Issue Archive · Open Access
Volume VI – Issue IV / 2023
Articles · 239
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More than six months after the country passed the Personal Data Protection Law, the architecture of the institution that handles personal data protection in Indonesia is still a big question. This Law not only regulates the rights and obligations of interested parties, but also puts pressure on the President to form a special institution that takes care of the implementation of personal data protection. At the same time, leakage of personal data continues to occur, both in government agencies and in business entities. In fact, personal data is information that is excluded from disclosure. This paper maps out the institutional challenges faced by Indonesia as one of the largest internet user countries in the world. This paper focuses on (i) a general overview of government institution in Indonesia; (ii) personal data protection organization; and (iii) challenges faced by personal data protection institutions in Indonesia. The research was conducted with qualitative methods through data collection of literature studies and electronic data tracking. The data collected from official websites of the Indonesian Government, mass media, social media, and any documents. To analyze field findings, this study uses the process of tracing method. The findings in this study indicate that there are six challenges found: aspects of the institution's standing, institutional form and structure, implementation of authority, preparation of infrastructure and institutional support facilities, accountability and supervision, and human resource recruitment and systems.804 views
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Pages 18 - 29This article explores the challenges and provisions of India’s Juvenile Justice System in addressing the issue of child begging. With a focus on the legislative framework, including the Juvenile Justice (Care and Protection of Children) Act of 2015 and amendments to the Indian Penal Code, it examines the legal measures in place to combat child begging and hold offenders accountable. The analysis highlights the role of the Juvenile Justice Board and the Child Welfare Committee in safeguarding the rights and well-being of child beggars. However, several gaps and challenges within the system hinder its effectiveness, including inadequate implementation, limited rehabilitation programs, and barriers to access justice. The article concludes with suggestions to strengthen the system, such as improving implementation, expanding rehabilitation initiatives, streamlining legal procedures, and fostering international collaboration. By addressing these challenges and implementing comprehensive measures, India can protect the rights of child beggars and provide them with the support necessary to reclaim their lost childhood and build a brighter future.801 views
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Phenomenon of Trademark Bullying in India
Student at Panjab University, IndiaPages 30 - 40Trademark protection legislation was enacted to give trademark owners exclusive proprietary rights, a monopoly over their trademarks, and safeguard the public’s goodwill. It was designed to prevent the sale of counterfeit goods under a well-known brand name, but when these owners go above and beyond their legal rights to defend their mark, the term “trademark bullying” is used. Trademark bullying takes place when one party attempts to threaten another party by alleging that the other party has infringed upon the aggrieved party's trademark. Such allegations are supported using vague and baseless claims. The aggrieved party may intimidate the other party by initiating legal proceedings against them or by sending cease and desist legal notices. The practice of a proprietor being overprotective of their mark and enforcing trademark rights beyond the required limit and scope of trademark law is called Trademark Bullying. When large corporations aim to eliminate competition from markets, they send out a standard cease and desist letter that includes legal threats of trademark infringement and dilution. They also indicate that they have had success litigating other businesses that use identical trademarks, and then they file an opposition action against the small business. The effect on small businesses that lack financial or legal backing is that they seek a settlement in which they are asked to remove their marks, which is accepted by the small businesses. Because of the litigation, small businesses have to pay a lot of money for rebranding, removing products from the market, and losing their reputation.1,429 views -
Unveiling the Cyber Crime Shadows: Exploring the Dark Side of NFTs and the Logan Paul Cryptozoo Scam
Student at Jindal Global Law School, Haryana, IndiaPages 41 - 50In the vast digital landscape, Non-Fungible Tokens (NFTs) have emerged as unique assets representing ownership of digital content, revolutionizing the world of art, music, and collectibles. However, the dazzling rise of NFTs has also paved the way for cybercriminals seeking to exploit vulnerabilities in this new and booming market. This article delves into the intriguing world of NFT-related cybercrime, using the infamous Logan Paul CryptoZoo scam as a case study. Drawing upon the Logan Paul incident, the article explores the various financial crimes that plague the NFT space. The article also presents an in-depth analysis of the financial crime theories applicable to NFTs. These frameworks help unravel the motivations and modus operandi of cybercriminals, explaining how they exploit the unique characteristics of NFTs and the anonymity of the digital realm. Moreover, this case study underscores the pressing need for regulations in the NFT and cryptocurrency ecosystems, as well as the importance of education and due diligence for prospective NFT investors. It highlights the risks associated with celebrity endorsements and the imperative of cautious evaluation, regardless of the involvement of famous personalities. The article concludes by emphasizing the multifaceted implications of financial crimes on victims, extending beyond monetary losses to reputational damage and emotional distress. As the NFT market continues to thrive, it becomes paramount to address the growing cybercrime risks and develop effective strategies for detection, prevention, and mitigation. By shedding light on the Logan Paul CryptoZoo scam, this article serves as a wake-up call for the industry, urging stakeholders to protect the interests of NFT market participants and foster a secure and trustworthy digital marketplace and to do so, it also makes brief mention to various crypto regulatory regulations across the world.1,748 views -
Should India become a Party to ICSID: Impact on Development of International Commercial Arbitration in India
Student at NMIMS, Kirit P. Mehta School of Law, Mumbai, IndiaPages 51 - 57This abstract examines the potential impact of India becoming a party to the International Centre for Settlement of Investment Disputes (ICSID) on the development of International Commercial Arbitration in the country. ICSID, established under the ICSID Convention, offers a framework for resolving investment disputes through arbitration. By joining ICSID, India could gain access to its dispute settlement mechanisms, which could have various implications for the development of international commercial arbitration within the country. This analysis highlights several key points. Firstly, accession to ICSID could enhance investor confidence in India, as it would demonstrate the country's commitment to a fair and impartial dispute resolution mechanism. This increased investor confidence may attract more foreign direct investment, contributing to India's economic development. Secondly, India's participation in ICSID would offer opportunities for Indian arbitrators and professionals to gain experience in investment arbitration. This exposure to international arbitration proceedings could enhance India's arbitration expertise. However, challenges may arise as well, like joining ICSID may limit India's policy space to regulate investments in the public interest, as the ICSID Convention includes provisions that protect investor rights. Therefore, it is crucial for India to carefully assess and address any concerns to ensure the preservation of its domestic policies. Lastly, it is important to note that while ICSID focuses on investment disputes, international commercial arbitration covers a broader range of disputes. Consequently, India's accession to ICSID primarily impacts investment arbitration and may not directly influence the development of international commercial arbitration within the country.1,261 views -
Pages 58 - 73This systematic review aims to explore recent approaches and interventions targeting parents of intellectually disabled children. Intellectual disability (ID) is a neurodevelopmental disorder characterized by significant limitations in intellectual functioning and adaptive behavior. Parents of intellectually disabled children often face unique challenges in providing optimal care and support for their children. Understanding the latest approaches and interventions can help identify effective strategies to improve outcomes for both parents and their intellectually disabled children. A comprehensive search of electronic databases was conducted, resulting in a final selection of relevant articles published between 2019 and 2023. The findings of this review shed light on recent trends in supporting parents of intellectually disabled children and highlight areas for future research and intervention development.705 views
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Sedition Law in India: Judicial Interpretation and the Need for Reform
Advocate in IndiaPages 74 - 95The sedition law in India has been a subject of immense debate and controversy due to its potential clash with the fundamental right to freedom of speech and expression. This paper aims to provide a comprehensive analysis of the sedition law in India, examining its historical context, legal provisions, and judicial interpretations. The study begins by tracing the origins of the sedition law in colonial India and its subsequent inclusion in the Indian Penal Code. It highlights the intention of the framers of the Constitution to strike a balance between safeguarding national security and protecting individual liberties, as reflected in the exceptions to freedom of speech and expression. The paper then delves into the judicial interpretation of the sedition law post-independence. It discusses landmark cases such as Kedarnath Singh v. State of Bihar, where the Supreme Court laid down the essential ingredients of the offense of sedition and emphasized the importance of distinguishing between criticism of the government and incitement to violence. Furthermore, the paper explores the challenges associated with the application of the sedition law, including its potential for misuse and chilling effect on free speech. Lastly, the study concludes by emphasizing the need for a nuanced and balanced approach to sedition laws in India. It suggests the importance of safeguarding national security while ensuring that the right to dissent and express opinions freely is adequately protected. The paper calls for a re-examination of the sedition law to align it with the principles of constitutional democracy and international human rights standards.948 views -
Understanding Fraudulent Transfers: Legal Implications
Student at Kristu Jayanti College of Law, Bangalore, IndiaPages 96 - 102In the realm of property law, fraudulent transfers present an intriguing puzzle, challenging the principles of transparency and fairness. This study embarks on an exhilarating journey to unravel the intricacies surrounding fraudulent transfers under Section 53 of the Transfer of Property Act, 1882. Through a straightforward approach, the authors navigate fraudulent intent, the aggrieved creditors' plight, and the protection afforded to bona fide transferees. By elucidating the legal challenges faced by creditors and exploring the safeguards available to bona fide transferees, this paper endeavors to equip legal professionals, creditors, and stakeholders in the field of property law with a comprehensive understanding of fraudulent transfers. The findings of this research provide a solid foundation for legal practitioners, offering insights into the intricate workings of fraudulent transfers and their implications within the broader context of property law.1,277 views -
Engendering Gender Justice in India: The Role of Humanities and Social Sciences in the Law Schools in India
Advocate in IndiaPages 103 - 110Legal education is an empowering tool as it adds to the intellectual faculty of an individual by imparting the knowledge of law which encompasses the domains of morality, ethics, justice, equality and so on. As a matter of fact, law does not function in isolation, it is drafted and executed to regulate and bring order to the society. Therefore, law must function in context of the socio-economic conditions existing during the time of its execution in order to be effective. It is when humanities and social sciences in law schools become highly relevant. Women form almost of the population in India and thus, understanding the nature and efficacy of their rights and entitlements, become an area of significance in the light of the principle of sustainable development. Justice, especially, Gender Justice requires the knowledge of cultural and socio-economic conditions prevailing in the society that lead to all-round marginalization of women, in order to take gender-transformative measures which target such conditions. Any law or policy in this regard, must inform the socio-economic conditions prevalent in the concerned area to which it applies. The paper seeks to analyze the importance of humanities and social sciences in law schools for effective law and policy which aims at advancing and achieving for gender justice, while highlighting the fact that lawyers, besides forming a part of legal fraternity, remain active participants of social life in various capacities ranging from civil servants, political leaders to academicians.1,043 views -
Explaining Crime against Women in the Districts of West Bengal: An Analytical and Empirical Analysis
Pages 111 - 125Crime against women has been a major social problem originates from our patriarchal socio-cultural system. The present study estimates the district specific crime rate against women in West Bengal using the data drawn from the National Crime Record Bureau (NCRB) in 2021. There exists a wide range of variability of the crime rate across the districts. Cruelty by husband shares the maximum percentage (viz. 74.73) whereas the least percentage (viz. 1.93) is found in dowry death in total crime against women. The maximum crime rate is found in Darjeeling and the minimum is found in Purulia district. We try to understand the association between crime against women and selected socio-economic and cultural parameters of the districts in West Bengal. It is observed that crime against women is positively associated with female education and urbanization whereas it varies negatively with the multidimensional poverty. Our findings go against many studies highlighting the facts that female education reduces the crime against women and it aggravates with the incidence of poverty; thus our results reignite the issue of the determinants of crime as well the under-reporting cases of crime against women in West Bengal.1,765 views -
An Analysis of the Uday Kotak Committee Report on Corporate Governance and Its Implications in Today’s Time
Student at NMIMS Kirit P. Mehta School of Law, Mumbai, IndiaPages 126 - 137The Uday Kotak Committee Report on Corporate Governance is a comprehensive study on the current state of corporate governance in India and provides recommendations for improvement. The report emphasizes the need for increased accountability and transparency in the boardroom and a more proactive role for independent directors. It also calls for a more robust disclosure regime and the creation of a comprehensive corporate governance framework. The report has several implications for corporations and stakeholders in today's time. Firstly, it highlights the need for companies to improve their governance practices and make their boards more independent and diverse. Secondly, it calls for greater transparency and accountability in corporate reporting and for companies to adopt best practices in terms of disclosure and corporate responsibility. Finally, it stresses the importance of stakeholder engagement and the need for companies to be more responsive to the needs of their stakeholders. The Uday Kotak Committee Report on Corporate Governance represents a significant step forward in the development of corporate governance in India. Its recommendations provide a roadmap for companies to improve their governance practices and better serve the interests of all stakeholders. The report is a must-read for anyone interested in understanding the current state of corporate governance in India and its implications for the future.890 views -
Sustainable Development and its Legal Framework in India: An Analysis
Assistant Professor at Maharashtra National Law University Nagpur, IndiaPages 138 - 149There is a need to develop new approaches to deal with the effects of growing urbanization, such as rising demands for water and electricity, hygiene, services provided by the government, education, and healthcare. This paper aims to discuss the challenges and issues associated with sustainable development policies and their legal framework in India. We cannot deprive natural resources for economic growth and development. For growth to be sustainable there must be a balance between economic, ecological, and social growth with the protection of natural resources. The developmental advancement of science and technology cannot permit environmental degradation. The Concept of Sustainable development was formalized in UNCED in 1992 and reflected in various international declarations, conventions, etc. has become a part of national law and its policy. Hence, development policies must be strategized and aimed toward ecological vis-a-vis social growth. In response to increasing environmental challenges, Indian policy towards sustainable development need to be reformed. However, for such policy reforms to be effective, it needs to restrict certain limitations on government or private agencies within the bounds of economic development. This paper will demonstrate and analyze policies of environmental development, challenges and issues of environmental laws in India, and their legal application.1,382 views -
Defining the Digital Paradigm of the Indian Legal System
Student at Aligarh Muslim University, IndiaPages 150 - 160In the contemporary scenario, scientific and technological advancements have cloaked every corner of the activities associated with the routine life of human societies. In India, although technological advances have been under contemplation and scrutiny since the 1960s, they have marked a drastic shift in the pandemic and the post-pandemic era. The COVID-19 omens have contributed vehemently to the further utilisation of the existing technologies. Such technologies aided in the continuation of the routine of the man's life without causing any extreme nuisance to the daily life. It is not wrong to say that, if pandemic on one hand, holistically annihilated the structure of world societies, on the other hand, it advanced the technological know- how. These advancements are not confined to the arenas of giant Multinational Corporations (MNCs) or the tertiary sector, rather they have made rapid strides in the Indian Justice System. Since, the instances of crime and injustice never come to a pause, the need for the mechanisms to resolve and reconcile the wrongs done during the pandemic period and to decide pending cases before the courts incepted that leads to the vociferous usage of digital tools and platforms like Zoom. The incessant evolution of technological mechanisms, gradually paved the way for cyber or online crimes which was further intensified by the exclusive dependence on technology during the pandemic period led to an increase in the statistics of online crimes in India. This paper tends to analyse the reasons that led to the transformation of the Indian Judicial System from physical courtrooms to digital courtroom, from heaps of files to paperless filing. In the similar vein, the paper will analyse the impact of technological evolution and dependency during the pandemic period on the Indian Justice Delivery System from the lens of legal professionals. A threadbare perusal of the legal and regulatory framework shall reveal the legal nuances of the changing paradigms in the justice delivery system. The statistics provided by the international organisations for instance, The International Telecommunications Union will be relied upon to trace the changing trends.926 views -
Interpreting Censorship: A Comparative Study of Obscenity and Pornography in Indian Jurisprudence
Assistant Professor at C.M.P. Degree College, University of Allahabad, IndiaPages 161 - 173This article presents a comprehensive study of obscenity and pornography in the Indian legal system, analyzing the provisions under statute, judicial interpretations, emerging challenges, international perspectives, and influences. Drawing from historical references like the Khajuraho temples and the Kamasutra, this study explores the delicate balance between freedom of expression and public morality in the Indian context. Through an examination of landmark court cases and evolving jurisprudence, it provides insights into the legal principles employed and the challenges in navigating this complex terrain. The article also considers international perspectives, including the use of tests like the Hicklin, Roth, and Miller tests, in determining obscenity. The purpose of this study is to contribute to the ongoing discourse on censorship, freedom of speech, and the protection of public morality, offering a nuanced understanding of the Indian legal system’s approach to regulating explicit content in a diverse and rapidly changing society.1,386 views -
Uniform Civil Code in India: Is it the Need of the Hour?
Assistant Professor at Navjeevan Law College, Nashik, IndiaPages 174 - 181In this article we are discussing the Uniform Civil Code or which is called UCC as it is popular known to India and whether India really need Uniform Civil Code. Now what exactly is this UCC, so UCC in common laws it governing the personal matters it means things like marriage divorce, succession, guardianship rights, minority rights etc personal aspects of the life and the laws related to these matters are what are covered under the UCC. India is country of diversity. And Unity in India is beauty of diversity. This article discuss all the arguments in favor of UCC also arguments against UCC.918 views -
Mediation: Prospects and Problems
Student at Law Centre 2, Faculty of Law, University of Delhi, IndiaPages 182 - 187Mediation has gained popularity as a cost-effective and efficient means of resolving disputes. It offers parties in a conflict the opportunity to engage a neutral third-party mediator to facilitate communication and negotiation, leading to a mutually acceptable agreement. This essay explores the prospects and problems associated with mediation, focusing on its impact on access to justice, procedural fairness, confidentiality, and enforceability. Mediation offers numerous advantages compared to traditional dispute resolution methods. It promotes cooperation and non-adversarial approaches, allowing parties to find mutually acceptable solutions. It is particularly valuable in preserving relationships and is faster and more flexible than litigation. Mediation's confidentiality protects discussions and encourages transparent conversations. However, mediation faces challenges, including power imbalances, procedural fairness, enforceability concerns, and mediator biases. It is crucial to ensure equal participation, maintain mediator impartiality, and provide adequate training and expertise. Mediated agreements may lack enforceability, requiring voluntary commitment. Certain conflicts may not be suitable for mediation. Solutions such as a uniform mediation statute, mediation-focused institutions, regulatory bodies for mediator qualifications, and public awareness initiatives can enhance the effectiveness of mediation. By addressing these challenges and implementing appropriate strategies, mediation can flourish as a valuable tool for achieving justice and resolving conflicts harmoniously.748 views -
Doctrine of Double Jeopardy under the Constitution of India and the Code of Criminal Procedure, 1973: A Comparative Analysis
Assistant Professor at West Bengal Higher Education Department at Government Centre of Legal Education (Formerly PG Department of Law, Hooghly Mohsin College) Government of West Bengal, Chinsurah, Hooghly, West Bengal, IndiaPages 188 - 197Art. 20 clause (2) of the Constitution of India incorporates the principle which is known as the doctrine of ‘double jeopardy’ in Anglo-American jurisprudence. Fifth Amendment to the American Constitution provides that “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” Before the present Constitution in India there was no such provision in Government of India Act, 1935. The principle was however incorporated in Section 26 of the General Clauses Acts, 1897 and Section 403 of the Old Criminal Procedure Code, 1898 which now finds mention under Article 20, clause of the Constitution of India and Section 300 of the Criminal Procedure Code of 1973.1,513 views -
Pages 198 - 213India's film industry has a rich history spanning over a century. Although mainstream Hindi films have dominated, regional and parallel films have also been well-received. Every decade has produced exceptional films with great stories, techniques, and acting. Films serve as a powerful medium for conveying information about history, civilization, philosophy, politics, education, and religion. Indian filmmakers have recently explored unique themes, reflecting changes in society and culture. Societal factors have been a source of inspiration for Indian filmmakers, and contemporary films incorporate themes relevant to present times. Marginalization is the process of pushing a particular group to the edges of society either by force or voluntarily. Socially disadvantaged groups may be marginalized due to factors such as caste, class, gender, or a lack of political opportunities. Meanwhile, privileged groups based on class and caste are considered important within the same society. This difference between advantaged and marginalized groups has been highlighted in popular media such as cinema and books. This research paper delves into the nuanced exploration of how social stratification, particularly based on caste and class, is portrayed through the medium of movies in contemporary society, spanning a time of three decades. The study aims to critically analyze the cinematic representation of these social divisions, discerning the underlying themes, messages, and ideologies that emerge from the narratives presented on screen.1,083 views
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The Mundkar System in Goa: Historical Land Tenure and Legislative Developments
Assistant Professor at VVM’s Govind Ramnath Kare College of Law, Goa, IndiaPages 214 - 219In Goa, India, the mundkar was a historical land tenure system prevalent amongst the Catholic crowd during the Portuguese colonial rule. In the 16th century, it allowed the tenant farmers who are poor known as mundkars to live and cultivate on the land owned by landlords who are wealthier in exchange for labor and a share of the agricultural produce. It played a very significant role in shaping the agrarian economy of Goa, providing opportunities of livelihood for the landless farmers and ensuring a stable work labour for landowners. With time, the mundkar system underwent various legislative developments, with the introduction of protective measures and legal safeguards. Substantial changes were brought about by The Goa, Daman and Diu Mundkars (Protection from Eviction) Act of 1975, redefining the concept and ambit of mundkar and providing more security of tenure. It aimed to prevent arbitrary evictions of the mundkar and also protect the rights of mundkars. The mundkar system remains an important aspect of Goa's agrarian landscape despite its prominence diminishing in recent years.2,928 views -
Women in International Courts and the Need for Action
Graduated from O.P. Jindal Global University, IndiaPages 220 - 228The infamous Simon Commission had arrived in Bombay (now Mumbai) with the intent of reviewing the administrative practices and providing potential reforms towards British India in the year 1928. Among the many issues of such a commission, one pertinent and significant issue caused severe backlash from the Indians and boycotted by the Indian National Congress, the commission was even met with black flags and chants of “Simon Go Back” due to the very issue that has oppressed individuals through centuries and eons, the issue of representation. The commission simply consisted of seven Members of Parliament under the authority of Sir John Simon. A stark sense of historical irony can be realized with the aid of this case, but what has it taught us. We see that at the heart of any form of governance, administration or judgement, there is a need for proper representation to enable better and more importantly just outcomes. This paper extrapolates this very thread, by examining the question of representation in the context of women in international courts. The above historical account of the commission finds its place in this paper as a well-known account of clear-cut injustice in relations to a lack of representation and may form an inclination in the readers mind towards the premises and conclusions of this paper and an overall angle in which this paper navigates. The paper essentially portrays the trends of international courts in appointing female judges, the stark under-representation of women in this field, the negative effects that this would thereby cause and finally methods to remedy this dearth of female judges. The need for affirmative action is especially highlighted with a clear demarcation in the differences of election between the International Criminal Court and the International Court of Justice. The striking gender-parity in the former gives rise to a possible model document that may be referred to, so as to attain the ideal of proper representation.721 views -
India’s Maternity Benefit Act can Revolutionise the Global Labour Standard, if it addresses Present Issues
Student at Symbiosis Law School, Pune, IndiaPages 229 - 241Longer maternity leave works as a double-edged sword for mothers and negatively harms the women's employment market. Since, almost every other country in the world offers new mothers longer leaves than new fathers, with around half of all nations completely omitting paternity or gender-neutral parental leave. The current Indian lawdespite ground-breaking amendments to the Maternity Benefit Act in 2017, failed to recognise this persisting hidden gender bias. Therefore, putting more effort into encouraging fathers to take leave is a necessity. Also, numerous studies have shown that small businesses frequently recruit more males to reduce the "burden" of maternity leave. Since this puts the employer, who is motivated by profit, in a advantageous position despite being directly in conflict with the primary intent of the Act. Therefore, a model based on collaboration between the government and employer when it comes to covering the expense of benefits is necessary to strengthen the position of women in workforce. About 95% of employed women in India work in the unorganised sector, thereby not having access to paid maternity leave. This renders the Maternity Benefits Act ineffective for most. Further, Budgetary allotments have been a huge letdown despite the fact that the National Food Security Act specifically permits pregnant and lactating women to get 6,000. This research paper explores and provides constructive comments on the present standards and potential of paternity leave, how much of the benefit burden should the employer bear, as well as the necessity and scope of extending the benefits to the unorganised sector. The authors look into existing paternity leave models in different countries along with existing policies in certain private companies, so as to provide effective suggestions on how parental benefits can be optimally implemented in the country to further the primary intent of the socially beneficial Act.935 views -
Pages 242 - 252Terrorism is a threat to every country; it does not have any religion, caste or face. In the era of globalization where there is a free flow of goods and services and economic development and prosperity on one side, there are some factions of society who are unsatisfied and in pathetic condition on the other side. These few unsatisfied people in society use some unacceptable and undesirable means using violence and threat as a method to get their demands fulfilled and create chaos and unrest at the international level and came to be known as terrorists. In today’s world where whole the world is looking forward to providing just and humane conditions to its citizens, the problem of terrorism is a global hindrance in this direction. The United Nations has been formed with the intention to secure peace and security around the globe therefore it has also worked in the direction of counter-terrorism and has passed various Conventions in this direction. The UNSC and the whole world have been continually working in the direction of countering terrorism in which India also played an important role. India has recently hosted United Nations Security Council’s Counter-Terrorism Committee (UNSC-CTC) in October 2022 in which India strongly condemn the act of terrorism and terror financing by some neighbouring countries. Countering terrorism is not a responsibility of a single nation or an organization but a global responsibility, therefore strong and effective action is the need of the hour to contain this cancer prevailing in society. This can be done by collective efforts only then we can provide and preserve the Human Rights of the people and provide them with an adequate opportunity for their overall development.793 views
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Pages 253 - 263Workers are the backbone of our country, and a country's economic prosperity is largely dependent on them, however, the workers who work behind the scenes are often overlooked. Our legislative body has passed several labour laws for the benefit of workers, like the Factories Act of 1948, which was enacted with the goal of improving workers' working conditions. In this respect, the Factories Act of 1948 has specific provisions and rules relating to worker health, safety, and welfare. Although, there are various Labour Laws, which provided numerous provisions for the welfare of the workers but still it appears that certain lacunas are there and to cover up those lacunas the Legislative body has adopted the Code on Occupational Safety, Health, and Working (OSHW) Conditions, 2020, which replaces 13 labour laws, one of which being the Factory Act of 1948. This Code was created in order to integrate and harmonize workplace rules governing occupational safety, health, and working conditions across all work sectors in India. If the Occupational Safety, Health, and Working Conditions Code, 2020 is enacted, it will make business compliance easier for business owners while also benefiting workers. The Government had good intentions while drafting and creating this Labour Code but it failed to meet the majority of the worker's expectations as its execution remains an ongoing cause of concern.1,664 views
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Section 112 of the Evidence Act: How Effective is it in Modern Times?
