also aims to analyze the dispute settlement mechanism under the Anti-Dumping Agreement of the WTO and the ADM under the Customs Tariff Act, 1975 of India. The research paper provides an overview of the concept of dumping, its economic analysis, classification, objectives, and effects, and the measures to offset dumping, the legislative framework of ADM, including the historical evolution of ADM, the role of the WTO in regulating ADM, and the ADM under the Customs Tariff Act, 1975 of India, including the DA, anti-dumping investigations, retrospective levy of ADD, appeals, and circumvention of ADD. The research paper aims to identify the shortcomings in the existing regulatory framework and proposes suggestions for reforms in the ADA and Indian anti-dumping regulations.735 views -
Homosexual Marriages: India and the World
Lecturer at Vivekanand College of Law, IndiaPages 1860 - 1864Since the verdict given by the apex court in Navtej Singh Johar vs. Union of India, there is an uproar in the country to legalize same sex marriages. In a multi-religious country like ours the term “marriage” means different to people belonging to different sect. Hindus believe it to be a sacrament while Muslims believe it to be a contractual relationship. Similarly Parsi marriage is also known to be a Contract through a religious ceremony called “the Ashirwad” validating it. While analyzing this issue it is also pertinent note the meaning of the term “gender” and “sex”. Many countries including Netherland, Belgium, Canada, Spain, South Africa, Norway, Sweden Argentina Iceland, Denmark etc. have legalized same sex marriages; while many countries have legalized same sex marriages, India still has a long way to go. This article is aimed at critically analyzing what made their law makers to take this step and what challenges a multi-religious country like India faces when it comes to same sex marriages.799 views -
Laws Regulating Intimate Partner Violence against Men in India: A Comparative Study
Student at SRM University, Delhi-NCR, Sonepat, Haryana, IndiaPages 1865 - 1874When we often hear the term ‘Domestic Violence’, we often feel that it is only the men who could be the aggressor. As it was presumed that because of lower status women enjoyed very less power in decision making, and when they tried to go against the decision of their husband they were subjected to violence. However, Violence knows no gender. Victim or aggressor could be anyone – male or female. This Article aims at analysing the problem of “Domestic Violence Against Men”. Although women in the country are protected against domestic violence through various Penal Laws such as ‘Indian Penal Code’, ‘Protection of Women Against Domestic Violence, 2005’, ‘Dowry Prohibition Act, 1961’. However, there isn’t any specific law which deals with the said problem though the number of cases are on surge every day. This is not only the case with India, but even Developed Nations such as USA, UK and Australia are not free from this evil. There are numerous reasons as to why the cases go unreported and problems faced by men to get their cases registered. While we are trying to empower one section of the society i.e. women, the condition of the men is going down the dump. In order to curb the menace, Article highlights the issues for not having any specific law and proposes solution in order to bring an effective control on the rising number of cases so that the rights and interests of the men could be protected too.861 views -
Legislations Relating to Inter-State Migrant Labourers
Student at SASTRA Deemed to be University, IndiaPages 1875 - 1881This article discusses the legislations implemented for the protection of Inter State migrant workers. It briefs the rights of the Inter State migrant workers, the duties imposed on the contractor employing them and also about the conditions of Inter State migrant labourers.704 views -
Application of Principle of Natural Justice by Supreme Court of India
LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University, Uttar Pradesh, IndiaPages 1882 - 1930Although it is not defined, the term “principle of natural justice” is derived from the Latin phrase “jus natural,” and it is strongly related to moral and common law standards. It is a universal law that is unrelated to any laws or constitutions. The natural justice concept is held in the greatest regard by all citizens of civilised nations. When industrial regions were ruled by a tight and harsh legislation to hire and fire, the Apex Court of India issued its instruction as time passed and social, just and economic statutory protection for employees during the early days of fair practises. The concept of natural justice involves making a fair and unbiased decision regarding a specific matter. The method used and the individuals involved in arriving at a just conclusion can be just as important as the decision itself. This idea extends beyond the notion of “fairness” and can take on various forms depending on the situation. A welfare and police state has replaced the government. As a consequence, the administrative will has been carried out. The choice of conscience is permitted under administrative law, but it does so in line with justice-based principles rather than a single will. The executive is given discretion under this statute, and it also details how to exercise that authority. The idea of absolute authority prohibits arbitrary action. Administrative law seeks to restrict the use of discretion. Arbitrariness and injustice have a broad scope. The judge may intervene if the discretionary is being misused or utilised unduly. However, it can only get involved if a person considers that an administrative authority's activity has breached their rights.1,166 views -
Protection of Creditors’ Interest with Special Reference to Corporate Insolvency Law in India
LL.M. Student at Amity University, Noida, IndiaPages 1931 - 1939There was a ray of optimism for creditors with the advent of the IBC; for numerous eons, India had numerous laws overlying with one other, resulting in unproductive and overdue debt recovery. The IBC provided comprehensive and stable insolvency legislation that applied to all corporations, limited liability partnerships, partnership enterprises, and individuals. It permits creditors to select a "insolvency resolution process" to analyse the debtor's firm and determine whether it should be rescued or liquidated.' To support an effective and efficient bankruptcy resolution process or liquidation, the bankruptcy and Bankruptcy Code established a new framework comprised of insolvency resolution experts and a new insolvency regulator, the Insolvency and Bankruptcy Board of India.” Most crucially, the Code has established a 180-day deadline for completing an insolvency resolution process. It further states that beyond the 180-day limit, only one extension of 90 days is permissible. However, the 2019 Amendment mandates that the Corporate bankruptcy Resolution Process be completed within 330 days of the bankruptcy commencement date (including all or any extensions granted, as well as any litigations and related legal actions). Furthermore, for an ongoing CIRP, if the 330-day overall deadline has already been violated at the time the Amendment takes effect, the Amendment provides for an extra 90-day relaxation as a transitional measure. Insolvency occurs when an individual or organisation is unable to meet its financial commitments to its lender or lenders when the debt comes due. Insolvency can be caused by a variety of circumstances, including inadequate cash management, increased spending, or decreasing income. Despite the fact that insolvency and bankruptcy are synonymous, “Bankruptcy is not the same as insolvency; bankruptcy occurs when a judge has determined insolvency and issued legal orders to remedy it. A bankruptcy occurs when an individual declares himself insolvent and goes to court. When a bankruptcy is declared, the court is responsible for liquidating the insolvent's assets and paying creditors. According to the studies, IBC 2016 is an appropriate action implemented by the IBBI for the resurrection or liquidation of sick enterprises. It is a timebound technique that aids in the quick recovery of debts.” However, several research failed to reveal the rationale and experts' perspectives on the IBC's effective implementation. As a result, the current study attempted to investigate expert opinion and uncover vulnerabilities in the current Code, which is said to be a robust design.1,020 views -
Trademark Dilution in India
