Issue Archive · Open Access
Volume VII – Issue II / 2024
Articles · 291
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International Commercial Arbitration and its relevance within the Indian Context
LL.M. student at Vivekananda Institute of Professional Studies, Delhi, IndiaPages 01 - 13International Commercial Arbitration (ICA) is a method of resolving disputes arising out of international commercial transactions and agreements, outside the court system. It is governed by various international treaties and conventions, the most notable being the New York Convention of 1958, which ensures the recognition and enforcement of foreign arbitral awards by the contracting states. ICA offers a neutral, flexible, and efficient dispute resolution mechanism, which is particularly attractive for parties from different jurisdictions, as it avoids the complexities of navigating different legal systems. Within the Indian context, ICA holds significant relevance due to India's growing integration with the global economy. The Indian Arbitration and Conciliation Act of 1996, which was amended in 2015 and further in 2019, is the primary legislation governing arbitration in India. These amendments were aimed at making arbitration a more efficient and party-friendly process, aligning with international standards.1,220 views -
Fintech and Digital Finance Landscape in the Current Era
MBA student at Amity Business School, IndiaPages 14 - 28The emergence of digital lending platforms and the rapid growth of the fintech sector are evidence of the changing needs of current consumers. These platforms are attractive due to their efficiency, ease of use,and transparency compared to traditional banking tools. As the technology industry continues to evolve, new products are expected to be able to meet the diverse needs of customers around the world. This article highlights how financial technology and digital finance are changing consumer preferences for financial products and services.676 views -
The Perception of Employees on Evilness of Corruption: An Empirical Study
Assistant Professor at Government Law College, Salem, Tamil Nadu, IndiaPages 29 - 38Corruption in a country's political and economic processes harms the entire community. The primary purpose of the study is to estimate the perception of employees on evilness of corruption at workplace. The outcome shows the evilness of corruption has been divided into two dominant factors namely Morality and Insensitivity Factor and Rights and Confidence Factor. Very young employees and moderate adult employees feel more corruption at workplace compare to young and much matured employees. Employees with moderate work experience feels higher corruption at workplace and those with higher work experience feels lower corruption at workplace.827 views -
Registration of Patents in India
Student at Marathwada Mitra Mandal's. Shankarrao Chavan Law College, Pune, IndiaPages 39 - 42This article provides a comprehensive guide to the registration of patents in India, covering the legal framework, procedural requirements, and practical considerations for inventors and businesses. Beginning with an overview of the types of patents recognized in India, including utility, design, and plant patents, the article delves into the essential prerequisites for patent registration, such as novelty, inventive step, and industrial applicability. The patent application process is outlined step by step, from conducting a patent search and preparing the application to filing, examination, publication, and grant. Additionally, the article explores the maintenance obligations associated with patents, including payment of renewal fees and the requirement for working the patent in India. Enforcement mechanisms for patent rights, including civil and criminal remedies for infringement, are also discussed. By offering practical insights and guidance, this article aims to empower inventors and innovators to navigate the complexities of the patent registration process in India effectively, thereby safeguarding their intellectual property rights and fostering innovation and economic growth.928 views -
Human Trafficking in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 43 - 49Human trafficking remains a significant and multifaceted challenge in India, with deep-rooted historical, social, and economic factors contributing to its persistence. This abstract provides a comprehensive overview of the issue, examining its historical context, current trends, legal framework, government response, and challenges. India's history of human trafficking dates back centuries, including the transatlantic slave trade, internal slavery, and colonial-era exploitation. Marginalized communities, including lower castes, tribal groups, and women and children, have been particularly vulnerable to trafficking throughout history. In modern times, human trafficking in India has evolved to encompass various forms of exploitation, including sexual exploitation, forced labour, domestic servitude, organ trade, and child marriage. Trafficking networks have become increasingly sophisticated, taking advantage of economic disparities, lack of education, and social discrimination. Legal Framework: India has enacted several laws to address human trafficking, including the Immoral Traffic (Prevention) Act, 1956 (ITPA), the Bonded Labour System (Abolition) Act, 1976, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. However, enforcement of these laws faces challenges, and gaps remain in protection and support for victims.1,011 views -
Criminal Conspiracy
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 50 - 57A criminal conspiracy is an agreement between two or more people to commit an unlawful act, or to achieve a lawful end through unlawful means. This agreement can be explicit or implied, and it involves a meeting of the minds between the co-conspirators to work together towards the commission of a crime. Criminal conspiracy laws vary by jurisdiction, but they are generally intended to hold individuals accountable for the planning and coordination of criminal acts, even if those acts are never carried out. Conspiracies can involve a wide range of criminal activities, from drug trafficking and fraud to terrorism and organized crime. Prosecuting a criminal conspiracy typically requires evidence of the agreement, as well as proof of the defendant's involvement and intent. This can involve witness testimony, surveillance recordings, communications intercepts, and other forms of evidence. Penalties for conspiracy can be severe and may include fines, imprisonment, or both. Additionally, individuals convicted of conspiracy may be held liable for the criminal acts committed by their co-conspirators, even if they did not personally participate in those acts.1,098 views -