Student at Symbiosis Law School Pune, IndiaPages 264 - 271The section 112 of the Indian evidence acts deals with the conclusive proof of legitimacy of the child born during the existence of a valid marriage or a child being born after 280 days of dissolution of marriage provided that the mother remained unmarried. The section allows only one exception which is of non-access. 2023 turned out to be a year where the courts series of judgment have taken a literal interpretation of the case had held that as long as the couple have access to each other the child born will be legitimate, the supreme court had also gone to the extent to state that even if the wife is in an adulterous relationship the presumption of the legitimacy of the child cannot be uprooted under the section 112 of the evidence act. This brings us to the question of how effective the section 112 of the evidence act in reality is and whether the section is still effective in current times thus the aim of this paper is to understand the section 112 as well as to analyze the reason behind the varying judgements by the courts; while also understanding the impact of the advancement of science on this section and by finally concluding by determining the lacunae present in the section and how to fill the gap present.1,868 views -
Pages 272 - 282This article provides a comprehensive review of the advantages of concept mapping in English language teaching (ELT). Concept Mapping is a powerful instructional tool that promotes meaningful learning and facilitates the development of critical thinking skills. This review explores the benefits of concept mapping in various aspects of ELT, including vocabulary acquisition, reading comprehension, writing skills, and language production. Additionally, it discusses the pedagogical implications and offers practical suggestions for implementing concept mapping strategies in the language classroom. Overall, this review highlights the significant advantages of concept mapping as an effective approach to enhance English language learning outcomes.3,972 views
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Cries of the Caged: Investigating IHL Breaches During the War in Afghanistan in the Guantanamo Bay Detention Camp
Student at Delhi Metropolitan Education, Noida - Affiliated to GGSIP University, New Delhi, IndiaPages 283 - 297In the midst of a global war on terror, the Guantanamo Bay Detention Camp emerged as a notorious symbol of the complexities and contradictions surrounding international law and human rights. This research paper, titled "Cries of the Caged: Investigating IHL Breaches During the War of Afghanistan in the Guantanamo Bay Detention Camp," delves into the dark corridors of this facility to shed light on the violations of International Humanitarian Law (IHL) that have taken place within its walls. Drawing upon historical background, legal context, and the principles of IHL, the paper explores the contraventions of detainees' rights, including torture, denial of due process, and violations of privacy and access to medical care. It reveals the unique challenges faced at Guantanamo Bay and the urgent need for reform. The role of state and non-state actors is examined, uncovering the complex power dynamics that perpetuate injustice. Furthermore, the paper offers thoughtful recommendations for reform, aiming to restore justice, transparency, and respect for human rights. This research paper serves as a poignant reminder of the moral imperative to uphold the dignity of all individuals, even in times of conflict. By investigating the cries of the caged and exposing the breaches of IHL, it ignites a call to action for readers to join the pursuit of justice and advocate for meaningful change in our world.1,119 views -
A Comparative Analysis of Global Perspective and Implications of Corporate Social Responsibility
Senior Assistant Professor at Department of Law, Prestige Institute of Management and Research, Indore, IndiaPages 298 - 310“Business is part of society, and how it reacts to expectations should not be as a response to an external force but as a response to forces which it is part and parcel of.”- Lord Holme (Bourne 1999) It is generally believed that sustainable development is development that "meets the needs of the present without compromising the ability of future generations to meet their own needs". Academic and business professionals have acknowledged the importance of sustainable development and the integration of sustainability into organisational business processes. Many nations join together to debate a wide range of topics at the international level. One of the topics is social responsibility, a subject on which conferences are held all around the world. Not only is corporate social responsibility extended to India, but the idea is widely recognised on a global scale. Other nations also practise corporate social responsibility in their own unique ways. There is a need to discuss the global viewpoint on corporate social responsibility for other corporate social responsibility practicing nations like France, Germany, Singapore, Malaysia, South Africa, Netherland UK and in Sweden. This research paper investigates the nations which are engaged in Corporate Social Responsibility activities in order to determine whether these provisions are applicable in nations other than India. The main aim of this study is to better understand how policies in different countries integrate sustainable business and social cooperation. It is an attempt to contribute to research by examining the integration of Corporate Social Responsibility and corporate sustainability.862 views -
A Study of Capital Punishment in India and Its Constitutional Validity
Student at Kirit P. Mehta School of Law, NMIMS, Mumbai, IndiaPages 311 - 319While capital punishment has existed since time immemorial, in recent times the mode of punishment and the ideology behind it has gathered massive backlash. The general consensus around the penalty seems to be mixed, with some countries completely doing away with the practice while others using it as a deterrent for petty crimes. When talking specifically about India, one would assume that the land famous for the preaching of ‘ahimsa’ would be one of the abolitionists of such a heinous punishment, but that is not the case; pre and post independence India has always been a practitioner of the death sentence, with both Indian Penal Code and Code of Criminal Procedure having provisions dealing with the punishment. The purpose of this paper is to understand the past and present condition of capital punishment in India alongside studying its constitutional validity which has been questioned time and again. The paper explains the theories of punishment which the death penalty relies on and various past judgments in order to explain the position of the punishment in society. After in detail discussion of organizations aiming to abolish death penalty in India on humanitarian grounds, precedents were also used to justify the constitutional validity of the punishment alongside arguments for continuation of the penalty.728 views -
Understanding Mental Health Care Needs of Women Prisoners with special reference to Indian Prisons Set-Up
Ph.D. Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 320 - 329Women make up a rising portion of the global prison population, which presents a special challenge in front of correctional authorities to tackle the very basic physical and mental health care needs of them that is usually seen as a neglected subject in the whole catena of reformation and rehabilitation of prisoners. The mental health status of incarcerated women is affected by a myriad of factors that range from the physical conditions in which they live to the culture of the prison system and the systemic neglect they experience from within the legal system. Mental health problems among women prisoners can be in the form of distress, depression, anxiety or any other neurotic disorder and the main reasons behind all these issues especially in Indian prison system ranges from unfulfilled psycho-social needs to substance use addictions, hostile attitude of the prison administration towards mental health needs, poor sanitary conditions and lack of familial affection due to isolation. Therefore in order to integrate the incarcerated women into the community life after their release, its very pivotal that they should remain both physically and mentally sound and this can only be achieved through the combined efforts of the three main organs of government in India in light of the new model prison manual, mental health care act 2017 and the upcoming Model Prisons act of 2023 which needs effective and timely implementation in its letter and spirit.793 views -
Evolution of Indian Judicial System
Assistant Professor at Babu Banarasi Das University, IndiaPages 330 - 339The Indian judiciary played a pivotal role in the struggle for independence. Lawyers and judges became leaders of the nationalist movement, advocating for civil rights and challenging oppressive laws. The Montague-Chelmsford Reforms of 1919 and the Government of India Act of 1935 further expanded the jurisdiction and powers of the high courts. Post-independence, the Indian Constitution of 1950 provided the framework for an independent and impartial judiciary. The Supreme Court of India, established as the apex court, became the guardian of fundamental rights and the final interpreter of the Constitution. Judicial activism, public interest litigation, and the concept of judicial review have since become significant aspects of the Indian judicial system. In recent years, efforts have been made to address the challenges of delay and backlog of cases through technology-driven initiatives like e-courts and alternative dispute resolution mechanisms. The establishment of specialized tribunals to handle specific areas of law, such as the National Green Tribunal and the Intellectual Property Appellate Board, has further strengthened the system. In conclusion, the evolution of the Indian judicial system reflects a dynamic process of adaptation and growth, blending indigenous practices with external influences. From its ancient roots to the present day, the Indian judiciary has emerged as a vital institution for upholding justice, protecting rights, and ensuring the rule of law in a diverse and rapidly changing society.1,986 views -
Impact of the Historic Judicial Trends on the Women’s Right to Abortion in India and USA
Assistant Professor at ICFAI Law School, Hyderabad, IndiaPages 340 - 351In its landmark judgment, the Supreme Court of India, granted equal rights to bodily autonomy to unmarried women on par with married women in the case of X vs. The Principal Secretary Health, on 29th of September 2022. The judgment is highly applauded by the women rights activists since it upholds the ‘reproductive autonomy’ of women. Interestingly, this significant development in the Indian abortion laws happened soon after the US Supreme Court took a shocking regressive step of depriving the American women of their constitutional right to abortion, by overruling Roe vs. Wade, (1973). This historic ruling influenced the reproductive rights of women everywhere for almost half a century. These two directly opposing decisions, brought the perpetually debated ‘the right to abortion’ to the headlines once again. This article intends to analyze the impact of the historic judicial trends on the abortion rights of women as well as on the families and the society. At the outset, it presents some important phases in abortion regulation, and the development of the right to abortion in India, and USA. It also includes a discussion on the development of ‘right to privacy’. The paper ends with some concluding remarks and suggestions.813 views -
AI and Judicial Decision-Making: Implications for Criminal Trials in India
LL.M. Student at Rajiv Gandhi National University of Law, IndiaPages 352 - 362Criminal law and judicial decision-making are being transformed by AI. How far can AI be integrated into the judicial decision-making process and how does it affect criminal trials in India? AI's ability to mimic human cognition and transforming aspects of society is introduced in the study. It highlights AI's benefits in criminal trials, including improved data analysis, document management, language translation, investigative support, security, legal research etc. The study also delves into the function and influence of AI in the judicial process. It looks at the steps taken by the Indian judicial system, such as the use of artificial intelligence-based systems for real-time transcription, judgement translation, and court management. It also provides an example of a judge who utilised AI to rule on a bail application, demonstrating how AI can be applied in the judicial system. Concerns like bias, interpretability, accountability, and the reduction of human experiences to mere data points are highlighted in this study as they pertain to the influence of AI on judicial decision-making. Concerns about discrimination and unfair outcomes are raised, along with issues of explainability and predictive analytics. In light of the prevalence of AI-generated evaluations, it is stressed how crucial it is to keep human judge’s ability to think critically. The study concludes with case studies from China and England that demonstrate AI's practical applications and limitations in the judicial system. These instances show difficulties including reliance on inadequate data, computational errors, and the need for regulation, monitoring, and responsibility in AI technology use. To secure the responsible and ethical use of AI in judicial decision-making and the preservation of human judgement and dignity, it emphasises the need for effective legislation, human-oversight, and accountability systems. This research study discusses AI's possible benefits and drawbacks in judicial decision-making.1,220 views -
Pages 363 - 378Social media, which facilitates communication and brings people from all over the world together, is a really important piece of technology in today's world. Due to the widespread use of social media in India today, including Facebook, WhatsApp, and Telegram, the country is now catching up to the rest of the globe. India has a large population, therefore, thanks to 4G technology and the general public's addiction to the Internet, Internet speed has improved nowadays. Today, every citizen in the nation has a smartphone and a social media account. In this case, the tribal people are competing with India's technologically advanced population on social media by articulating their rights in a very beautiful manner. In the previous ten years, social media in India has undergone significant development, as can be seen, if we pay close attention. Additionally, this move is political. various political stances via social media to make people in one's community, caste, religion, and caste more aware of social perspectives and their rights while also disseminating this information through social media. Other significant issues deserve discussion, such as the fact that over the past few years, a number of mainstream TV media outlets in India have demonstrated that it is preferable to inform the tribals of the absence of crucial news from the mainstream media because we understand them. Many people also observed that their news did not appear on the newspaper's front page. In order to distribute news consistently, they developed their own news channel using alternative print, TV, and social media outlets and made individuals in their own community and other communities aware of it while doing so. Social media is used to spread a variety of messages to the public, including disadvantages, complaints, demonstrations, and other messages.737 views
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Suicide: Psychology, De-criminalization and a Global Perspective
Student at Dr Vishwanath Karad MIT World Peace University School of Law, Pune, Maharashtra, IndiaPages 379 - 389Suicide is deliberately taking your own life and plummeting deceased yourself by. The three key components of a suicide are: It must be an unnatural death; (ii) the suicide victim must have the desire to end their life; and (iii) there must be a motivation for doing so. Some people risk killing themselves, but that isn't suicide; it's just not careful and unfortunate. Wide-ranging existential concern like religion, honor, and the purpose of life has influenced people's opinions on suicide. Though attempted suicide is a brutal issue that necessitates mental health intervention, it is nevertheless regarded as an offense under Indian Penal Code section 309. While attempt suicide and suicide were once prohibited, this is no longer the crate in the majority of Western nations. In certain nation, it is still a crime. Suicide is considered critically practically everywhere in the globe and is regularly perceived as a great calamity for families, neighbors, and further surrounding supporters. In this paper, author has tried to give details the significance of suicide, its psychology, whether it should be De-criminalized and how diverse countries view it. Suicide is painstaking unfavorably practically everywhere in the globe and is often perceived as a great calamity for families, kin, and other nearby supporters. This paper ends with concluding remarks by the author as per his/her analysis.799 views -
AI and the Fight against Climate Change: Opportunities and Challenges for Environmental Law
Advocate at Supreme Court of Nepal and Assistant Professor at Nepal Law campus, Tribhuvan University, Exhibition Road, Kathmandu, NepalPages 390 - 398AI has the potential to revolutionize the fight against climate change, but it also poses new challenges for environmental law. The future of environmental law depends on the responsible development and use of AI, as AI can be used to both help and harm the environment. Artificial intelligence (AI) is transforming many industries, and the fight against climate change is no exception. AI has introduced to enable machines or computer systems to perform tasks that typically require human intelligence, such as learning, reasoning, problem-solving, and decision-making. The idea behind the development of AI is to create intelligent machines that can perform tasks that would otherwise require human intelligence, skills, and expertise. AI is a double-edged sword when it comes to climate change: it can be used to help us track and mitigate climate change, but it can also be used to create new environmental problems. AI applications such as energy forecasting, smart grids, and climate modeling have the potential to greatly enhance our ability to mitigate and adapt to the impacts of climate change. However, these technologies also raise important legal and ethical questions that must be addressed. This article examines the opportunities and challenges of using AI in the fight against climate change from an environmental law perspective. It explores the potential benefits of AI in enhancing environmental monitoring, improving resource efficiency, and supporting climate adaptation and mitigation strategies. It also examines the legal and ethical challenges posed by AI, including issues of accountability, transparency, and bias. The article argues that environmental law must keep pace with the rapid development of AI to ensure that its potential benefits are realized while minimizing its risks and negative impacts on the environment.964 views -
A PCAOB Case Study of Price Waterhouse Coopers Canada: Widespread Cheating of Auditors on Internal Continuing Professional Education Tests
Professor of Accounting and Business Law at the College of Business, Tarleton State University, Fort Worth, Texas, USAPages 399 - 411This is a case study of In the Matter of Pricewaterhouse Coopers LLP, an administrative disciplinary proceeding conducted by the U.S. Public Company Accounting Oversight Board (PCAOB) on February 24, 2022. The specific issues covered in this case include: (a) the PCAOB rules and quality control standards which were violated by Pricewaterhouse Coopers Canada (PwC Canada) during the period 2016-2020; (b) the internal training requirements for PwC Canada personnel; (c) how PwC Canada failed to establish adequate quality control policies and procedures related to integrity and personnel management; (d) the widespread sharing of answers to training tests at PwC Canada; (e) sanctions against PwC Canada imposed by PCAOB; (f) remedial measures required to be undertaken by PwC Canada; (g) implications for CPA firms emanating from this case; (h) implications for auditors emanating from this case; and (i) implications for the PCAOB emanating from this case.821 views -
Trade Wars: National Security and WTO
Student at Christ (deemed to be) University, Bangalore, IndiaPages 412 - 424In this article, the researchers try to do in-depth research of what exactly trade wars are and analyses the role played by the World Trade Organization in resolving these matters, also analyses the effect that the trade wars have on the world economy and other aspects related to international trade and international relations between different nations. The article also talks about various ways in which a trade war is fought, how trade is regulated by the World Trade Organization, and Trade Rivalry between countries and why trade wars are fought in the first place. It also discusses the prominent trade wars that have taken place in the temporary world and how the World Trade Organization has taken cognizance of the same. In the end, the article concludes by suggesting the way forward and how such matters should be dealt with more efficiently.827 views -
Balancing Privacy and AI: Legal and Ethical Consideration
Student at Indore Institute of Law, Indore, IndiaPages 425 - 432In the 21st century where the paramount importance to the technology or the area of machine learning, the emergence and development of the artificial intelligence and related system has been in discussion these days. Think of a time when you enter a hospital and you see no doctor instead you see robotics to carry out the treatment. Isn’t that interesting but what if the same has life threatening effects on your body. Before diving deeper into Artificial intelligence and its implication on data privacy it becomes significantly important that we understand what artificial intelligence, what is the greatest power we humans are entrusted with it is the capacity and ability of the human brain to think and understand. So artificial intelligence does the work of carrying out the task that humans can do, they try to replicate the abilities of the human mind but artificially. With Ais as an emerging power, it is important to regulate the Artificial intelligence since we are surrounded with AI and we are depending on AI for the completion of our task in one way or the other. The scariest part of the system is that the computer system uses our stored data in order to ease our work. The Ais algorithm learn from our earlier data’s and most of the time such data is used by the countries to spy on their citizens. This is where the problems or room for negative consequences arise. There is hardly any legislation that deals with such a risky issue. The apex court has itself reiterated that right to privacy is a fundamental right under Article 21 of the Constitution of India. Therefore, it becomes the need of the hour that we understand the problems that are occurring in the global sphere through the use of artificial intelligence and hence it is high time that we need proper framework to ensure that regulations are suggested to prevent future deterioration of the conditions in this emerging field of Artificial intelligence.793 views -
Jurisdiction Over High Seas: An Analysis of Enrica Lexie Case
Student at Amity Law School, Noida, IndiaPages 433 - 452The case of Enrica Lexie (Republic of Italy v. Union of India), which is a landmark case regarding the ramifications on the Law of the Seas, is discussed in the article. This is a contentious dispute involving the country's legal system since it involves the Killing of two Kerala fisherman on board the Enrica Lexie by two Italian marines in February 2012 which was almost ten years ago. This occurrence occurred around 20.5 nautical miles away from the shore of the Indian territorial limit, where the oil ship Enrica Lexie was stationed. The crime had been perpetrated in the water while flying the Italian flag. After this incident, the two mariners according to the Indian Penal Code were arrested on a variety of offences. The Republic of Italy claimed that India lacked jurisdiction over this issue and that it was also in violation of the United Nations Convention on the Law of the Sea, which both countries had accepted and so made them a party to the convention. The argument has sparked intense debate between the Italian Republic and the Republic of India as well as the entire international community. Therefore, the case offers the occasion for critical reflections on a hotly debated issue of international law. The conundrum of state jurisdiction for crimes committed at sea also encompasses led to a dangerous disagreement between the nations, which in turn caused a diplomatic crisis among the nations. The legal ramifications of this issue would be covered in the subsequent document, and the opposing viewpoints continued to exist between the two countries, and some of the Problematic disagreements about the rule's application were based on Law of the sea convention, usually referred to as the United Nations Convention on the Law of the Sea (UNCLOS). This paper deals with the analysis of the case and jurisdiction over the high seas and different maritime zones and how this case created diplomatic disputes between the two countries and the social and legal impact of the case.1,345 views -
Structural Framework of Child Rights from Indian Legal Perspective
Research Scholar at GITAM University, Andhra Pradesh, IndiaPages 453 - 466The rights of the Child are always area which has been highly speculated legal domain and India is no exception. So are the rights that is available the children are primordial or it has been progressed to protect the children from every contemporary matter of contentions. This research majorly focuses on the constitutional rights and other legal rights that protects the children and its resonance with international instruments. The research throws the light on the application of the laws and the judicial activism which maintaining the sanctity of child welfare.639 views -
Cryptocurrency Regulations and Developments in India
Student at Jaipur National University, IndiaPages 467 - 471Cryptocurrency is a relatively new concept in India. Initially, there was apprehension among the Indian government and central bank about the use of cryptocurrencies that had no underlying legal framework and no physical form. However, over time, the Indian government and central bank started to recognize the potential for cryptocurrencies to revolutionize financial services. As of 2021, the Indian government has yet to decide on a regulatory framework for cryptocurrencies; however, they are exploring different regulatory options and some states have announced their own plans to regulate cryptocurrency transactions. This essay will discuss these regulations and analyze the current state of cryptocurrency regulations in India. We will evaluate the current situation and provide potential solutions that can benefit the Indian economy. Additionally, we will examine the implications of introducing a regulatory framework for cryptocurrencies in India and analyze the possible positive and negative impacts of such a framework. Finally, we will discuss potential alternatives and other considerations that should be taken into account when crafting a regulatory framework for cryptocurrency in India.811 views -
Surrogacy Laws in India
LL.M. Student at Symbiosis Law School, Noida, IndiaPages 472 - 479A woman, who is also known as the surrogate, and the intended parents who are willing to have a child enter into a legal contract in order to fulfill their desire to become parents via the process of surrogacy. This arrangement has evolved into one that is considered standard and acceptable in today's culture. When a mother or a woman wants to have a child but cannot conceive for any number of reasons (whether they be medical or personal), a lot of individuals choose to go the route of surrogacy instead. A mother's life is likely to be put in danger as a result of giving birth to a child. It is a blessing for parents or people who want to have a kid but are unable to, which is why it is even more vital to have correct rules on this topic. Surrogacy is a blessing for parents or people who want to have a baby but are unable.723 views -
Existence and Subsistence of Homosexuality in Homo Sapiens: A Comprehensive Study through the Lens of Science, Evolution, Religion and Law
Advocate (Registered at Delhi Bar Council) in IndiaPages 480 - 498Having a homosexual orientation is neither a choice nor a post-birth environmental cum familial affect but one is born as such. Currently the right to homosexual marriage is the talk of the season, people are fighting for it and against it. Several points and arguments are coming up in court enlightening the public about the concepts. So here is my contribution as a research paper towards the community this pride month. My primary aim with this paper is to explain the reason behind the emergence and subsisting of homosexuality in humans with the help of biological, environmental (prenatal and postnatal), religious, psychological, evolutionary, social and legal standpoints. I analyzed the claims and myths related to homosexuality and tried to accept or debunk them wherever necessary. Throughout the manuscript I extensively scrutinized famous studies and surveys like Twin Study, Xq28 study, Chromosomal study, Finger digit ratio survey, study of older brother effect, effect of prenatal stress survey etc. Additionally I emphasized upon the contribution of homosexuality towards evolution and natural selection along with the reasoning about how the existence of homosexuality is justifiable within mankind. The role and importance of homosexuals towards the society and family is also discussed within the paper. I also elaborated about the facts and evidence of homosexuality in Hinduism. Towards the end of the manuscript, I examined the day wise details of the ten days long hearing held by a five judge bench in the Supreme Court upon the plea of legalization of same sex marriage in India along with the judgement. In conclusion of the paper I have attempted to derive the importance of change in mindset of people and why the acts of discrimination, abuse and ostracisation against them is unacceptable. Also the importance of inculcating the real meaning of love, care, acceptance and freedom.1,110 views -
Marital Rape Law in India: The Need for Social and Legislative Reform
Student at O.P. Jindal Global University, IndiaPages 499 - 504This paper aims to examine the gap in marital rape law in the Indian legislature. Under Section 375 of the Indian Penal Code 1860, any kind of sexual act by a man on a woman against her free will or consent would constitute rape. However, as an exception to this, it is also mentioned that sexual intercourse or sexual acts by a man with his own wife when the wife is above 18 years of age would not constitute rape. This paper examines the invalidity of this exception in totality as per the norms of present day feminism and legislature as it violates a married woman’s fundamental right to equality, the right to life with dignity and the right to self-expression. Moreover, the fact that husbands can be penally charged for other lesser crimes against their wives with the exception of rape creates an anomaly that needs to be addressed to safeguard fairness, justice and basic human rights. Despite many horrifying instances of marital rape in judicial history, the offence of marital rape continues to hide under legal ambiguity. This breeds a culture of silence, tolerance, and violence behind closed doors as the social construct of ‘marriage’ conveniently continues to serve as a licence for the same.905 views -
From Qualitative to Quantitative Approach: Shift from CSR to ESG Reporting
Assistant Professor at Amity Law School, Amity University, Lucknow, IndiaPages 505 - 515The landscape for doing business has changed drastically. The new parameter to judge the criteria of corporate functioning is sustainability. Though CSR has established itself as a sustainability tool (enabling companies to make a social or environmental impact thus benefitting communities) it has however not been able to keep pace with the sustainability parameters. An important reason has been that CSR initiatives undertaken could not be quantified. CSR acted as a method to create a corporate image that the corporation is doing meaningful work for society. However, over the years, investors and also consumers have become more aware of the importance of sustainable investing as well as buying. Investors are preferring to invest in companies that can with factual data prove their contributions to society and their impact on the environment. This has compelled the corporations to take resort to more quantified methods which has ultimately led them to shift from CSR to ESG reporting. ESG stands for Economic, Social and Governance ESG is a set of standards for a company’s behaviour used by socially conscious investors to screen potential investments. It can be understood as a framework that enables stakeholders to analyse how an organization manages risks and opportunities related to environmental, social and governance criteria. ESG practises have resulted in better operational performances of the company. In spite of the benefits, there have been instances wherein ESG reporting has been used by companies to give misleading information about their product being environmentally sound. Such practices cause harm to consumers while misleading investors as to the impact of the company’s operations on society and the environment. ESG is the future of Corporate Reporting. It is required that the ESG governance standards must be improvised( which are at present complex and subjective. Attempts must also be made to frame universal ESG reporting guidelines.1,147 views -
An Overview of International Civil Aviation Arbitrations
Student at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 516 - 524International Civil Aviation is a vital global commercial industry that tends to connect the global market, this makes it more complex and expensive to operate a business in this industry. This civil aviation industry includes passengers, airlines, aircraft manufacturers, and airport authorities all around the globe, all of these are regulated by International Civil Aviation Organisation (ICAO). Being diversified with various regulations and laws under public international law and private international law, this industry needs a vital dispute settlement mechanism to adapt to its requirements with low cost and confidentiality. This question is answered through arbitration as it provides essentially what this industry needs which are party autonomy, confidentiality, cost-efficient and flexible dispute settlement mechanism. The International Civil Aviation industry needs Arbitration as it involves more technical persons to adjudicate because all judges may not have the expertise and knowledge in the field of aviation, further Arbitration makes it more flexible and has no time-consuming procedures like conventional courts. Major aircraft manufacturers tend to choose arbitration as their primary dispute settlement mechanism between client airlines because each and every aircraft designed for the airlines with their registered country’s safety specifications will involve millions of dollars in cost and market competition decisions. Each Airport Authority of every nation will have internal dispute settlement mechanisms in which arbitration deals with disputes arising from passengers, selected airlines, and air traffic control related. Recent developments in the judiciary and global markets made it mandatory to settle disputes primarily with arbitrations and it further added it as a buffer layer before conventional litigation for avoiding pending litigations which can be observed by the decrease of 12% approx. in both international and domestic courts.902 views -
Rural Health Care System in India: A Critical Analysis
Pursued LLM in Constitutional and Administrative Law from Christ (Deemed to be) University, Bengaluru, IndiaPages 525 - 536India is a country with a diverse population, culture, and geography. Despite recent improvements in the healthcare system, there is still a significant gap in the quality of healthcare between urban and rural areas. The rural healthcare system in India faces several challenges that hinder its ability to provide effective and timely healthcare services to the rural population. These challenges include inadequate healthcare facilities, a shortage of healthcare professionals, and poor healthcare infrastructure. The lack of basic amenities such as clean water, electricity, and sanitation, as well as the limited transportation infrastructure, makes it difficult for patients to access healthcare facilities located far away from their homes. The government has taken significant steps to improve the rural healthcare system. One of the most significant initiatives taken by the government is the National Rural Health Mission (NRHM), launched in 2005, which aims to provide accessible, affordable, and quality healthcare to the rural population. Moreover, different judicial pronouncements have declared Right to Health as a fundamental right. A three-tiered scheme has been created for the health care facilities in rural regions that include- Sub-Centres(SCs), Primary Health Centres(PHCs) and Community Health Centres(CHCs) which work at different levels to facilitate good health to the rural population. To address the challenges faced by rural healthcare in India, a comprehensive approach is needed that addresses the root causes of the challenges. This approach must include improving healthcare infrastructure, increasing access to healthcare services, improving sanitation and hygiene, increasing the availability of essential medicines, raising health awareness, and increasing funding for rural healthcare. This research paper deals with all of the above mentioned aspects and reaches to a rational conclusion.1,117 views -
Many youths in India are unemployed, underemployed or working in low quality jobs and working long hours for very low wages. Many of those athletes are engaged in extremely hazardous work or obtain only short-term or informal employment arrangements. More than 60 percent of youth are unemployed due to lack of workplace skills. Self-awareness is described by Kindt and Rowell (2012) as the ability to understand your values, personality, goals, and feelings. The message that came up again and again at the Supporting Champions Conference in 2019 was really about listening! Because listening is much more difficult than talking and you will find that most people love to talk. So, adaptability is also a skill which was mentioned we have already talked about adaptability that you have to communicate mind to get desired results but we need to be adaptable in all kinds of situations.682 views
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Laws Relating to Arms and Ammunitions in USA & India: Responsibility of a Country or a Citizen
Student at MIT World Peace University, IndiaPages 548 - 556India and the United States, which will be discussed in this research study, are well-known arms-rich nations that possess not only conventional weapons such as firearms and cannons, but also nuclear weapons, missiles, biological and chemical weapons, etc. The two nations both have highly formidable militaries, but the military, military regulations, and large weapons are not the focus of this study. Rather, we focus on the lesser issues pertaining to the ordinary people, or rather the inhabitants of the country, and their access to pistols, revolvers, and rifles. In the United States, around 44% of Republicans and 20% of Democrats own weapons, while India possesses over 71 million firearms, making it the second biggest in the world. Gun ownership in both nations is further split by gender, geographic location, values, and level of education. It would be fascinating to examine further in this article how both nations have a well-organized licensing legislation and sanctions for breaking the law, but criminals are able to flee and sit in the comfort of their homes.769 views -
Hate Speech & Media Laws in India: A Critique
Ph.D. Scholar at National law University & Judicial Academy, Assam, IndiaPages 557 - 562Hate speech has emerged as a pressing concern in India as it possesses a significant challenge of maintaining public order in a society. It is not just limited to the broadcast media but has also parallelly accessed the digital space. In this Article, the Researcher aims to address the issue of hate speech in Indian context by firstly trying to define the concept of hate speech and then discussing upon the challenge of balancing the right to freedom of speech and expression versus hate speech and explaining the importance of distinguishing between hate speech and right of dissent which is fundamental to any democracy. This article also makes an analysis of the present laws on the subject and discusses the role played by the judiciary and the self – regulating bodies in tackling the issue of hate speech.941 views -
AI’s Impact on Law and Human Rights: Gaps, Challenges, and Vulnerabilities
Student at Symbiosis Law School, Pune, IndiaPages 563 - 570This article addresses the gaps and obstacles in the legal and human rights issues surrounding machine learning (AI), as well as how these issues have an impact on basic human rights concepts. These problems include: algorithmic openness, cybersecurity weaknesses, unfairness, bias, and prejudice, lack of contestability, problems with legal personhood, problems with intellectual property, negative effects on workers, problems with privacy and data protection, liability for harm, and lack of responsibility. The article uses the concept of 'vulnerability' to help readers understand significant areas of concern and to direct risk and impact mitigation actions to safeguard people's well-being. This article advances the discussion, which is crucial, while appreciating the good work done in the field of AI legislation and the fact that it requires continual examination and agility in approach.1,012 views -
Why do we obey Laws?: Naturalism or Positivism
Student at Marwadi University, IndiaPages 571 - 585According to Thuku, “Civil disobedience is not our problem; our problem is civil obedience. Our problem is that numbers of people all over the world have obeyed the dictates of the leaders of their government and have gone to war, and millions have been killed because of this obedience. Our problem is that people are obedient all over the world in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves, and all the grand thieves are running the country. That is our problem” The question of why we should obey law can be answered by either natural law or legal Positivism. The philosophy of jurisprudence presents two common models; one which stresses the necessary connection between law and morality and the other which denies such connection. The choice between law embedded in morality or law separated from it illustrates the ideology of Natural law and legal positivism. To understand the concept of obeying laws, it is vital to analyze both models. The research assessed the role of natural law and legal positivism in defining laws and the reasons offered by each model for obedience to the dictates of the law. The comparison of the two perspectives of the law helps in understanding the most realistic model that makes laws mandatory for the people and communities governed by the law. The concept of law depends on the social and political life while jurisprudence emphasizes on the themes of justice, equality, and fairness. Jurisprudence answers the basic question of what is the nature of law and its purpose.2,130 views -
A Study of Constitutional Validity of Capital Punishment in India
Student at Chhatrapati Shahuji Maharaj University, Kanpur, IndiaPages 586 - 593The same premise—that wrongdoing must be punished—underlies all punishments. The majority of religious and moral systems preach that bad actions have bad results. To stop others from committing wrongdoing is the primary goal of punishment for offenders. Its severity and irreversibility make its justice, appropriateness, and effectiveness more debatable than those of other penalties. Supporters of the death penalty regard it as a potent deterrent to crime. They emphasise the use of the death penalty as a deterrent or as a tool to prevent or punish crime. They think it provides the most justice for those who were victims of horrific atrocities.In India, the execution of death row inmates has altered over time. When it came to the offences for which it was used, the death penalty was more frequently and harshly enforced in the past. For instance, in the 1950s and 1960s, the death penalty was applied to a variety of crimes, such as rape, attempted murder, and drug-related offences. However, since the 1990s, the death penalty has been reserved for the most heinous crimes and is no longer applied as regularly. For instance, in India there were only 8 executions in 2010 compared to 151 in 1995.Conflict has long surrounded the death penalty, not just in India but also in a number of developed nations. In its Charter of Rights, the United Nations proclaims the death penalty to be a crime against humanity and urges all of its member states to do away with it.775 views -
Automatic Vehicle and Self Driving Cars, Future of India but Miles to Go
Student of St Xavier's University, Kolkata, IndiaPages 594 - 599The growth of automated cars attributed to various factors like speedy development in sensor processing technologies, adaptive algorithms, high definition mapping, vehicle to vehicle communication technologies etc . But in India the present situation is not that bright for the automated vehicles. Motor Vehicle act 1988 does not give any permission for autonomous vehicles and not even testing of autonomous vehicles. Extreme weather conditions, Poor road conditions, pot holes, lack of net facilities in several parts of the country, radar interference, lack of knowledge of common people regarding road safety are also few factors which pose challenges to this new technology. Road condition is not same in all over the country, as difficult roads, terrain , muddy roads are very common in India. Automated car also beneficial for India’s environment Pollution problems. But, Socially and technologically India is not ready to welcome this revolution. But amendments of laws, implementation of better traffic rules, improvements in network connectivity and last but not the least change in peoples’ mindset can change the scenario.813 views -
Sexual Harassment at Workplace: Comparative Analysis of India and Bangladesh
LL.M. Student at Symbiosis Law School, Noida, IndiaPages 600 - 608Sexual harassment is the archetype of violence because it involves unwanted and inappropriate physical approaches and sexual connotations. It goes from verbal offences to physical violence. It may occur everywhere, including businesses, educational institutions, and public spaces. Sexual harassment is not unique to Bangladesh; in this era of gender-based violence, it is pervasive around the globe. Both sexual harassment perpetrators and victims might be male or female. Despite the fact that workplace violence and harassment have been a worldwide reality for decades, there were no legally enforceable international instruments forbidding or mandating nations to adequately handle workplace violence and harassment. In Bangladesh and other South Asian nations, sexual harassment is sometimes referred to as "eve-teasing," therefore diminishing its gravity. Using a euphemism for something that is profoundly improper diminishes the gravity of the behaviour. By classifying sexual harassment as "eve-teasing," we argue that women in the same scenario are both teased and deserve to be teased. Today, both Bangladesh and India are suffering same issue. No female employee is secure, and they lack a sense of safety. There have been advances in the legislation of several nations to protect female employees from sexual harassment. India is a liberal democracy. Article 21 of India's constitution stipulates that all citizens have the fundamental right to live with dignity. However, there is no statute that particularly addresses sexual harassment. Laws are incapable of providing victims with justice. There have been several instances taken before the supreme court of India, but none have been successful in establishing new sexual harassment statutes. In 1997, the Supreme Court attempted to establish a precedent in Vishakha's case. In this case, the Supreme Court contended that distinct statutes are necessary, but this argument did not receive the necessary consideration.949 views -