LL.M. Student at Amity University, Noida, IndiaPages 1940 - 1948In terms“of intellectual property rights, trademark protection is a crucial subject because the idea of Trademarks now serve a broader purpose than simply identifying the source of goods and services; instead, they inform consumers about a product's price, quality, and brand identity keep their assets safe.” Consumers are intended to be protected by trademark law against market confusion, probability of confusion, and fraud. It also emphasises preventing harm to the trader's reputation and goodwill. According to the aforementioned notion, the maintenance of the trademark's singularity and uniqueness is crucial for both its owner and the general public. Given this, the Frank Schechter-developed doctrine of trademark dilution resulted in a major change in the breadth and depth of trademark protection. The“doctrine of dilution is a notion in trademark law that enables the owner of a well-known trademark to prevent others from using their mark in a way that would lessen its distinctiveness. The doctrine of dilution differs significantly from other types of infringement in that it grants the right to the owner of a trademark to stop someone from violating it even in non-competitive markets or with products that are dissimilar to the trademark owner's or that are not in direct competition with it. The concept of dilution was developed in India by the Delhi High Court in Daimler Benz Aktiegesellschaft v. Hybo Hindustan . The court granted the plaintiffs an injunction despite without going into great length to define the term "dilution." The Court determined that Benz was a trademark with a distinguished reputation that stood for the world's best-built automobiles and was the pinnacle of status and quality. It is obvious that using the Benz trademark on clothing would compromise the mark's distinctiveness.“As a result, the court issued an injunction prohibiting the defendants from using the Benz logo on underwear with a three-pointed human figure in a ring.” “The aspect of trademark infringement known as "trademark dilution" allows the owner of a well-known mark to forbid others from using it on the grounds that doing so will likely damage the mark's goodwill or distinctiveness.Dilution protection for trademarks protects uses that do not give consumers the impression that a product has been made by someone other than the trademark owner, in contrast to ordinary trademark law.1,524 views -
An Analysis of Role of International Business Law in Shaping Local Business Law
LL.M. Student at Amity University, IndiaPages 1950 - 1958Today’s global marketplace offers a plethora of opportunities but can also introduce significant challenges and risks. Our international business attorneys can help clients in identifying and managing these risks. Although the primary law governing an international business transaction will be the international business agreement between the parties, certain treaties such as the UN Convention on Contracts for the International Sale of Goods can impact international business transactions. The study tried to examine the inter-relationship between International and national business law and ways to improve local laws. The researcher will primarily adopt a doctrinal method of research. State practice and international law are constantly evolving. International law's much-vaunted values and norms are, in turn, negotiated by state practice based on perceived national interests. Indian practice shows that the relationship between international law and domestic law is complex and vague. India has different positions in adopting international law; sometimes it is willing to adopt international law, sometimes it is not. India remains reluctant to draft treaties that restrict free rein and that seek expressly to accord domestic courts a judicial enforcement role. Indian courts cite international law when there is no inconsistency between them and there is a void in domestic law. However, better implementation can be attained.868 views -
Legal Implications and Consistency of Health Insurance Coverage during the Covid – 19 Pandemics: Insights into Existing Frameworks and Insurers’ Response
Student at SASTRA Deemed to be University, IndiaPages 1958 - 1973The COVID-19 has had a profound global impact, leading to a critical examination of the role of health insurance and the legal framework governing it. The study begins by analysing the legal framework surrounding health insurance, exploring the existing laws, regulations, and policies that govern its coverage. It investigates how these legal provisions address communicable diseases and whether they adequately account for the unprecedented nature of the COVID-19 pandemic. Furthermore, the study delves in to the response of insurance companies to claims related to COVID-19. It examines whether insurance policies explicitly include or exclude pandemics or epidemic as covered perils. This study aims to understand the legal implications of health insurance during the COVID-19 pandemic, specifically focusing on whether the epidemic was encompassing within the realm of life insurance as a peril, and the position of insurance companies regarding compensation. Additionally, it explores the factors that influenced insurance companies’ decisions on providing compensation to policy holders affected by the COVID-19 pandemic. Understanding the legal aspects of health insurance during the COVID-19 pandemic is crucial for policy makers, insurance regulators, insurers, and policy holders. The findings of this study contribute to the existing knowledge base and can help to guide future improvements in health insurance policies and legal frameworks to better address the challenges posed by global pandemics.934 views -
Corruption as a Social Parasite Instigating Transgression of Human Right
Research Scholar and Teaching Assistant, School of Law and Justice, Adamas University, IndiaPages 1974 - 1989Since the initiation of the Globalization and Liberalisation era, experimentation has been a necessity for the growth of a nation. This urge for experimentation coupled with the lack of efficiency has paved a way to maladministration and corruptive practices. Bribery, adulteration, manipulation and the like has gained immense contours as financial transactions which are made from illegal gains poses a serious threat to the nation’s prosperity. Developing countries often bear a demolishing impact of these malpractices because the governance is still in the process of updating. With the increased use of technology, fast growth in artificial intelligence and experimentation with the new societal norms, we need a powerful, efficient, independent and impartial authority to keep a check over the conduct of the official dignitaries to supervise their action. A true system of check and balance is the need of the hour. But, in a developing country where administration is still at its growing stage and implementation of legal procedures is still challenging, basic human rights of the citizens are at stake. Human rights are directly interconnected with the sincerity of the bureaucrats. The present article aspires to discuss some instance wherein human rights are being infringed through the medium of these malpractices. Furthermore, the paper analyses as to how the International Conventions sketched for the upliftment Human Rights have reshaped and alleviated in the promotion and protection of International Human Rights.707 views -
Social Media Trial: A Fate to Criminal Justice System and the Society
Assistant Professor at Department of Law, Ch. Devi Lal University, Sirsa, IndiaPages 1990 - 1999The Internet Platform provides rapid access to large amount of information. Technology-based "social networking" or "social media" services let people tell millions of people what happening and get answers immediately. Social media is a online platform which enables people to communicate in real time effortlessly. With the increased use of internet, it has become commonplace for the media to intervene in pending trials. The media, which has been reborn as the people’s court, starts an investigation on its own and shapes people’s opinion. Trials on social media are considered as violation of ethics. Social Media has become commonplace for social media to scrutinize the truth, like the judiciary. In a social media trial, each person does their investigation and builds a conventional wisdom against the defendant before starting a court case. It generates biases among the general population and occasionally even among judges. Because of this, the accused is not thought to be innocent. Instead, they are thought to be guilty. Not only does it interfere with the "administration of justice," but also sends the wrong singal to society. The media may subconsciously influence the judge's decision by reporting and publicizing inadmissible evidence. In our constitution, there are no direct provisions regarding the media. However, they are mentioned in Article 19 (1) (a) and limitation under Article 19(2). The main goal of this study is to look closely at how social media trials are used in India and how they hurt the criminal justice system and Indian society as a whole. This research will base on doctrinal study.7,120 views -
An Analysis of Gender Pay Gap in India
Student at ICFAI Law School, ICFAI University, Dehradun, IndiaPages 2000 - 2007In this 21st century, every nation is aiming towards development. Women compose nearly half of the population and hence their contribution in the nation's progress is invaluable, then only our economy can prosper. If there is a difference between the pay of men and women for the same or similar work then this act as a hindrance to the development as women will feel discriminated against because of the said difference merely on the basis of their sex. In this article, we will look at the meaning of the gender pay gap, its related statistics in India, and India's position in the world in the Global Gender Index. We will also look at the reasons for this pay gap, along with the legislation that has been made for correcting this situation with some cases in which our Honorable courts have also ruled that these differences need to be resolved so that the concept of equality can prevail in our democratic country, and some steps have been discussed that can help to reduce this gap.885 views -
A Jurisprudential Facet on Influence of Social Norms over the Marriage Preference in Indian Society