Evolving Paradigms of Feminism: From Equality to Equilibrium
Student at Anjuman-I-Islam’s Barrister A.R. Antulay College of Law, IndiaPages 58 - 68This research paper explores the multifaceted evolution of feminism, tracing its historical roots, philosophical underpinnings, and contemporary manifestations. Beginning with an examination of feminism's origins in diverse cultural contexts, the paper delves into its historical trajectories, including the first, second, and third waves of feminist movements. Through a comparative analysis of liberal, socialist, and radical feminist ideologies, it elucidates the varied approaches to achieving gender equality and dismantling patriarchal structures. The paper also investigates the inter sectionality of feminism, acknowledging the unique experiences and challenges faced by women of different racial, ethnic, and socioeconomic backgrounds. It highlights the contributions of prominent feminist scholars and activists, such as Kimberlé Crenshaw and Anita Hill, in shaping intersectional feminist discourse and advocating for inclusive feminist agendas. Furthermore, the paper addresses contemporary debates within the feminist movement, including critiques of post feminism and concerns about the misuse of legislation intended to protect women. It explores the tensions between promoting gender equality and addressing the perceived marginalization of men, emphasizing the importance of maintaining a balanced approach to feminist advocacy. Drawing on historical analysis, theoretical frameworks, and empirical evidence, this paper offers insights into the complexities of feminist thought and its implications for achieving social justice and equality. It concludes with reflections on the ongoing challenges and opportunities facing the feminist movement in the pursuit of a more equitable and inclusive society.761 views -
A Study of Adoption Rights for the Third Gender in Contemporary Legal Systems
Student at C.S.J.M. University Kanpur, U.P., IndiaPages 69 - 81This study aims to explore and improve adoption rights for individuals who identify with the third gender within modern legal systems. Our main goals are to assess international legal frameworks, analyze how legal recognition impacts adoption outcomes, and investigate the benefits of specific policy reforms on adoption rights. Using quantitative research methodologies, the study incorporates AMOS and SEM tools to analyze important data. This research examines global legal frameworks, investigates the effects of legal recognition on adoption outcomes, and evaluates the impact of specific policy reforms. Research reveals a notable discrepancy in the recognition of adoption rights for individuals belonging to the third gender compared to those who identify with traditional gender categories. Legal recognition is associated with increased access to adoption. Regression analysis demonstrates the positive effects of policy and legal reforms on different aspects of adoption rights, emphasizing the importance of these factors in creating fair adoption opportunities.942 views -
Triple Talaq
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 82 - 91India’s ethnic diversity which is quite remarkable is divided into many regions, religions, caste and creed and many more which have their own distinct culture, language custom and norms. Indian constitution ensures freedom of conscience and free profession, practice, and propagation of religion in Article 25 which should not violate the fundamental rights . Practice of Triple Talaq by Muslims violates Art 14 of Indian constitution, where Men are given unilateral power to divorce his wife/ wives but women are not given the same right to divorce her husband by talaq. Triple Talaq is not mentioned under quaran, which is opposed by Muslim scholars. To divorce the wife by Triple Talaq, the husband must be qualified under shia /Sunni. The Researcher has been interested in researching about its types, evolution, constitutionally validity and case laws with relevant legal provisions.914 views -
Artificial Intelligence: An Analysis in the Legal Field
Student at Vels School of Law, Chennai, Tamil Nadu, IndiaPages 92 - 101The technological age we traverse is rapidly evolving due to artificial intelligence (AI). Artificial Intelligence has the ability of computers or machines to perform human-like functions such as problem-solving, decision-making, language, voice and speech. Although initiatives and recommendations for the appropriate development and application of AI technology have been launched by India in the past several years, the country does not yet have any official laws governing AI. Niti Ayog, the Indian Planning Commission, recently introduced the AI Research, Analytics, and Knowledge Assimilation Platform, or AIRAWAT. It takes into account every prerequisite for AI in India. The Ministry of Electronics and Information Technology established four committees to focus on and examine various ethical concerns related to artificial intelligence. The Personal Data Protection Bill 2019 (PDP Bill), which is based on a draft data protection statute, is presently being considered by a Joint Parliamentary Committee. From a legal perspective, AI possesses the capacity to solve the case with related provisions and precedent cases. It also helps lawyers to review documents, analyse case judgements and also help in drafting affidavits and notices. Even after the rapid technological advancements in society and findings, we cannot still accept AI judges replacing human judges which is widely criticized too. This article examines AI in the legal sector, including its implications, uses, and potential drawbacks. The researcher has followed the empirical research method using a convenient sampling method. The sample size of the study is 106. The result observed from the study is that most people are not aware of the recent trends of Artificial Intelligence in the legal field. The suggestion of this study is to increase awareness of Artificial Intelligence and make people aware of how AI is useful for law students, bar and bench as well as for common people.707 views -