It is pretty evident that climate change has surpassed human capacity to regulate, as demonstrated by the unprecedented intensity of storms and heat waves. The human population has gained knowledge regarding the necessity of reducing greenhouse gas emissions, as evidenced by phenomena such as the melting of polar ice caps and the detrimental effects of smog. However, ultimately, the majority of individuals tend to overlook or disregard this matter. The underlying rationale is straightforward: individuals possess the advantage of being able to exercise this privilege. However, it is important to acknowledge that across the globe, there exist individuals who endure ongoing hardships as a result of the persistent alterations in climatic conditions. One disheartening aspect is that these individuals make minimal contributions to the emission of Carbon Dioxide (CO2) into the environment, yet they bear the brunt of its consequences. Conversely, individuals who possess comprehensive literacy skills and enjoy socio-economic advantages often exhibit a disregard for their role in perpetuating the hardships experienced by marginalized populations. This study aims to establish a clear distinction between the two concepts and examine the diverse international frameworks pertaining to climate change. It demonstrates that these frameworks primarily prioritize long-term objectives, while exhibiting hesitancy in implementing immediate measures to safeguard individuals who are particularly susceptible to the impacts of shifting climate conditions. The primary objective is to attain environmental justice while also ensuring equality and comprehending the exploitation of the environment by the purportedly privileged class, which subsequently contributes to climate change, thereby significantly affecting the livelihoods of street vendors, rag pickers, and farmers. This paper will address the daily challenges encountered by individuals in question and propose potential resolutions to these issues.1,008 views
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False Promise to Marry as Rape: A Need to Rethink the Foundational Precepts
Student at O.P. Jindal Global University, Sonipat, IndiaPages 626 - 628This article proposes the idea of rape by deception, calling for the creation of a fresh statutory rape defence. It makes the case that those who impersonate an adult should not be held legally responsible for statutory rape since this defence protects adult victims from criminal accountability when a minor deceives them. By addressing the subject of phoney marriage pledges, the essay highlights the need of shielding rape victims and their families from the psychological, social, and physical repercussions of the crime. It makes an argument for the punishment of those who engage in sexual behaviour under the false pretence of marriage by analysing pertinent portions of the Indian Penal Code and court rulings. The research emphasises the relevance of permission gained via deception and draws attention to the expanding range of rape accusations. It also analyses the Allahabad High Court's position on whether sexual activity occurring during a marriage qualifies as rape and calls for the creation of a new statutory rape defence to appropriately handle these situations.832 views -
Disrobing Shell Companies Combating Maliciousness through Corporate Governance
Student at O.P. Jindal Global University, Sonipat, IndiaPages 629 - 640The term shell company is derived from a shell which has an outer covering but nothing inside. The terminology of “nothing inside” signifies the fact that it doesn’t have tangible operations. Shell corporations could be viewed as a planned system set up to engage in dishonest acts. The expansion of shell firms in the market is no longer surprising. What’s shocking is that how quickly these corporations are mushrooming across the globe. Nonetheless, such businesses are legitimate till the time their illegal actions are concealed and unchallenged. Our paper will outline the efforts adopted by the government to eliminate shell corporations in attempt to regulate illegal financial activities, facilitate clarity, and promote overall improved governance practices. In addition, we tried to cover the law surrounding the shell firms. Part I discusses about the introduction to shell firms and the motive behind setting up these companies. Part II deals with the steps initiated by the Ministry of Corporate Affairs by “Operation Clean Money”. Part III represents our analysis and certain suggestions we could develop in our minds through the research.1,128 views -
The Rationales behind Freedom of Speech & Expression and Trademark Law
LL.M. Student at National Law School of India University, Bangalore, IndiaPages 641 - 652The basic premise of the functioning of the state is the liberty of its subjects. Such liberties are often reduced into an underogable written document called the ‘Constitution’. As Patrick Henry puts it “The Constitution is not an instrument for the Government to restrain the people, it is an instrument for the people to restrain the Government.” Freedom of Speech is recurrently considered as the first and foremost axiom of liberty. It is the enforcement of freedom of speech and to express oneself that gives birth to liberties of other description. The unbridled ability to express one’s ideas and thoughts without any fear of sanctions constitutes freedom of speech in the true sense and thus shall be protected perpetually. This untrammeled protected is warranted as it allows the progression of state by opening up platforms for fearless & free discussion, propagation of ideas and values, dissemination of information, formation of viewpoints and opinion on mattes and issues of public importance like economic, social and political matters and thus consequently allows people to think, reason out and criticize the decision making of the government, if required. In this way the freedom of speech & expression serves as the bastion of democracy. The Constitution of India guarantees to the citizens of India the solemn right to Freedom of speech & expression vide Article 19(1)(a). This portentous right can be exercised throughout the territories of India subject to the restrictions enshrined under clause (2) of Article 19. The scope of the freedom of speech & expression has been under judicial scrutiny right from the very enforcement of the Constitution. Judicial interpretations of the freedom of speech & expression have been aimed to augment and magnify the scope of the said freedom in order to cover the maximum facets within its umbrella.806 views -
The doctor in all realms is considered to be light of God. However, they still are humans and are made up of human elements, which definitely include committing a wrong that may be in the form of an act or omission. This wrong can also be from the end of the support staff. So, in such a scenario, it is imperative to determine who was negligent, and under what circumstances. In India, such matters are delved upon the India Judiciary to decide. But the difficulty arises upon the Judges to decide the matter as they are not medical professionals. They have to put reliance upon the expert’s opinion and then apply the basic principles of law of the land. A study shows that there is a 110% rise in the number of medical negligence cases that are reported every year. The study also brings out the fact that 12% of the cases decided by the consumer protection forum are related to medical negligence out of which 90% are the cases involving hospitals. Between 60 to 66 per cent of the cases filed are because hospitals do not take proper consent from relatives before performing certain procedures or changing hospitals, or due to improper documentation throughout the course of diagnosis and treatment. In this paper the authors have talked about the legal aspects associated with Medical Negligence. The paper talks in depth about the treatment of Judicial Response of Medical Negligence under Consumer Protection Act, 2019.951 views
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Jallikattu: The Supreme Court of India Welcomes Back the Bulls
Assistant Professor at V M Salgaocar College of Law, IndiaPages 667 - 676Jallikattu, a traditional bull-taming sport, holds cultural significance during the Pongal festival in Tamil Nadu. The event has been a subject of debate due to concerns about animal cruelty. The Supreme Court of India banned Jallikattu in 2014, citing violations of the Prevention of Cruelty to Animals Act. However, protests erupted across Tamil Nadu, demanding the lifting of the ban to preserve the cultural heritage associated with Jallikattu. In response to the public outcry, the Tamil Nadu government passed an amendment in 2017 to allow Jallikattu under certain regulations. In May 2023, the Supreme Court upheld the 2017 amendment, recognising the historical and cultural significance of Jallikattu while considering the welfare of animals and legislative authority. The court emphasised that the amendment did not violate constitutional rights or fundamental duties, including the duty to protect the environment. The judgment reflected a balanced approach, respecting cultural traditions while upholding legal frameworks and constitutional principles.The debate surrounding Jallikattu highlights the delicate balance between cultural customs and animal rights. It also underscores the evolving societal values and the need for thoughtful decision-making. The recent ruling acknowledges the legislative activity surrounding Jallikattu and affirms the importance of cultural heritage. It signifies the significance of respecting traditions while ensuring the welfare of animals and upholding constitutional values. Overall, the Jallikattu issue showcases the complexities surrounding cultural practices and the consideration of animal welfare. The Supreme Court's decision aims to strike a balance between tradition and compassion, demonstrating the ongoing evolution of societal norms and the need for a nuanced approach in resolving such disputes.1,262 views -
42nd Amendment: The Miniature of Indian Constitution
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 677 - 684The constitution is a document that should only be amended with great caution.For good nurture and education implant good constitution.As Indian culture is dynamic and not stagnant, it is necessary to make changes as needed to meet the needs of the people and then develop laws suitably. This may be done by adding to, changing, or repealing the legislation. As some time recently the laws were made as per the requirement that time Be that as it may, how as time is changing considering is changing hence it's important to bring the alter in-laws. That's why alterations are essential to managing the world happening Alterations are presented within the structure so that structure can make a alter and bring alter as per the requirements of the society. As At the time of 1950 our social, temperate and political situations were not a few that's why it is vital. To annihilate the issues concerning laws by correcting them able to rid of it. The meaning of the Amendment isn't given in Indian structure but revisions are said beneath article 368 of Indian structure. As revisions are the amalgamation of adaptability and rigidity however, it is neither rigid not flexible .moreover it is partial rigid and flexible. An inflexible structure can't be corrected effectively, i.e., the US Structure. An adaptable structure can be revised easily. Indian structure is more adaptable than unbending. After the plethora sum of amendments one of the foremost imperative corrections to the Indian Structure took birth namely the 42nd Correction Act, of 1976. The Indian National Congress, which at the time was led by Indira Gandhi, approved it. It is often referred to as the "Mini-Constitution" because of the numerous changes it has made to the Indian Constitution.Its size has earned it the moniker "Mini-Constitution." The 42nd Alteration made several changes to the Structure, including the Preface and the structure modifying clause itself, as well as including a few more contemporary articles and sections.1,163 views -
Pages 685 - 696The Supreme Court of India, established under the Constitution, plays a pivotal role in safeguarding and interpreting the Constitution of India. As the highest judicial authority in the country, the Supreme Court acts as the guardian of the Constitution, ensuring the protection of fundamental rights and the proper interpretation and enforcement of its provisions. This paper examines the multifaceted role of the Supreme Court in upholding and interpreting the Constitution, focusing on its functions as an interpreter, protector of fundamental rights, guardian of federalism, and promoter of social justice. The Supreme Court possesses the power of judicial review, allowing it to review the constitutionality of laws and executive actions. Through this power, the Court ensures that the government operates within the constitutional limits and prevents any violation of fundamental rights. It has the authority to strike down any law or action that is found to be inconsistent with the Constitution, thereby safeguarding the rights and liberties of individuals. Furthermore, the Court's interpretations of the Constitution have provided stability and continuity to the constitutional framework of India. Notably, the doctrine of basic structure, established in the Kesavananda Bharati case, restricts the Parliament's amending power, ensuring the preservation of essential constitutional principles. The Supreme Court's role extends beyond interpreting the Constitution to actively protecting and enforcing fundamental rights. Through Public Interest Litigation (PIL), any individual or organization can approach the Court directly to seek judicial intervention in matters of public importance. This jurisdiction has been instrumental in addressing issues related to environmental protection, gender equality, right to education, and access to justice. The Court has been proactive in safeguarding the rights of marginalized sections of society and holding the government accountable. In addition to protecting fundamental rights, the Supreme Court serves as the guardian of federalism in India. It adjudicates disputes between the central government and state governments, ensuring a harmonious and cooperative relationship between them. The Court's interventions have played a vital role in maintaining the balance between the centre and the states, preserving the federal structure of the country.4,628 views
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An Overview on Criminalizing Marital Rape in India
Assistant Professor at Jogesh Chandra Chaudhuri Law College, Kolkata, West Bengal, IndiaPages 697 - 703Women are among the most vulnerable population group in society. Sexual offences are the outcome of patriarchal phenomenon which is deep rooted in our socio-cultural environment. Sexual violence is omnipresent into a family. Rape within marriage definitely holds a serious concern as it is derogatory to the core of womanhood. The history of considering marital rape as an exception gets its moorings from the ancient patriarchal social phenomenon where the patriarchy finds it justifiable too. The IPC 1860 does not criminalise marital Rape, it does not recognise that a forcible sex between a husband on his wife could amount to rape. Even the Legislature is not interested in updating the law on marital rape and criminalise it. Many countries all over the world has criminalised marital rape as it is a violation of fundamental rights. Therefore, this is the high time for the Legislature to take steps towards the criminalisation of marital rape in India.668 views -
A Critical Analysis of Scheduled Castes in India
Ph.D. Scholar at Department of Sociology, Chaudhary Charan Singh University, Meerut, U.P, IndiaPages 704 - 714This study attempts to chart the development of the status of India's scheduled castes from ancient times to the present day. Traditional caste hierarchy and the functionalism that goes with it are consistently maintained in modern Indian society. However, untouchability has largely been eradicated from Indian society, although horrific cases of caste discrimination still occur. However in India caste systems are persistent because of the country's political, economic, and social welfare systems' integration with them. This article has made an attempt to assess the different human development factors like literacy and socio economic status of the Scheduled Caste population in India. For this purpose, secondary data have been collected. The population- and literacy-related information has been obtained from the Census 2011 Report.933 views -
Beyond Courts: ADR’s Influence in Navigating Intellectual Property Rights
Student at Campus Law Centre, Faculty of Law, University of Delhi, IndiaPages 715 - 725In this essay, we set out to understand the potentiality of increasing reliance on Alternative Dispute Resolution techniques for Intellectual Property Disputes in India and internationally. Through a doctrinal study of judicial precedents and legislative provisions, the essay attempts to analyze how the jurisprudence has developed over the years and recognizes the legal lacuna present in the current practice. Further, the essay sheds light on how the positives of alternative dispute resolution methods can be used in the arena of Intellectual Property matters.746 views -
The Future of ADR and Potential Innovation that Transform that Field such as the Use of Artificial Intelligence or Blockchain Technology
Student at Lloyd Law College, Greater Noida, IndiaPages 726 - 731Following the COVID 19 phase, technological advancement is becoming more. Now that it is a part of our daily lives, it makes things simpler. There are numerous things to do and it not only helps with studying but also with learning anything creative and playing games. Technology today includes robots that are made to assist us in addition to laptops, PCs, and any OTT platform. These robots assist us in a variety of ways in our daily lives as well as in our professional lives as a doctor, attorney, police officer, and other professions. Due to an increase in crimes, there are also a rising number of cases. These cases are waiting in courts, and if the people aren't given justice on time, what other options are there? Therefore, the government established the Alternative Dispute Resolution (ADR) system to lessen the workload on the courts. The term "alternative dispute resolution" (ADR) refers to a process for resolving conflicts between the parties outside of court. This method of approach has gained increasing traction in recent years as a result of its many advantages, which include quicker resolution times, more effectiveness, lower costs, and a host of other advantages. There are various methods, including negotiation, mediation, arbitration, and others. Everyone uses technology in modern life, and thanks to the quick development of machines and technology, we are already employing AI for our own purposes. In this article, we discussed alternative dispute resolution, its various processes, what artificial intelligence and blockchain technology are, and the current online dispute resolution session that takes place following the Covid-19 phase. We also investigate whether blockchain technology and AI may be applied to ADR processes. And how well does the ADR session work with this technology (AI and Blockchain Technology)?710 views -
Armed Conflict: A Peril to Health Care System
Student at Jamia Millia Islamia University, New Delhi, IndiaPages 732 - 742Warfare has existed in society since the dawn of time. People engaged in it for a variety of reasons, including survival and hegemony. As society develops into modern state nations, the methods of war have modernised. Armed conflicts obliterate the lives of millions. It displaces thousands of people, rendering them homeless. International Humanitarian law (IHL) is a set of legal frameworks that aim to mitigate the effects of armed conflict for humanitarian reasons. It imposes restrictions on the ways in which war is perpetrated and protects those who are not engaged or have ceased to be directly or actively engaged in hostilities, without forgetting the hazards faced by the healthcare system during such confrontations. The main focus of this paper is how the healthcare system is hit worse during times of armed conflict, followed by the laws of warfare and their development, and key observations made while analysing different conflicts, the implementation, or the tactics and loopholes played by various parties to Armed conflict and International Authorities.643 views -
Gambling Regulations in India: A Critical and Comparative Study
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 743 - 762There has been a significant shift in the way people think about the term ‘gambling’, which is now referred to as ‘gaming.’ For many decades, India has been governed by British bylaws, and even after independence, we are still governed by the same. The concept of gambling has evolved in modern society from a physical unlawful activity to an online immoral loophole. This study examines the laws in India and around the world that limit, regulate, and facilitate gaming. The study also critically analyses the flaws in the Indian legislative and judicial systems when it comes to detailing India’s multiplicity of gambling laws, including those governing online gambling. Finally, the study makes a recommendation as to how these loopholes can be cured.824 views -
Constitutional Borrowing: The Case of the Indian Parliamentary System
Student at Nirma University, Ahmedabad, IndiaPages 763 - 774Constitution plays an extremely important role in deciding the way a government works, including but not limited to how it caters different issues affecting the society, both internally and externally. Therefore, it is important that countries learn from the past experiences of other countries while framing their constitution. Over the last several decades, Indian Constitution has simply been referred to as a Borrowed Constitution, because of its sections being inspired from constitutions of various nations. In this paper, I have discuss the Indian Parliamentary System and its similarities and differences from the British Parliamentary System, from which it has been influenced. Some of the notable differences have been discussed which cements the assertion that it has not been completely borrowed, rather modified to suit the Indian circumstances, and live up to the expectations of the Indian society.998 views -
Arbitral Clauses and the Blue Pencil: Doctrine of Separability
Student at SASTRA (Deemed) University, IndiaPages 775 - 782The concept of ‘Expedient justice’ is almost interchangeably perceived with the term ‘Alternative Dispute Resolution’ in India, for the state of affairs of the third, and most often regarded as the one and only independent Organ, the Indian Judiciary, has not been up to the mark in terms of expedient justice, calling for alternative methods to perform the same. Arbitration is one such method whereby disputes of commercial or corporate nature, an inexhaustive list, are disposed of through discretion of the parties thereto. The general principle followed in India is one of the exclusion of criminal matters or any other matters that even meekly attract any form of criminal liability or penalty, although the Arbitration and Conciliation Act, 1996 does not specifically exclude any class of matters from the scope of arbitrability. The Arbitration and Conciliation Act (“the Act”, for brevity) is the procedural consolidation governing the rules of arbitration proceedings in India, being analogous to the Codes of Civil and Criminal Procedure to civil suits and criminal proceedings respectively. However, there are several decisions holding that judicial intervention may be allowed by the unambiguous, explicit language of an arbitral clause to that effect, and to that extent as contained therein. For instance, a conjoint reading of section 34 and section 48 of the Act reveals that an award arrived at may be set aside if the Court finds that the “subject matter of the dispute is not capable of settlement by arbitration under the law for the time being in force”. Based on the above premise, this article seeks to explore the ratio behind the exceptional endurance of the arbitral clause in a contract beyond the life of the contract itself, and those cases in which the basics of law of contract regarding intention of parties would apply. Further spotlight is on the scope and recognition of arbitration clauses by Courts of other countries, and the position in India, and iterates the non-absolute nature of the law of contract thus putting forth the perspective that the completion or voidability of a contract with an arbitration clause inherent to it shall neither render the clause expedient nor diminish the arbitrability of the dispute in itself.986 views -
Moonlighting, the act of holding a second job or engaging in additional work outside of regular employment, has become a subject of significant debate within the IT industry. This research paper aims to explore the multifaceted aspects of moonlighting in the IT industry, focusing on the debates surrounding its implications, the policies implemented by organizations, and the legal perspectives associated with this practice. The paper begins by presenting the arguments for and against moonlighting in the IT industry. Supporters contend that moonlighting can foster skill development, enhance creativity, and provide additional income for employees. Conversely, opponents raise concerns about conflicts of interest, compromised work performance, and potential violations of intellectual property rights. Subsequently, the paper delves into the policies established by organizations to address moonlighting in the IT sector. It investigates the various approaches adopted by companies, ranging from strict prohibitions to more flexible arrangements. The effectiveness of these policies is evaluated, taking into account their impact on employee morale, productivity, and innovation. Furthermore, the legal perspective of moonlighting in the IT industry is examined. The paper analyzes relevant labor laws, contractual obligations. It explores the legal frameworks that guide moonlighting practices and the potential legal consequences for both employees and organizations. It emphasizes the importance of striking a balance between the advantages and risks associated with moonlighting, advocating for clear policies that protect the interests of both employees and employers while promoting a culture of innovation and growth.1,071 views
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Data Protection Laws: A Contemporary Study of EU and Indian Laws
LL.M. Student at Maharashtra National Law University, Aurangabad, IndiaPages 793 - 813The current Article focuses on the various aspects relating to Data Protection Laws with special reference to Indian and European laws and it’s contemporary development. The Article focuses on the various aspects relating to Data Privacy and starts with the very definition of what includes and is “Privacy”, followed by the concept of “Right to be forgotten” in Indian as well as global Scenario with the help of relevant case laws. The article then illustrates the concept of Data protection and includes Data protection laws in EU encompassing various provisions of GDPR and the Indian context of Data Protection laws. The Article also includes the draft personal data protection bill of 2019 and the legislative history regarding the same. The Article ends with the newly issued Data protection bill of 2022 and the various advantages and shortcomings regarding the same too.956 views -
Money Laundering in India
Student at Marwadi University, Rajkot, Gujarat, India.Pages 814 - 824The menace of Money laundering has been a global challenge throughout history and thus India, just like other western countries have been a victim of these financial malpractices. There are several activities involved under the ambit of money laundering which includes activities such as gambling, counterfeiting of documents and currencies, investing in mobile valuable communities that can easily be transferred to other jurisdictions such as money exchange services and other private business entities and many more. This paper seeks to highlight on the several legislations that have been put in place in an effort to minimize these financial frauds in India which includes the Anti-money laundering laws, the prevention of, money laundering Act 2002 and other provisions in the Indian Penal Code 1860. These laws include specific offences related to money laundering, penalties for the same and procedural laws involved in tackling these offences.914 views -
Personal Data and Consumer Protection in E-Commerce: Examining Laws and Issues
Student from ICFAI LAW School, Hyderabad, IndiaPages 825 - 835E-commerce or electronic commerce refers to the use of Internet services for commercial purposes. The landscape of buying and selling goods and services has changed due to the massive growth of e-commerce and digital penetration, as it has mammoth potential to grow but it also presents a slew of legal challenges to be addressed in order to ensure its fairness and security. The study begins with an introduction to e-commerce and its importance in the era of digitization of business practices. The growth of e-commerce in the last century has made it necessary to have an effective legal system to deal with issues and new challenges. With e-commerce comes the issue of personal data protection of individuals from misusing by the e-commerce web giants, this study aims to address the laws and challenges on personal data protection. Another essential growing concern is consumer protection in the realm of digital businesses, this study intends to discourse the related laws and regulations to protect the interests of consumers in online commercial transactions. This research study aims to provide a thorough understanding of the current laws and issues in e-commerce by examining privacy and consumer protection, this study aims to contribute to the establishment of an effective legal framework that promotes trust and confidence in e-commerce within the digital realm.886 views -
Pages 836 - 840The Insolvency and Bankruptcy Board of India (IBBI) has come up with a proposal for introduction of system of “Single Transferable Vote” (hereinafter, “STV”), also referred to as “preferential voting”, for arriving at speedier resolution process by the Committee of Creditors (“COC”) under the Insolvency and Bankruptcy Code, 2016 (hereinafter, “Code)”. IBBI has published a paper titled “Discussion Paper on measures for increasing the possibility of resolution, value of resolution plan and enabling timely resolution” on 7th June 2023 soliciting public comments on this subject matter. The said proposal is being viewed as an innovation solution to fast track the insolvency resolution process which has been bogged down with delays due to lack of acceptance of insolvency plans by the CoC. Recent analysis shows that large haircuts that are being take by the creditors in arriving at a resolution in CIRP are directly attributable to such procedural delays. This paper attempts to analyze the concept of “STV” and its potential implication in the commercial arena.787 views
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Concept of Guardianship in India: The Unrevealed Gender Bias and Inequitable Laws
Student at His Highness Maharajas Government Law College, Ernakulam, IndiaPages 841 - 847India is a secular democratic country in which citizens are free to follow their own religions according to their faith. The Concept of guardianship has diverse aspects while considering the application of different personal laws in India. Each religion relies on personal laws for the purpose of marriage, succession, inheritance and guardianship. In Hindu religion the concept of guardianship of children does not arise in the past as it was governed by joint family system of Dayabaga or Mitakshara schools. When comes to the British colonial governance period the guardianship laws were emerged and later it has been codified. Under Hindu law guardianship gives more prominence to father than mother, it leads to a strong gender bias. In Muslim personal law also, father is given more prominent position when compared to mother in the aspect of guardianship. The position of mother is not at all considered for guardianship of her own children. The guardianship under Christians is governed by The Guardian and wards Act. The inequality in considering the guardianship of a child is much discriminatory, it has to be gender neutral and which does not oppose to the law of the land. Apart from the gender concept the utmost aim of the guardianship has to be the welfare of the child. The concept which is deep rooted in the mindsets of people is hard to change and only by way of legislative enactments the similar position could be achieved. Be it the laws of Hindus, Christians, Muslims or any other religion the discrimination is same and effective in all senses. All laws places man a predominance over woman in all aspects, this leads to the violation of Article 14, 15 and 21 of the Constitution of India.1,271 views -
Exploitations of Relationship between Corruption and Crime in Politics
Advocate at Supreme Court of Nepal and Lawyer at Mission Legal Service, Kathmandu, NepalPages 848 - 859Corruption and crime in politics are interrelated phenomena that pose significant challenges to democracy, good governance, and the rule of law. This article explores the relationship between corruption and crime in politics, and how they can reinforce each other. The article examines the various forms of corruption in politics, such as bribery, embezzlement, nepotism, and patronage, and how they can facilitate criminal activity. It also analyzes the impact of corruption on the criminal justice system and the rule of law. Corruption can undermine the effectiveness of law enforcement, the courts, and other institutions responsible for combating crime, and it can lead to the subversion of the democratic process. Additionally, the article discusses how criminal activity can create opportunities for corruption, such as money laundering, and how they can perpetuate each other. The study uses case studies from different countries to illustrate the relationship between corruption and crime in politics. It examines how corruption in the political sphere can enable criminal networks to operate with impunity, and how criminal groups can use their illicit activities to influence political decision-making. It also explores how anti-corruption measures, such as transparency, accountability, and public participation, can help to prevent and deter criminal activity. Overall, this article aims to provide a comprehensive understanding of the relationship between corruption and crime in politics. It concludes by highlighting the importance of effective anti-corruption measures in preventing criminal activity and promoting good governance.866 views -
Hub and Spokes Cartel
Student at Maharashtra National Law University, Mumbai, IndiaPages 860 - 871The research paper discusses the concept of Hub and Spoke Cartel, which is not so familiarized and well-known concept under the Indian Competition Law, until now after its recognition by the Competition Amendment Act, 2023. This is particularly a form of collusion scheme which includes agreement both at the vertical and horizontal level that leads into producing anti-competitive effect on the market. As a distinctive feature from a normal or conventional form of cartelization, it includes a ‘hub’ the vertical level who deals with the major aspects of cartelization and act as a facilitator in effecting a tacit horizontal agreement, the connecting ‘rim’, among the competitors at the horizontal level acting as ‘spokes’. This research paper discusses about the major characteristics and elements of a Hub and Spokes Cartel (H&S Cartel) and how it differs from a normal cartel. It also gives a brief mention about the objective of an H&S Cartel and what purpose do they serve. The paper also deals with distinguishing HS Cartel from RPM (resale price maintenance). Further it discusses about the scheme of functioning of H&S Cartel in the digital sector through online platform operators and price algorithms. Finally the paper discusses about some major case laws in other jurisdictions analyzing the concept of such cartels.1,174 views -
Counter-Terrorism and Human Rights: An Analysis
Student at CMR University School of Legal Studies, Bengaluru, IndiaPages 872 - 883The act of terrorism is an act against humanity has a major repercussion on human rights. Terrorism causes many concerns with respect to the security of nations and its citizens. There is also a major negative impact on the development of nations and the prosperity of its citizens as well due to terrorism. Apart from human rights, terrorism poses a threat to rule of law and democracy as well. The act of achieving an ideological or political goal through terrorism, always puts human rights at stake. This paper focuses on how terrorism and the measures taken to counter it impacts human rights by taking the various terrorist attacks that have occurred throughout time as examples. For instance, the attack on the World Trade Centre on September 11, 2000 or be it the instance of Taj attack in Mumbai in November 2008. Due to the large number of terrorist attacks that have taken place over the course of time, many countries have taken counter measures to fight against terrorism and have introduced many laws for the same, such as the 1967 Unlawful Activities Prevention Act in India, The Patriot Act in the United States, The Counter-Terrorism and Sentencing Act in the United Kingdom, etc., to fight off terrorism. Apart from the laws passed for countering terrorism, there are many conventions that are also made for the same. This paper focuses on analyzing these measures in order to determine whether they are in accordance to the human rights guaranteed to people across the world. This paper also tries to determine whether the counter terrorism measures provide a favorable outcome in preventing terrorism or negatively impacts human rights.890 views -
A Study of the Rights and Duties of Mortgagor and Mortgagee with relevant Case Laws
Student at Symbiosis Law School, Hyderabad, IndiaPages 884 - 891A “mortgage” is defined under Section 58 of the Transfer of Property Act of 1882 . A mortgage is a well-known and traditional idea. The idea of equality and morality is the main focus. The handing over of a mortgagor's ownership of immovable property to the mortgagee is specifically what is referred to as a mortgage. The Transfer of Property Act recognises five duties and seven rights for the mortgage holder. The current study aims to examine the mortgagor's obligations and rights under the Transfer of Property Act , as well as some significant rulings made by the Court on these rights.1,511 views -
Unleashing the Non-Justiciable Conundrum: The Garb of Parliamentary Privileges
Student at Symbiosis Law School, Pune, IndiaPages 892 - 899A member of Parliament, Mahua Moitra, in Parliament’s budget session 2022 started off her scathing remarks on the current government and judiciary, courtesy of the frenzy “garb of parliamentary privileges” she asserted at the hand of parliamentary democracy. While setting a backdrop to Fundamental Rights, this article delves into the origin, meaning and extent of parliamentary privileges in India. Building on this, the objectives of the article are set forth. The author analyses the unresolved conflicts in such privileges through the lens of Constitutional law. By virtue of a comparative approach with the United Kingdom, these privileges are explored in light of freedom of speech and its scope. The article then incorporates a jurisprudential analysis of immunity from legal proceedings by examining case laws. Lastly, the article discusses whether codifying the privileges is essential since the doctrine of parliamentary privileges is inherently antithetical to the rule of law.1,003 views -
An Analysis of Child Marriage Laws and its Application in the Society
Assistant Professor at SNBP Law College, Pune, IndiaPages 900 - 910The paper elucidates on child marriage a social evil practice which needs transformation. Author expresses the concerns and challenges which different state as well as country as a whole have been witnessing, with the view to transform such social practice in the country. Further it explains about the situation in Rajasthan as well as the state of Karnataka on its new legislation on child marriage. With the help of different statistic and with the help of several surveys the author has summed up the condition of child marriages in India with special reference to the states where the numbers have increased. The author makes an effort to make a concluding report on the law and social transformation on child marriage. Moreover, the author attempts to examine the cause and have suggested guidelines which can cure such menace. New development on child marriage of not only girls but boys have also been the victim of child marriage. With this view the researcher attempts to make a generalization on the topic of child marriage and attempts to understand the present situation of child marriage how to overcome such customs which are continuing since years.652 views -
A Study on Advantage and Disadvantages of Online Shopping with reference to Time
Student at Saveetha Schools of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, IndiaPages 911 - 921Online buying and selling have become important parts of many people's lives. Students and parents rely on the Internet to acquire and sell textbooks at affordable prices. Virtual stores allow people to shop from the comfort of their homes without the pressure of a salesperson, and online marketplaces provide a new and more convenient venue for the exchange of virtually all types of goods and services.Researcher has collected Primary Data from people and referred Secondary Data such as Books, Journals, Cases. Responses which researchers got from people are about Independent Variable and Dependent Variables are advantages and disadvantages of online shopping reference to time. Technology has created important progress over the years to produce customers a far better on-line looking expertise and can still do this for years to return. With the rapid climb of product and types, individuals have speculated that on-line looking can overtake in-store looking. Shopping online is just like heading out to the store. Oftentimes, you can buy the same products online as available in a brick-and-mortar store and can sometimes score better sales.1,908 views -
Government of National Capital Territory of Delhi v. LG: An Overview of Article 239AA
Student at School of Legal Studies, REVA University, IndiaPages 922 - 928Drawing the curtains on an eight-year-old legal battle between the central government and the government of the National Capital of Delhi, the supreme court resolved by ruling in favor of Delhi Chief Minister by giving control over the administrative matters of the territory. The dispute is related to the control over the services, matters concerning the land, public matters and police which revolve around Article 239AA of the Indian Constitution, giving special status upon Delhi.909 views -
Criminalisation of Marital Rape: An Analysis of its Constitutionality with reference to Judicial Pronouncements in India
Research Fellow & Scholar at School of Law, The NorthCap University, Gurugram, Haryana, IndiaPages 929 - 940Marital rape is a complicated topic nowadays because it is not a crime in India. Our legal system fails to recognise this severe problem of marital rape. It is a serious issue that our legislative system ignores. Currently, there is no appropriate legislation against marital rape. Despite the Justice Verma Committee's recommendation , various bills for the criminalization of marital rape are lagging behind due to gender inequality and society’s mind-set, which doesn't see marital rape as an issue or problem. Further, in Indian culture, marriage is a holy sacrament that requires the wife to give her implied consent for physical intercourse with her husband while they are married. This attitude of Indian society has become the root cause of gender injustice among men and women, and it also never considers martial rape a problem or offence. The main purpose of this Article is to present a socio-legal analysis of marital rape and the constitutionality of such violence within marriage in Indian jurisprudence. With the help of emerging jurisprudence, this Article highlights, how it is important to criminalise marital rape for the protection of women human rights and for their welfare.727 views -
Manual Scavenging: A Gloomy Side of the Country
Student at Government Law College Madurai, affiliated by The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 941 - 948Manual scavenging has been undoubtedly, one of the greatest evils plaguing our country. Even after 75 years of independence, caste discrimination, poverty, and government indifference continue to hinder manual laborers' efforts to achieve freedom. The manual scavengers risk their lives by manually cleaning the drainage with or without safety equipment and putting their health at great risk. The degrading practice does threaten not only human dignity but also the health of our sanitation workers. Manual scavenging activity affects “the right to live with human dignity”. Due to manual scavenging, many people lost their lives in dungeons like manholes and dark pits covered in sewage, the ultimate point being the violation of the dignity of humans. Over the years several laws have come in place regarding the employment of manual scavengers but the problems lie with their implementation. Many manual scavengers lose their lives while cleaning the sewage tank. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 remains silent regarding compensation to the dead person. In this paper, an attempt is made to explain the difficulties in getting compensation from the dependents of the deceased manual scavengers.663 views -
Cyber Crime in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 949 - 957Cybercrime is a growing concern worldwide, and India is no exception. With the rapid advancement of technology and increased internet penetration, the country has witnessed a surge in cybercriminal activities. This abstract provides an overview of the cybercrime landscape in India, highlighting its scope, impact, and measures taken to combat this menace. The abstract begins by addressing the significance of cybercrime in the Indian context. It outlines the various types of cybercrimes prevalent in the country, including hacking, online fraud, identity theft, cyber bullying, and data breaches. The abstract also sheds light on the motivations behind these crimes, such as financial gain, espionage, activism, and personal vendettas. The abstract discusses the consequences of cybercrime in India. It highlights the financial losses incurred by individuals, businesses, and the government due to cyber- attacks. It also emphasizes the potential risks to national security and the integrity of critical infrastructure systems. The impact of cyber bullying on individuals' mental health and the overall erosion of public trust in digital platforms are also addressed.819 views -
The Role of Public Interest Litigation in Enforcing Social Rights and State Obligations
Student at O.P Jindal Global University, IndiaPages 958 - 963Public Interest Litigation (PIL) is a crucial legal tool in India that allows citizens to seek legal remedies for issues impacting the public. It ensures that the state fulfills its obligations towards social welfare and public interest. The Supreme Court of India plays a vital role in enforcing social rights and state obligations through PIL. It addresses various topics, such as human rights abuses, environmental degradation, corruption, and discrimination, emphasizing justice, transparency, and efficient implementation of laws. PIL enables marginalized individuals to access justice and advocates on behalf of affected communities, promoting inclusion and equality. By interpreting laws and acknowledging the interconnectedness of rights, PIL bridges the gap between legislation and societal needs, gradually fulfilling social rights. It also monitors the state's behavior, rectifying systemic flaws and creating legal precedents. PIL influences advocacy, public awareness, and pressures the state to fulfill its commitments. Upholding constitutional principles, PIL promotes social welfare and holds the state accountable while respecting the separation of powers. The Supreme Court's role in PIL has compelled the government to protect citizens' rights in cases like Olga Tellis v. Bombay Municipal Corporation, Vishaka v. State of Rajasthan, Bandhua Mukti Morcha v. Union of India, and Subhash Kumar v. State of Bihar. PIL is a potent arsenal for citizen empowerment, ensuring the state's duties towards social welfare and the public interest.1,215 views -
White Collar Crimes: Sociological Perspective
Student at KIIT School Of Law, IndiaPages 964 - 970The phrase "white-collar crime" refers to a broad range of nonviolent crimes that are frequently committed for financial gain in formal settings. The assumption that organisations play special roles in the social organisation of illegality links many of the ideas of white-collar crime that can be found in the literature. However, many white-collar crimes are extremely difficult to prosecute due to the sophisticated techniques utilised by the criminals to conceal their activities through a series of intricate transactions. Whistleblowers are especially beneficial to prosecutors of white-collar offences because they show internal misbehaviour. White collar crimes, characterized by deceptive practices committed by individuals in positions of power and privilege, have far-reaching societal implications. Understanding these crimes from a sociological perspective allows for a comprehensive analysis of their causes, consequences, and the broader social structures that facilitate their occurrence. This abstract provides an overview of the sociological perspective on white collar crimes, highlighting key concepts, theoretical frameworks, and empirical findings. This abstract also discusses the consequences of white collar crimes, which extend beyond immediate financial losses. These crimes erode public trust, undermine social cohesion, and perpetuate inequality. Sociologists have examined the impact of white collar crimes on victims, communities, and society at large, emphasizing the need for regulatory frameworks and social policies that address the root causes and minimize the harm caused by such offenses. Additionally, this abstract highlights empirical research on white collar crimes, including case studies, statistical analyses, and qualitative investigations. Sociologists have explored various forms of white collar crimes, such as corporate fraud, embezzlement, bribery, and insider trading, examining the organizational contexts, cultural norms, and individual motivations that contribute to their occurrence. We shall attempt to study a variety of facets of white-collar crime in this project, as well as its effects on society. Title: White Collar Crimes: A Sociological Perspective.1,600 views -