Student at Christ Academy Institute of Law, Bengaluru, IndiaPages 2008 - 2027The present research paper empirically analyses the INFLUENCE OF SOCIAL NORMS OVER THE MARRIAGE PREFERENCE ON INDIAN SOCIETY and evaluate deeper into the existing social norms which are prevalent in a jurisprudential aspect and how it influences marriage and the preference of the people. The existing social norms which are not being accepted by the individuals and suggesting for a change of the same in the context of preference of marriages. Different jurist’s work on social norms related to marriage and how it is being applied in this 21st century as well as it focuses on the interplay and how far social norms have shaped legal norms. The approach towards reaching the decision is through a combination of methodological tools and design along with an empirical study conducted on individuals aged 18 years to 50 years, participants both men and female (N= 55). The rationality of people who still follows social norms in support with the concept of internalization, social image and self-image portrayed by individuals in the process of social learning is the changing impact of the society. In relation to the hypothesis of the paper, the paper answers on how public envisage Emerging New Trends in Marriages and Social Implications. The paper also observes the different views of jurist on the institution of marriage and how it is still being followed in India.990 views -
Moving towards an AI Oriented Arbitration: Significance and Challenges
Student at Army Institute of Law, Mohali, IndiaPages 2028 - 2038In the second decade of the twenty-first century, it has become common knowledge that litigation, although the most commonly preferred form of dispute redressal, is often time-consuming and expensive. As a result, the preference for Alternative Dispute Resolution (ADR) methods, such as mediation, negotiation, and conciliation, has become quite common. However, with the rising necessity of redressal of corporate matters pertaining to private entities, the rise of Arbitration as a form of ADR has been considered inevitable. Arbitration has been considered the biggest innovation in terms of dispute redressal for its private, speedy, and conclusive nature. Recently, a new question has emerged as to whether Arbitration, like all other professions, would be influenced by the advent of Artificial Intelligence (AI). This research paper primarily focuses on the significance and challenges of such an inclusion. It delves into the multiple pros of AI in arbitration, such as time-reduction, data compilation, pattern-oriented decisions, reduced influence, and minimal demerits, as well as the cons which may include the possibility of hacking, lack of human conscience and justice, and inability to provide a reason among many others. The paper attempts to recognize the possibility of AI as an arbitrator, the road ahead and the challenges faced with adoption of AI in ADR.1,079 views -
Human Cloning: Whether a Nemesis to Mankind?
Student at Nehru Academy of Law, Lakkidi, Palakkad, IndiaPages 2039 - 2054Cloning encompasses a range of techniques that enable the production of genetically identical replicas of a living organism. A clone is an exact replica of an organism or object that possesses identical genetic information as the source. In the 1990s, Ivan Wilmut and his colleagues successfully cloned the first mammal, a sheep named Dolly. Subsequently, Japanese scientists conducted cloning on cattle, while Asian Gaur was cloned in the United States. Human beings are endowed with two distinct sets of traits, namely biological and cultural attributes. The practise of cloning is incongruous with the principles of evolutionary mechanisms posited by prominent figures such as Mendel and Darwin. The absence of aforementioned factors is notable in the context of duplicated individuals. From a non-religious perspective, this notion is viewed unfavourably. In 1998, Richard Seed made the initial declaration of human cloning in Chicago. Seed proposed nuclear transfer as a means of reproductive cloning to aid infertile individuals, considering human cloning as a promising avenue for the development of this method. Reproductive cloning is widely proscribed across the globe, with only a few countries opting to establish regulatory frameworks for this practise. This research article aims to study and analyse the concept of Human Cloning, its positive and negative consequences, the bio ethical issues and various conventions revolving around human cloning.865 views -
Impact and Application of AI in Governance of Intellectual Property Rights of a Company
Student at NMIMS Kirit P. Mehta School of Law, Mumbai, IndiaPages 2055 - 2062The interaction of IPR and AI may result in significant shifts in corporate governance. AI can be used by businesses, for instance, to monitor and defend their intellectual property assets, automate licencing agreements, and identify potential instances of infringement. AI can also be used to evaluate data related to intellectual property rights in order to spot patterns and trends, which can then be utilised to guide strategic decision-making. The combination of intellectual property rights and artificial intelligence can, on the whole, contribute to higher competitiveness, improved decision-making ability, and increased efficiency. Yet, it is absolutely necessary to make certain that these technologies are deployed in an ethical and transparent manner in order to minimise the possibility of adverse effects on corporate governance.772 views -
The Doctrine of Acquiescence: Meaning, Application in Trademark Law and Issues therein
Student at ILS Law College, Pune, IndiaPages 2063 - 2070The article covers the main points regarding the Doctrine of Acquiescence in trademark law. It begins by explaining the nature of equity law and how it differs from strict statutory law, emphasizing the principles of justice and fairness. The article then introduces the doctrine of Acquiescence and its Latin maxim, highlighting its application in Indian courts and legislation. The article goes on to discuss the distinction between the Doctrine of Acquiescence and laches, explaining that they are both types of estoppel but differ in their application and consequences. It mentions that acquiescence destroys the right itself, while laches destroys the remedy but not the right. The objective of the article is clearly stated as addressing the lack of clarity and controversial application of the Doctrine of Acquiescence in trademark law. It mentions the intention to refer to various contradictory case laws to elaborate on the nature of the doctrine. The structure of the article is outlined, with two main sections: the issue of lack of clarity and the issue of controversial application. Under the first section, the article delves into the differing interpretations of the term "positive act of encouragement" and the confusion regarding when "mere ignorance" transforms into "positive encouragement." It highlights conflicting judgments and provides examples from case law. The second section discusses the controversial application of the doctrine, focusing on a Delhi High Court judgment that clarifies the defense of acquiescence against a registered proprietor of a trademark. It also mentions two Bombay High Court judgments with opposing views on the matter. The article concludes by summarizing the key points discussed, emphasizing the need for clarity and consistency in the application of the Doctrine of Acquiescence in trademark law to protect intellectual property rights effectively.1,172 views -
Ethical Considerations in Cybersecurity and The Role of International Law in addressing its Privacy Challenges
Student at Adamas University, Kolkata, IndiaPages 2071 - 2086Cybersecurity is crucial in safeguarding digital systems and protecting sensitive information from unauthorized access, breaches, and malicious activities. However, the pursuit of robust cybersecurity measures raises important ethical considerations that must be addressed. This research article explores the ethical dimensions of cybersecurity practices, including ethical hacking, vulnerability disclosure, and responsible use of cybersecurity technologies. Additionally, the article investigates the impact of ethical considerations on privacy, human rights, and societal implications. By analyzing real-world case studies and ethical dilemmas, this study aims to contribute to the understanding of the complex ethical landscape in cybersecurity and provide insights for developing ethical frameworks and guidelines for cybersecurity professionals. Besides, this research article also examines the role of international law in addressing privacy challenges arising from the collection, processing, and transfer of personal data across borders. It analyzes the effectiveness of international legal frameworks and conventions, such as the General Data Protection Regulation (GDPR), in protecting individuals' privacy rights and harmonizing privacy standards across jurisdictions. The article explores the legal mechanisms, including data protection laws, international agreements, and cross-border data transfer mechanisms, that govern the flow of personal data and ensure its protection. The research aims to contribute to the ongoing discussions on strengthening international privacy frameworks and promoting global privacy standards in the face of evolving technological advancements and digital transformations. In an increasingly interconnected world, where technology plays a central role in various aspects of our lives, cybersecurity and privacy have become critical concerns. There is a growing recognition of the ethical considerations inherent in cybersecurity practices and the need for robust legal frameworks to address privacy challenges. Furthermore, it assesses the challenges and opportunities for international cooperation in addressing privacy concerns, information sharing, and establishing common principles for privacy protection.912 views -
Pages 2087 - 2093Indian jurisprudence on animal rights is a huge point of contention and debate. The use of animals in various sports for entertainment, accompanied by cruel and inhumane treatment, triggered this debate. Liberal interpretation by the Supreme Court in the A. Nagaraja judgment, banning Jallikattu, Kambala, and Bull Race for being cruel to animals, resulted in utter chaos with pressure forcing States to amend them. These Amendments were challenged for being a mere cosmetic change of law to override the earlier judgment. This Article is a detailed comment on the judgment that ensued.1,230 views
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Role of IPR in Protection of Biodiversity
Student at PES University, Bangalore, IndiaPages 2094 - 2105The survival of ecosystems which provide significant resource yields such as food production or medicinal substances is heavily dependent on conserving biological diversity- its components including varying plant species among others. Unfortunately, among threats facing it are activities ranging from human encroachment upon natural habitats to global climatic changes. To address these challenges intellectual property rights (IPRs) have been proposed as suitable means of safeguarding it by setting incentives for innovation while promoting equitable distribution of benefits. This calls for unified global action to protect our biological endowment. Through this paper we assess the role of IPR in protecting biodiversity by analyzing frameworks governing them and interrogating their impact on conservation efforts. In conclusion we find that IPR is central in conserving biodiversity although its effectiveness must be balanced against other policies aimed at supporting or improving conservation efforts. The promotion of innovation and creativity is just one of the many benefits IPR offers but it is important to acknowledge its potential impact on biodiversity conservation. In this paper we delve into how IPR can protect biodiversity and what that means for those invested in preserving our planets rich diversity.959 views -
Analysing the Impact of New Labour Code on Workers Safety in India: A Comparative Study of Old Acts and OSHWC Code, 2020
Student at University of Petroleum and Energy Studies, IndiaPages 2106 - 2127The safety of workers in India has long been a concern, with frequent reports of workplace accidents and injuries. In response, the Indian government has enacted new labour laws to address this issue, with the goal of improving workplace worker safety. However, it is critical to assess the effectiveness of these new labour codes in achieving their intended goals. The purpose of this paper is to compare the old and new labour codes in order to assess the impact of new labour acts on worker safety in India. It aims to examine the effectiveness of the new labour codes in improving worker safety, identify any gaps or loopholes in the new codes, and make recommendations to policymakers and stakeholders in India to improve worker safety. The paper begins with an examination of the evolution of labour laws in the country, as well as the significance of worker safety in the workplace. It then presents the findings of an analysis of industrial injury incidents to workers, safety provisions in old and new labour codes, and identification of loopholes in the new code. The study concludes with a discussion of the findings, implications, recommendations for policymakers and stakeholders. Overall, this project provides a thorough examination of the impact of new labour laws on worker safety in India, as well as insights into the country's challenges and opportunities for promoting worker safety and avoid industrial accidents.4,465 views -
Law of Extradition and Its Implications for Human Rights Violations: A Critical Analysis in National Perspective
Student at Amity Law School, Noida, IndiaPages 2128 - 2157In the 21st century, the concept of extradition has evolved into international cooperation to prevent world social interests and to prevent and suppress crimes, including international crimes. In the context of the development of international humanitarian law, a crisis arose for the full protection of the rights and interests of individuals, including human rights. The Extradition law serves this purpose. The study of extradition law raises questions about is the extent and scope of the Extradition Act, effects and consequences of the Extradition Act, Implications of human rights principles for extradition law, legal approach to extradition and law reform needed to eliminate the menace. This study therefore aims to find out the nature, purpose and policy of the legal regulation and principle governing extradition rights, to determine current relevance, usefulness, appropriateness, effectiveness and implementation, to determine whether the laws in force in India are satisfactory or whether any special laws need to be amended or enacted in this regard, to determine and investigate the cause of this problem and to attract attention and come up with suitable suggestions to strengthen the law.1,043 views -
The Role of The ICJ in Shaping the Development of the Law on Transboundary Environmental Harm: An Analysis
Student at Nirma University, IndiaPages 2158 - 2165The issue of transboundary environmental harm has gained significant importance in recent decades as the world has become more interconnected, and the impacts of environmental pollution can be observed across national boundaries. The International Court of Justice [hereinafter “ICJ”], the principal judicial organ of the United Nations, has played a crucial role in shaping the international framework for the prohibition of transboundary environmental harm. The aim of the study is to trace the evolution of the law on transboundary harm and provide an analysis of ICJ’s role in this area, including the development of jurisdiction, procedural law, substantive law and current standing. Throughout the study, the article will be dealt with critical cases, such as trail smelter and pulp mill cases, to provide an overview of the gradual development of the law and the challenges that still are impediments to achieving equitable and effective outcomes. Ultimately the article will argue the need for continuous engagement with this issue to protect the global environment and realise sustainable development goals.1,069 views -
Indian Taxation Aspects of FIIs: A Critical Analysis
LL.M. Student at Maharashtra National Law University, Nagpur, IndiaPages 2166 - 2189The Indian taxation system for Foreign Institutional Investors (FIIs) has been a subject of intensive scrutiny over the years. The tax laws governing FIIs were first introduced in the country in 1992, with the objective of promoting foreign investments in the Indian economy. The taxation system has undergone several changes since then, with a view to aligning it with the evolving global economic environment. This paper critically analyses the Indian taxation aspects of FIIs, examining the various tax implications that foreign investors face while investing in the Indian market. The paper evaluates the taxation rules governing the income earned by FIIs in the form of capital gains, dividends and interest, and assesses the impact of these rules on the flow of foreign investments into the country. The study finds that India's tax regulations on FIIs are complex and often ambiguous, leading to a lack of clarity and uncertainty in the minds of investors. The tax treatment of capital gains, dividends and interest earned by FIIs varies depending on the duration of investment and the type of security.1,226 views -
Prime Minister’s Overarching Scheme for Holistic Nutrition (POSHAN) Abhiyaan: An Analysis
Student at Gujarat National Law University Gandhinagar, IndiaPages 2190 - 2205While India’s malnutrition rates have improved over the recent years, the country is still home to the largest number of stunted and wasted children in the world. To combat the dismal state of nutrition in the country, the government launched the Prime Minister’s Overarching Scheme for Holistic Nourishment (POSHAN) Abhiyaan (‘movement’) in 2017, a flagship mission that aims at a convergence mechanism for the country’s response to malnutrition.” “Despite several programmes targeted towards improving the health and nutrition of women and children, we have not been able to solve this persistent problem. The ICDS programme is India’s primary intervention in this area. However, despite being implemented for decades now, the results of the programme are sub-optimal at best. In order to secure the well-being of the children, and to fully realize the growth potential and capitalize on the demographic dividend; India needs drastic reductions in the prevalence of malnutrition.” “This paper analyses the reasons due to which under-nutrition continues to remain a threat and presents the current strategy of the government to curb it. The researchers present a theoretical analysis of the developmental aspects utilized in the schemes that are being implemented. The paper argues that without channelizing cross-sectoral interventions towards the first 1000 days, achieving geographic and programmatic convergence and creating a janandolan, success in this area is highly unlikely.3,488 views -