Domestic Violence against Men in India
Student at CHRIST (Deemed to be University) Pune Lavasa, IndiaPages 971 - 976Domestic violence is a social issue prevalent even in the 21st century which is causing tremendous dirt on a country’s growth, though India is not averse to this social phenomenon. In a general sense, domestic violence has become a social stigma that is common to all cultures, religions, classes, ethnicity, and regions. Domestic violence in simple terms means any such violence caused by family members towards a person within four boundaries. It is mostly done by a partner or a spouse and can happen wherever or under whatever cause. This social phenomenon has the aura around it that a preconceived notion has been made restricting the consensus to relate it with women. Whenever or wherever the domestic violence issue is raised the general approach of the population is to restrict it to women alone. However, the reality is far from understanding as men are also victims of this social issue. The assumption that women are the only affected section is because Indian society followed the idea of a patriarchal system in the previous centuries. Furthermore, the stereotypical view that men should be strong and should not show their emotions are one of the reasons. Another reason for building up the stereotypical view is when a man shows his weaknesses and vulnerabilities publicly, he is considered inept and cowardly. Therefore, the concept of Domestic Violence against Men appears as absurd, illogical, and vague. Still, when the world is focussing on achieving Gender Equality for Women, men are being abused domestically like women. Thus, it would be prudent to grasp that domestic violence is not only exclusive to women but also against men in these current social circumstances. The major ambition of this research paper is to understand domestic violence against men in India, the reasons for domestic violence, its impact on health and society, and solutions to solve this social issue.953 views -
An Analytic view on Accessibility, Accountability, Affordability and Adaptability of Emerging Technology’s Role in Effective Governance, Policy Making Process and Justice Systems
Assistant Professor at Department of Law, ABBS Acharya School of Law, Bengaluru, Karnataka, IndiaPages 977 - 986In this globalized tech-oriented world, the role of technology in governance plays a significant role in governance and policy making. The author of this research article analyzes the role and significance of technology in governance and policy-making processes in recent times. Some of the facets touched by technology in the governance and policy making process include communication, recording, storage, and outreach. Thus far, technology and policymaking have always served and survived as two separate world entities, which will always hinder solving world problems if they fail to meet and co-exist. The author explore the process undertaken to re-engineer the governance regime in accordance with recent technological advancements. The significant increase in productivity, affordability, accessibility, transparency, and accountability has all been attributed to integrating technology into governance. The motive behind the integration of technology and governance is the use of technology to both help in governing and to be governed. The aspect of governance that enables the subjects of the state to actively participate in the process of governing through technological outreach features gives rise to more significant participatory democracy. Of this, the need to create higher levels of involvement of technologists in the public policy domain relating to the supply and demand of public problems arises. The amalgamation of science and technology with policy making creates an entirely new regime. With the capacity and capabilities of the AI to detect anomalies with a reduced processing time, this can minimize the financial astray in policy budgeting with its intelligent predictions. This article also provides insights into the implementation of information and communication technology infrastructures into the Indian judiciary and how this progressive implementation has shaped the productivity and efficiency of the legal system in India. The Indian judiciary made serious efforts through national policies and action plans to computerize the overwhelming data produced by the Indian judicial system. The state of the judicial system was crippled by the massive overload of backlog cases and a high number of judicial vacancies. These efforts led to a more productive and enhanced judicial system, both qualitatively and quantitatively. These efforts have been put into overdrive by releasing multi-functionary Artificial intelligence innovations post-pandemic era. This particular development of artificial intelligence can potentially augment human processes like decision-making and comparative analysis far superior with faster and more consistent results. This system-enabled e-filing and artificial-enabled reference/storage methods have eased the difficulties faced by the judiciary through paperwork and other less conventional methods of storage of legal data.598 views -
The Criminal Procedure (Identification) Act, 2022: Boon or Bane
Assistant Professor at Govt. Law College, Karaikudi, Tamil Nadu, IndiaPages 987 - 991The Criminal Procedure (Identification) Act, 2022 authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data. 87th Law Commission Report has suggested for replacing the age-old Identification of Prisoners Act, 1920. In addition to this, In March 2003, the Expert Committee on Reforms of the Criminal Justice System Chaired by Dr. Justice V. S. Malimath recommended amending the 1920 Act to empower the Magistrate to authorise the collection of data such as blood samples for DNA, hair, saliva, and semen. The Supreme Court also underlined the need for this in the case of State of U.P v. Ram Babu Misra . The Act further authorizes National Crime Records Bureau to collect the record of measurements, store, preserve and destroy the records, process such record with relevant crime and criminal records, and share and disseminate such records with any law enforcement agency. It also empowers a Magistrate to direct a person to give measurements for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 or any other law. This law also helps the investigating agencies to increase the ambit of persons and gather evidences which are legally admissible in the court of law. Though many features of the Act are laudable in nature, many constitutional issues such as right against self-incrimination under Article 20(3), right to privacy under Article 21, fundamental rights and human rights of the accused persons have been gravely affected. Therefore, in the light of this background, an attempt has been made in this paper to analyze the pros and cons of Criminal Procedure (Identification) Act, 2022.1,342 views -
Employment Discrimination Laws in India
Student at Bharati Vidyapeeth University New Law College, IndiaPages 992 - 997This article reviews the research on employment discrimination in organizations. It focuses on discrimination based on various factors like gender, caste, religion, disability, age, marital status, sexual orientation, national origin, language, and pregnancy. The article examines the key features and scope of these laws, which address the importance of these laws in establishing a more inclusive work environment and emphasizes the need for awareness, enforcement, and collaborative efforts to combat employment discrimination effectively. To establish a harassment- and discrimination-free workplace, collaboration among companies, workers, and the government is crucial, as implementation of legal protections may face challenges such as employee unawareness, fear of retaliation, and inconsistent enforcement. This article provides an overview of employment discrimination laws in India, highlighting their significance and key provisions.967 views -
Crime against Women
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 998 - 1007Crime against women is a pervasive issue that persists in societies worldwide, crossing boundaries of geography, culture, and socio-economic status. This abstract explores the various aspects of crime against women, including its definition, types, causes, and consequences. The objective is to provide an overview of this critical issue and highlight the need for concerted efforts to address and prevent such crimes. The abstract begins by defining crime against women as any act or omission that causes physical, sexual, or psychological harm to women, specifically due to their gender. It encompasses a wide range of offenses, including but not limited to domestic violence, sexual assault, rape, human trafficking, dowry-related violence, honour killings, female genital mutilation, and forced marriages. These crimes occur in both public and private spheres, impacting women of all ages and backgrounds. Deep-rooted patriarchal attitudes, gender inequality, societal norms, and power imbalances contribute to the perpetration of violence against women. The consequences of crime against women are far-reaching and devastating. Women who experience such violence often suffer physical injuries, emotional trauma, and long-lasting psychological effects. Their ability to participate fully in society, access education and employment, and enjoy a life free from fear and violence is severely hindered. The consequences also extend to families, communities, and societies, creating a cycle of fear, discrimination, and diminished social cohesion.908 views -
Women’s Health and Reproductive Rights
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1008 - 1015Women's health and reproductive rights have emerged as critical issues in societies worldwide. This abstract provides a comprehensive overview of the key aspects related to women's health and reproductive rights, including their historical context, legal framework, and challenges. The abstract highlights the significance of ensuring women's autonomy and equitable access to healthcare services, reproductive choices, and comprehensive sexual education. The abstract begins by discussing the historical context of women's health and reproductive rights, tracing the evolution of societal attitudes towards women's bodies and sexuality. It explores landmark moments such as the women's suffrage movement, the introduction of contraception, and the legalization of abortion, demonstrating the profound impact of these events on women's autonomy and health. It highlights the importance of legal protections in promoting gender equality and ensuring access to reproductive healthcare services. Challenges and barriers to women's health and reproductive rights form a crucial section of the abstract. It addresses a range of issues, including limited access to contraception and family planning services, inadequate healthcare infrastructure, cultural and religious norms, gender-based violence, and discrimination. It highlights the role of grassroots organizations, healthcare providers, and policymakers in driving positive change. It also addresses the importance of collaboration and global solidarity to address the diverse challenges faced by women worldwide.684 views -
Gender Gap in Police: A Comparative Study of North East India
Assistant Professor at School of Law, NMIMS, Navi Mumbai, IndiaPages 1016 - 1027Watching around early in the morning one sees an empowered society where girls go to schools and colleges. Yet women are underrepresented in the workplace. The gender gap at workplace has grown exponentially over the time. One of the reasons of disproportionate representation of women in police is because of the fact that police and policing are equated with robust physique and machoism. Availability of suitable depreciation of gender gap in police work is crucial for decreasing the susceptibility of women against offences. The present “Woman Police Population Ratio” is insignificant. The Data on Police Organization, 2021 reflects a total of 10.49% of Woman in Police at present in India. The actual strength of total woman police is 2,17,026. This shows an increase of 0.71%, the maximum i.e. 29,435 woman police personnel in Uttar Pradesh. In the North East, Assam has the highest number of vacancy of women police i.e. 16, 866. Nagaland is the only state in the North East which has surplus women police. This paper is an exploratory study which involves descriptive and analytical research. The aim of the study is to explore the representation of women in police in North East; to inquire into the cause behind the gender gap; and to reconnoitre the challenges faced by women in police in north east. Under representation of the fairer sex in police leads to grave threats in dealing with offences against women and woman criminals. Hence, it is indispensable that the gender gap must be met at the cutting edge level.971 views -
Case Study of Armed Activities on the Territory of the Congo (Democratic Republic of The Congo v. Uganda)
Student at Damodaram Sanjivayya National Law University, IndiaPages 1028 - 1040People have always thought about and worked to create spaces where they might be shielded from greater vulnerability and access to the necessities of life to protect themselves from the devastation caused by social and natural calamities. From this point on, man sought to build and organise society following the inherent nature of socialisation. To do this, he entered the stage of systemic life and, based on the tenet of accepting the social contract, created an institution that served as the first pillar of the political system. In times of armed conflict, nations do not have an unfettered freedom to pick their tactics and weapons of war; instead, they are only permitted to employ those that inflict suffering. This is the first principle of international humanitarian law (IHL), a subset of international law. And second, it protects the lives, health, and dignity of those who have not joined the fight or have stopped their engagement in it. Take civilians, prisoners of war, the injured, and the ill, as examples. By passing laws to do so, humanitarian law aims to stop excessive violence during times of conflict. Yet, the sole focus of humanitarian law is on protecting war victims and minimising their brutality, with no consideration given to the origins of war or its legitimacy. In this project, the researcher will analyse the case from Uganda’s perspective and how it violated international humanitarian principles through its activities. Uganda during its occupation of parts of the Congo, committed acts of violence against civilians, using child soldiers, and plundering natural resources. The Court also held that Uganda was liable for reparations to the Congo, including compensation for damages caused by its violations of International Humanitarian Law.919 views -
Environment and Human Rights are the two sides of the same Coin
Student in IndiaPages 1041 - 1049The subject of this paper seeks to shed light on how environmental exploitation and degradation negatively impact human rights. Human rights and ecological preservation are intrinsically linked. The maintenance of ecological equilibrium and advancing human rights go hand in hand Both of the objectives mentioned above concern human welfare. The practical implementation of fundamental rights presupposes a safe and healthy environment. About two-thirds of constitutional rights now address health; other formulations include rights to a clean, safe, favorable, or wholesome environment. Many national constitutions and regional writings recognize the right to a healthy environment. Although there is a clear connection between the two, governments and scholars have historically viewed environmental degradation and human rights violations as distinct problems. The exploitation of the environment, both natural and artificial, has a detrimental effect on human rights. A state of natural imbalance has been exacerbated by numerous human-centered undertakings like industrialization, urbanization, and the overuse of natural resources that compromise the environment, which has resulted in significant repercussions on a huge scale, including global warming, drought, floods, and ozone depletion. In the last 20 years, concerns have been associated with the rising level of pollution in our environment. Additionally, it is a constant wonder how the safeguards put in place by humans can effectively protect those affected by environmental deterioration. Therefore, it is advised that an international standard be established for lowering the amount of potentially harmful components in industrial effluent. By knowing specifics about the pollutant concentration and measuring Biological Oxygen Demand (B.O.D. ), environmental pollution hazards can also be managed. In other words, sound ecological principles must be taken into account while managing resources. In a nutshell, damage to the environment also causes harm to human health, which impairs human rights.1,138 views -
Rights of Indigenous People in India: Socio-Economical Study on trends of North-East Region
Assistant Professor at Department of Law, The University of Burdwan, Golapbag Campus, IndiaPages 1050 - 1056In the North-East India million of tribal communities are living since the time immemorial. Some of them are claiming the rights as indigenous people of the region. However no such communities are officially declared as indigenous people by the state or central government. Although they have all the required characterizes of indigenous community still none of them are included within the purview of indigenous people. However, history shows that these communities were residing in north-east zone before the settlers come. Some constitutional rights are guaranteed by the state to those tribal’s. Further no policy has been frame or survey conducted to indentify the indignity of these communities. The claims of those communities regarding indignity need some political consideration. Unfortunately, the issue has never been solved and the question of who are indigenous in north east remains controversial. This article endeavours to find out politics behind the indigenous identity of the tribal’s of north east region. Moreover, the expansion of tribal identity within the indigenous identity is the need of hours. Further, the author endeavours to discuss the socio- economical safeguards in order to protect and maintain the indigenous hegemony.675 views -
An Overview of India’s Uniform Civil Code
Student at CHRIST (Deemed to be University) Pune, Lavasa, IndiaPages 1057 - 1062Secularism is a fundamental component of the Indian Constitution since India is a secular nation. Secularism is a steadfast conviction that religion has no place in government, schools, or any other type of organization. The principle of maintaining equality and justice for all state citizens, regardless of caste, colour, creed, religion, etc., can be used to deduce the relationship between secularism and a unified civil code. Additionally, a legal framework known as the uniform civil code is being suggested to establish and enforce personal laws on all state citizens, independent of distinction. As a result, the author will attempt to provide a general review of the Uniform Civil Code's current condition in India, as well as its historical development, constitutional viability, and potential implementation difficulties.736 views -
Pages 1063 - 1072When it comes to domestic violence, often only one gender is severed a victim in the society. it is believed that the women will be the victim. Even today in the society , if there is a fight between a woman and a man in the family , then it is believed that the woman will be the victim as if no one wants to see the other side of the coin , or is the other side of the coin and the hideous truth hidden by men in the society. It has often been seen that domestic violence is more on woman where as in many cases men are also victims of domestic violence and woman also torture men recent statistics have changed the perception that only women become victims of domestic violence. Now the time has come that it is also before the society. It should be mentioned that not only women, but men are also victims of domestic violence men also have to face some kind of physical mental or economic violence at home or in the society.639 views
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Pages 1073 - 1082Alcohol abuse is a separate issue involved in its impact on society and this effect start in the house. it spreads in the community and often affects the whole society in the same way the effects of alcoholism have been seen in any way in which alcohol addiction is considered seen in youth. Its bad effect falls on his family, children and the people living around him and the truth of some important facts related to alcohol is that the history of alcohol is more than 100000 year old in this history , alcohol has been given the name of both medicine and poison . When a cause has an alcohol problem it can affect their marriage and their extended family. The community also affects the school work place, this is going to be the focused of later parts of this research paper.693 views
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The Impact of TRIPS Agreement on International Trademark Regime
Student at Amity Law School, Noida, IndiaPages 1083 - 1093Presently, Inventions, design, know-how, and works of art play a key role in facilitating these creative activities, inventions, industrial design, literary works, Protect integrated circuit layout designs, trade secrets, etc. Furthermore, to ensure this, trademarks and similar identifiers are also protected. This Protects and safeguards the trust earned through business and consumer activities and promotes fair competition. In international trade, the share of goods and services including that of Intellectual property has increased dramatically, and there are risks when countries offer insufficient or inadequate protections to Intellectual Property which may result in distortion of the international trade order. However, even in developing countries, many countries have intellectual property protection systems but Inadequate standards of protection & Range of the limited or extremely short duration of protection, or Enforcement of intellectual property rights is not sufficiently guaranteed effective. Some developed countries have systems Anything that overprotects or discriminates against intellectual property from internal and external sources. For these reasons, in terms of improving international trade and achieving this, the need to develop frameworks was increasingly recognized to ensure adequate protection of intellectual property. With respect to intellectual property WTO and the World Intellectual Property Organization (WIPO) are two main International Organizations that are working for the promotion and protection of trademarks all over the world. Many agreements have already been signed for the international protection of Intellectual property such as the Paris Convention on Industrial Property Rights related to the Berne Convention, including patents and trademarks, Copyright. However, more emphasis is placed on trade-related aspects There was an urgent need for an international agreement on intellectual property rights Within the framework of the GATT, in which as many countries as possible participate to maintain Intellectual property protection standards for trade. It is in this context that negotiations on trade-related aspects take place. Intellectual Property Rights (TRIPS) has become one of the important new areas for companies. At the discussions at the GATT Uruguay Round that began in 1986 along with others Agreements from the Uruguay Round, The Trade-related agreements. Aspects of Intellectual Property Rights (TRIPS Agreement) was finally agreed. At the Ministerial Conference was held in Marrakech, Morocco in April 1994. It entered into force on January 1, 1995 within the framework of the WTO Agreement. The present article intends to cover the impact, the TRIPS agreement had on the International Trademark Regime viz-a-viz its various provisions like Articles 15 to 21.980 views -
Menstrual Equity: Need of the Hour
Lawyer in IndiaPages 1094 - 1105Menstrual equity is not confined to “affordability and accessibility” of products. It also focuses on reproductive health and education. It is about ensuring that women have the necessities, support, and options to choose and make decisions about how they wish to care for their menstrual health. So, menstrual leave also falls within its ambit. Menstrual equity also stresses on ending the stigma that surrounds menstruation which has prevented decision-makers, providers of health care and others from making menstrual health a priority. India is lagging behind in ensuring menstrual equity. India’s schemes for menstrual hygiene are inadequate and the Central Government has not come up with menstrual leave policies yet. This paper discusses about the need for bringing about comprehensive reforms to address the problem of menstrual inequity.1,016 views -
Unravelling the Legal Nexus: Artificial Intelligence and the Path to Responsible Innovation
Senior Legal Associate at Sagacious IP, IndiaPages 1106 - 1117With the advent of Artificial Intelligence (AI) our world has undergone a revolutionary transformation resulting into the endless possibilities proposed by AI. However, admis the rapid expansion of the AI, a web of legal difficulties has evolved that demands our immediate attention. This article dives deeply into the murky legal world of artificial intelligence, bringing to light crucial concerns like responsibility, data privacy, prejudice, transparency, and the enormous socio - legal effects of this game-changing technology. The solution to all these concerns rests in responsible innovation, which balances the protection of human rights with the promotion of creativity. This article aims at exploring the substantial legal concerns and challenges that arise in this rapidly evolving AI industry. Through this article let's work together to embrace AI's limitless potential and create a society that values moral growth and accountability.803 views -
Bail and Undertrial Inmates: Unveiling the Crisis within the Criminal Justice System
LL.M. Student at Rajiv Gandhi National University of Law, Patiala, IndiaPages 1118 - 1131The principle of innocent until proven guilty is the bedrock of criminal jurisprudence so that no innocent person suffers at the hands of the criminal justice system. Therefore, the mechanism of bail is a very significant tool in criminal law. Except in the case of non-bailable offences, everyone has a right to be released on bail. In the case of non-bailable offences, it is the discretion of the court whether to grant bail or not. Despite sounding fair, the bail provisions and their implementation severely discriminate against the poor because of their inability to furnish bail bonds whereas rich people who are otherwise in a similar situation can secure their freedom by furnishing bail. The vast majority of people who end up before the courts in criminal matters are so impoverished that they cannot afford to pay the bail bond, even for a nominal amount, which results in pre-trial incarceration leading to an increase in the number of undertrial prisoners. The equity and equality-related principles seem to be limited to the paper only, because ground reality speaks differently. Despite numerous schemes and promises by the executive & Judiciary to improve the situation, thousands of people remain awaiting trials and languishing in jails. The time has come to address the issues that lead to such protracted detention without a trial. What could be the reasons for the increase in the undertrial population in the jails? What can be done for reducing the undertrial population in jails? These are some crucial questions of law that will be answered in this paper.726 views -
Impact of Consumer Satisfaction on Sale Performance
Assistant Professor at S.D Mahila Mahavidyalaya, Narwana, IndiaPages 1132 - 1149This research paper explores the impact of consumer satisfaction on sales performance and provides insights into the relationship between these two variables. The study aims to understand the importance of consumer satisfaction as a strategic driver of sales success and its implications for businesses. The paper begins by introducing the topic and highlighting the significance of consumer satisfaction and sales performance. It discusses the rationale behind studying their relationship and outlines the research objectives. The theoretical framework section presents the theoretical foundations and conceptual framework that underpin the relationship between consumer satisfaction and sales performance. Relevant theories and models, such as the expectancy-disconfirmation theory and the service-profit chain, are discussed to provide a theoretical basis for understanding the relationship. Conceptualization of consumer satisfaction and sales performance is addressed, defining and operationalizing these concepts. The various dimensions and indicators used to measure consumer satisfaction and sales performance are discussed, providing a comprehensive understanding of these constructs in the research context. In conclusion, this research paper emphasizes the significance of consumer satisfaction as a strategic driver of sales success. The findings highlight the positive relationship between consumer satisfaction and sales performance and underscore the importance of businesses prioritizing consumer satisfaction. The implications of the study emphasize the need for businesses to invest in customer-centric strategies to enhance consumer satisfaction and optimize sales performance. Further research in this area holds potential for exploring emerging technologies and cross-cultural aspects to deepen our understanding of the impact of consumer satisfaction on sales performance.969 views -
Unveiling the Enigmatic Past: Exploration of Ancient India through Western Eyes
Student at K.L.E. Law College, Bengaluru, IndiaPages 1150 - 1160History is like a mosaic, the more we try to decode, the more we get to know its crypticness. Western kingdoms started the sea expeditions that eventually connected them to the Indian subcontinent because of their quest for wealth and exotic goods. These encounters resulted in the transfer of ideas, products, and expertise between the two areas, which had a significant impact on the blending of cultures. The thriving trade lines between ancient India and European kingdoms allowed for the flow of goods such as spices, textiles, valuable stones, and other items, which improved the economies of both regions. Through economic growth, cultural exchange, and cross-pollination, this transcontinental commercial network influenced the cultures it connected. The discovery of ancient India from Europe is evidence of the never-ending spirit of discovery and the never-ending search to comprehend the wonders of our common human history.784 views -
Escape Clause in the Competition Act 2002
Student at Government Law College Ernakulam, IndiaPages 1161 - 1169The Monopolies and Restrictive Trade Practices Act,1969 was passed to restrain monopolistic and trade restrictive practices. But this act proved ineffective in the era of new economic reforms coupled with liberalization, privatization, and globalization. Thus, this act was repealed and replaced by the Competition Act, 2002.The purpose of Competition Act 2002 was to ensure democratic setup in the Indian market by upholding free enterprises and averting market distortion practices. Consequently, the act created a statutory body called Competition Commission of India which encourages competition and discourages any activities that can have a detrimental effect on healthy competition. Accordingly, Competition Commission of India nurtures a level playing field for all the stakeholders by regular monitoring and taking action against violations. The Competition Act was passed in 2002. Thus, it has been 20 years since any significant changes in the act. During these 20 years, new businesses have emerged, and many old businesses have transposed. More importantly, technology began to take the pivotal position of businesses. But the Competition Act has not been able to keep pace with the accelerating changes in the business environment. Consequently, many loopholes exist in the Competition Act, which are successfully used by the business players to circumvent the restrictions placed by the Competition Act to prevent any market distortion practices. In Bharti Airtel Ltd. v. Reliance Jio Industries Ltd., Airtel accused Jio’s action of providing freebie services as predatory practice which is in contravention to the provisions of the Competition Act 2002. But the competition commission dismissed the case by stating that the above provision applies only to dominant players and not to Jio, who is a new entrant with a market share less than 30 %. This study focuses on the above irrational clause in the Competition Act 2002.699 views -
Arbitrating Law of the Sea Disputes: With special reference to the Arctic Sunrise Arbitration
Student at Hidayatullah National Law University, Rapiur, IndiaPages 1170 - 1178The United Nations Convention on the Law of the Sea (UNCLOS) was first established in Montego Bay in 1982, but it was not brought into force until 1994. Undoubtedly, the preponderance of interstate arbitration stems from UNCLOS. Given that the majority of the planet is covered by water and that 168 states have ratified the agreement, the fact is hardly surprising. The objective of this article is to study arbitration as a way of resolving disputes, with particular emphasis on the judgement of one of the most major cases - The Arctic Sunrise Arbitration, referred to under Part XV and Annex VII of the Convention.800 views -
Business Self-Regulation in India: A Study with special reference to Consumer Protection
Assistant Professor at University Institute of Laws, Panjab University Regional Centre, Ludhiana, IndiaPages 1179 - 1184Business Self Regulation is the mechanism that is followed by industries and various business entities for their smooth functioning and protection of consumer. Hence business self regulation is an important aspect of Consumer protection. With the enactment of Consumer Protection Act 1986, the focus has been shifted towards regularization of businesses in order to prevent the number of cases before the Consumer Forums. Such regularization is done through the code of ethics that is followed by the industries. The business community has prioritized to regulate itself and the corporate sector has turned to be more accountable now. But even after the existence of such laws and policies, there are number of cases that that have been lying pending before the consumer forums. This pendency of cases shows the ineffectiveness of the policy of business self regulation. This policy should be backed by Government sanction. The Consumer Protection Act 2019 too is silent about the process of Business Self Regulation. The article would highlight the importance of the theory of Business Self Regulation from consumer perspective and the researcher would also discuss the code of ethics that have been followed by the industries to regulate themselves.1,549 views -
Pages 1185 - 1193Inequality on the ground of gender or Gender discrimination is the most basic issue from the very beginning. Even though society thinks that women suffer from the inequality prevailing in society. All traditional gender stereotypes are making men suffer more than women. Societal pressure and expectations affect a man's health. All the aspiring feminists are talking about equal rights, but they never pay much care about equal responsibilities. An incident brought light to this problem. A man filed a petition in the Supreme Court because he was directed to pay monthly allowance to his wife after divorce. This case made people realise that sexual abuse and harassment are a man’s issue too. But societal expectations about what it means to “be a man” cause a survivor to suppress his trauma. Irrespective of the fact that there are no law or rules to support men, there are many laws which are made to blindly trust women. All these problems faced by men are so neglected that there are not enough resources to study even on the internet.1,084 views
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Corporate Social Responsibility (CSR) in India: Legal Framework and Impact on Governance & Sustainability
Student at Symbiosis Law School, Hyderabad, IndiaPages 1194 - 1203Corporate social responsibility (CSR) has become essential to sustainability and corporate governance. The main topics of this research paper are the legal framework governing CSR in India and its effects on governance and sustainability. India offers a unique backdrop for researching the implementation and outcomes of CSR activities as one of the world's fastest-growing countries with a diversified social fabric. The paper's first section briefly discusses the legislative environment for CSR in India, particularly the Corporate Act of 2013, which made CSR mandatory for enterprises that met specific criteria. It examines the purpose of the legislation that led to this requirement and the changes that followed to strengthen the framework. Additionally, it looks at how regulatory agencies like the Ministry of Corporate Affairs and the Securities and Exchange Board of India (SEBI) monitor and enforce CSR compliance. The research paper examines the corporate practices used by Indian companies and their conformity with sustainable development objectives to assess the influence of CSR on governance. It examines how CSR is incorporated into company strategies, governance frameworks, and reporting processes. The study examines how CSR activities have affected board makeup, stakeholder involvement, and decision-making procedures. It also examines how CSR advances moral behaviour, openness, and accountability inside corporations. It looks into how CSR activities can help with social and environmental problems like reducing poverty, improving healthcare, preserving the environment, and fostering community growth. It examines the sustainability of CSR programmes over the long run and their efficacy in addressing these issues. The report also examines how companies, NGOs, and governments might work together to achieve sustainable results. The findings of this study add to the body of knowledge on CSR by providing details about India's legal system and its effects on governance and sustainability.1,606 views -
Analysis of Section 304A of the Indian Penal Code while comparing Case Laws Sushil Ansal vs State Thr. Cbi on 5 March, 2014 & Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001)
Student at Kirit P Mehta School of Law, IndiaPages 1204 - 1218The following research paper examines death by negligence under Section 304A of the Indian Penal Code, specifically. The case law Sushil Ansal v. State Thr.CBI and Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001) serves as the basis for the analysis. This paper tries to look at both the case laws that are based on death by negligence and tries to explain 304A i.e. the concept of death due to negligence, in a more detailed manner.861 views -
Evolution of Torture through the Lens of Justice: Theories of Jurisprudence
Student at Jindal Global Law School, IndiaPages 1219 - 1226In the light of evolution of torture, the purpose of this paper explores the evolution of torture from the perspective of justice, focusing on the theories proposed by Immanuel Kant and John Rawls. The concept of torture has undergone significant transformation over time, with debates arising around its ethical implications and compatibility with the principles of justice. This article discusses how Kant's and Rawls' theories contribute to the understanding of torture in the context of justice. While Kant's emphasis on human dignity provides a strong moral foundation for rejecting torture, Rawls' theory explores the systemic implications of torture on societal fairness. Their theories offer distinct lenses through which to analyze the evolution of torture, highlighting the intrinsic immorality of torture and its inherent conflict with justice. By examining these philosophical perspectives, this article aims to deepen the discourse on the evolution of torture, encouraging critical reflection on its compatibility with principles of justice in contemporary society and to further conclude if it’s just.923 views -
Unravelling the Historical Tapestry of ‘Ghare Baire’
Student at Jindal Global Law School, IndiaPages 1227 - 1231‘Ghare Baire’ is a captivating political tale set against the backdrop of an era of transition, when the widespread movement popularly known as the ‘Bengal Renaissance’ was at its peak. Satyajit Ray, through this film, adeptly incorporates Rabindranath Tagore's vision of India during the Swadeshi Movement which began as a reaction to the Partition of Bengal. During this period, Bengal witnessed a multitude of occurrences which led to a shift in not only the political landscape but also the mindset of the people. There was a transformation in the role of women, where they finally crossed the boundaries of their homes to actively participate in the Indian National Movement. Several clashes between the Indian tradition and modernity were also perceptible and the question of nationalism versus religious fervour became louder. This article explores these different themes as depicted in the film with close reference to other literature. By examining the thematic depth of "Ghare Baire," this article aims to illuminate the historical significance and enduring relevance of this remarkable film.1,235 views -
Covid-19: An analytical Study on Licensing and Vaccine IPR in India: With reference to the existing Pharmaceutical Industry and its Evolution Post Pandemic
Student at Amity Law School, Noida, IndiaPages 1232 - 1244Thе CОVID-19 pаndеmic hаs undеrscоrеd thе criticаl impоrtаncе оf аccеss tо аffоrdаblе mеdicinеs аnd mеdicаl tеchnоlоgiеs. Аs thе wоrld rаcеs tо dеvеlоp аnd distributе vаccinеs аnd trеаtmеnts, gоvеrnmеnts аnd intеrnаtiоnаl оrgаnizаtiоns hаvе grаpplеd with hоw tо еnsurе thаt thеsе lifе-sаving prоducts аrе аvаilаblе tо аll whо nееd thеm. Оnе аpprоаch thаt hаs bееn аdvоcаtеd by sоmе gоvеrnmеnts аnd civil sоciеty оrgаnizаtiоns is thе usе оf cоmpulsоry licеnsing. Cоmpulsоry licеnsing is а lеgаl mеchаnism thаt аllоws gоvеrnmеnts tо оvеrridе pаtеnt rights аnd grаnt а licеnsе tо а third pаrty tо prоducе а pаtеntеd prоduct withоut thе cоnsеnt оf thе pаtеnt hоldеr. Thе Wоrld Trаdе Оrgаnizаtiоn's Аgrееmеnt оn Trаdе-Rеlаtеd Аspеcts оf Intеllеctuаl Prоpеrty Rights (TRIPS) prоvidеs fоr cоmpulsоry licеnsing in cеrtаin circumstаncеs, such аs а nаtiоnаl еmеrgеncy оr public hеаlth crisis. In thе cоntеxt оf thе CОVID-19 pаndеmic, sоmе gоvеrnmеnts hаvе аrguеd thаt cоmpulsоry licеnsing is nеcеssаry tо еnsurе thаt vаccinеs аnd trеаtmеnts аrе аvаilаblе tо еvеryоnе, rеgаrdlеss оf thеir аbility tо pаy. Dеspitе thеsе cоncеrns, thе usе оf cоmpulsоry licеnsing during thе CОVID-19 pаndеmic hаs gаinеd suppоrt frоm mаny quаrtеrs. Thе dеbаtе оvеr cоmpulsоry licеnsing during thе pаndеmic is likеly tо cоntinuе, аs cоuntriеs аnd intеrnаtiоnаl оrgаnizаtiоns sееk tо bаlаncе thе nееd fоr аffоrdаblе mеdicinеs with thе nееd tо incеntivizе innоvаtiоn аnd invеstmеnt in rеsеаrch аnd dеvеlоpmеnt. Hоwеvеr, thе CОVID-19 pаndеmic hаs mаdе it clеаr thаt аccеss tо lifе-sаving mеdicinеs аnd tеchnоlоgiеs is а glоbаl public gооd, аnd thаt nеw аpprоаchеs tо еnsuring univеrsаl аccеss mаy bе nеcеssаry.606 views -
Critical Analysis: Marital Legality of LGBTQ Couples
Student at Symbiosis Law School, Hyderabad, IndiaPages 1245 - 1256On 6th September 2018, In a landmark decision, India's Supreme Court (SC) decided that consenting to adult gay intercourse is not illegal. Additionally, sexual preference is a naturally occurring phenomenon over which individuals have no influence. This judgment inherently abolished or decriminalized section 377 of the IPC(IPC) and also stated Section 377 as “irrational, indefensible and manifestly arbitrary.” But the decriminalization of section 377 is nothing but the first step towards giving legal recognition to the queer community in India. They have fought not only for the judicial recognition of fundamental human rights for a long time but also social prejudices of the society, which are unfortunately are still prevalent. It is now necessary to protect homosexual couples constitutionally and to get them on an equal footing with heterosexual couples . Marriage has been regarded as a fundamental human right since the beginning of time. However, there is no legislative or regulatory structure in place to protect same-sex couples and their rights. As of now, LGBTQ+ marriages are still not legally recognized as valid marriage; it is not illegal per se, but with no legal recognition it creates a void for the community and makes it hard for them to start a family or live a normal life in this society.770 views -
The research paper investigates the topic of Title: Human Rights Violations in Maharashtra Control of Organised Crime Act, 1999 was enacted with the noble goal of battling organized crime and eliminating criminal syndicates that constituted a substantial danger to public order and safety in the Indian state of Maharashtra. However, concerns have been made concerning MCOCA's conformity with human rights norms during its implementation and execution. This paper investigates the human rights violations that have arisen as a result of the MCOCA's implementation in Maharashtra. The legislation gives law enforcement agencies unprecedented power to combat organized crime, including the use of stringent provisions for preventive detention, increased admissibility of intercepted communication as evidence, and a reversal of the presumption of innocence for accused individuals. The major goal of this research is to look at how MCOCA implementation has resulted in violations of fundamental human rights, such as the right to a fair trial, the right to privacy, and protection against torture and other cruel, barbaric, or degrading treatment. It digs into the negative impact on the rights of suspects and their families, who are frequently forced to protracted incarceration without sufficient access to legal representation, resulting in a loss of the presumption of innocent until proven guilty. Furthermore, there is a request for the formation of an impartial monitoring body to routinely analyze and evaluate MCOCA implementation. This group would promote accountability and transparency in the implementation of legislation, as well as function as a check on possible abuse of authority by law enforcement authorities. The state of Maharashtra may demonstrate its commitment to both effective law enforcement and the preservation of fundamental human rights for all of its residents by correcting the highlighted weaknesses and implementing the offered suggestions.1,138 views
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Pages 1285 - 1293Entire India had witnessed a cash crunch on November 8, 2016 for the ban of 500 and 1000 rupees denomination notes. However, this crisis left open the future opportunities of digital payment. The glimpse of cashless economy during that short period of time where entire country was facing tough time to make easy payments by using conventional cash pay methods; some schemes like NEFT, RTGS, mobile banking, PPI, CTS, IMPS, NACH, UPI, USSD, debit and credit card had been used more frequently than the cash. However, all these schemes are not used evenly during that time. Some of the digitised payment methods outperformed others in terms volume and value generation. Some payment methods were used frequently but generate lesser value (in rupees) than others and vice-versa. Therefore, in this study our main objective is to find out the schemes which are more users friendly. This study is an approach to find discrepancy in between high volume and value generating digitised payment methods. To make India cashless economy in the near future, we have to take account some of the facts that over a short period of time digital literacy cannot be increased and hundred percent 4G internet service cannot be achieved. It may require huge social overhead capital. Therefore, to achieve the status of cash less economy, we have to find out the schemes which may help us to create a paperless-economy.826 views
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Unraveling the Enigma: Section 09 of Civil Procedure Code 1908
Student at Symbiosis Law School, Pune, IndiaPages 1294 - 1300This legal research paper delves into the critical examination of Section 9 of the Civil Procedure Code 1908, shedding light on its utmost importance, relevance, legislative underpinnings, and its dynamic judicial interpretations. Section 9 of the Code vests courts with inherent jurisdiction to try all civil suits, which are not barred expressly by any other law. This paper begins by elucidating the historical context and legislative intent behind the incorporation of Section 9, emphasizing the paramount significance it holds in ensuring access to justice for litigants. The scope of Section 9 is explored, highlighting its application to diverse civil disputes and the underlying rationale for its existence in the procedural framework. In light of the recent developments in jurisprudence, this research underscores the continued relevance of Section 9 in the modern legal system, providing a solid foundation for courts to exercise jurisdiction in the interest of justice. By analysing the legislative intent and dynamic judicial approach, this paper seeks to contribute to a deeper understanding of the pivotal role that Section 9 plays in the civil adjudication process.1,245 views -
Article 123: A Constitutional Quandary or a Detrimental Dilemma?