A Study of Rights in Live-In Relationship
Student at St. Joseph College of Law, IndiaPages 2206 - 2227Live-in relationship is increasingly adopted by many partners in the present days. The relationship is not a new concept emerged in modern era rather it can be traced back to ancient India and several tribes living in India. The obligations and prolonged legal process of divorce are some of the factors that increase the number of live-in relationship. Such between two major persons who are qualified for marriage has been allowed legally in India. Court has formed certain criteria to be fulfilled to be a marriage like nature. The study aims at analysing the various rights and obligations arise from the live-in relationship and its validation under different personal laws. Personal laws have not recognized such relationship. However, the women in the live-in relationships are protected and maintained by various secular laws as well as children born out of them are been considered as legitimate. However, their rights are different than the legitimate children of valid marriage. The courts have progressively made judgments to protect the children born out of such relationship as they have not chosen to be in this position. In the Indian patriarchal society, there is a need to analyse whether the quantum of protection woman get is in accordance to the sufferings they received. Also, there needs to be protection for men in the relationship as well for the law to give justice to all.1,011 views -
Antitrust Cases against Amazon in India: An Analyses in Context of Scope of Investigation
LL.M. Student at National Law University, Jodhpur, IndiaPages 2228 - 2236The article examines the allegations made by Indian retailers against Amazon for engaging in anti-competitive practices and hindering entry in the relevant market. It examined the Reuters report which shows evidence against Amazon pertaining to preferring certain sellers over others and adopting exclusionary tactics which results in discrimination towards retailers. The article explores Amazon's conduct in India and investigates whether their practices violate the Antitrust laws. It discussed various anti-trust cases brought against Amazon by Indian retailers regarding anti-competitive practices of amazon.788 views -
Pages 2237 - 2249Marriage is a sacrosanct bond that brings two individuals and their families together. Be that as it may, on the off chance that the marriage did not depend on common assent or, on the other hand, assuming one or both players are miserable, it can turn into a cause for issues. Since the beginning of time, our general public has leaned towards a man-centric framework, which has prompted men to show feelings of strength. All over the planet, the rule of law plays a critical role in managing human behavior and setting guidelines for leadership. Conjugal assault is perhaps the most incredibly abhorrent demonstration that exists in India. Conjugal assault is no less serious than the offence of assault; rather, it is the type of assault. It is one of the greatest dangers to orientation equity in India. Indian culture has never thought of conjugal assault as an issue. It is seldom gone against by anybody in Indian culture for different reasons. The disposition of the Indian governing body is the same in this manner. The Indian Assembly has been given the gravest undertaking of sanctioning regulations for the wellbeing, security, and improvement of the country by the Indian Constitution. However, the lawmaking body isn't intrigued by any means with regards to eliminating the evil of marital rape from the country. The Indian legal executive gives a beam of trust in such a manner, yet its hands are bound as the drafting of regulations is the privilege of the council and not the legal executive. There are no viable regulations in India, taking everything into account. Whatever regulations are there in India, they are not adequate to contain something as detestable as conjugal assault. There is need to carry areas of strength to stare death in the face of marital rape in India. This research paper centers around the development of ladies' privileges, especially the impacts of Marital Rape and how it abuses the Constitution of India.3,241 views
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Woke-washing refers to organizations appearing to support progressive causes, such as promoting diversity and inclusion, while their actions do not align with these principles. The present article explores the concept and phenomenon of Woke-washing and its retaliation via three recent noteworthy incidents. It further highlights its implications for consumers, organizations, and society.929 views
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White Collar Crime in Indian Scenario
LL.M. Student at Amity Law School, IndiaPages 2260 - 2269This study provides a thorough examination of both the crimes that have previously happened in India and their causes. Researchers refer to herbivores as "people who commit crimes when their offences are minor and limited to a particular administrative region." Meat Eaters are involved in white collar crime and can be found in practically every business. The growth of technology and education has led to an increase in white-collar crime, which is masked by professionals who take advantage of legal loopholes and are covertly supported by the government. The linkages started banding together, committing white-collar crimes, and obtaining legal protection. As a result, some insignificant employees ended up becoming white collar criminals. Regarding the prevalence of white collar crime in India, it is gradually creeping on every aspect of the nation's society. White-collar crime, such as corruption, is a topic that is widely debated in all facets of society, including the social, economic, and political sectors. Despite this, no dramatic measures have been done to counter this threat. The goals of this essay are to define white-collar crime, examine its historical progression, and offer potential remedies to the issue. There was no criminal justice system in the scumbag civilisation. The phrase "Tooth for tooth, life for life" was revolutionary in terms of criminal justice. Additionally, due to public outcry, cheating spread. As a result of technical developments and his ideas, a new type of guilt known as cabin harm is currently emerging.1,021 views -
Child Trafficking and Its Legal Implications in India
Student at Amity Law School, Noida, IndiaPages 2270 - 2280According the Indian law the person who is under the age of eighteen years is a Child. Any kind of exploitation of these children is an offense. The act of illegally transporting, buying or selling the children for commercial use is called CHILD TRAFFICKING. It is recognised as a huge crime worldwide. These children basically step into this world because of poverty, broken families or lack of education. Families who are suffering from poverty send their children to different cities or countries with the traffickers in the promise of daily wages. Among all the South Asian countries, India is one of the countries where child trafficking is increasing the fastest. Children are stolen from malls, parks or even their houses. Innumerable children are trafficked across the borders from India for sexual or forced slavery. The major reason of child trafficking in India is poverty, illiteracy, cultural or social issues. Child trafficking violates the basic human rights of children. There are torturous sexual abuses with young girls. The level of this crime is so vast that it can’t be traced easily. There is requirement of proper evidences to impose legal actions otherwise no one can get to know about this human trading crime. The aftermaths of child trafficking are very scandalizing. The children suffer from physical as well as psychological problems. They lose the feeling of self worth and find it very difficult to cope up with the society. Many NGOs in India work for the victims and help them to get over this appalling incident. India has some laws against these criminal activities for the protection of children. Government and non-government organizations can do a lot of work to stop this gravest offense. The paper is written to highlight the problems and aftermaths of child trafficking in India including the basic laws.1,377 views -
Moderating Role of Moonlighting Influencing the Gig Economy
Student at School of Law, NMIMS, IndiaPages 2281 - 2287Although working multiple jobs to escape economic hardship is not a novel approach employed by employees, it is also not uncommon. However, this may not cover new concepts of work such as "side hustles." It was discovered that 18.2% of households held multiple occupations and that secondary earnings reduced household poverty, and did so more efficiently for households with multiple jobholders who consistently held multiple jobs. By incorporating this insight into economic well-being practise and policy initiatives that enhance employee benefits, multiple jobholding as a strategy for reducing poverty could be strengthened. Despite the recent reassurances of a strong and growing economy, the workforce is not seeing the returns to their pocketbook.765 views -
Law Teaching After Covid-19 Pandemic from Indian Perspective: The Way Forward
Assistant Professor at Department of Laws, Guru Nanak Dev University, Amritsar, IndiaPages 2288 - 2296The Covid -19 pandemic had brought the globe to a standstill. The pandemic created unimaginable crisis for the entire world. The sudden outbreak of the pandemic brought a complete shutdown across the globe. The governments were not prepared and anticipated the spread of the virus. The only solution for the containment of the pandemic was complete lockdown, forcing people to work from their homes. The pandemic was one of the gravest health emergencies so all other essential services took a back seat. Education is one sector which was badly affected during the period of pandemic. The declaration of sudden lockdowns led to the closure of schools, colleges and universities. The impact of pandemic in India was also grave. In this paper, an attempt has been made to analyze the imparting of legal education in times of crisis and suggestions will be provided for meeting such situations in future.701 views -
Anomalies in Class I & II Heirs of Hindu Succession Act, 1956: An Analysis
Associate Professor at Government Law College, Ramanathapuram, IndiaPages 2297 - 2300There are various types of properties under the Indian law. The most common known properties are Ancestral property and Self acquired property. What constitutes an ancestral property has not been clearly defined by the Hindu Succession Act of 1956 or any other legislations. However, the Supreme Court has ruled in a number of its rulings that a Hindu male's inherited property from his father, paternal grandfather, or paternal grandfather's father constitutes ancestral property. In a similar vein, self-acquired property refers to a person who purchases a home using their own earnings. Self-acquired property is any property a person purchasing with his own money. The property becomes his/her absolute property and he/she can sell it whenever they want. The Court noted that in order to identify the property as self-owned, documentation in the form of a sale deed and evidence of payment of the sale consideration must be presented. This being the position, I have analysed in this paper who are all coming as legal heirs in class I and II after the death of an Hindu male under section 8 . In the class I heirs and Class II heirs certain heirs have been repeated and omitted. I have discussed in this article about it849 views -
Rights of LGBTQ: Let us Look beyond Sexuality
Assistant Professor at KLE College of Law, Navi Mumbai, IndiaPages 2301 - 2306A group of people who identify as non-heterosexual or non-cisgender is known as the LGBTQ (Lesbian, Gay, Bisexual, Transgender, and Queer) community. Throughout its history, this community has encountered considerable social, legal, and political difficulties, including as marginalisation, violence, and discrimination. While transgender persons identify as a gender other than the one they were assigned at birth, lesbian, gay, and bisexual people are drawn to people of the same sex or gender. The term "queer" can be used to refer to the entire community and includes all non-heterosexual and cisgender identities. LGBTQ people are still facing serious challenges and prejudice around the world, notwithstanding some improvements in recent years. Same-sex partnerships are still prohibited in several nations, and LGBTQ people who come out about their sexual orientation or gender identity risk being put to death or being imprisoned. Many LGBTQ people experience social exclusion, discrimination, and harassment on a daily basis in addition to legal difficulties. In addition to higher rates of suicide and self-harm, this can result in mental health problems like despair and anxiety. In order to value and respect the diversity of human sexuality and gender identity, society must become more welcoming and inclusive.737 views -
Sports Law in India with Respect to Anti-Doping Measures
Student at Amity University, Noida, IndiaPages 2307 - 2324In the fields of sports, physical education, and their connected fields, sports law is used. India has been eclipsed in the globe by the excellence of Indian sports due to its proximity. It produced notable athletes who made significant contributions to the sport by serving as role models for the rest of the world through its rich sporting history. In India, one such contested and unresolved legal issue is the regulation of sports. Through independent sports federations, which have monopolistic natures and characteristics in their sports fields, the Indian government has controlled and governed sports in the country. However, these sporting organisations fend off any criticism when it amounts to openness and responsibility. The ongoing legal disputes and litigation in this field have compelled the judicial system to intervene and act as the field umpire. But why is there only the Ministry of Sports Affairs as the primary sports authority? Whether the Indian Judiciary strived for a minimal or significant contribution to the development of sports law? Is the Alternative Dispute Mechanism the best way to settle sports disputes? Doping in sports refers to the usage of medications that are deemed illegal by the law. But as numerous case studies have shown, doping in sports has recently become a significant problem. Doping has a long history, although this paper mainly discusses it from an Indian perspective. Several steps were taken to address the doping problem, including the 2015 implementation of the National Anti-Doping Agency based on the World Anti-Doping Code (WADC). The agency's primary goals are to execute WADC-compliant anti-doping regulations, regulate control programmes, and raise awareness of doping and its effects. This essay will primarily analyze anti-doping organizations and the primary causes of doping in India. It will also explore and analyze pressing concerns about the sports industry in the context of pertinent legal rulings. It also sheds light on how Indian legislators have not shown interest in advancing sports law, and therefore it makes significant sports reform recommendations for the restoration of sports' former grandeur in India.1,121 views -
The Indian Movies and their Freedom of Speech and Expression
Student at Sastra University, Thanjavur, IndiaPages 2325 - 2330There is no other entertainment platform than movies nowadays. The movies are the best leisure for people. People connect with society through movies. They are always used as a major conversation platform for directors to show their ideology to the people. Movies convey a lot of information through different genres like action, comedy, love, political, biographical, movies based on real-life instances, and so on. Each genre of movie depicts different storylines. Most movies are welcomed by people, but some movies are also controversial. Controversies can make a movie depicted in the wrong way to the people, which interferes with the freedom of speech in movies. When movies are viewed from the wrong point of view, the actual story line of the movies is also conveyed incorrectly. "A film is a petrified fountain of thought". Thoughts should be conveyed how they are thought, and when they are interrupted, the thoughts are disrupted and the movie cannot completely exhibit the story line. The movies are viewed in different ways in different countries. Most countries have certain rules regarding movies. In India, movies have restrictions regarding how they are filmed, what kind of story line is used, what words are spoken, and what story they resemble. They should not be used for defamation. The movies are taken in different ways to express their ideas, and they can depict the truth or untruth in a story, which could make the story realistic. Hence, there should be a balance between freedom of speech and censorship in movies.3,370 views -
Infringement and Passing Off under Trademark Law in India: A Critical Study
Assistant Professor at School of Law, Galgotias University, IndiaPages 2331 - 2342The present research adheres to enlighten one of the most vital and prevalent Intellectual properties that is Trademark, its infringement and passing off action. The manufacturer or person supplying goods keeps in mind that even if their products holds similarity to a certain product which may be manufactured by others, the marks which causes distinction is different. The importance that Trademark holds was recognized very early during the Industrial Revolution as during that time there was producing, distributing and publicity of goods on a large scale. Therefore it influenced the modern era commercial market and thereby still clinging onto its vitality. Further, the elaborated meaning, importance, need of Trademark law in India and its development is included in this research paper. The research paper’s aim is to thoroughly study and perform critical study of Infringement and passing off law. This has a simple reason that a trademark that is genuine will always carry with itself the characteristics of Goodwill and Reputation. There has been an extension to the concept of passing off in the modern times as compared to the concept of passing off in earlier times where a person’s goods or services were sold or rendered respectively. But today, this concept includes Trans-Border Reputation publicity, wherein it pertains to having the protection for seeking action even if the trademark infringement did not take place in that particular place. Further, from the above discussion it can be inferred that a trademark helps in gathering protection to its owner by extending the exclusivity of that product or provides an option for other person to use it by paying certain amount to the trademark owner. Although there is no restriction laid upon a person to register his or her trademark but it is suggested otherwise as it helps on better protection in case if there is any infringement.1,148 views -