Student at Symbiosis Law School, Pune, IndiaPages 1301 - 1309India has a parliamentary system. In the Indian Constitution, however, there is a clause that allows the President to periodically make laws without engaging the Parliament. Such presidential legislation are called ordinances, not Acts; the President promulgates them. And once a certain period of time has passed without such formal legislative permission, they cease to exist. However, aggressive political behaviour and generous court interpretations have rendered these restraints obsolete after several years of constitutional practise. What was exceptional and temporary is now ‘normal’ and ‘permanent’. The aim of this research paper is to delve into origin, relevance and validity of Article 123 of the Indian Constitution, as well as “Article 213 of the Indian Constitution”. In addition, abuse of provision over the years, from the first government under Jawaharlal Nehru in 1952 to the present NDA government under Narendra Modi, is examined in greater detail. The rising abuse of the provision during the Covid era is also examined, as is what Apex Court had to say regarding re-promulgation of orders in the landmark D.C. Wadhwa Case. Finally, once the undemocratic nature of ordinances has been demonstrated, a number of alternatives to the ideal situation in which ordinances are fully removed from the constitution are presented.1,588 views -
Role and Functioning of Family Courts for the Protection of Women’s Rights in India
Senior Research Fellow at Faculty of Law, Patna University, IndiaPages 1310 - 1323Family Courts have been established with a view to secure the speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith, and promote conciliation therein. This paper examines the role of family courts in the protection of rights of women in India. Firstly, it introduces about the system and mechanism of administration of justice in the matters of matrimonial disputes under Indian Judicial system. The analyses the reasons, purpose and objects behind the establishments of family courts in India as well as also discusses provisions relating thereto. It also discusses the jurisdictions of family courts under the Family Courts Act, 1984 as well as under the protection of women from domestic violence Act, 2005. It also deals with the procedure prescribed under the Act for the family court in deciding cases before it. Moreover, it mainly emphasizes upon the role of family courts in protection of women’s rights, and how far it has proved itself upon the touchstone of the purpose and objects of the Act. Finally, this paper summarises the discussion with concluding critical remarks and some workable suggestions in order to enable the system of family courts to be more efficient in protecting women’s rights effectively.1,256 views -
Environmental Injustice and Fast Fashion: A Great Challenge for Mindful Consumption and Sustainability
LL.M Student at Panjab University Regional Centre, Ludhiana, IndiaPages 1324 - 1337Fashion is the way of styling oneself in most popular fashion trends. An opportunity in trying out something new and trendy has resulted in fast fashion. It provides a fashionable, progressive and modern lifestyle at affordable prices. It is called as fast fashion because at present, fashion changes frequently resulting in fast production of trendy clothes which are made of cheap quality fabrics at low costs in order to meet the increased demand of people. However, the fashion industry today is vast, inherently unstable and seasonal whose credibility is validated by the social media to express inspirations through a dress which connects clothing and body ideals to a contemporary culture. While contextualising this issue for a fast-developing economy like India, where industrial sector puts considerable good amount of its share in setting up and operating a manufacturing unit, which has given a boost to the issues of environmental pollution and hyper consumerism. The apparel and textile sector in India contributes to widespread pollution that needs to be addressed along with international competitiveness. There are no specific environmental laws for apparel industry though there are industry specific standards for setting and operating an industrial unit. The environmental protection laws in India, along with its international promises for sustainable consumption needs to be reconsidered so as to curtail the environmental pollution caused by the textile industry. Moreover, the excessive mindless buying by the consumers to stay up to date is destroying our planet and therefore, green consumerism becomes a necessity to reduce unsustainable consumption which is other cause of the environmental injustice conundrum. The present research endeavour is hence, an attempt to analyse the environmental consequences of fast fashion in India and how international law can be used as a beacon light for Indian environmental legal system.1,106 views -
Farmers Suicides in India: An Analysis
Assistant Professor at Crescent School of Law, IndiaPages 1338 - 1348In recent years, the topic of farmer suicide has come to dominate the conversation about rural India. Agriculture has long been practiced in India, and it is often referred to as the "pillar" of the country's economy. Agriculture is the process of harnessing land for the purpose of cultivating various types of crops. Despite the fact that farmers feed the country, their living conditions are far from ideal. India is an agrarian country, with roughly 70% of the population relying on agriculture for a living, either directly or indirectly. India's agriculture industry accounts for more than 15% of the country's GDP and the country's economic development will be feasible only if the farmer's community is given top attention. Farm revenue has dropped dramatically as a result of a loss in exports, a rise in imports, and a corresponding drop in prices, as well as repeated droughts, stagnating output, and productivity. The mass suicides of farmers in the state were a tragic expression of the severity of the situation. Individuals and communities are under pressure to adapt to changes brought on by a shift in socioeconomic circumstances. The policies linked with the economic liberalization process have put a strain on the farmers, resulting in suicides. The unfortunate event should force us to draw critical conclusions for India's rural economy. This article examines the circumstances that led to the agricultural crisis, the growth in indebtedness among farmers, and the varied characteristics of farmer suicides. ”If you tickle the earth with a hoe he laughs with a crop.” – Douglas Jerrold983 views -
Pages 1349 - 1361This research paper explores the significant impact of data science and artificial intelligence (AI) on the fintech industry in India. As one of the fastest-growing economies in the world, India's fintech sector has experienced remarkable growth, with data-driven technologies playing a pivotal role in its transformation. This paper investigates the various ways data science and AI are changing the game for fintech’s in India, including enhancing customer experiences, improving risk assessment and fraud detection, driving financial inclusion, and fostering innovation in financial services. Through a comprehensive analysis of relevant case studies, industry reports, and academic research, we present a detailed overview of the evolving fintech landscape and its potential future trajectory.838 views
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This study aims to examine how the legality of productive waqf management in the Aceh Qanun and the implementation of Law No. 41 of 2004, then see how the implementation of productive waqf is carried out and realize the welfare of the people in the city of Banda Aceh. The type of research used is field research with a qualitative descriptive approach that describes data and information based on facts obtained in the field regarding the management of productive waqf. The result of the research are: First, the legality of productive waqf has not yet been fully regulated in the Aceh Qanun No. 10 of 2018, therefore the implementation of the Qanun has not been maximized, with the reason Baitul Mal is still focused on the management of zakat, infaq and alms. Second, as for the implementation of Law No. 41 of 2004 as stipulated in article 43 verses 2, the concept of management and development of waqf property in Aceh is managed and developed productively in according to its purpose, function and to whom it is. Third, The implementation of productive waqf management in Banda Aceh city is done by renting land, shop, kiosk, landlord or rental houses and so on, because of waqf assets which owned by Banda Aceh city mostly in the form of land and buildings. Fourth, The productive waqf hasn’t been yet significant affected to the improvement of public welfare in Banda Aceh city because the acceptance of rental waqf result is still in the lowest point.688 views
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Establishing an Economic Court in the Kingdom of Saudi Arabia as a Part of Achieving Vision 2030
Assistant Professor at Taibah University, College of Law, Saudi ArabiaPages 1384 - 1415The Kingdom of Saudi Arabia has undergone significant improvement since announced changed most of Saudi Arabia’s systems and rules to keep the country up with the times with other countries to achieve Vision 2030. One of the most significant changes was in the jurisdiction system. After the announcement of Vision 2030, many achievements, projects, and developments have been achieved, including the development of the judiciary system. One of the most important achievements that have been achieved is the development of the commercial court system in a manner that enhances the speed of settlement of commercial disputes due to the requirements of this type of case speed. The system will also help in consolidating the institutional justice methodology, and gives flexibility in commercial agreements related to adjudication, and flexibility in proof in proportion to the nature of business if this does not prejudice the public order and the rules of justice. But the obstacle in this system appears in some of the commercial cases, with the growth of an economy and encouraging investment. Therefore, there must be a competent court to attract the confidence of investors. Moreover, The Kingdom of Saudi Arabia issued the privatization system to achieve Vision 2030 to support economic growth in the country. Where government ministries are affiliated with commercial companies on the one hand and are governmental in their organization on the other. This system needs an economic court to consider cases of this kind. Because One of the most essential goals of Vision 2030 is to focus on the economy and attract investment.3,991 views -
Pages 1416 - 1423The choice to become a whistleblower is not easy. It is associated with a lot of fears such as potential loss of employment and the impact it has on one’s personal life. But when a potential whistleblower feels so much fear to act on the misconduct of his organization, it is the entire society that suffers. “Whistleblowers are invaluable in exposing corruption, fraud and mismanagement.” In this article we have covered in detail the definitions, ingredients of Whistleblowing along with the various legislations that protect the Whistleblowers across the globe and deals with various case studies of Whistleblowing. Through this article we aim to bring to light how even though there are so many efforts made to protect the Whistleblowers there is still a long way to go in empowering them to come out without fear.824 views
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Implementing 5G in India: A Legal Analysis
LL.M. Student at Hidayatullah National Law University, Raipur, IndiaPages 1424 - 1438The analysis of Issues And Challenges Of implementation 5g in India are covered in this paper. It further deals with the fifth generation (5G) of wireless technology is predicted to completely alter how we interact with one another, link to the internet, and converse. Before 5G technology can be extensively used in India, it must first overcome a number of obstacles and problems. The absence of sufficient infrastructure will make the implementation of 5G in India challenging. The availability of spectrum is a major problem with 5G implementation in India. India's telecom industry is heavily controlled, and spectrum distribution is under government supervision. The amount of spectrum that is currently accessible is constrained, and telecommunications providers are engaged in a furious arms race to acquire the spectrum required for the implementation of 5G. Another major obstacle to the adoption of 5G technologies in India is the expensive pricing of the new tech. Deploying 5G in India to each and every area in short span of time is difficult due to a trained labour shortage. Even though 5G technology has the ability to completely change the Indian telecom sector, there are still a number of problems and difficulties that need to be resolved. These issues and challenges are discussed in this paper and at conclusion the suggestion to overcome the same is discussed.834 views -
Analysis of Food Safety and Standard Act, 2006 with respect to Right to Health
Pursued LL.M. from Christ (Deemed to be University) Bangalore, Karnataka, IndiaPages 1439 - 1449Right to health an inalienable right to guarantee the same the constitution of India has incorporated the same in the fundamental rights and the Directive principles of the state policies. The Food Safety and Standards Act (FSSA) is a comprehensive legislation aimed at ensuring the safety and quality of food products in India. The Act includes a number of rules that govern how food items are made, stored, distributed, and sold in order to protect the public's health. This analysis focuses on the FSSA's relationship with the right to health. The right to health is a fundamental human right recognized by international law, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which India is a signatory. The right to health includes access to safe and nutritious food, which is a basic requirement for the maintenance of good health. The FSSA aims to promote and protect the right to health by ensuring that food products are safe and of good quality. The Food Safety and Standards Authority of India (FSSAI) is established under the Act and is tasked with establishing standards for food items, regulating their production, storage, distribution, and sale, and enforcing adherence to the requirements. The FSSA also provides for the establishment of a Food Safety Appellate Tribunal, which provides an effective and expeditious mechanism for the resolution of disputes related to food safety. The Act empowers the FSSAI to order the recall of unsafe food products and to take appropriate action against manufacturers, distributors, and sellers of such products. In conclusion, the FSSA is a significant legislation that plays a crucial role in safeguarding the right to health in India. The Act's provisions ensure that food products are safe and of good quality, which is essential for maintaining good health. However, there is a need for effective implementation of the Act's provisions to ensure that the right to health is protected in practice.922 views -
Miscarriage of Justice by Battered Dowry Laws
Student at O.P. Jindal Global University, Sonipat, Haryana, IndiaPages 1450 - 1459On agreement to anonymity, a District court judge in Delhi said that the ratio of false reported to true unreported dowry cases is two is to five i.e., majority of female victims refrain from reporting dowry related harassment and crimes in India. These are the two sides of a coin and are co-existing in the Indian society. The Dowry Prohibition Act, 1961 along with Sections 304B and 498A of the Indian Penal Code, 1860 provide against abuse by husband and his relatives in form of dowry related harassment, death and cruelty. It is seen that conviction rate in 2015 was merely 34.7%, while rest of the cases are pending, mediated, withdrawn or result in acquittal. Reasons for withdrawal and mediation include the social stigma attached, subjection to reputational harm and familial pressure. However, at times, this mediation, withdrawal and acquittal is interpreted otherwise and mistook for attempted misuse of anti-dowry laws by the victims. Nevertheless, misuse of these laws by victims is also observed wherein women complain against their husbands with false allegations arising out of ulterior motives. Herein, Section 498A of the Indian Penal Code, 1860 read with Section 41 of the Criminal Procedure Code, 1973 is seen to be used as a weapon rather than a protective shield by the women against their husbands and his relatives. Per these provisions, dowry related cruelty is a cognizable and non-bailable offence, whereby the accused can be arrested without warrant. This paper shall focus on analysing the efficiency of social welfare laws in protecting women’s rights considering the socio-economic set up of Indian patriarchal households. This shall be done through analysis of case laws and viewpoints of different stakeholders involved.792 views -
Armed Forces Special Powers Act and Its Relevance in Contemporary India
Student at Tamil Nadu National Law University, IndiaPages 1460 - 1471The Armed Forces (Special Powers) Act is controversial legislation enacted in the year 1958, in order to eliminate insurgency in North eastern parts of the country. The Act enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. AFSPA has been in the debate, as it grants the Armed forces huge array of powers, without imposing enough liability on their actions. The people of the north eastern states put-forth that fundamental rights are being violated as AFSPA being in place for more than 70 years. While on the other side, the Armed forces deem this to be essential legislation in order to carry out their operations to stop insurgency. In this paper the author, would look into administrative flaws in the sections of AFSPA and explain various provision in light of those violations. Rule of law has been declared by the Supreme Court as one of the basic features of the Constitution. As per rule of law, it is required that the people should be governed by the accepted rules rather than the decisions that are arbitrarily taken by the executive. The author would look into aspect of rule of law in AFSPA and whether it is followed or not. And then about the principles of natural justice are being followed in APSPA or not, and then into the landmark judgements. At last, the author would analyse various administrative reforms committee reports and their suggestions regarding the act and problems which need to dealt with it Act.951 views -
An Analysis on the Admission and Confession in the Indian Evidence Act
Student at The National University of Advanced Legal Studies (NUALS), Kochi, Kerala, IndiaPages 1472 - 1490Admissions and confessions hold paramount importance in the Indian legal system as they serve as vital pieces of evidence that can significantly influence the outcome of a criminal trial. This research paper delves into the complexities of admissions and confessions in Indian evidence law, aiming to provide a comprehensive analysis of their relevance, admissibility, and potential procedural pitfalls. Moreover, the paper critically evaluates the admissibility criteria for both admissions and confessions, exploring the constitutional provisions, relevant sections of the Indian Evidence Act, and their alignment with fundamental rights to ensure fair trial and protection against self-incrimination. Special attention is paid to highlight landmark judgments that have influenced the legal landscape and shaped the admissibility of these crucial evidentiary elements. Furthermore, the research explores the potential challenges faced in admitting or extracting confessions, especially when custodial interrogations are involved. The analysis focuses on the adherence to due process, the presence of coercion, and the role of confession in cases of capital offenses, seeking to identify areas of improvement to safeguard the accused's rights. In conclusion, this research paper provides a comprehensive overview of admissions and confessions in the Indian evidence law system, highlighting the nuanced legal principles and procedural safeguards surrounding their admissibility. It aims to contribute to the ongoing discourse on evidence law and act as a valuable resource for legal practitioners, scholars, and policymakers in their pursuit of ensuring justice, fairness, and protection of individual rights within the Indian legal framework.1,511 views -
Categorising Terrorist in India: Scrutinising a Citizens’ Violation of Human Rights
Advocate in IndiaPages 1491 - 1504The article "Categorizing Terrorists in India: Scrutinizing a Citizen's Violation of Human Rights" explores the complexities surrounding the classification of terrorists in India and its implications on citizens' human rights, particularly under the Unlawful Activities (Prevention) Act (UAPA). Terrorism has long plagued India, necessitating a robust approach to identify and counter such acts. The UAPA Act emerged as a governing body to address unlawful and terrorist activities, but its recent amendment in 2019 raised concerns about potential violations of fundamental rights. This article critically examines the UAPA Act's provisions, especially the controversial 2019 amendment, which allows the government to designate individuals as terrorists without incriminating evidence, reversing the burden of proof and challenging the principle of "innocent until proven guilty." The article delves into the rights granted to normal accused individuals under Indian law and compares them with the lack of specific rights provided to designated terrorists. The study highlights instances of misuse and arbitrary use of the UAPA Act, leading to wrongful detentions and acquittals. It addresses the constitutional principles of presumption of innocence and due process, arguing that the Act infringes on these rights. Furthermore, the article discusses the international standards of human rights, pointing out how the UAPA Act falls short of fulfilling them. In conclusion, the article advocates for a balanced approach that upholds the rule of law, protects citizens' human rights, and ensures fair treatment of designated individuals. It calls for a comprehensive examination of the UAPA Act's provisions to rectify its shortcomings and prevent potential abuses of power.792 views -
Cross-Border Insolvency: The Case for India to Adopt the UNCITRAL Model Law
LL.M. Student at Chanakya National Law University, IndiaPages 1505 - 1510This article delves into the concept of cross-border bankruptcy proceedings, where a debtor holds assets, creditors, or both in multiple jurisdictions, leading to insolvency issues that transcend the boundaries of a single legal system. Recent high-profile cases involving companies such as Videocon Industries and Essar Steel underscore the pressing need for a comprehensive statute in India to effectively address these challenges. These cases have brought to light various difficulties, including complications in asset disbursement, procedural intricacies, and prolonged legal processes, resulting in significant losses for corporations. To tackle these complexities and enhance efficiency, the article proposes adopting a legal framework for cross-border bankruptcy, facilitating a single consolidated insolvency process across jurisdictions. This becomes crucial in light of India's growing prominence as a major global player and its efforts to attract foreign investment through initiatives like Make-in-India and FDI regulatory relaxations. Ensuring protection and procedural fairness for all stakeholders involved in cross-border insolvency cases is paramount to encouraging business activities in India. The article also examines the UNCITRAL Model Law as a potential solution to India's cross-border insolvency challenges. The Model Law aims to provide an efficient framework for governments to address insolvency issues and harmonize different legal systems and the promotion of collaboration between national and international courts and insolvency specialists. Additionally, it emphasizes the recommendations made by the Insolvency Committee, suggesting the inclusion of a chapter on cross-border insolvency, inspired by the Model Law, into India's legislative framework. Despite the potential benefits, the article acknowledges several challenges, such as the need to negotiate bilateral agreements with other countries, address procedural and legal complexities, and consider the suggestion of adopting the Model Law on a Reciprocal Bargain.849 views -
Smart Thinking, Free Expression: Youth as Law-abiding Agents of Change
Student at SMAN 1 Batu, Jawa Timur, IndonesiaPages 1511 - 1515The purpose of this research is to provide a solution to increase legal awareness for the younger generation. Teenagers as agents of change are direct role models for their surroundings. They can inspire the surrounding environment to be sensitive to issues that are developing in Indonesia, change people's attitudes so they can comply with legal regulations properly, and influence public policy. Good manners must be instilled in the education curriculum in shaping the character of the younger generation so that they are aware and obey the law through a joint policy between the Ministry of Law and Human Rights and the Ministry of Education and Culture.843 views -
Patent Protection in India and Canada: A Comparative Appraisal
Research Scholar at Department of Political Science, Central University of Haryana, IndiaPages 1516 - 1526This research paper presents a comprehensive comparative overview of the legal frameworks governing patent protection in India and Canada, offering a focused legal perspective. The study examines key aspects related to obtaining, registering, and maintaining patents in both countries, alongside an assessment of patent search and information facilities. The enforceable patent protection term, crucial to inventors and innovators, is critically analyzed. Furthermore, the paper explores the mechanisms for monitoring and addressing patent infringement and the potential consequences of patent revocation. Through a meticulous examination of primary and secondary sources, including domestic laws and relevant case studies, this research highlights the similarities, differences, strengths, and weaknesses of the patent systems in India and Canada. The findings aim to contribute valuable insights for policymakers, legal practitioners, and stakeholders to improve and harmonize patent protection regimes, fostering innovation and promoting cross-jurisdictional collaboration.911 views -
The Legal Tenability of Women’s Exclusion from Combat Arms in the Indian Army
Student at Symbiosis Law School, Pune, IndiaPages 1527 - 1548This paper does a thorough analysis of the constitutional legitimacy and legal tenability of women's continued exclusion from the combat arms in the Indian Army, and attempts to predict the court's ruling in a likely scenario where a petition may be filed before the Supreme Court to direct the Union Government and the Indian Army to start inducting women in combat posts, especially motivated by the recent development of Permanent Commission. The goal of the paper is to close the generational gap by balancing traditional and contemporary methods and understanding the motivating factors behind each. It next analyses the difficulty presented by Article 33 and investigates further pertinent judicial precedents, regulations, reports, international treaties, and case studies in order to get a thorough understanding and strengthen the case for the hypothetical petition. Following that, the paper outlines the theoretical underpinnings of direct, indirect, and systemic discrimination, surveys comparative jurisprudence regarding the doctrines, and lays out the final road map for operationalizing indirect discrimination in Indian antidiscrimination law with references to the standards defined in the Lt. Col. Nitisha case. Lastly, the paper analyses the criteria necessary for applying the concepts of direct and indirect discrimination in order to demonstrate that the exclusion of women from Indian combat arms constitutes systematic discrimination within the Indian Army.807 views -
Ecological Pioneering in India: An Inquiry into the Growth of Eco-Tourism with Emphasis on Kerala
Student at Vivekananda Institute of Professional Studies, GGSIPU, IndiaPages 1549 - 1561As the threat of global warming and environmental degradation continues to rise, ecotourism has become increasingly popular. Ecotourism aims to promote and preserve fragile and undisturbed natural environments, connect secluded areas with mainstream tourism, reduce carbon footprints, and conserve indigenous cultural traditions. India, with its diverse and rich cultural legacy, is well positioned to capitalise on this trend. This research paper will analyse the growth of ecotourism in India, along with the challenges that the country faces in promoting such practices. It will begin with an introduction to ecotourism, its benefits, and how it differs from sustainable tourism. The paper will then delve into the evolution and development of ecotourism globally, and its recognition in India. It provides an overview of the current state of ecotourism in India, including the “jurisprudential view of ecotourism” in the country. The paper also highlights the initiatives implemented by the Kerala government in promoting responsible tourism, which led to recognition with the highest award given to government entities. However, while ecotourism has the potential, there are also challenges associated with it. The paper will highlight the impact that excessive commercialisation of ecotourism can have on the environment and indigenous people. The author will also deliberate upon the challenges that India faces in the growth of ecotourism, illuminating the shortcomings and progress that the country can make in this niche industry. Encouraging sustainable tourism practices that benefit both the local community and the environment is crucial, and ecotourism holds promise for achieving this objective.853 views -
Challenges in the Development of Special Purpose Acquisition Companies (SPAC) With Specific Regard to the Indian Corporate Sector
Student at The National University of Advanced Legal Studies(NUALS), Kochi, IndiaPages 1562 - 1568SPACs (Special Purpose Acquisition Companies) have been rising in significance and prominence all across global capital markets, particularly over the course of past few years. They have existed and been relevant for some time now, but have experienced an exponential increase of late, having a resurgence in several prominent markets, such as the United States. The sustainable energy company ReNew Power utilized the SPAC concept as a major part of their growth plan and consequently found themselves listed on the NASDAQ Stock Exchange. One major effect of this is that it has rendered SPACs a big topic of conversation in India.2 But what is a SPAC? A special purpose acquisition company is a corporation with the objective of raising capital through IPO’S (Initial Public Offerings). They originate as a shell company, with the amount raised being routed through to a trust fund until a target operational firm is identified. Post identification, the respective shareholders are asked for approval, and those who are not interested or piqued in the sale of their shares are afforded the opportunity to redeem them. Post this, the de-SPAC step begins, which deals with the carrying out of the acquisition transaction. The widespread implementation of SPAC with respect to Indian markets is once again being mooted, following the aforementioned ReNew Power’s merger with a US-based special purpose acquisition company. Several high-profile companies are investors in SPAC’S, including but not limited to Flipkart and Mahindra & Mahindra. SPAC’S are being used more and more by start-ups to facilitate easier access to stock market. As a result of all these changes being ushered in by the introduction of the SPAC process, India will soon amend it SPAC rules and GoPro SPAC, to better reflect the prevalence and importance of SPAC’S.822 views -
Legal Analysis of Implication of Blockchain Technology in Corporate Governance
LL.M. Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1569 - 1594This research explores the inter-relationship and inter-dependent growth of Corporate Governance and Blockchain Technology. This new invention of Blockchain Technology to the Corporation is a massive opportunity store. The fast-growing Blockchain Technology has a sufficient reach to the basic principles of corporate governance. The present paper explains the shift in purpose of corporate governance from regulating corporations to build fiduciary, agency-management relationship & accountability. The Distributed Ledger Technology (DLT) system of Blockchain Technology has the potential to solve the problems associated with classical financial record keeping system. The Transfer Control Protocol transfers the information of asset. Likewise, the Blockchain Technology transfer the value of asset at the very low cost by removing some or all intermediaries. The major purpose of Corporate Governance can be achieved by applying the vital features of Blockchain Technology. While incorporating Blockchain Technology in structure of Corporate Governance, it is important to ascertain the legal issues arising out of the incorporation and have a specified legislation to solve any conflict. As the technology is in developing stage and it will take a lot of time to be fully grown, despite that fact, it cannot be left unregulated because that will make it hall of illegal transfer. So, basic as well as progressive legislation is the need of hour to provide legal certainty for firms & corporations dealing on Blockchain platform by securing the use of technology and backing the undesirable consequences. The current status of Blockchain regulatory framework is in a preliminary stage in India. The nature of society is Dynamic. Therefore, its inventions and laws can never hold a static value. This paper has attempted to provide adequate suggestions on Regulation based on the comparison of regulations in USA, the essence of the research lies in the process that how the Blockchain Technology will unfold benefits and restructure the Corporate Governance.746 views -
Comparative Analysis of Arbitration and Mediation as ADR Methods
Student at Campus Law Centre University of Delhi, IndiaPages 1595 - 1600As efficient alternatives to conventional litigation, Alternative Dispute Resolution (ADR) techniques including mediation and arbitration have grown significantly in popularity. This research study offers a comprehensive comparison of mediation versus arbitration as ADR techniques, looking at their procedures, benefits, and applicability for various sorts of conflicts. This research seeks to increase comprehension and help stakeholders choose the best ADR technique for their unique needs by critically examining the fundamental features.1,584 views -
Pages 1601 - 1619The dawn of the 21st century was characterized by mammoth technological advancement with its accompanied globalization which has resulted in paradigmatic alteration in matters of information sharing and security issues. The Cyberspace and Internet were essential developments in this era of technological detonation which created a virtual world and transcends nation-states’ boundaries. It rapid spread to all parts of the world made the world to become a global community. This paper calls Cyberspace internet a virtual computer world that constitutes many worldwide computer networks that employ Transmission Control Protocol/Internet Protocol (TCP/IP protocol) to facilitate communication and information sharing. The rapid developments in technology and the internet has developed unorthodox exploit of these technologies, occasioned a variety of illegal activities and alarming incidence of crimes. This paper calls all these unorthodox exploit of the technological advancements like; cyber terrorism, juvenile felony, scamming, and a host of other urban criminality. Undoubtedly technological advancements ushered a lot of opportunities and improvements in our lifestyles, but it has equally resulted in myriad white collar burglary that has undermined these developments in African frail economies. The Bamenda urban milieu wretchedly serves as a crux where these global community dynamics have been grossly abused by unemployed youths. This paper attempts to investigate the technological advancements and it’s bearing on crime waves among youths of Bamenda town. Based on evidence gathered from primary and secondary sources, using qualitative and quantitative methods, it winds up that Technological advancements have influenced the increasing crime waves among the youths of Bamenda town, and difficulties of combating urban criminalities are not only centered on technological sophistication but largely on the lack of will on the part of the stakeholders.708 views
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Corporate Liability for Environmental harm in India
Student at School of Law, University of Petroleum and Energy Studies Dehradun, IndiaPages 1620 - 1634Increased environmental degradation such as air pollution, water pollution and soil pollution is a result of India's rapid industrialization. Therefore, the idea of corporate responsibility for environmental damage has become important. The two most important pieces of legislation that make companies liable for environmental damage are the Environmental Protection Act 1986 and the Water (Prevention and Control of Pollution) Act 1974. To ensure that companies are liable for environmental damage, the interpretation and enforcement of these rules by the legal order were crucial. Under Indian law, companies can be held liable for environmental damage, even if it was unintentional or caused by suppliers or subcontractors. In addition, companies must take preventive measures to protect the environment, and if this is not done, they are responsible for any damage that may occur. In India, enforcement of corporate convictions for environmental damage remains difficult, despite the existence of a legal framework. Public understanding of environmental issues and the legislative framework for environmental protection are inadequate, and pollution control agencies sometimes lack the necessary funding to implement the Water (Prevention and Control of Pollution) Act. It is difficult for citizens to hold companies accountable for environmental damage due to a lack of enforcement tools and public awareness. This essay examines corporate responsibility for environmental damage in India, as well as the functioning of the legal system, the judiciary, and the difficulties involved in enforcing these laws.2,769 views -
Pages 1635 - 1643The increasing reliance on digital systems and the widespread use of technology in the banking sector have raised concerns regarding data privacy and security. The protection of customer information and financial data is of paramount importance to banks to maintain trust and confidence in their services. This research paper delves into the dynamic landscape of data privacy and security within the banking industry, examining the multifaceted challenges encountered by banks. It further I investigates the proactive measures, best practices, and strategic approaches implemented to fortify the protection of sensitive information. By analyzing the current landscape, regulatory frameworks, and emerging technologies, this paper aims to provide insights into effective data protection measures for banks.1,684 views
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In its most basic form, the protection of human rights is the protection of human dignity. The National Human Rights Commission must fulfill this lofty goal. It is a goal that is derived not only from the Commission's statute but also from Article 21 of the Constitution, which the Supreme Court has interpreted to indicate that everyone in India has a right to live in dignity. There should be no question or hesitancy about the Constitution's mandate to defend human rights and dignity. The responsibility to understand and follow this imperative increase with power. Mahatma Gandhi, who had an unmatched ability to speak the truth simply and plainly, phrased it like as follow: “It has always been a mystery to me how men can feel themselves honored by the humiliation of their fellow beings.” Therefore, Gandhiji's observation and truth should be continually kept in mind by every Indian citizen, especially by State employees. That would help us get closer to a world where everyone can live in dignity. This Annual Report is a succinct account of the National Human Rights Commission's efforts in 2000–2001 to further that cause. In this article the researchers are analyzing individual’s rights with regard to DNA test and constitutional validity of such tests in criminal justice system.675 views
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Capital Punishment Ethics in India: A Comprehensive Examination of Ethical, Legal, and Societal Perspectives