Uniform Civil Code: The Confluence of Ideologies in a Heterogeneous State
Student at Institute of Law, Nirma University, IndiaPages 2343 - 2360The Uniform Civil Code is a directive principle for state policy provided in Article 44 of the Constitution of India. It aspires to bring a unified civil law system for all kinds of religious and non-religious customs, traditions, and rituals. The discussion on the subject matter has increased and solutions for the same are sought by researching the current dynamics of society. This article aims to understand and study the background and evolution of such codification process, and then interpret it with current social dynamics. The historical viewpoint allows the research to be arranged and makes it sustainable for reaching its core values. The research on the subject matter has helped to reach important solutions and alternatives for the implementation of the Uniform Civil Code and justice administration mechanism in the state. The solutions are varied and allow a free mind to explore possibilities of different kinds.799 views -
Male Domestic Violence
Student at Lloyd School of Law, IndiaPages 2361 - 2373Violence in opposition to men by means of girls has come to be a common place problem nowadays. This consists of economic, physical, sexual, and emotional abuse, in addition to psychological abuse that harms someone’s mental and physical fitness. men as well as ladies are victims of gender-based violence. In a country like India, which has been male-dominated for centuries, humans locate it difficult to consider that men can be sufferers of violence just like women. So, there may be a purpose why domestic violence in opposition to men isn't always recognized in any law in India. but, contrary to popular belief, the number of males, being psychologically and bodily abused via girls is increasing. Given the existing legal guidelines in the USA, there are no laws that protect men from intimate associate violence, under the Indian Penal Code of 1860, phase 498A explains that a man can best be held responsible for practising violence against his wife, there's no provision in the complete Act which makes the girls accountable of the identical. further, phase three of the safety of girls from domestic Violence Act of 2005 states that it best protects girls from such violence. No rule in the Act protects men from such violence. Having the sort of law offers a presumption that, men are usually guilty, at the same time as women, then again, are always innocent. Other than the law, there exist some other motives that could purpose such cases to move unreported, these may additionally include – the societal assumption that men are sturdy and difficult to cry, or in the event that they get prison help, it can motive discomfort for them and their families, and the listing is going on.1,001 views -
Password Sharing Laws with respect to OTT Subscriptions: An Overview
Student at University School of Law and Legal Studies, GGSIPU, IndiaPages 2374 - 2380The sharing of passwords for over-the-top subscription services has become the norm with users willfully sharing their passwords with family and friends in order to save money in pursuance of careful economical spending. These users however, in the due process of saving money are restricting the growth of these services. The prominent reason behind this mass mentality phenomena is a preset concept of budgeting that has become a commonplace and uncoordinated action among consumers. With the share capital as well as the subscribers of the major players, namely Netflix and Disney+ Hotstar, plummeting down the trend, a significant need arises to reevaluate and reassess the situation of sharing such subscriptions. There is still significant lacuna and a grey area with respect to the legality of the said acts in the Indian Subcontinent. This paper provides an overview of the current situation of password sharing in OTT platforms.1,167 views -
Analyzing Legislative Flexibility: Exploring the Doctrine of Colourable Legislation
Student at University of Calcutta, IndiaPages 2381 - 2385The courts across the country through judicial interpretation develop numerous principles which have a different connotations, this article highlights one such doctrine ie, “The Doctrine of Coloured Legislation”.With the expansion and evolution of constitutional jurisprudence, a variety of new approaches emerges and one such concept is Colourable Legislation. This article examines the literal meaning of Colourable legislation. After formulating and understanding the concept, this article propounds the historical aspect of this doctrine comprehensively and lucidly. The foundation of Constitutional federalism plays a very pivotal role in the smooth functioning of the country. The balancing approach between the central government and the state government should be tackled in a sophisticated and liberalized manner providing legislative flexibility along with considering legislative ramifications. This article through analyzing the judicial precedents, and constitutional literature develops a guiding principle for judicial outcomes. The findings of this article will help to analyze the federal structure of the government and explore the horizon of interpretation of legislation. This article explores the constitutional provisions ascertaining the application of the Doctrine of Coloured legislation. This article holistically concludes with the synchronize application of this principle by deeply analyzing its violative ramification.1,027 views -
Security Threat through Financial Crisis: A Study on Sri Lanka’s Financial Crisis and India’s Response
Ph.D. Research Scholar at Center for Studies in Strategic Technology, School of National Security Studies, Central University of Gujarat, Gandhinagar, Gujarat, IndiaPages 2386 - 2398The Treaty of Westphalia paved the way for the emergence of the modern Nation-State consisting of four major components of the state: territory, population, sovereignty, and geography, out of which sovereignty and security are treated as the major components of the Nation States. At the same time, the importance of traditional security that dictates terms of territory security through military and armed force remains to shrink and be put back by non -traditional security like the science, technology, and economy in the 21st-century modern globalized world. So it is not wondering to say present world territory, as well as the economy, plays a key role in prolonging of security of a nation, and the breach of this puts threats towards the nation’s security, the appreciable example is Srilnka’s Financial crisis. This financial crisis not only leans an internal security threat in the country but brings political instability the result being Srilanka’s downfall in world politics. In this scenario, this paper aims to examine security threats through the financial crisis by taking into account the study of the financial crisis in Sri Lanka and aims to discuss India’s response to the tropical island nation of Srilanka. In this paper historical, analytical, and descriptive methods will be used, and secondary data sources like newspaper analysis, journal articles, web pages, blogs, etc taken into consideration for further analysis.757 views -
Arthashastra: The Kingship Theory
Student at Maharashtra National Law University, Nagpur, IndiaPages 2399 - 2408The lack of moral and ethical values amongst a few elected representatives and the political leaders which leads to acts of dishonesties and questions the entire political structure of the nation is the central stage of debate in the contemporary Indian politics. Various political thinkers and philosophers deliberate today the importance of politicians being moral and ethical. The Indian knowledge system should be explored to understand the duties and characteristics of a leader. The first Indian political thinker who has extensively written and discussed about the ethicality of a ruler (the government) is the great Kautilya. Kautilya in his treatise Arthashastra has very well defined and explained who a ruler actually is and how he should be working for the welfare of his state and people without being biased. Kautilya has deliberated upon the duties and responsibilities of a king besides on the ways how a king should be trained. The author in the paper attempts to understand the Kautilyan philosophy of kingship and state, and how a ruler (leader) should perform his duties and hence achieve good governance. Further in the paper author talks about the justice delivery system suggested and explained by Kautilya in Arthashastra, since Kautilya believed that good governance in state can only be achieved by a just and effective justice delivery system. The paper further tries to analyze the basic difference between Kautilya and other western philosophers.4,253 views -
Women & IP: A New Vista