Student at The National University of Advanced Legal Studies (NUALS), Kochi, Kerala, IndiaPages 1657 - 1664This article critically analyses the ethics of capital punishment in India, delving into the multifaceted aspects that influence the practice. Capital punishment, or the death penalty, has long been a subject of intense debate globally. India, as one of the world's largest democracies, is no exception to this discourse. The article examines the ethical justifications for and against capital punishment, considering legal frameworks, societal perceptions, human rights implications, and international perspectives. Drawing upon relevant case studies, legislative developments, and historical data, the study aims to provide a holistic understanding of the ethical challenges surrounding capital punishment in India. Ultimately, the article seeks to contribute to the ongoing discourse on capital punishment by addressing the complexities of its practice within the Indian context.1,072 views -
South China Sea: International Law and Geo-Strategic Challenges
Pursuing Masters in Journalism and Mass Communication from UP Rajarshi Tandon Open University, Prayagraj, U.P., IndiaPages 1665 - 1672The recent Japan-India-Australia-US Quadrilateral Security Dialogue (QUAD) summit (May 20, 2023- Hiroshima) is an indication that diplomatic partnership of four countries is now effectively combating Chinese influence in South China Sea. Japan had hosted last summit also in May, 2022 when leaders of four-nation alliance expressed serious concern over unilateral attempts to change the status quo by force in the East and South China Seas and reaffirmed to strengthen the foundations of international order with particular reference to Indo-Pacific emphasizing that the “centerpiece of the international order was international law, including the UN Charter, respect for sovereignty and territorial integrity of all states. All countries must seek peaceful resolution of disputes in accordance with international law.” Clearly, the combined resolve has proved wrong the assertion of Chinese foreign minister Wang Yi that QUAD was a ‘headline grabbing’ exercise which will ‘dissipate like sea foam’. He had also charged US with creating an ‘Asian NATO’ (in the form of QUAD).719 views -
Search and Seizure
Student at Symbiosis Law School, IndiaPages 1673 - 1678The legal procedure known as "search and seizure" has been employed by authorities in both civil and criminal cases for a significant period. Its primary purpose is to conduct a thorough examination of a person or a location to specifically locate and secure certain items, which are then taken into safe custody. Subsequently, these seized items are utilized as crucial evidence in court proceedings. Despite its seemingly straightforward nature, this clause holds vast implications and dimensions that warrant careful attention and consideration. In this paper, we aim to delve into the various 'search and seizure' provisions available under Indian law. Furthermore, we will scrutinize the challenges and issues these provisions present, critically analysing the procedural aspects of search and seizure in various countries. To enhance the comprehensiveness of our study, we will conduct an empirical analysis on the validity and efficacy of search and seizure practices in different nations. Through this comprehensive analysis, we hope to identify potential areas of improvement in the search and seizure procedures, enabling authorities to strike an optimal balance between individual rights and the interests of justice. Additionally, we seek to draw attention to the crucial role played by search and seizure evidence in court cases, emphasizing the need for its accurate and lawful acquisition. Overall, this paper endeavours to contribute to the existing body of knowledge on search and seizure, providing valuable insights for legal practitioners, scholars, and policymakers alike. By shedding light on the nuances and challenges of this critical legal process, we aim to promote a more equitable and effective approach to handling search and seizure cases worldwide.1,031 views -
The Syrian Conflict: A Multifaceted Analysis of the Political, Social, and Humanitarian Dimensions
Student at SVKM's Pravin Gandhi College of Law, Mumbai, IndiaPages 1679 - 1688Currently, the Ukraine - Russia war is being discussed worldwide, but one war has been ongoing for about 12 years. It is the Syria war upon which the eyes of the world are shifted away but the horrors prevailing in that war is spine chilling - Widespread poverty, hunger, migration, deaths, and injuries are some gruesome features of it. Entry of various parties in the war made the matter worse as everyone is acting upon their interests and the only ones facing the horrors are the innocent civilians. The researcher has discussed the various aspects of the war, the current position, and the interests of various parties involved, it also discussed the violations regarding the human rights and relief measures going on.1,906 views -
Pages 1689 - 1698Mental health refers to the healthy mind of an individual, while public health is related to the healthy sense of the community at large. There are various links between the mental health and public health that is to protect the person's psychology, whether it is individual mental health or it is for the public at large, that is public health. That is why it is essential to take care of both mental and public health, and we talk about mental health with reliance. We mean to say the person is physiologically conscious and able to control his/her mind. Public health is always a matter of concern of the government, many programme and health policies regarding that are continuously conducted by the government, also about mental health; there are many ways by which a person can remove his sufferings. From the government to non-governmental organizations, everyone is concerned about mental and public health since it is the cause of many deaths occurring every day in India. The most common factor of suicide in India is suffering from mental health. Apart from the duty of the government, every individual in the society is cast with the duty to take care of their loved ones and also to their neighbors. Despite these efforts, news of new suicide cases, every now and then is heard every day. People are suffering from depression due to slowdown of the economy; this situation has been peaked during the pandemic. All these circumstances put questions despite all efforts to protect the mental and public health, can we say we are protecting public health at large? Has India fulfilled all the parameters set by the World Health Organization? Are we able to create awareness programmes globally? What is the legal status of public health at the International level? The authors will try to throw light on these questions and try to cover every perspective of public health priority. In the end, the authors will provide some suggestions that can be useful for the promotion of awareness programmes at the national and international levels.686 views
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Prospects of India as China +1
Assistant Professor at KLE Society's KLE College of Law, Navi Mumbai, IndiaPages 1699 - 1704The term "China Plus One" refers to a business strategy used by organisations, particularly multinational firms, to diversify their supply chain and production activities by include a different manufacturing or sourcing location in addition to China. This strategy gained popularity in reaction to a number of causes, such as the need to reduce the risks brought on by an overreliance on a single production base, rising costs in China, and geopolitical unpredictability. India presents itself as a desirable alternative location as multinational companies (MNCs) and enterprises try to diversify their production and sourcing activities away from China.650 views -
Emerging Trends in International Trade and Investment Law: A Critical Analysis of India’s New Overseas Investments Regime and its Position in the International Investment Landscape
Student at Amity Law School, Noida, IndiaPages 1705 - 1735This research paper focuses on emerging trends in international trade and investment law, with a specific emphasis on recent changes in India's overseas investment regulations. It comprises four parts, each addressing critical aspects of the evolving global investment landscape. Part 1 gives an overview of current trends in international trade and investment law, analyzing the impact of rapid globalization on cross-border investments and the complexity of legal frameworks governing foreign investments. It also examines the rise of bilateral and regional investment agreements and the role of investor-state dispute settlement mechanisms. Part 2 critically examines India's recent overhaul of overseas investment rules. It delves into key amendments and policy shifts aimed at attracting foreign investments and fostering economic growth. A comparative analysis of old and revamped regulations highlights the motivations behind these changes and their potential implications for India's investment climate. Part 3 provides an in-depth analysis of India's new overseas investments regime, exploring legal, economic, and political considerations that shaped the policy framework. It evaluates potential challenges and opportunities arising from the new rules, including their impact on ease of doing business in India and facilitation of outbound investments. Part 4 assesses India's position in the international investment regime. It considers the country's historical investment treaty practices, engagement with international investment agreements, and participation in investor-state dispute resolution mechanisms. The paper seeks to provide insights into India's stance on foreign investments and its potential influence in shaping international investment law.1,137 views -
The Impacts of Globalization on LGBTQ Rights in India
Student at His Highness Maharajas Government Law College, Ernakulam, IndiaPages 1736 - 1747Globalization has changed the whole realm of human life. It is not just making the world into a single market, but also helps the human race to share, to converge knowledge, technology and values to make this planet more beautiful to live in. The impact of globalization has also given sound to the unheard cries of LGBTQ people all around the globe. They were kept aside, silenced and tortured for thousands of years by our traditional value system. India, being a religious country, LGBTQ people were never allowed to express their freedom and never allowed to ‘be’ themselves. Globalization has helped people across the globe to know how the world is accepting LGBTQ rights and helping them to live their lives at the fullest. As India has opened its gate to globalization, it has already welcomed the technology, capital, cultural practices and values of other nations too. And in short, globalization has had a significant impact on India as a whole. As LGBTQ people are given many rights around the world, India cannot stand alone. The LGBTQ community fought for their rights with vigor and hope. As a result, we have the landmark judgment of Delhi High Court on Naz foundation V. Govt. of NCT of Delhi, in 2009 which decriminalized homosexuality, the Supreme Court judgment in NALSA V. Union of India in 2013 which recognized transgender people as the third gender and affirmed all fundamental rights of them. Even if we have a glimpse of hope on one side, the traditional religious mind set of people is not ripe enough to accept LGBTQ as they are. So this paper is an attempt to study the impact of globalization on LGBTQ rights in present India.1,043 views -
Position of Women in the Private Sector with special reference to the Maternity Benefit Act and other Allied Laws
PhD Research Scholar at School of Law, Lovely Professional University, Phagwara, Punjab, IndiaPages 1748 - 1755The emerging role of women in society today must be explored in concert, by placing special focus on the inclusion of social equality elements in law and courts. To give women an equitable and equal environment in the job, the Maternity Benefits Act, 1961 was introduced. This act is to regulate the employment of women in certain establishments for certain period before and after childbirth and to provide for maternity benefit and certain other benefits. The newest amendment to the Legislation in 2017 is a continuation of the breakthrough initiatives taken to include female workers by female workers' rights organizations. Today in our nation the position of a homemaker has changed greatly to that of a career woman. Maternity benefits and maternity leave are important functions for all female employees in all segments of female workers and play an important role in maintaining and growing the corporate presence and retention, efficiency, and satisfaction at work. The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and health maintenance of women and her child when she is not working. Therefore, it is extremely pertinent that these provisions need to be understood and critically analysed in context to its position in today’s day and time.790 views -
Alternative Dispute Resolution to Reduce Civil Cases in Bangladesh
PhD Scholar at School of Law, Galgotias University, Uttar Pradesh, IndiaPages 1756 - 1764Keeping pace with the developed world, the provision of Alternative Dispute Resolution (hereinafter referred as ADR) has been inserted in the laws of Bangladesh long ago. Immediately after inserting the provisions, it started to play an important role in dispute resolutions resulting in reducing the number of civil cases. But it couldn't retain its momentum mainly because the lawyers are reluctant to resolve disputes through this process. And the government didn't show promptness in popularising the process or training judicial officers to encourage people to resolve disputes through ADR. Even still the legal provision relating to ADR is not comprehensive. For all these things alternative dispute resolution cannot play any important role in significantly reducing the number of civil cases in Bangladesh. There is no gainsaying that lots of cases are being resolved through alternative dispute resolution, but the number is not mentionable in comparison with the total number of running civil cases in Bangladesh.1,478 views -
Uniform Civil Code: Implementation and Challenges
Assistant Professor at Shri Ramswaroop Memorial University, Lucknow, IndiaPages 1765 - 1773Uniform Civil Code popularly known as ‘One Nation – One Law’ is defined in Article 44 of the Indian Constitution. It is the duty of the State to secure Uniform Civil Code for the citizens throughout the country. The Uniform Civil Code in India aim to safeguard vulnerable communities, including women and religious minorities, as envisioned by Ambedkar, while simultaneously fostering nationalistic fervor via unity. The main objective behind the UCC is to replace the different personal laws with a common set of rules governing every citizen. Personal Laws are distinguished from Public Law and it basically covers marriage, divorce, inheritance, adoption and maintenance. There is mainly three contextual issues related to Uniform Civil Code in modern India i.e., legitimacy, gender equality and majority v. minority. One of the main raised by opponents of the UCC is the potential impact on minority communities. Personal laws are deeply linked with the religious identity and practices of these communities. They argue that imposing a common civil code may dilute the unique rights protections enjoyed by minority groups and erode their cultural autonomy. Protecting minority rights and preserving their distinct practices is considered crucial in a pluralistic society like India.1,144 views -
Interpretation of Statute: Analysis of the Rule of Harmonious Construction
Student at NMIMS School of Law, Bengaluru, Karnataka, IndiaPages 1774 - 1786Legislators take great care when drafting legislation, considering possible outcomes, and accounting for extraordinary events like pandemics and natural catastrophes. Legislators intentionally create loopholes in the law so that it may be expanded and precedents can be used to improve law enforcement. It is important to balance any discrepancies, redundancies, or abnormalities in the law, legislation, or statute through what is known as the "doctrine of harmonious construction" to reconcile the legislative disparities. This study examines the concept from several angles, including its development and evolution, its most defining characteristics, landmark cases, and a critical evaluation of the doctrine as a whole. This study seeks to analyse the rule of Harmonious Construction and determine its applicability in order to better comprehend its presence and significance in the legal system. The best way to shed light on the theory behind a rule of harmonious construction is to look at how it has been applied in actual successful and unsuccessful cases and analyse the lessons learned from those cases. This will help you clearly understand how legal ambiguities have been resolved.998 views -
The Responsibility of the President Director in the Event of Bad Credit in a State-Owned Bank in a Corruption Crime Case
Student at Faculty of Law, Universitas Sebelas Maret, Surakarta, IndonesiaPages 1787 - 1800The objective of this research is to present a dissertation argumentation that examines the accountability of the managing director in a state-owned enterprise bank in Indonesia in the context of a corruption case involving bad credit. The present study is characterised as a normative legal research. The findings indicate that the role of the President Director is crucial in preserving the integrity and public confidence in state-owned banks when confronted with instances of bad debts resulting from corrupt activities. The role of the President Director is crucial in the prevention and mitigation of corrupt lending practises. This is achieved through the implementation of stringent policies and procedures, the establishment of effective internal oversight and control mechanisms, and the promotion of heightened awareness regarding the significance of integrity and adherence to legal requirements. Furthermore, it is imperative for the President Director to be adequately prepared to assume legal accountability in cases where corrupt activities committed by bank personnel lead to financial losses. By implementing suitable strategies, the President Director can effectively mitigate and diminish the likelihood of corrupt lending practises in state-owned banks, thereby upholding public trust in the integrity of the national banking system.1,019 views -
Nagpur City: Road Vehicles and Air Pollution
Research Scholar at Vasantrao Naik Government Institute of Arts and Social Sciences, Nagpur, Maharashtra, IndiaPages 1801 - 1811Various types of vehicles are used in the urban areas of India. The continuous increase of vehicles is creating new problems for traffic and road transport every day. These problems are traffic congestion, air and noise pollution, accidents; travel Time delays etc. have manifested in the form of continuous increase. Increased fuel consumption at traffic signal intersections increases in journey length, increasing attractiveness of personal vehicles for travel. Vehicle use and increasing number of vehicles per household changes traffic patterns. Air pollution is increasing due to smoke. Therefore, in this research essay, the road vehicles of Nagpur city and the air pollution caused by it have been studied.1,179 views -
Pages 1812 - 1820GST stands for Goods and Services Tax, which is a value-added tax that was introduced in India on July 1, 2017. GST is a comprehensive indirect tax levied on the supply of goods and services across the country. It replaced multiple indirect taxes like Excise Duty, Service Tax, VAT, and others, that were levied by both the Central and State Governments. Objective of the study is to analyse the impact of GST on electronic goods. For the purpose of this research, a descriptive method was followed and the data was collected through personal survey analysis. The SPSS software by IBM was used to calculate the descriptive statistics. The sample size was 218. Dependent variables increase in cost of products post GST, most striking features of GST and exemption of GST for alcohol and Independent variables are Gender, Marital Status, Educational Qualification, and graphical representations such as graphs were used. The findings are that the GST has a positive impact on the market of electronic goods as it has a less complicated process than that of previous tax systems. This encourages the small scale business to enter into the market. Introduction of this idea of one nation and one tax which reduces a lot of complications in payment of taxes. So it is suggested to find the flaws in improving the present tax system for the development of the economy.1,204 views
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Pages 1821 - 1837This research paper embarks on an in-depth exploration of the symbiotic relationship between the Constitution of India and the practical attainment of accessible justice. In a diverse and dynamic nation like India, the pursuit of justice is a foundational tenet, and ensuring its accessibility to all citizens is imperative. Central to the study is the analysis of the exigency for specialized provisions that facilitate unobstructed access to justice. By meticulously scrutinizing the constitutional landscape, the paper underscores the pivotal role of these provisions in translating constitutional ideals into tangible realities. The research delves into a panorama of constitutional provisions that explicitly and implicitly support the fundamental right to access justice, shedding light on their interpretative nuances and practical implications. Moreover, the study sheds light on the synergistic interplay between constitutional guarantees and the dynamic judicial apparatus. Through a meticulous examination of landmark judicial pronouncements, precedents, and evolving jurisprudential trends, the paper underscores how the judiciary assumes an instrumental role in shaping and fortifying the access to justice paradigm. In navigating this intricate terrain, the paper explores not only the challenges and gaps that hinder seamless access to justice but also underscores the commendable advancements that have been made. It critically assesses the contemporary dimensions of accessibility in light of technological advancements, procedural innovations, and the evolution of legal aid mechanisms.899 views
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Drawbacks of the Criminal Procedure (Identification) Act, 2022
Student at Jindal Global Law School, IndiaPages 1838 - 1843This research paper discusses how “The Criminal Procedure (Identification) Act 2022” is in consonance with the crime control model more than the due process model. It will also cover how the crime control model is not the most ideal of all and how the reliance on this model should be done hand in hand with the due process model for the suppression of crimes. According to Packer, "if the Crime Control Model looks like an assembly line, the Due Process Model looks like an obstacle course." Whereas one model reflects a lot of discretion given to police officers in order to discharge justice by finding criminals, the other model also aims to find criminals but through various checks in the process that are referred to as obstacles in the course. They represent two opposing values for the administration of criminal justice in the country. For the criminal system to function properly, both processes must be in sync with one another, and only one of them will cause problems. The given new act employs only the crime control model, with no regard for the due process model, making it highly arbitrary in nature. According to the above analysis, the due process model is preferred in India over the crime control model because it provides a more formal structure and the police do not have any discretionary power, which could lead to harassment of the accused. As a result, in order for the new act to be effective without jeopardising any individual's rights, it would need to incorporate elements of the due process model as well.967 views -
Protection of Animal Life: The Indian Judiciary and the Enshrinement of Animal Rights
Assistant Professor at Lloyd Law College, Greater Noida, IndiaPages 1844 - 1861This research paper delves into the evolving treatment of animals and the corresponding legal framework for animal protection in India. With Article 51A (g) of the Constitution highlighting the obligation to safeguard the natural environment and wildlife, the Indian judiciary has played a crucial role in protecting animals' rights. In 2014, the Supreme Court declared that animals possess the same right to life and freedom as humans, emphasizing the need for humane treatment and consideration of their well-being. The "Prevention of Cruelty to Animals Act, 1960" stands as a significant piece of legislation protecting animals from abuse, restricting cruel performances and establishing animal welfare boards. Over time, the Indian government has updated this Act to impose harsher punishments for animal abuse, reflecting a growing concern for animal welfare. While India boasts a comprehensive legislative system for animal welfare, some challenges persist. The judiciary has recently adopted a more compassionate approach, but a lack of uniform and effective central laws remains a concern. Animals' best interests are often disregarded, and cruel practices continue in activities like farming and scientific experimentation. Despite acknowledging the need for ecological balance and animal protection, current regulations fall short in comparison to Human-Centric Law in terms of adoption and implementation. Animals are often viewed as mere possessions, lacking legal personhood. As a result, there is a call for further research to understand and address the changes needed in animal protection laws to ensure their comprehensive and equitable safeguarding.1,186 views -
Pages 1862 - 1876Childhood emotional abuse is a prevalent and damaging form of maltreatment that can have profound consequences for a child's cognitive ability and overall development. Studies have consistently shown that children who experience emotional abuse are at a heightened risk of cognitive impairment. These impairments manifest in difficulties with concentration, problem-solving, and information processing. Abuse on an emotional level stunts the development of certain executive processes, including working memory and flexibility of thought, both of which are essential for making sound decisions and effectively regulating one's own behaviour. This paper provides a concise overview of the consequences of childhood emotional abuse, highlighting its impact on cognitive functioning and overall development. In addition, this paper also highlights the crucial role of psychologists in helping emotionally abused children. In this paper, I have also discussed how the consequences of childhood emotional abuse extend beyond cognitive ability and affect the child's overall development. Emotional abuse disrupts emotional regulation, leading to low self-esteem, anxiety, and depression. These emotional difficulties further hinder cognitive functioning and impede the child's holistic development.1,290 views
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Pages 1877 - 1882This article investigates Instagram's role in sustaining consumerism and maximalism in the present day consumer culture. It investigates how the platform's algorithms, influencer marketing tactics, and visually appealing material affect users' propensity for excessive consumption. Further, three instances of abuse of Instagram Reels to promote excessive buying are highlighted. The article also provides suggestions for consumers to adopt a more thoughtful and responsible approach to consumption to overcome the excessive buying pressures.1,308 views
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Settlement of Criminal Defamation in the Digital Realm through Restorative Justice Efforts
Lecturer at Universitas Slamet Riyadi, Surakarta, IndonesiaPages 1883 - 1892The restorative justice approach focuses on an approach that creates conditions to realise justice and balance for the perpetrators and victims of the crime itself. In the crime of defamation through the digital realm, the application of the ultimum remedium principle needs to be maximised, because basically the loss lies in reputation, so that with the restorative justice approach can be formulated compensation suffered by the victim with the restoration of the victim's condition as before. This research is a normative research using legal and non-legal materials as data sources. The approaches taken are conceptual approach and statutory approach. To find out how Indonesian positive law regulates restorative justice, a comprehensive study of the relevant regulations is needed. The results of this research confirm that restorative justice can balance the protection of human dignity and freedom of opinion or prevent the criminalisation of defamation cases and does not always lead to the criminalisation of the perpetrator, especially in defamation cases.586 views -
Protection of Exotic Species under Indian Law: A Critical Appraisal of the Wild Life (Protection) Act, 1972
LL.M. Student at TERI School of Advanced Studies, New Delhi, IndiaPages 1893 - 1902Through this paper, the author has attempted to analyse the legislative and regulatory framework regarding the protection of exotic species of animals being traded in India. The paper identifies the lacunae in the Wild Life (Protection) Act of 1972 (“WLPA”) and the highlights the need to harmonise the national legislation with the international regulatory framework, that is, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). In recent times, various schemes and developmental actions have been taken by the Indian government that indicates a positive and secure future for the exotic animal species being traded in India. In light of these developments, this paper also puts forth a few suggestions to fill in the gaps in domestic law in order to ensure wider applicability of the WLPA and subsequently greater protection to the exotic animal species in India.823 views -
A Study on Psychology of Cyber Terrorists and How Cyber Terrorism Pose a threat to the National Security with special reference to Women’s Safety
Student at Saveetha School of Law, IndiaPages 1903 - 1919Cyber terrorism is a growing threat to national security, and understanding the psychology of cyber terrorists is critical to developing effective strategies for preventing and countering their activities. This paper reviews the various factors that may contribute to the mindset of cyber terrorists, including political ideology, group identity, revenge, power and control, attention-seeking behavior, and psychological disorders. By understanding the motivations and beliefs of cyber terrorists, policymakers and law enforcement agencies can develop targeted interventions and strategies to prevent cyber attacks and disrupt the networks that support them. Some of the current issues in cyber terrorism include ransomware attacks , social engineering attacks , cyber attacks on critical infrastructure, attacks on the internet of things. As technology continues to improve and evolve , new threats are likely to emerge , making it important for organizations to stay vigilant and take steps to protect their systems and data . The paper also examines the ways in which cyber terrorism poses a threat to national security, including its potential impact on critical infrastructure, the economy, and public safety. The main objectives of this paper is to understand the psychology of cyber terrorists, to evaluate current cyber laws and their efficiency and to observe ways in which they pose a threat to national security. Understanding the psychology of cyber terrorists can be useful in developing strategies to prevent and counter their activities. For example, interventions that address underlying psychological issues or that offer alternative means of achieving political or social goals may be effective in reducing the likelihood of cyber attacks. Finally, the paper explores the legal and ethical implications of combating cyber terrorism, highlighting the need for international cooperation and respect for human rights in efforts to prevent and punish these crimes. A doctrinal method of research is carried on and the resources are taken from books and journals . Overall, this paper provides a comprehensive overview of the psychology of cyber terrorists and the ways in which cyber terrorism poses a threat to national security, offering insights and recommendations for addressing this growing threat.933 views -
The Study on Reality of Women Workers under Maternity Benefit Act
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science(SIMATS), Chennai, India.Pages 1920 - 1929The first citation of Motherliness Benefits or Motherliness Leave in the Government of India occurs in 1928 in the Bombay Presidency of British India.Dr. Babasaheb Ambedkar was a strong supporter and propagator of the idea of Motherliness Benefits as apparent from our review of the literature. He was seen defending the idea of Maternity Benefits for the Bombaylegislature.The original approach of India towards motherliness benefits was to give benefits to women engaged in manufacturer only. It's apparent that the act aimed to guard the health and safety of women working in the also formal sector. It gave no regard to women in husbandry or other informal sectors of society with the conclusion that, they aren't subject to health hazards in given occupations. It also concentrated primarily on antenatal care of the mama rather than child care and acceptable attention for the original days of thechild.An empirical system was followed and the data was collected through online check analysis. The SPSS software by IBM was used to calculate the descriptive statistics. The sample size was 200. Dependent variables are the Pregnant women are getting pay off leave during their motherliness, Pregnant women are getting advantaged under the motherliness benefit Act, gestation working women are facing the problem, The working women are getting health Benefits through motherliness benefit act, Independent variables are Age, gender, Educational Qualification colorful tools like Bar graph were used.833 views -
Legality of the Live-In Relationship in India
Advocate at Hon’ble Odisha High Court, IndiaPages 1930 - 1941The live in relationship is an arrangement in which two people decided to live together under the same roof without getting married. It’s a conduct of long –term relationship which is similar to marriage. The term live in relationship is the kind of relationship which is free from commitments and responsibilities unlikely traditional marriage. It is not recognized by the Hindu marriage Act, 1955 or by any other statutory law. The supreme court of India recognized live in relationship as legal relationship and is not considered as prohibited relationship.639 views -
Sui Generis Protection to the Plant Varieties, Farmer’s Rights v. Breeder’s Rights: An International Perspective
Student at Shambhunath Institute of Law, IndiaPages 1942 - 1952The research paper talks about the sui generis system with reference to the farmer’s rights and breeder’s rights and further to this I had also tried to show the international aspect of the same. Firstly, it gives a brief introduction about the sui generis system that how it got evolved, it’s meaning and I have disused about the protection of sui generis plant varieties. Sui generis is now a system which guards the unique plants made by the breeder’s and for this the Intellectual Property Rights plays a very major role. So in this research paper I had also written that how the Intellectual Property Rights helped sui generis system to get evolved and to get strong. The research paper has a brief history about the International conventions by which it has slowly and gradually got developed. Later in this research paper I have discussed about the situation in India and have related to the different foreign countries like USA, U.K and more. At the end the manuscript talks about the Gala rose controversy and I have tried to explain that how sui generis system also protects the traditional knowledge.832 views -
An Analysis of Robbery and Dacoity with reference to Judicial Interpretation
Student at Symbiosis Law School, Hyderabad, IndiaPages 1953 - 1965This research paper delves into the legal concepts of robbery and dacoity within the framework of the Indian Penal Code. It provides a comprehensive exploration of the definitions, essential ingredients, and distinguishing characteristics of these criminal offenses. The paper also delves into the intricate relationships between robbery, theft, and extortion, highlighting the conditions under which theft evolves into robbery. It further investigates the occurrence of murder in the context of dacoity, discussing the legal implications and consequences. Through a meticulous analysis of various case laws and illustrative examples, the paper elucidates the key elements that differentiate robbery from dacoity. It examines landmark judgments to demonstrate how the law has evolved over time in response to different scenarios involving these offenses. The research scrutinizes the punishments prescribed for robbery and dacoity, considering variations based on specific circumstances and timeframes. The study highlights the significance of understanding the legal nuances and distinctions between these offenses to ensure just and equitable legal outcomes. By employing a doctrinal research methodology and drawing on existing laws, articles, journals, and case laws, the paper offers a comprehensive examination of the topics at hand. Ultimately, the research aims to contribute to a deeper comprehension of robbery and dacoity in legal contexts, shedding light on the intricate interpretations and applications of the law.1,193 views -
In the present era of rapid development in science and technology, upshot commercial and industrial growth, the repeated environment violation with scant regard to ecological balance. In the mounting environmental violations, the well-being of the people is at risk. The conservation, protection and improvement of the environment are the major universal issues. This paper focuses on how public participation is important for the improvement of Indian environmental law, what is the role of public towards the environment and what efforts are made at the international level to secure a right to participation in environmental decision making for an Individual. Public participation can be described as the real involvement of all social actors (Public) in social and political decision-making methods that potentially affect the environment in which they live and work. It is every citizen’s duty to understand the necessity of preserving purity of environment for the current and future generations. The paper mainly concerns with the constitutional and legislative measures available for the public to participate in Indian environment law and how the creative role of Indian judiciary has been significant and laudable. Public participation in environmental decision making is an interaction between the government and civil society, including processes of the government and civil society to open dialogue, establish partnerships and share information. The paper also describes the use of EIA (Environment Impact assessment) as a tool of Indian Environment law and importance of public involvement during it.756 views
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The M/V “Norstar” Case (Panama v. Italy): Clarifying Freedom of Navigation and Exclusive Flag State Jurisdiction
Lecturer at Department of Law, University of Jaffna, Sri LankaPages 1974 - 1983The M/V Norstar (Panama v. Italy) case, which was decided by the International Tribunal for the Law of the Sea (ITLOS) on April 10, 2019, deals with the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS), specifically concerning the principle of freedom of navigation in the high seas. This case analysis explores the doctrinal importance of the ruling, particularly in providing clarity on the scope of freedom of navigation and the principle of exclusive flag state jurisdiction.1,216 views -
Gender Inequality and Indian Culture
Assistant Professor at National Law University Odisha, IndiaPages 1984 - 1991Gender inequality has adverse impacts on development goals and reduces economic growth. Religion has been one of the most significant sources of these cultural definitions of gender roles and religion has been a potent legitimization of these distinctions. The paper concentrates on how culture aids in gender inequalities. Inequalities in gender roles are reflected in a number of cultural practices in India. Women play an important role in the cultural practices of India which pertain to women's mobility, and control of sexuality, for example, child marriage, purdah, sati, and the social death of widows. Moreover, violence against women in the family cuts across all religious and caste groups in India and has its roots in cultural attitudes of male superiority. The impact and influence of patriarchy on gender discrimination is wide-ranging. Additionally, the aim is to explore the implications of the glass ceiling on women's professional opportunities. Ultimately, the paper contends that culture cannot serve as a justification for gender discrimination; rather, it represents an exertion of power that must be constantly re-evaluated in response to evolving social contexts.930 views -
Is the Right to Freedom of Speech and Expression Violating in India?
Student at KIIT School of Law, KIIT University, IndiaPages 1992 - 1996In this paper I tried to summarise about one of the fundamental right which is violating these days often. Article 19 of constitution talks about right to freedom of speech and expression under which right to freedom of press is also interpreted. “In "Indian Express Newspapers (Bombay) Private Ltd. v. Union of India" this case it was established after observing that the term “freedom of press” is not used under Article 19 in its language but it is contained in the form of its essence within Article 19(1)(a) of the Constitution of India. This paper also mentions how the government power supressing media and press and how rights of common people are infringing by being illegally spied by government, their personal data is leaking through malicious spyware Pegasus. Detention of people who are posting against powerful people, and all these activities are shaking the 4th pillar of democracy. Reasonable restrictions on fundamental rights are mentioned but it shouldn’t be used to exploit nation and citizens.847 views -
Securing Telemedicine Platforms: Identifying and Mitigating Security Vulnerabilities and Privacy Risks in Virtual Healthcare Services
Student at IMS, Noida, IndiaPages 1997 - 2016The rapid expansion of telemedicine during the COVID-19 pandemic has brought significant benefits to healthcare accessibility and delivery. However, the widespread adoption of telemedicine platforms has also raised concerns about potential security vulnerabilities and privacy risks. This research aims to investigate and analyze the security weaknesses in telemedicine platforms, along with the associated privacy threats, to identify areas for improvement. By conducting in-depth assessments of existing telemedicine systems, this study aims to propose effective mitigation strategies that can enhance the overall security and privacy of virtual healthcare services.746 views -
Pages 2017 - 2023Waste management in India is governed by a variety of laws and regulations at the national, state, and local levels. The waste management laws in India provide a complete framework for waste management practices and handle a variety of waste management issues, such as solid waste, plastic trash, hazardous waste, electronic waste, and others. However, the efficiency and adequacy of these regulations in practice might vary depending on several circumstances. Waste management rules must be properly implemented and enforced to be effective. Waste management rules in India are enforced differently in different states and municipalities. Due to insufficient resources, a lack of knowledge, or poor monitoring methods, enforcement may be lacking in some places. Improving enforcement procedures can assist guarantee that waste management rules are followed. With India's huge and rising population, solving waste management issues is critical for long-term growth. India can safeguard the environment, promote public health, save resources, generate economic opportunities, and contribute to a more sustainable and liveable future by prioritizing waste management and implementing holistic methods. The Solid Waste Management Rules and the Plastic Waste Management Rules in India strive to solve these difficulties and encourage sustainable waste management practices. However, implementation efficacy, infrastructure development, public awareness, and resource availability may all be enhanced. Best practices from other nations can help inform and improve waste management policies in India. Waste management in India poses a number of public health issues due to insufficient infrastructure, poor waste management practices, and a lack of knowledge. India requires a multifaceted strategy. In this article, the researcher tried to identify the key issues related to waste management and their impact on public health in India843 views
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The Justification of Merge Commercial Arbitration in the Conceptual Domain
Student at School of Law, Nankai University, Tianjin, ChinaPages 2024 - 2058Arbitration is a dispute resolution mechanism where autonomy is the essence and efficiency is the comparative advantage, and where fairness is not the primary consideration, and judicial review is an important way to maintain the fairness of the award. However, in our legal context, different standards are applied to the setting aside of international and domestic commercial arbitration awards, resulting in an "inverse of fairness and efficiency". In order to resolve this disagreement, the viable solution is to improve the efficiency of domestic commercial arbitration. Specifically, the distinction between international and domestic commercial arbitration should be removed, and the relevant regime for international commercial arbitration should be applied to domestic commercial arbitration. This is a possible way to change the definition of international commercial arbitration because of the similarity in nature between international and domestic commercial arbitration, and because the current theoretical research on the subject is unclear and the definitions are confusing. In addition, the current economic development also calls for the efficiency of domestic commercial arbitration. What is more, the convergence of commercial arbitration has been in place since the New York Convention, which transformed the issue of "internationality" into one of "nationality". The Arbitration Law (Draft) provides a good institutional guarantee for the enforcement and supervision of commercial arbitration after the merger.608 views -
The Evolution of Modern Family: A Sociological Investigation into Changing Family Dynamics
Pursued MA (Sociology) in 2005 from MDPG Degree College, Pratapgarh, Uttar Pradesh, IndiaPages 2059 - 2068This research paper delves into a comprehensive doctrinal examination of the evolution of the modern family within the Indian context. Focused on the legal aspects and frameworks governing family dynamics, this study scrutinizes the transformations in family structures and relationships brought about by changing societal norms, economic shifts, and legal reforms. Through an in-depth analysis of relevant statutes, case law, and legal literature, this paper explores the nuances of legal definitions of family, marriage, adoption, inheritance, and other pertinent areas. By tracing the legislative amendments that have addressed the evolving needs of contemporary families, this research elucidates the Indian legal system's response to these shifts. The study ultimately contributes to the jurisprudential understanding of family law's adaptation to societal change, offering insights into the ways in which legal doctrines have evolved to reflect and regulate the transformed family landscape in India.1,044 views -
The Indian Rohingya Question: A Study on the Legal Position of Rohingya Refugees in India
Student at Chottu Ram College Sonipat, IndiaPages 2069 - 2078With around 40,000 Rohingya Muslim refugees arriving in India amid the persecution by the primarily Buddhist state of Myanmar, the Indian government has been pretty non-committal to providing any relief to the same. The government has like a pendulum swung between providing these individuals with housing and other amenities at one end, to ensuring their deportation at the other end. The Supreme Court has also been unable to grant any relief to these individuals because of no citizenship provisions that might aid these individuals. Their status of illegal migrants makes the court adjudge them as being bound for deportation from India. The non-signatory status of the Indian government to the international convention and protocol on refugees means that India is not bound to treat these refugees at par with other refugees that it has decided to take in through the CAA of 2019. India considers these refugees to be a threat in terms of demography and security. This has led to them leading their lives and future under the cloud of uncertainty. The Indian state would still have to ensure their basic right to life with dignity even if the individuals are not citizens of the country. India also can’t escape the principle of non-refoulement and decide to just deport them back to a persecuting regime. In such a state, India would have to utilise its diplomatic and geo-political strength in order to ensure that Myanmar stops with the persecution of the said group. At the same time, India would have to ensure that these individuals are not sent back devoid of their dignity and with uncertainty over their lives.838 views -
An Analysis on Trial by Media
LL.M. Student at Government Law College, Ernakulam, IndiaPages 2079 - 2087Trial by media is a term that has gained popularity in recent decades to describe the impact of television and print media coverage on a case by an attempt made by the media ,to hold the accused guilty even before his trial and regardless of any verdict in a court of law. In the past few years, we have seen a sharp increase in media influence on the process of access to justice in a wide range of instances involving corruption, rape, murder, sexual harassment, and terrorist operations, among other things. Media activism places a covert pressure on the courts to provide justice to victims who might interfere with the trial proceedings, bias the accused, and the accused's ability to prove his innocence. To find the truth, maintain democratic values, and address social, political, and economic issues are all tasks shared by the judiciary and media. This paper is a modest attempt to examine the necessity for media engagement and the critical role it plays in promoting justice in society.885 views -
Critical Analysis of Film Censorship in India
Student at Vivekananda Institute of Professional Studies, IndiaPages 2088 - 2098This research paper presents a comprehensive critical analysis of the film censorship landscape in India. Film censorship has long been a subject of controversy, with its implications on artistic freedom, cultural expression, and societal values. The objective of this study is to analyse the evolution, processes, and effects of film censorship in India, shedding light on its historical context, underlying principles, and contemporary challenges. It also clearly outlines the historical background, legislative changes, and the role of the Central Board of Film Certification (CBFC). The paper discusses the categories of film certification and the CBFC's authority to make decisions regarding film scenes and even entire films. Furthermore, this analysis delves into the complexities and controversies surrounding film censorship. This paper highlights the potential risks of allowing a few individuals to decide what is suitable for public consumption in a medium as interpretive as cinema. This paper explores the recent Cinematograph amendment bill 2023 along with its multifaceted repercussions for the film industry while also offering valuable insights into the intricate relationship between creative expression, cultural norms, and governance. It calls for a balanced approach that upholds artistic freedom while accounting for the diverse perspectives that contribute to the rich tapestry of Indian society.1,650 views -
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: A Decade of Exclusion
Student at National Law University, Delhi, IndiaPages 2099 - 2112The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act was passed in 2013 to eradicate the practice of manual scavenging, which is a form of forced labour imposed on the members of the lowest caste in the hierarchical caste system in India.. An examination of the Act a decade later exposes its exclusionary nature. The rationale behind the framing of the 2013 act is inherently problematic because it imposes homogeneity on a group that is vastly diverse. The act assumes that the typical manual scavenger is a male Hindu Dalit who is engaged in the cleaning of sewers and dry latrines. This assumption pervades the provisions of the act, making it exclusionary towards women, casual manual scavengers who are not employed regularly or on contract-basis, Christian and Muslim Dalits who are engaged in manual scavenging, people employed to clean community and public toilets, schools, households etc who come in contact with faeces, and former manual scavengers who are not successfully rehabilitated. This is because of the restrictive definition, lack of gender-neutral pronouns and the exceptions provided in the act. The research seeks to find out what the act’s idea and vision of a manual scavenger is, and thereby prove that the vision is distorted and decontextualized.1,030 views -
Harmonizing Values and Laws: The Socio-Legal Evolution of Same-Sex Marriage in India
Student at ICFAI Law School, Hyderabad, IndiaPages 2113 - 2137The discourse surrounding same-sex marriage has emerged as a global conversation, reverberating across diverse societies, and India's landscape is no exception. While many nations have ventured into legalizing same-sex marriage, India's socio-legal milieu presents a nuanced narrative. This research embarks on an intricate journey, aiming to comprehensively analyze the socio-legal dynamics enveloping the domain of same-sex marriage within India. The core purpose of this study is to dissect the multifaceted factors that contribute to the dynamic perception and reception of same-sex marriage in the Indian context. Delving deep into history, culture, and legal frameworks, the research scrutinizes the intricate interplay between these dimensions to decipher the complex attitudes and stances toward same-sex unions. Marriage transcends individual privacy due to its legal implications, and its recognition involves more than a private matter between two individuals. It holds substantial legal and statutory consequences under various legislative enactments. The definition of marriage in India's statutory and personal law systems remains confined to unions between biological men and women, explicitly reflected in the use of terms like "husband," "wife," "male," "female," "bride," "bridegroom," and more. This legal framework underscores that marriage is recognized as an institution solely between a biological man and woman, aligning with legislative intent. Consequently, the argument contends against seeking a court's intervention to alter this established legislative framework. As India continues to navigate this complex terrain, it becomes crucial to foster open dialogues that consider both cultural roots and the evolving aspirations of a progressive society.1,153 views -
Pages 2138 - 2147This research paper examines the pivotal role of mediation in resolving complex maritime disputes, offering insights into its benefits, limitations, and a comparative analysis with arbitration. With maritime disputes growing in complexity, mediation emerges as a cooperative alternative to traditional litigation. Through analysis of its advantages, such as relationship preservation and cost-effectiveness, mediation’s suitability for intricate maritime conflicts becomes evident. However, challenges including power dynamics and enforceability limitations are also explored. Comparing mediation with arbitration underscores their distinct strengths: mediation fosters consensus, while arbitration offers binding decisions backed by enforceability mechanisms. Factors influencing the choice between the two methods, such as dispute nature, cost considerations, and party preferences, further shape maritime stakeholders’ strategic decisions. In conclusion, mediation’s capacity to address intricate maritime conflicts while preserving relationships makes it a valuable addition to the toolkit of maritime dispute resolution, promoting harmonious solutions in the ever-evolving landscape of global trade.942 views
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Asymmetric Neglect of Humanitarian Aid in Asian Countries
Student at Institute of Law, Nirma University, IndiaPages 2148 - 2158This paper explores the diverse nature of Asia, encompassing a wide array of cultural, religious, and personal identity choices, and linguistic communities. Such diversity often coexists in an environment of tolerance or conflict. However, the representation of Asia in First World and influential countries has been disproportionately asymmetric over an extended period, leading to contemporary issues of underrepresentation, misrepresentation, and dissemination of misinformation. Consequently, this biased portrayal fosters harmful and prejudiced attitudes of bias, neglect, and intolerance among global audiences. The conventional media depiction of "Asian" individuals predominantly hailing from South-Eastern nations results in the neglect of major geopolitical countries like India, Pakistan, Kazakhstan, Israel, etc., in the broader "Asian" narrative. The correlation between inadequate representation and, in extreme cases, improper representation, creates a sense of indifference towards these nations. This indifference can manifest as insensitive behavior, particularly concerning humanitarian aid, thereby exacerbating crises and even leading to victim-blaming for their inability to maintain higher living standards, positive development, and education. The article focuses on the promotion of apathetic sentiments and the exclusion of Central and Southern Asian countries from the broader "Asian" narrative. As a result, these nations are deprived of global recognition and humanitarian support. Despite numerous treaties and the signing of conventions, politics and monetary benefits take priority over providing security to war victims. This article advocates for a comprehensive evaluation and correction of the current distortions in media representations of the varied nations and peoples of Asia, emphasizing the need to address the consequences of biased depictions. Furthermore, there is an immediate need to address the neglected war crimes and humanitarian crises in multiple Asian countries and the lack of enforceability of International Organisations and their conventions.910 views -
Pages 2159 - 2168This paper explores the symbiotic relationship between Consumer Financial Protection (CFP) and Banking Regulations in the Indian context. It highlights the significance of CFP in safeguarding consumer rights and promoting industry growth. The study navigates the CFP framework, delves into case studies on consumer vulnerabilities and unfair practices, and examines the regulatory impact on banks. It emphasizes the balance between consumer protection and industry viability, showcasing efforts to self-regulate and promote trust. The paper underscores the importance of upholding integrity, transparency, and equitable practices in India's evolving financial landscape.798 views
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Parliamentary Motions: An Overview with special reference to No Confidence Motion
Principal at Shri Vaishnav Institute of Law, Indore, IndiaPages 2169 - 2177Motion, in parliamentary procedure, is called any formal matter placed before the House for discussion. The House takes various decisions and expresses its opinion on various matters of public importance. Any member can put any suggestion before the House in the form of a motion. In which his opinion or wish is given. If the house accepts it, it becomes the opinion or will of the whole house. Broadly speaking, a 'motion' is brought before the House for its decision. Motions are in fact the basis of parliamentary proceedings. Any matter of public importance can be the subject of a motion. Motions can be moved by different members for different purposes. Motions can be moved by ministers and also by private members. Motions moved by private members usually aim to elicit the government's opinion or views on a matter. In parliamentary procedure, a motion of no confidence is a parliamentary motion, traditionally passed by the opposition in Parliament to defeat or weaken a government. This paper will throw light on various motions which are passed in the parliament especially No Confidence Motion.914 views -
Evolving Jurisprudence of Freedom as a Right in the Modern Era
Student at Government Law College, Thrissur, IndiaPages 2178 - 2188Surrogacy is a scientific medical technology that also encompasses social ethics, economics, and the law, it is nonetheless restricted by surrogacy laws. The Hon'ble Supreme Court of India recently had the opportunity to address two key reproductive rights issues relating to surrogacy and reproductive freedom. The need for surrogacy law is important because the reproductive freedom entailed by surrogacy not only falls under the area of personal freedom but also is a fundamental human right. The National People's Congress and its standing committee can write laws to offer legal direction for surrogacy, and in the meantime, the law should protect the legal rights of the surrogate mother, surrogate child, and surrogacy client. According to the Supreme Court, a woman has the right under Article 21 to make her own reproductive decisions, but the Medical Termination of Pregnancy Act places the decision to have an abortion in the hands of medical professionals. Numerous privacy issues are connected to the surrogacy procedure. The paper aims to provide and highlight the issue that ‘whether surrogacy comes under the freedom of women and reproductive choice and its scope.’917 views -
Inequality in Educational Attainment: Urban-Rural Comparison in the Indian Context
Faculty Member at Department of Economics, Syamaprasad College, Kolkata, West Bengal, IndiaPages 2189 - 2208The article tries to compare urban and rural literacy of fifteen selected Indian states during 1981 - 2011 and explores the instruments which can reduce the disparity in urban and rural educational attainment. The study constructs the Sopher’s urban-rural differential literacy index to analyze the trends of literacy disparity across fifteen states in India over time. Although literacy disparity has decreased over time, Sopher’s index shows that the states of Andhra Pradesh, Madhya Pradesh, Gujarat, Odisha, Maharashtra and even Karnataka faced high inequality in education between urban and rural India in 2011. Additionally, the Fixed Effect panel data regression technique has been applied in the study to identify the factors which influence urban-rural inequality in education. The model shows that the following factors can reduce literacy disparity between urban and rural areas of India: low fertility rate in rural women, higher percentages of rural females marrying after the age of 21 years, mother’s educational attainment and their labour force participation rate in rural areas.968 views -
The Need for a Separate Refugee Law in India
Student at O.P. Jindal Global University, IndiaPages 2209 - 2216The refugee issue has been prevailing in India for a very long time as people seeking protection view it as an attractive destination because of it being a stable democracy. Even though this issue has been around for a while, there have been few attempts to create a special law for refugees that would set them apart from other foreigners who visit India for tourism or to look for employment. This article sheds light on the consequences of a separate refugee law that will impact both citizens and refugees as well as a critique of the present Indian law. The article contains case laws, and a special focus is made on the Rohingya issue to bring to light the severe conditions and an urgent need for better-structured refugee law. Before discussing India's case-by-case approach and criticizing it, specific tests under international law that determine whether a person is a refugee are also highlighted.722 views -
Establishment of High Court Act 1861
Student at Guru Ghasi Das University, IndiaPages 2217 - 2222The rule of “The East India Company” ended in 1857, after the first war of Independence. It was overthrown by the direct rule of “The British Crown in 1858”. High Courts in India have a long history dating back to the British Raj. The British arrived in India as traders, but they quickly established a footing on the Indian mainland and got actively involved in India’s governance. There were two established judicial systems for dispensing justice in the three Presidency towns of “Calcutta, Madras, and Bombay”, namely the Supreme Court and the “Sadar Diwani” and “Sadar Nizamat Adalat”. This type of judicial proceedings was uncomfortable for the people who lived in the Presidency. In reality, it frequently clashed, resulting in contradictory outcomes. The British Parliament eventually settled this issue by passing the Indian High Courts Act in 1861. From the start, the Crown's valor assisted them in expanding its territorial control over the majority of Indian geographic locations, and this was a moment when the British were well enough on the question of power over India. As a result, they require an implemented control in which several inferior courts have their major courts inside the geographical bounds of their region. Prior to this legislation, the highest courts were solely at the central level, namely the Supreme Court in Calcutta. It was a problematic and complicated decision on the part of this subordinate court, thus there was an immediate need for a structure in which the primary courts are grouped into various sections. Changes in judiciary enacted under this legislation are abundantly visible in India's current judicial system. In order to construct an effective legal system over India's large geography, a suitable hierarchy of courts was required. There was an urgent need for courts at various territorial units that might act in the same capacity as the Supreme Court by monitoring districts and inferior courts.2,260 views -
Pages 2223 - 2226In order to ensure effectiveness in the governance of corporate affairs in a company/organisation, there must be absolute transparency in the overall affairs. In order to move towards such a goal, there is the need for strict policies and effective managers to ensure the transactions/affairs within the company or with outside organisations are transparent. To tackle the issue of whistle blowing, organisations would construct a mechanism which would ensure any fraud or illegal activity would be disclosed in an immediate manner. The organisation would in turn work towards resolving the issue. The absence of such system can lead to any person who had or has been employed by the involved organisation to whistle blow. Whistle blowing can involve an employee to disclose any illegal or corrupt business activity committed by the company to the public at large. The Whistle Blowers Protection Act, 2014 had been introduced by the Indian Government to ensure legislative protection is provided to the respective employees. However, there has been an ongoing debate on whether necessary inclusions must be made to the legislation as for example, the act does not protect whistle blowers from the private sector. It applies to complaints filed against public servants or government officials. This essay will shed light on the challenges faced by the employees with the existing framework.863 views
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The Lacunae in the Current Dispute Resolution Mechanism in SEBI
Student at Symbiosis Law School, IndiaPages 2227 - 2242In today's growing world, a strong and healthy capital market is vital to a country's financial structure as it encourages and acts as a reliable guide to corporate firms' financial position and performance. Thus, the capital market plays a vital role in the country's economy—India's securities and exchange board (SEBI). SEBI is a statutory body of a business organization that acts as a market regulatory which interns controls securities, market, and capital markets in India. Before SEBI came into existence, the regulatory authority had been in control of India's capital securities and exchanges. Before SEBI came into existence, the controller of capital issues was the regulatory authority and got statutory powers through the capital issue act 1947 The SEBI board is led by its own board of members and includes a separate chairman, full-time members, and part-time members. The chairman is chosen by the union government, and of the seven members, two are chosen by the finance ministry and one is chosen from the reserve bank of India (RBI). The remaining five members are chosen by the federal government. SEBI primarily works with stock exchanges, shareholder rights, and obtaining shareholder investment guarantees. For successful functioning of the capital market there is an need for the very effective dispute resolution mechanism in order emphasis on the customer disputes and securities market issues to be resolved in an efficient manner. As an alternative dispute resolution (ADR) mechanism for various agreements between regulated entities and their clients, SEBI is exploring the possibility. To provide investors and regulated entities with effective dispute resolution, the regulator says. Securities Exchange Board of India's Investor Grievance Redressal System (IGRS) is an online complaints redressal system launched to provide a fast and effective resolution of investor grievances. SEBI Complaints Redress System (SCORES): This provides a centralized platform for investors to resolve their complaints against listed companies and market intermediaries.853 views -
Misuse of Section 498-A, IPC: Judical Analysis From 2010 Onwards
Ph.D Scholar at Rajiv Gandhi National University of Law, Patiala, IndiaPages 2243 - 2255In the recent times we have seen a steep rise in false cases of sec 498A of the IPC. Which has ultimately questioned the legal validity of sec 498A of IPC and need to make amendments due to changing scenario in society. The marriage in India is considered as a sacred bond of two souls and is the divine social institution in society. But this social institution has gone a complete transformation in past few decades. Due to rise in dowry deaths in India govt added new provisions called 498A in Indian penal code. But in present times we have seen many misuse incidents of this sec by women to harsh their husbands and his family. This paper aims to see the other side of sec 498A i.e., the missuses of this provision by women and its impact on husband and his family.876 views -
Globalisation, Judges and New Trends of Constitutional Interpretation
Student at Central University of South Bihar, IndiaPages 2256 - 2263Law and society both are dynamic in nature, both shares an inherent characteristic to change with respect of time. Law and society do not exist independently, in fact law operates for and in the society; and it is influenced by the mores and attitudes of the society. Emerging perspectives in constitutional interpretation may include a focus on protecting individual rights, the role of international law and human rights standards, or a more holistic and contextual approach to interpreting constitutional provisions. Today, we are here from textualist approach to broad and liberal interpretation, from A.K. Gopalan case (1950) to Maneka Gandhi case (1973) to K.S. Puttaswamy case (2017). The last six to seven decades have seen a tremendous proliferation in the constitutional interpretation. As per Roscoe Pound’s observation, legal science should use comparative method as the “richest source of discovery in every empirical science.” The constitutional courts in India have used various means to figure out various issues into the Indian constitutional jurisprudence and developed the same in manifolds. Such means of constitutional interpretations are foreign laws, foreign judgements, international laws and etc. Apart from abovementioned means, globalisation opens new doors in pandora’s box of constitutional interpretations. Globalization has had a significant impact on the interpretation of the Indian Constitution. This article is going to sketches a typology of approaches to constitutional interpretation in the parlance of globalisation and its effects on the interpretation of constitution by the constitutional courts and also figure out new developments in constitutional interpretations.789 views -
Role of Judicial Activism in Societal Change: A Comprehensive Analysis
Student at Amity University Noida, IndiaPages 2264 - 2272Judicial activism, an evolving phenomenon within the realm of constitutional law, has garnered substantial attention due to its potential to reshape legal interpretations, influence policy decisions, and address pressing societal issues. Judicial activism, a concept deeply embedded in the legal and political discourse, refers to the tendency of judges to interpret the law in a way that promotes their own vision of justice and societal progress. This research paper delves into the multifaceted nature of judicial activism, discussing its various dimensions, implications, criticisms, and benefits. It also examines several landmark cases Judgements different jurisdictions that have exemplified instances of judicial activism, shaping legal and societal landscapes.823 views -
The Globalized Journey of Environmental Laws Summoning the Constitutional Perspective
Research Scholar at Raiganj University, IndiaPages 2273 - 2284The above-mentioned statements truly intimate the importance of the Environment and presage the entire humanity that the earth is a Common Heritage and not a specific nation's blessing. Environmental law is not a brand-new idea in India. Living in harmony with nature is the tenet of Indian civilization's long-standing environmental law. A type of conservation ethics that is passed down to us through our history, culture, religion, and Vedic philosophy can be seen in our worship of nature as a deity and our recognition of the earth as mother. We are aware of the fact that, every action has an equal and opposite reaction and accordingly, 'Development' plays a negative role in the ecosystem and has always had a deteriorated effect by making the environment polluted, drastically changing of climate and invitation to innumerable diseases in the name of human development. Many countries have awakened from the call to protect the environment by enacting several legislations and criminalizing certain acts which hamper the environment. The judiciary has also played an essential role in prefixing the situation, which directly and indirectly tried to destroy the essence of the ecosystem. Nevertheless, despite numerous declarations, treaties and legislations, the deterioration is unstoppable. We must not forget that 70% of India's Economy is based on agriculture; hence the development of the ecosystem is also sine qua non. The author of the said article has tried to bring out all the prominent problems which are continuously affecting the environment; at the same time, made some critical analysis with respect to poor implementation of laws and certified certain suggestions which, if implemented, will shield the ecosystem.694 views -
A Legal Analysis of the Contemporary Scenario of Medical Negligence and Malpractice in the Healthcare Centers of Bangladesh: A Way Forward
Lecturer at Department of Law at EXIM Bank Agricultural University Bangladesh (EBAUB), BangladeshPages 2285 - 2312The medical profession is considered noble because it plays a crucial role in preserving and improving human life. Undoubtedly, Bangladesh boasts many skilled, well-trained, and professional doctors. However, it is also true that a few doctors' inefficiency and reluctance to provide standard treatment have contributed to a significant number of incidents involving medical negligence, medical errors, and medical malpractice in the country. In our country, a significant portion of the population holds misconceptions about medical negligence and malpractice. Additionally, while Bangladesh does have some scattered legal provisions within different statutes to address medical negligence and malpractice, it is accurate to state that there is no specific codified law dedicated to the prevention of such incidents. The author used a qualitative approach to enrich the manuscript in an explorative way. It is expected that this article clarifies the concept of medical negligence and malpractice and further seeks to explore the relevant laws prevailing in Bangladesh with their major loopholes to provide legal redress to the victims of medical negligence and malpractice. It also aims to investigate the current scenario of medical negligence and malpractice in the healthcare centers of Bangladesh as well as show the diverse nature of the indescribable sufferings of the aggrieved patients from medical negligence and malpractice committed by physicians, health professionals such as nurses, ward boys, and other health assistants. Finally, at the end of the investigation, this article has made an effort to make some suggestions to the concerned authorities to prevent medical negligence and malpractice in Bangladesh and suggests potential reforms to enhance patient safety, accountability, and access to justice.1,546 views -
Pages 2313 - 2324This paper explores the evolving landscape of securities litigation in India, analyzing recent trends and their implications for investors, corporations, and legal practitioners. The abstract highlights the rise of class action suits, increased shareholder activism, technological advancements, and the impact of global regulatory dynamics on securities litigation. The analysis underscores the growing emphasis on investor protection, the challenges posed by algorithmic trading and cybersecurity breaches, and the need for harmonized approaches to cross-border transactions. The paper contributes to a deeper understanding of the changing contours of securities litigation and its role in shaping corporate governance and investor confidence in the Indian securities market.1,131 views
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A Study on the Prospects and Problems of Unorganised Sector in India
Student at KIIT University, IndiaPages 2325 - 2334The condition of unorganized sector labourers in India is closely tied to labor law. Despite the existence of various laws and regulations aimed at protecting workers' rights, labourers in the unorganized sector often do not receive these protections. Many unorganized sector workers are not covered by labor laws, as the laws are limited to the formal sector, leaving unorganized sector workers vulnerable to exploitation. Furthermore, labor laws in India are often poorly enforced, particularly in the unorganized sector, where workers may not be aware of their rights or have the resources to assert them. The lack of enforcement of labor laws, combined with the informal nature of the unorganized sector, makes it difficult for workers to organize and advocate for their rights. Overall, the condition of unorganized sector labourers in India remains challenging, with labor law playing a significant role in shaping their experiences. To improve the situation for these workers, there is a need for greater awareness of labor laws among unorganized sector workers, improved enforcement mechanisms, and a broader expansion of labor protections to cover all workers, regardless of their employment status.727 views -
Addressing Vulnerability: POCSO Act, Juvenile Justice Act, and Youth
Student at Amity Law School, Amity University Lucknow, Uttar Pradesh, IndiaPages 2335 - 2349Youth are often considered a vulnerable group in society, facing various risks and challenges that affect their well-being and development. In India, youth constitute about 28% of the total population and are exposed to multiple forms of violence, abuse, exploitation, and marginalization. To address these issues, the Indian government has enacted two key legislations: the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015. These acts aim to protect children and adolescents from sexual offences and other crimes and to provide them with care, protection, rehabilitation, and social reintegration. However, the implementation and effectiveness of these acts have been questioned by various stakeholders, including civil society organizations, academics, practitioners, and the youth themselves. This paper examines the strengths and limitations of the POCSO Act and the Juvenile Justice Act in addressing youth vulnerability in India. It adopts a mixed-methods approach, combining secondary data analysis, literature review, and primary data collection through interviews and focus group discussions with youth and experts. The paper argues that while the POCSO Act and the Juvenile Justice Act have some positive features and impacts, they also face several challenges and gaps that must be addressed. These include a lack of awareness and sensitization among youth and society; inadequate infrastructure and human resources; procedural delays and legal complexities; insufficient coordination and collaboration among stakeholders; lack of child-friendly and gender-sensitive approaches; and limited opportunities for youth participation and empowerment. The paper concludes by suggesting some recommendations for improving the implementation and outcomes of the POCSO Act and the Juvenile Justice Act, such as: enhancing awareness and education campaigns; strengthening capacity building and training; streamlining procedures and processes; fostering partnerships and networks; adopting holistic and inclusive models; and promoting youth agency and voice. The paper contributes to the existing literature on youth vulnerability in India by providing a comprehensive analysis of the POCSO Act and the Juvenile Justice Act from a youth perspective. It also offers insights for policymakers, practitioners, researchers, and youth themselves on how to address youth vulnerability more effectively through legal frameworks.978 views -
State of Maharashtra & Anr. vs. Madhukar Narayan Mardikar
Student at Bhimrao Ambedkar University, Lucknow. IndiaPages 2350 - 2353As the Constitution guarantees every woman the right to privacy, no one can invade it on their wish. She is equally entitled to protect her person if there is an attempt to violate it against her wish and has the equal protection of laws. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown overboard, and the only caution is to be maintained. The accused had worked as an Inspector of Police at the Bhiwandi Police Station in Thana District, Maharashtra. One night, alone in his uniform, he visited a woman's home at night and asked to have sex with her. Due to her screams and cries of rejection, her husband and other neighbors gathered outside and called the police station. When the defendant arrived at the scene, he accused the woman of abusing him and ordered her to be taken to the police station. The case State Of Maharashtra & anr. Vs. Madhukar Narayan Mardikar Supreme Court of India AIR 1991 SC 207, (1991) 1 SCC 57 used the Women's Privacy Protection Act to protect itself from allegations of violations of its rights. It concerns the probative value of facts in criminal proceedings, and the possibility of arriving at evidentiary corroboration depending on the circumstances.8,409 views -
The Uniform Civil Code Debate: Balancing Personal Laws and Constitutional Principle
Advocate at Delhi High Court, IndiaPages 2354 - 2380The discourse surrounding the Uniform Civil Code (UCC) in India emerges as a multifaceted matter entwining jurisprudence, societal principles, cultural distinctions, and constitutional tenets. This comprehensive exploration delves into the myriad aspects of the UCC, delineating its historical progression, constitutionally enshrined statutes, personal legal doctrines, and the fervent dialogues encompassing its enforcement. The investigation meticulously examines the prospects and impediments of the UCC, encompassing harmonization of legal frameworks, dissent from assorted communal cohorts, fiscal considerations, and the feasibility of impartiality across genders. Furthermore, it proffers sagacious recommendations for formulating policies, effecting legal amendments, and fostering public cognizance to strike an equitable equilibrium between uniformity and plurality. In summation, the UCC transcends the realm of mere legal precepts; it stands emblematic of India's persistent endeavour to amalgamate its opulent cultural heritage with the requisites of contemporary society, judicature, and societal metamorphosis. This scrutiny presents a nuanced perspective on a discourse that continues to shape India's legal milieu, mirroring the nation's steadfast commitment to justness, parity, and human entitlements within a diverse societal tapestry.795 views -
Social and Inclusive Democracy through the Improvement of Women and Weaker Sections
Assistant Professor at Department of Laws, Guru Nanak Dev University, Amritsar, IndiaPages 2381 - 2388Panchayati Raj Institutions (PRIs) in India is a homogenous effort for capacity building of rural people to promote greater participation of them in their own governance. The state government is also empowered to make laws providing criteria for disqualification of candidature from panchayat elections and also to legislate with respect to maintenance of accounts by the panchayats and their audit. Today, in this political lifestyle the competent person is always left behind whereas the incompetent person leads the front. It is indeed the irony that we in live in this democratic country but we tend to live in an undemocratic society whereby the social justice becomes a distant dream. The Panchayati Raj system has to fulfil its aim for what it comes for and for this we indeed require the support because as soon as the conflict between parties comes to existence we start losing the track.712 views -
The Evolution of Surrogacy and its Shortcomings in India
Student at O.P Jindal Global University, IndiaPages 2389 - 2400Surrogacy, often stigmatised, is still one of the ways by which a couple can fulfil their dream of having a child. India, for the longest time has been a surrogate market; attracting a huge of number of foreigners to come and find surrogate mothers in the country. The word "surrogacy" is derived from the Latin word "surrogatus," which denotes a replacement or substitute deed. In terms of reproduction, it refers to a deal when a woman agrees to bear another person's kid in exchange for money with the intention of giving it to the intended parents. This practice, however, has always had mix opinions of people. Many considered it a taboo and an ‘easy way’ out of pregnancy. Eventually people started accepting the norms of surrogacy and of Assisted Reproductive Technologies (ART) and thus made India one of the largest largest market from where people could ‘rent a womb.’ This is where the need for regulation was realised and thus the parliament made various bills and acts in order to regulate the functions of surrogacy and its relative markets. The paper analyses whether the need and regulations of surrogacy bills have been duly met or if their still remains discrepancies within the acts.696 views -