Assistant Professor at Govt. Law College, Karaikudi, Tamil Nadu, IndiaPages 2409 - 2412World Intellectual Property Day is being celebrated on 26th April of every year. This Year, 26th April, 2023, the World Intellectual Property is being celebrated on the theme of ‘Women and IP: Accelerating Innovation and Creativity’. This theme has been announced by the World Intellectual Property Organization with the aim of increasing women's participation in Intellectual Property [hereinafter referred to as ‘IP’] eco-system. This is to honour and encourage the “can do” mentality of female innovators, artists, and entrepreneurs worldwide and their ground-breaking achievements. The theme undertaken by the World Intellectual Property Organisation (hereinafter referred to as ‘WIPO’) is the most contemporary one as women outnumber men and excel well in all spheres of human life. It is a progressive step by the womenfolk from Women Empowerment to Women Entrepreneurship; from woman as an individual to an inventor; from woman as a caretaker to creator. Though women constitute half of the population, the ratio of Woman as an inventor, creator and entrepreneur is relatively low when compared with the Men. It is in this background that WIPO has taken the initiative to create awareness among the womenfolk and to accelerate innovation and creativity among the women community. Hence, in this paper, a modest attempt has been made to explore the measures to be taken to increase the contribution by the womenfolk towards IP.842 views -
A Study of Witness Protection under the Indian Evidence Act
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 2413 - 2418In any criminal case, the witness is vital in shaping the final outcome. As a result, the parties often intimidate the witnesses, making them hostile and obtrusive to the administration of justice. As a result, it is critical to defend the witnesses so that they are not afraid or fearful of telling the truth in court. There are observer assurance systems in numerous countries all around the world.” Unfortunately, despite numerous attempts to improve, India still lacks a well-functioning witness protection program. "Framework and execution continue to be poor, and there are as of late a titanic number of conditions where the eyewitnesses go compromising. "This paper investigates the concept of witness assurance and discusses programs in a few countries." It then examines witness protection in India, the causes for failure, and lastly, recommendations for improvement. Witness protection plans and legislation are simply necessary at this time. In reality, the lack of these regulations has aided in the continued strengthening of criminals and offenders. But incongruously, such programs and laws are a far cry from reality in India, where the witness is not even treated with respect. Today, witnesses are frequently harassed. Not only is the witness bribed, weak, and abducted, but there is more.918 views -
A Critical Analysis of Article 51A(g) with special reference to Animal Cruelty in India
LL.M. Student at Amity University Uttar Pradesh, IndiaPages 2419 - 2470According to Mahatma Gandhi, "The greatness of a nation is judged by the way it treats its animals." Animals have been playing a vital role in determining the way people have lived since history can record man and animals cohabiting and changing over time. They have made substantial contributions to the formation of our culture and are known to be kind and generous creatures. They have participated in numerous religious activities since early ages, in addition to providing food and clothing. As man civilized, his demands, desires, and necessities grew. Man discovered new methods to devour and exploit nature and its treasures for the fulfilment of own desires. Animals began to be abused because they are vulnerable and unable to speak out against the atrocities they are subjected to. Many species have become extinct, and many more are on the edge of extinction. Although, natural causes of extinction might exist for certain species, human actions provide the greatest threat to wild animals. In today's competitive society, people are more prone to abuse and kill nonhumans to achieve their demands. These animals are frequently brutally killed, wounded, poached, and traded, or kept in chains and tortured. People are neglectful in their recognition of animals' basic rights. While we may have a duty not to cause unnecessary suffering to animals, when presented with a choice between the wellbeing of people and the welfare of animals, our moral commitment lays with humans. Humans are not considerate. Every animal is considered a living being who follows the same natural laws as humans and breathes, bleeds, reproduces, preys, and eats. Animals, too, have the right to be considered in terms of what is best for them. In an age when the global chains of trade and consumption derive a large proportion of their revenue from animals and the reliance on animals appears to be ever-growing with a population boom, much needs to be done for animal protection and welfare, as well as understanding and implementation of animal right.935 views -
Roshni Act is a Shakespearean ‘Serpent Under the Innocent Flower’: A Critical Evaluation
Student at the Law School, University of Jammu, IndiaPages 2471 - 2479The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act sought to transfer the ownership rights of state land to its occupants on the provisioned payment of certain cost which was to be determined by the government. The government while enacting the Act claimed that out of the revenue that would be generated by the costs paid by the occupants, spending would be done on commissioning hydroelectric power projects. William Shakespeare in one of his most famous tragic plays, Macbeth, said, “look like th’ innocent flower, but be the serpent under’t’”. In these lines, Shakespeare meant that ‘one should look innocent while pursuing murderous plans’ or ‘carry a legal appearance if your object or motive is illegal, in order to accomplish the illegal object without any hindrance or repulsion’. And so is the nature of the Roshni Act. The real object that has been officially claimed by the Jammu and Kashmir government is illusionary and has been held as such by the Jammu and Kashmir High Court. The Act is violative of many provisions of the Indian Constitution and, therefore, has been declared unconstitutional by the Jammu and Kashmir High Court.4,004 views -
GI Protection to Sweets and Popular Recipes
LL.M. Student at Amity University Noida, IndiaPages 2480 - 2489The growing trend of GI tags around the world has ignited a debate on the utility of such kind of IP protection. Geographical indication protection is provided to a product to establish that the product is linked to a particular location only. The protection granted to products based on the region of their produce may vary from country to country. Some countries have a high standard exclusive protection while others may have a flexible framework. This research focuses on the GI protection that is provided to the sweets and other popular recipes. The protection granted to a sweet or a recipe poses some underlying questions as to the viability of such protection and till what extent it can be enforced. A popular recipe need not be associated with a particular area, granted the proper method and ingredients, such a recipe could easily me imitated in any region. So the point of preponderance here is what will be the status of such recipes made outside the region which has been granted GI. This paper assesses the role of international instruments in protecting the tag of origin of a product. It discusses the Paris Convention on Industrial Property (1883) along with the Lisbon Agreement on the Protection of Appellations of Origin and their International Registration (1958). This project aims to bring out the drawbacks that the grant of GI tags to popular recipes using the current legal regime. In conclusion, the objective of this study is to suggest better alternatives to grant of GI protection granted to common recipes by analyzing the other indication of origin methods applied in Europe and China.872 views -
Evolution of Human Rights
Student at Asian Law College, IndiaPages 2490 - 2500This paper seeks to analyse what is human rights. how human rights evolution happened, classification of human rights. Define the difference between fundamental rights and human rights. Human rights are being protected by the law and human rights related organisations keep check and ensure that the rights are being protected or not. Human rights are the basic rights of every human regardless of where they belong, gender differences, color, race, language and money. The movement of human rights was started in Europe. In the era of industrialization, when laborers were losing their jobs because of installments of new machinery and they were facing a very critical situation, millions of people were jobless, they did not even have money to buy food, they were homeless and also basic needs of food and shelter were not being fulfilled. So, then the movement of human rights started. After independence, India played a very important role in protecting these rights. The Indian judiciary in India has played a key role in turning these rights into reality. Consequently, the court has adopted all legislative, administrative and judicial or quasi-judicial agencies within the scope of the law, acting as the supreme interpreter, protector and guardian of the constitution. The judiciary has the responsibility to review all government actions.942 views