The Ambit of Public Authorities under the Right to Information Act, 2005
Student at Symbiosis Law School, Pune, IndiaPages 2401 - 2407The French Philosopher Michel Foucault said that power is knowledge and knowledge comes from information. The RTI act is a tool to empower citizens. It was enacted in 2005 to promote accountability and transparency, and reduce Corruption. The Act empowers citizens to ask for information from the public authorities. Section 2(h) of the Act defines public authority. The paper tries to analyze the definition in section 2(h) with the help of judicial pronouncements. Then the author attempts to do a comparative study on the RTI laws concerning the ambit of public authorities. The laws in Asian countries like China and Nepal are compared with the Indian laws on information spread. Lastly, the paper critically analyses the lacuna in the law and how the ambit of public authorities still needs to grow.702 views -
Interpretation of Exhaustible Natural Resources Under Article XX(g) GATT and Sustainable Development
Pages 2408 - 2413Trade and environment are interconnected. The WTO, being one of the prominent international institutions that deals with trade, recognized the importance of environment protection through its provisions. The World Trade Organisation has been collaborating with the United Nations Department of Economic and Social Affairs to implement the UN's Agenda 2030 for Sustainable Development. Protection and conservation of natural resources is one of the means to achieve sustainable development. Article XX(g) of the GATT enables the member nations to impose trade restriction, if it is for the conservation of exhaustible natural resources. However, the term ‘exhaustible natural resources’ is not defined anywhere in the agreement. This paved the way to various interpretations. Some member nations succeeded their claim under Article XX(g) where some other nations which tried to misuse the provision failed. The WTO Dispute Settlement mechanism and the GATT Panel took various factors into consideration while deciding the cases related to the conservation of exhaustible natural resources. Even though the absence of a definition was a problem in the beginning, later it got resolved. The attempt of some nations to limit the scope of the term to certain category of resources can be seen while examining the history. However, now the term ‘exhaustible natural resources’ now includes a vast variety of natural resources including living and non-living species and minerals.1,112 views -
Child Rights in India Comprehensive Analysis of Legal Frameworks and Implementation Challenges
Student at Amity University, IndiaPages 2414 - 2425This research paper provides a comprehensive examination of child rights in India, with a focus on the legal frameworks and policies established to protect and promote the welfare of children. It examines the main aspects of child rights as defined by the Convention on the Rights of the Child (CRC) and India's efforts to comply with its obligations under the CRC. The paper also addresses the obstacles to implementing child rights, particularly in vulnerable and disadvantaged communities. This research aims to cast light on the progress made and areas requiring further attention to guarantee the effective protection and fulfilment of child rights in India by analysing existing literature and legal documents. The results of this study will contribute to the ongoing discussion on child rights in India and provide policymakers and other stakeholders with recommendations to strengthen the implementation of child rights laws and policies. In order to create a more inclusive and equitable society for all children in India, the study will also emphasise the significance of confronting the social, economic, and cultural barriers that impede the realisation of child rights. This research paper provides a comprehensive examination of child rights in India, with a focus on the legal frameworks and policies established to protect and promote the welfare of children. It examines the main aspects of child rights as defined by the Convention on the Rights of the Child (CRC) and India's efforts to comply with its obligations under the CRC. The paper also addresses the obstacles to implementing child rights, particularly in vulnerable and disadvantaged communities. This research aims to cast light on the progress made and areas requiring further attention to guarantee the effective protection and fulfilment of child rights in India by analysing existing literature and legal documents.1,713 views -
Realism and Balance of Power: Analysis in the Contemporary World
Student at Symbiosis Law School, Noida, IndiaPages 2426 - 2429Humans by nature are greedy and always in fight or flight mode. Wherever there are interests, rights and duties, conflicts are bound to happen. The theory of realism states that every nation state wants to serve its own interests and welfare. In situations like this, balance of powers is vital. This ensures that no one nation has supremacy over others. This balance of power is based not only on the military powers of a state but also on the soft and economic powers of the state. Today with major developments in technology, the balance of powers seems to be taking a shift. In a situation like this, it is pertinent to understand these theories in today’s context. Through this article, we shall understand the theories as propounded and their significance in today’s world. We shall also with the help of an article review critically analyse these theories in the sphere of global politics as we understand it today.977 views -
Rohingya Refugee Crisis and Status of Refugees in India: A Critical Analysis
Student at Narsee Monjee Institute of Management Studies, Indore, IndiaPages 2430 - 2438Rohingya Muslims are one of the most persecuted minorities and the world’s largest ‘stateless’ population. The Rohingya community have suffered mass brutality, systematic discrimination, and targeted violence at the hand of Myanmar military and Buddhist extremists. Most of the ones to face extreme violence by the Myanmar authorities are innocent women and children, many women have faced assault violence by the army. The Rohingya Refugee crisis is nothing new, ever since the military came to power in Myanmar in the 1970s, the Rohingyas have suffered very systematic violence and oppression in the state and the community exodus to neighbouring countries has become a very recurring occurrence. Following the crackdown by the military in response to Rohingya Arsa militant’s attack on the police posts, in 2017 the wave of new Rohingya refugees left the Rakhine state of Myanmar and started an influx of refugees in the neighbouring state of Bangladesh, some of whom have crossed the borders of India. Many Rohingya refugees have travelled to India for shelter and have settled here as refugees. India has not enacted any dedicated law for refugees and is not a signatory of the 1951 UN Convention or any Protocol which relates to the status of refugees. The paper highlights laws relating to refugees in India and the status of refugees in India about Rohingyas. The paper dwells on international refugee law, Principles, conventions, Protocols, etc. and India’s position on international refugee law. Overall, the paper seeks to contribute to the understanding of the Rohingya refugee crisis in the context of refugee status in India.959 views -
Legislation and Jurisdiction of Suicide Laws in India: Conflicts and Retrospective Analysis
Student at Chandigarh University, IndiaPages 2439 - 2456Looking at statistics of suicide in India a total of 1,53,052 suicides were reported in the country during 2020 showing an increase of 10.0% in comparison to 2019 and furthermore, the rate of suicides has increased by 8.7% during 2020 over 2019. Statistics provided by National Crime Records Bureau Ministry of Home Affairs. Every year, more than 1,00,000 people commit suicide in our country. The incidence and rate of suicides during 2016-2020 is presented in the manuscript. One has to understand that this imposes a huge social, emotional and economic burden on a nation. This shows us just how incredibly important this discussion is for a young legal audience. To help understands how the drafting of legislative acts that aim to punish over rehabilitate those in desperate need of medical care can be of catastrophic damage to a nation. Retrospecting the suicide cases globally and in Indian context; the paper aims to brings forth a discussion on very important aspect of dignified life among law researchers and students. The paper unfurls the history of Indian laws on suicide and emergence of suicide prevention laws. It highlights the emergence of Indian Penal Code, more commonly referred to as the IPC; which governs all criminal acts, offences, and the punishments for said offences. The Paper will discuss section 309 of IPC and Medical Healthcare act 2017 discussing the validity, conflicts of the existing laws and acts as per the emergent situation. The paper tries to unfurl a discussion, whether right to die can be included in right to life or not and will the Indian government allow it. The paper also discusses prevalent acts and amendments at international level related to Active and passive Euthanasia. The discussion of prevalent laws will bring a retrospective comparison and contrast of various reasons that weigh in spiking the nations suicide rate and mental health issues.705 views -
Scope of Penalising Marital Rape in Indian Jurisprudence
Assistant Professor at Kingston Law College, Barasat, West Bengal, IndiaPages 2457 - 2466The concept of rape within marriage agonises the wife to the very core. It is an unbearable thought affecting the mind of the women that they must face such a dreadful act and still have to silently suffer through it. Though this silence is not self-enforced. The lack of laws and adverse social approach regarding the issue have helped this evil to hide behind the curtain of marriage. Today, everywhere we talk about women empowerment. Even, women have been provided many rights through various constitutional and legislative enactments based on ‘principles of equality’. But in a patriarchal society like India, would women be empowered in real sense without criminalising marital rape! The concept of ‘rape is rape, irrespective of the relationship between the victim and the perpetrator’ ought to be recognised by law.687 views -
Study on Indian Abortion Law: Why it fails Women
Student at NMIMS, Navi Mumbai, IndiaPages 2467 - 2475Early termination of pregnancy expects a critical part in the existence of women. For sure, even in the 21st hundred years, most ladies in India are at this point not prepared to get to the genuine foetus removal. For sure, even after all the law and government practices, the ladies of our country are at this point fighting. This paper essentially inspects the verifiable scenery of early termination regulations and the policies that are at present set up. The paper furthermore examines changes that happened in the Medical Termination of Pregnancy Act, including the various sections that were added into it and graphs the real image of this regulation which is by all accounts moderate. Towards the end it suggests a method which the government can assume to propel the position of ladies and get a couple of changes for real progression of position of ladies in our country. Despite 30 years of liberal regulation, most ladies in India actually need admittance to safe foetus removal care. This article fundamentally analyses the historical backdrop of early termination regulation and strategy in India since the 1960s, as well as exploration on the arrangement of fetus removal administrations. 2002 and 2003 alterations to the Clinical End of Pregnancy Demonstration of 1971, including decentralization of guideline of fetus removal administrations to the territorial level, corrective measures to forestall perilous fetus removals, justification of actual necessities for early fetus removal, and acknowledgment of doctor administrations. fetus removal, all attempted to extend safe administrations. Revisions to the MTP Act to forestall sex-particular early terminations would have been untrustworthy and against protection and were not taken forward. Relentless issues incorporate unfortunate guideline of both public and confidential administrations, doctor just practices that reject mid-level suppliers, and low enlistment in rustic regions contrasted with metropolitan centers; all limit access.719 views -
The Intersection of Mental Health and Contraception
Student at Amity Law School, Noida, IndiaPages 2476 - 2483The intersection of mental health and contraception represents a complex interplay between psychological well-being and reproductive choices. Mental health encompasses emotional and cognitive aspects crucial for effective coping with life's challenges. Contraception, particularly contraceptive pills, offers women control over family planning. While enabling autonomy, contraceptives may entail side effects that impact mental health, such as hormonal fluctuations, mood changes, and diminished libido. Furthermore, limited access to contraceptive options can exacerbate physical and mental health disparities. The absence of male contraceptive alternatives places disproportionate responsibility on women, affecting their mental and physical well-being. This article explores the multifaceted relationship between mental health and contraception, addressing issues across diverse familial and societal contexts, and suggesting strategies to promote holistic well-being.672 views -
Pages 2484 - 2500All bets must have an item of value to offer as a bet. On winning a game, the value of such stake increases and the winner enjoys the money made from it. Traditional gambling has undergone numerous changes in terms of legislation and judicial decisions. India has outdated central legislation and since gambling is a subject of State Lists, few of the states have taken up the initiative to draft rules about gambling. Online gambling with virtual items having a monetary value has recently been highly appraised. This article analyses 'skins', which are cosmetic virtual in-game items that can enhance and customize a player’s avatar or a weapon, as an item of value to place the bet. Further, the author has analyzed skins betting on esports tournaments and games of chance and how it is important to bifurcate the legitimacy of these two categories when betting skins. The whole analysis is limited to India's existing legislations and the newly updated notifications which have given recognition to esports and online gaming or online gambling culture.751 views
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Navigating India’s Waters: Evolving Legal Landscapes and Judicial Stewardship for Sustainable Resource Management
Student at Symbiosis Law School, Nagpur, IndiaPages 2501 - 2512This research paper provides a comprehensive analysis of the evolving judicial trends in water law in India, shedding light on the dynamic legal framework, recent court rulings, and regulatory measures that underscore the pursuit of sustainable and equitable water resource management. It navigates through India's intricate relationship with water resources, encompassing its historical context, legal foundations, and contemporary challenges. The paper also delves into the recognition of the right to water as a fundamental right under Article 21 of the Indian Constitution and its profound implications for water governance. In a nation where water holds unparalleled significance, its scarcity and mismanagement present intricate challenges. Against this backdrop, the judiciary has emerged as a key player in shaping water policy through landmark judgments that address pressing issues. This paper emphasizes the need for a holistic approach to water management, recognizing water as a finite and critical resource that intersects with various sectors, from agriculture to environment, society, and beyond. While the judiciary's interventions have been instrumental, addressing India's multifaceted water challenges requires a collaborative effort. The paper underscores the importance of robust infrastructure, efficient water use practices, and transparent governance mechanisms to bridge the gap between legal pronouncements and on-the-ground impact. Moreover, the paper explores the intricacies of the Public Trust Doctrine (PTD) as applied to water resources, highlighting its significance in guiding sustainable management practices. The paper underscores the judiciary's role in establishing the right to water as an inherent part of citizens' well-being.781 views -
Comparative analysis of Corporate Insolvency Resolution Process of Financial and Operational Creditor in India
Student at ICFAI Law School, IndiaPages 2513 - 2528In the dynamic times of increased stressed assets in the country, the Insolvency and Bankruptcy Code, 2016 is in itself is a landmark development and came as a ray of hope for the increase distressed assets and non-tallying assets in the financial system. Furthermore, for running a business of an entity, the supply of goods and services on credit is as significant as financial system, both are parallelly important for functioning of a business. The Insolvency and Bankruptcy Board established the "Corporate Insolvency Resolution Process" in 2016 in response to the surge in NPAs and the lack of a proper method to address the issue. It refers to insolvency proceedings, in which any corporate debtor who defaults in payment can start the process on their own or with the help of a financial creditor or operational creditor. The Insolvency and Bankruptcy Code, 2016, is without a doubt one of the most significant changes to have occurred in the corporate sectors recently, but the code itself distinguishes between financial and operational creditors by restricting the operational creditor ability to participate in meetings, cast votes, and join committees of creditors. Additionally, it restricts the ability of operational creditorsto vote in the committee of creditors, change the appointment or terms and conditions of the corporate debtor's statutory or interim auditors, or any other stated staff, among other things. It also limits the power of operational creditors to have a right over accessing financial details from resolution professionals. This Article emphasizes on how the distinction between financial and operational creditors causes prejudice against operational creditors during the insolvency process by contravening the principles of equality and natural justice as enriched in the constitution.801 views -
He or She! Rethinking the Paradoxical Dilemma surrounding Marriage Equality
LL.M. student at Tezpur University, IndiaPages 2529 - 2547The tussle between marriage equality and the cultural and societal values associated with the institution of marriage is quite intense in India considering the conservatism and ethnocentricity in the society. India is grappling with the conversation of legalizing homosexual relationships and whether the route to rejecting the deep-rooted stigma associated with it is the simultaneous acceptance of same-sex marriage. The problem with legalizing homosexual marriage is that Indian traditional households are not prepared to accept colossal changes in marriage laws as the society only recognizes the union of a binary male and a female. Customs and traditions concerning the institution of marriage have profound value in India. Considering the ongoing developments, a question arises that whether or not India should consider recognizing same-sex marriage. On the route to legally recognizing same-sex marriage, age-old customs, and societal values seem to be standing in between.1,101 views -
Sologamy: Freedom of Choice or a Misleading Concept of Marriage?
Assistant Professor at Shri Ram College of Law, Muzzaffarnagar, Uttar Pradesh, IndiaPages 2548 - 2552Human nature is unpredictable, either in ancient times or today. Change is necessary for a developing society, but such change should not bother the norms of the society. The institution of marriage is also affected with this human nature. Many known and unknown forms of marriages come in the light on the every next day. For a civilized society, it becomes easy to accept such marriages, which fulfills maximum of the objectives of a general form of marriage. But it is very difficult to give space such forms of marriage, which do not go with such objectives. Thus, people may consider them as sickness or propaganda or sin too. Sologamy is also one of them. This issue is necessary to discuss because it does not follow any object of a general wedding, but still it is called ‘self - marriage’. It is a big question that if sologamy does not follow any object then why we are calling it marriage. In this Article, we are going to know about sologamy, few incidences, nature and its impact. There were so many unrecognized forms of marriages in ancient times too, which were not following the essentials for the establishment of the marriage. At that time, such incidences, like sologamy, were not given place even in unrecognized forms of marriages. But they are being called as a marriage now. For a civilized society it is very important to differentiate between beneficial and non- beneficial things.724 views -
Metaverse – Legal Complications and Efficacious Remedies: An Indian Perspective
Student at VITSOL, Vellore Institute of technology, Chennai, IndiaPages 2553 - 2563The definition of the term “reality” is subject to change from time to time with the advancements in technology. Earlier people saw the world in two dimensions and later it evolved into 3D to give viewers an immersive experience. Immersive experience can be defined as one where movies allow people to submerge into the character’s life and the way the story pans out to produce an otherworldly perspective and an experience like never before. From the late 20th century till date, people have become weary of social interactions and they do not have the dynamism to indulge in real life conversations with people they meet in their day-to-day lives. This was also due to the limits put forth in the actuality. But with the introduction of Metaverse and crypto currency reality has now shifted to an online world where one can indulge in boundless communication with people around the globe by negating physical distance and upgrading the social media platform. No matter what the advancements are, there arises a need for a balance between maintaining the interests of the social community and development in technology. Problems originate in multifarious forms when people from diverse ethnic groups intermingle together in a single online interactive media platform. Discrimination on the basis of caste, creed, sex and religion could easily be instigated. Metaverse could potentially be so realistic so as to create complete suits which could enable viewers to have a complete perspective of the happenings in the virtual reality and this could cause criminal activities such as rape and molestation to occur. Data piracy is the next big threat whereby loads and loads of information are stored using block-chain technology which although companies claim it be safe, is always susceptible to piracy. So addressing legal issues in this particular field is of preliminary importance. This paper is an empirical attempt to realize the legal issues from experts in the field and do extensive research on the advancements that Metaverse could potentially bring into communities across India.739 views -
Evolution of Contempt of Court: Historical Analysis and Comparative Perspectives in the UK, USA, and India
Student at Damodaram Sanjivayya National Law University, Visakhapatnam, IndiaPages 2564 - 2577The research paper provides an extensive overview of the concept of “contempt of court” and its historical evolution in legal systems across various countries, with a primary focus on the United Kingdom, the United States, and India. It delves into the background, definitions, types, and significance of contempt of court, discussing how it aims to uphold the integrity and authority of the judicial system. The paper traces the historical development of contempt of court from its origins in early legal systems, where it was used to maintain the dignity of the court and ensure compliance with its orders. It highlights the transition from the discretionary power of monarchs to the three branches of governance in democratic societies, leading to the need for a balanced approach to contempt laws. The analysis centers on the Indian context, detailing the evolution of contempt laws in the country. It covers key legislations such as the Contempt of Court Act of 1926, its shortcomings, and subsequent amendments. The Contempt of Court Act of 1971 is discussed in detail, highlighting the complexities and challenges associated with balancing freedom of expression and personal liberty against the preservation of the court’s decorum and authority. The paper also explores significant legal cases, both in India and internationally, that have shaped the interpretation of contempt of court. Notable cases include instances where criticism of the judiciary was considered contemptuous and led to legal actions. The paper underscores the tension between protecting freedom of speech and maintaining the judiciary’s integrity and analyzes recent controversies surrounding the interpretation and application of contempt laws. Ultimately, the paper concludes by suggesting the importance of striking a balance between freedom of expression and contempt of court, emphasizing the discretionary nature of contempt jurisdiction. It advocates for a clear distinction between criticism and contempt, along with a cautious approach to exercising contempt jurisdiction only when the integrity of the judicial system is genuinely at risk.1,604 views -
Gendered Impact of Climate Migration: Analyzing the Differential Effects on Women and Children Left Behind
Associate at Content Team, LawSikho, IndiaPages 2578 - 2589Let us take an example first. Fatima Begum and her two kids were left behind by her husband, Sadullah, who migrated to Guwahati city from a small remote town, Bohori, in the Barpeta district of Assam, India in search of work. Their families were engaged in rice cultivation and livestock rearing business. Owing to extreme flood, they lost their agricultural land and livestock in the hands of flood. Once, her husband migrated, she went to live with her parents-in-law. She has very little say when it comes to the management of household expenditures, livestock farming and other household decisions. The money which is sent by her husband straightaway goes into the hands of her father-in-law. Although she helps her mother-in-law with household chores, she still feels that she has less freedom now as her husband is not there with her. But she is still grateful that at least her children are getting food to eat and have a roof over their heads. This is just one example of how male migration owing to local climate change can affect the women the most. As a result of global climate change, millions of people have been forced to migrate to cities or sometimes to different countries in search of better opportunities and improved living conditions. The vulnerable groups, especially women and children, are the most suffered ones, as this increases their responsibilities with respect to taking care of the children, running the household, looking after the farm, working in agricultural fields, etc. This article explains how male migration owing to local climate change has differential effects on women and children. The articles further employ a comprehensive review of existing data and case studies from climate-affected regions to analyze the consequences faced by women and children as a result of male migration. In light of these findings, the article suggests a policy alternative that emphasises the adoption of a gender-responsive strategy in all policies and strategies for reducing the effects of climate change on vulnerable groups like women and children.852 views -
Protection of Software under Intellectual Property Law: Scopes and Challenges
LL.M. Student at Jagannath University, Dhaka, BangladeshPages 2590 - 2604Software plays a pivotal role in modernizing contemporary world and without conservation of software IPR (Intellectual Property Rights), innovation in the tech industry can’t be contemplated. So this paper enumerates the scopes of software IPR focusing on the diversified nature of software IPR the standard for ascertaining the exact class of software IP is which difficult to determine so this paper to clarify this issue elaborates on the essence and challenges of availing Copyright, Patent, Trade Secrets in the context of protecting the software IPR from infringement and misappropriation in the technology industry.1,135 views -
Unmasking the Legal Dimensions of Hate Speech: A Comprehensive Examination
Student at Lloyd law college, Greater Noida, IndiaPages 2605 - 2609This comprehensive exploration delves into the multifaceted realm of hate speech, investigating its detrimental impact on both individuals and communities. The article navigates through the legal dimensions of hate speech, shedding light on its definition, ramifications, legislative framework, and the intricate interplay between freedom of expression and societal well-being. Examining the extensive scope of hate speech, it encompasses forms of communication inciting hatred, discrimination, or violence grounded in protected attributes like race, religion, gender, and more. The article references significant legal sources, such as the Bureau of Police Research and Development and the Law Commission of India, to offer nuanced definitions of hate speech. Its exploration spans the far-reaching repercussions of hate speech, permeating society with divisiveness, fear, and inequality, particularly affecting marginalized groups. The article navigates India's legal landscape, spotlighting the Indian Penal Code and the Information Technology Act as mechanisms addressing hate speech. It juxtaposes the cherished freedom of speech with the need to curtail hate speech for public welfare, outlining the Indian Constitution's stance and the challenges faced by the judiciary in striking this balance. By referencing landmark cases, including Ram Manohar Lohia vs. State of Bihar, Aruna Roy vs. Union of India, and Shreya Singhal vs. Union of India, the article underscores the judiciary's role in shaping the discourse. In an age characterized by digital proliferation, the article confronts the complexities of combating hate speech online, highlighting the intricate interplay between global digital platforms and local cultural nuances. It calls for a concerted effort beyond legislation, advocating for education, awareness campaigns, and community engagement to counter the prevalence of hate speech. Concluding with a call for adaptive legal reforms in the digital age, the article underscores India's potential to create an inclusive future that harmonizes the virtues of free expression with the imperative of respect and social cohesion.826 views -
Non-Performing Assets: An overview
Student at Jagran Lakecity University, Bhopal, IndiaPages 2610 - 2623Finance is very important for every economy to run effectively and having a good financial position depends on its financial institution and banks. Banks ensure financial stability and effective utilization of funds. But, maintaining such financial soundness becomes difficult when the funds of banks are being misused or not repaid. The problem of Non- Performing Assets (NPAs) is not new to the banking Sector. For a long time, banks have seen loans being turned into bad assets and efforts have been made to reduce the number of NPAs. There are multiple reasons which together have given rise to the increasing number of NPAs. Over the past few years, some big fraud cases have occurred in the banking sector that caused huge losses to banks. The increasing number of bad loans and loss of public funds have insisted banks to bring changes and adopt a new mechanism to resolve the cases relating to NPAs.656 views -
Sovereignty at Sea: The South China Sea Dispute and UNCLOS Implications
Research Scholar at RNB Global University, Bikaner, IndiaPages 2624 - 2665The South China Sea dispute involves overlapping of territorial claims and maritime conflicts among nations like China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. Central to this intricate issue is the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS), an international treaty governing the rights and responsibilities of States concerning global ocean use UNCLOS regulating maritime jurisdictions, defining territorial waters, exclusive economic zones (EEZs), and continental shelf. Beyond regional stability, the South China Sea dispute carries global implications due to its impact on trade routes, valuable resources, and strategic alliances. The interplay between the South China Sea dispute and UNCLOS underscores the tension between territorial claims and international legal principles. A nuanced understanding of these complexities is essential for maintaining stability, upholding legal norms, and facilitating peaceful resolutions within the intricate landscape of maritime geopolitics. This article discussed in brief the different concepts under the UNCLOS 1982, and the violation of the provisions of the convention by the China and other states in South China Sea for their own interest in the sea.1,019 views -
Gender Neutrality and Laws in India: Critical Analysis
Advocate in IndiaPages 2666 - 2683India's legislative approach towards gender-neutral laws has been slow and inconsistent, despite recommendations made by various committees and commissions. The 172nd Law Commission Report, the Criminal Laws (Amendment) Bill, 2012, and the Justice Verma Committee Report all proposed gender-neutral laws, but their implementation has been limited. The Criminal Law (Amendment) Ordinance, 2013 was a significant step towards gender-neutral laws, but it was repealed by the Criminal Law (Amendment) Act, 2013 which reinstated gender-specific laws. Gender-neutral laws are essential for the protection of all individuals, regardless of their gender. The need for such laws arises from the fact that existing laws are often biased towards one gender or the other. For instance, laws related to rape and sexual assaults in India are gender-specific and protect only women. This leaves men and transgender individuals vulnerable to sexual violence without any legal recourse. The implementation of gender-neutral laws is crucial for ensuring equal protection under the law for all individuals. The legislature needs to take action towards enacting such laws to address the gaps in existing laws and ensure that all individuals are protected. Furthermore, the implementation of gender-neutral laws will also contribute to changing societal attitudes towards gender roles and stereotypes. In conclusion, while there have been recommendations for gender-neutral laws in India, their implementation has been limited. The need for such laws is crucial for ensuring equal protection under the law for all individuals. It is important for the legislature to take action towards enacting gender-neutral laws to address the gaps in existing laws and ensure that all individuals are protected.1,539 views -
An Empirical Study on the Effects of Abuse Faced by Children in Modern Era
Student at Saveetha School of Law, IndiaPages 2684 - 2701This paper outlines the study on child sexual assault. The terms sexual assault can be understood as sexual behaviour or a sexual act upon a women, man or child which acts as a violence which the attacker uses against someone they perceive as weaker than them.The researcher has followed the descriptive research method using a convenient sampling method The sample size of the study is 230. The independent variables taken here are gender, age, educational qualifications, occupation, marital status. The dependent variable are the causes of child sexual abuse, opinion of the people when they see a child being abused, sexually abused person tend to, responsible persons for the negligence of child sexual abuse to happen , overcoming from the impact of child sexual abuse, satisfaction on the measures taken by the Indian constitution on prevention of child sexual abuse.The result observed from the study is that most people are unaware of the seriousness of this issues and it was found that the child sexual assault happens because of the negligence of the parents.714 views -
Navigating the Perspective of Artificial Intelligence and Cybersecurity: Grabbing Opportunities amidst Ground Breaking Challenges
Student at The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, IndiaPages 2702 - 2729The process of digitization has propelled the world forward at an astonishing speed. In the swiftly changing realm of technology, the convergence of artificial intelligence (AI) and cyber security has emerged as a crucial focal point of concern for both individuals and entities. AI is a remarkable facet of Information Technology necessitating the creation of a machine that emulates and functions akin to the human mind. Ever since the inception of AI, it has played a pivotal role in reshaping every domain. In an era of extensive internet utilization, the surge in cybercrime is a concerning trend. AI has the capacity to swiftly identify novel attacks, outpacing human capabilities, making it an optimal choice for enhancing defense mechanisms against cybercrime. This formidable technology holds the capacity to offer substantial benefits to society, yet it also possesses the capability to turn into a curse. AI is a revolutionary force in the realm of cyber security breaches; however, it can also serve as a potent tool in the hands of hackers or cybercriminals, enabling them to execute intricate attacks, manipulate systems, and compromise privacy. Hence, employing AI for cyber security represents a double-edged sword. The integration of AI into cyber security presents fresh legal, regulatory challenges and also gives rise to ethical concerns. The implementation of secure development methodologies is of utmost importance in safeguarding applications against cyber threats propelled by AI. The objective of this research paper is to assess current opportunities and ground-breaking challenges associated with utilizing AI in the realm of cyber security. This study also incorporates information gathered from the respondents through a questionnaire. The paper will put forth innovative solutions intended to address the integration of artificial intelligence into cyber security.698 views -
Provoking the State: Human Rights in Secession Conflicts
Advocate at Chamber of Adv. Sanjeev Kumar, IndiaPages 2730 - 2741This research paper delves into secessionist movements in India, focusing on the response to such conflicts in the newly formed Union Territory of Jammu and Kashmir. It examines India’s human rights obligations during secessionist conflicts, exploring the principles of derogation, limitations, and reservations. The paper critically analyzes India’s administrative measures, like the Armed Forces (J&K) Special Powers Act, 1990, and the J&K Public Safety Act, 1978, in terms of their compatibility with human rights obligations. Highlighting issues of arbitrary arrests, impunity, violations of freedom of expression, and more, the paper concludes that India’s actions have not fully aligned with its international human rights commitments, particularly in handling the insurgency situation in Kashmir.674 views -
Role of Resolution Professional in Reporting Fraudulent & Avoidable Transactions under the Insolvency and Bankruptcy Code, 2016
Ph.D. Research Scholar at Faculty of Law, University of Delhi, Delhi, IndiaPages 2742 - 2763The Insolvency and Bankruptcy Code, 2016 (IBC) has revolutionized India's insolvency resolution process, providing a robust legal framework to address financial distress and protect the interests of stakeholders. This research paper aims to delve into the critical concepts of fraudulent and avoidable transactions within the ambit of IBC and the role, powers and duties of interim resolution profession/ resolution profession in relation to identification and reporting of fraudulent and avoidable transactions.740 views -
Unveiling the Gaps: A Critical Analysis of Victim Protection under the Code of Criminal Procedure
Student at National Law University, Odisha, IndiaPages 2764 - 2776The criminal justice system is an instrument of social control used to deter, prevent, control crime and to punish the criminals. The governance in a democratic country is judged inter alia, by the manner in which the criminal justice system is administered. The Indian criminal system is built on the principles of ‘innocent until proven guilty’ and ‘let hundred guilty be acquitted but one innocent should not be convicted’. This shows how criminal centric the system is and there is very little attention given to the victims of the crime, their rights and protection. The current system barely involves victims, even if it is then they are only at the periphery of the criminal justice system, they usually take a backseat. It is high time we reverse this trend and put the victims on priority, as they are subjected to secondary victimization by the acts of the accused. This paper discusses the existing rights and protection of victims and the recent developments to the same. It has also been contemplated ‘is it enough to imprison criminals?’ Does this relieve the victim? Victims are not given proper and adequate assistance required and have a very minuscule number of rights and safeguards provided under the law and only an ad hoc ex gratia amount in compensation by the government that too at its discretion. Majority of them are either provided under law commission reports or the committee’s reports, whose implementation is rarely seen. It is tried to examine the flaws that are prevalent in the existing system and further complemented with the suggestions for the same. It becomes crucial to peek into the international scenario, and see what else our criminal system can equip itself with. To make the system a victim centric one, it is indisputably a requirement to bring the victim to the forefront of the trial, by encouraging them to actively participate in the process and not just be equivalent to that of witnesses . It is further concluded with the necessary changes and amends to the current system to vindicate the victim’s cause and the methodology for the same. The legislature and the executive wings need to attune the criminal justice system in order to tap into the potential to reach the victim in dire need of help.1,007 views -
Problems Associated with Overcrowding of Vehicles in Chennai
Student at Saveetha School Of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Chennai, IndiaPages 2777 - 2794Road transport is the most preferable means which connects the villages, towns, cities, metropolitan regions, states and the whole country into the system establishing an innovative community. It improves the entire nation's development, environment conditions and socio economic, culture developments. The road transport has been facing unusual troubles owing to the need of its suitable organization, refurbish & preservation. With the unusual predicament of road transport, traffic delay, fatal road accidents, environmental pollution are the rising troubles in the urban region. This paper focuses on studying the public opinion on the problems associated with overcrowding of vehicles in Chennai. The type of research method followed is empirical research. A total of 200 samples have been collected by a convenient sampling method. The independent variables taken for the survey are age, gender and educational qualification. The dependent variables are agreeability on overcrowding of vehicles in Chennai leads to unexpected delay for work, rating on the statement most fatal accidents in Chennai occur due to overcrowded vehicles, major reasons for overcrowding of vehicles in Chennai, Effects of overcrowding of vehicles in Chennai and the measures to control the overcrowding of vehicles in chennai. The statistical tool used in the study is graphical representation. It has been found from the analysis of the results that people have strongly agreed with the statement that overcrowding of vehicles in Chennai leads to unexpected delays for work, the major reason for overcrowding of vehicles in chennai is due to office or employment pressure, the major effect of overcrowding of vehicles is the over exploitation of petroleum products and the resources, the public are of the opinion that using public transport is the best remedial measure to prevent overcrowding of vehicles, people are strongly of the opinion that most of the fatal road accidents occur due to overcrowded vehicles.694 views -
The Legal Protection of Traditional Knowledge of Indigenous People in North East India: Issues and Challenges
Assistant Professor at Department of Law, Rajiv Gandhi University (A Central University), Arunachal Pradesh, IndiaPages 2795 - 2802Knowledge has been regarded as humanity's most precious asset since the dawn of time. Knowledge was once a source of greatness and prestige that was shared freely. But as civilizations developed, several changes took place that turned knowledge into possession and gave the owner of knowledge a host of new rights. For the benefit of the local community, traditional and indigenous knowledge must be preserved. These people's economic and social structures are greatly influenced by IK on one level, and at a higher level, it is important to place and make such information as their intellectual property rights. Due to global warming and the slow but steady loss of natural resources, traditional knowledge and innovations are being developed with great emphasis. Achieving the Sustainable Development Goals of the UN is another long-term objective, and in India, the traditional knowledge of the Northeast has long been associated with great cultural significance. This study examines the legal protection that Traditional Knowledge in North East India should receive from appropriate legal measures under sui generis legislation.755 views