A Socio-Legal Study of Challenges in Resolving Disputes through ADR and Future of Alternative Dispute Resolution in Contemporary World with special reference to India
Assistant Professor of Law at Indian Institute of Legal Studies Cooch Behar, IndiaPages 102 - 111Speedy trial and prompt delivery of Justice are the most important aims of all legal systems in the World. Due to pendency of cases in traditional judicial system, Alternative Dispute Resolution has been emerged. Other factors such as expensive legal procedures, delay in Court proceedings and high technicality involved in the Court room are responsible for the growth of Alternative Dispute Resolution. For example In India, the Arbitration and Conciliation Act 1996 has been introduced in order to reduce burden on the judiciary. For the purpose of approaching arbitration, many people are adding arbitration clause and seat of the proceedings in their agreements. Simple process of Alternative Dispute Resolution, less expenditure, flexibility, speedy process, confidentiality of the matters, presence of experts etc. are some of the benefits of this method. Besides advantages of Alternative Dispute Resolution, some critical challenges are blocking the path of its success. Factors such as Lack of awareness, inapplicability in criminal cases, lack of skilled advocates, absence of execution proceedings, lack of government support, lack of precedents and poor infrastructure are working as hindrances in proper implementation of Alternative Dispute Resolution. Moreover, Alternative Dispute Resolution is not applicable to all types of cases. In case of international arbitration, the field is dynamic because of diversity, technology, environmental factors, cyber security. Though Alternative Dispute Resolution is suffering from so many defects, it will be more efficient in near future internationally. The Parliament of India is trying to make proper amendments to the Arbitration and Conciliation Act 1996 in order to cope up with the new situations and problems. The perfect example is the Arbitration and Conciliation (Amendment) Act, 2021 and the Arbitration and Conciliation (Amendment) Act, 2015. Indian Judiciary and Government should take responsibility and initiatives for smooth running of effective Alternative Dispute Resolution mechanism. Since all the official systems have been turned into online mode, Alternative Dispute Resolution can be done through virtual mode or hybrid mode. In this area, more professional trained arbitrators and practitioners are required.1,152 views -
Pages 112 - 124In India, incidences of cross-border mergers and acquisitions have significantly increased over the past three decades. When it came to cross-border transactions, the Indian economy was not particularly friendly, either before or after independence. In terms of these transactions, India has experienced a huge transformation especially with the introduction of liberalization policy in 1991, which has opened doors of Indian economy for the rest of the world. It is currently one of the most often used restructuring methods worldwide as it comes with various advantages for foreign countries and host country as well. These days, all countries in the world—not just India—have a substantial interest in executing cross-border deals. But, in India, even with so many groundbreaking regulations, such as the Foreign Exchange Management Act of 1999, Sec 234 of The Companies Act, 2013, Cross Border merger rules, considerable criticism to these deals still arises from the restricted government policies, inadequate due diligence, taxation issues, complex legal procedures and many more. In this paper, the author has examined the history and evolution of cross-border regulations and cases. It mostly focused on difficulties arosed from the inadequate due diligence from these deals. The author has also analyzed well-known cases of inbound merger and acquisitions in India, like the Daichi -Ranbaxy- Sun Pharma and Fortis- IHH Berhad, Malaysia deal. It additionally addresses the lessons learned by India from the past deals as well as potential solutions for it.993 views
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Dying Declaration under the Indian Evidence Act, 1872
Student at Narsee Monjee Institute of Management Studies, Indore, IndiaPages 125 - 133Dying declaration is defined under Section 32 of the Indian Evidence Act, 1872. It is made by a person who has dead, who is not in the world, who is not able to provide evidence and whose presence cannot be acquired without an amount of delay under which the facts appears unreasonable to the court. A statement made by a person stating the reasons of his death or as to any transactional situations that caused led to his death, are applicable facts will be admissible as evidence. These statements are known as dying declaration. Dying declaration is based on the maxim “Nemo moriturns proesumitur mentiri”. This indicates that no man is going to meet his maker with a lie in his mouth. The dying declaration is an essential evidence and can be the only ground of judgement. The admissibility of dying declaration is in accordance with the facts and circumstances of each case. If the court determines that it is accurate and voluntary, additional evidence is not needed. Both written and oral dying declarations are admissible. It is permissible to use any kind of communication, including gestures, signs, nods and even looks. A declaration should be recorded in the victim’s language. It enhances the authenticity and credibility of the declaration. If discrepancies are found between more than one dying declaration in a case involving multiple of them, the court must determine whether or not these discrepancies are important. The declaration must be recorded in a language that the victim can easily understand. As per section 32(1) of the Indian Evidence Act, 1872, there is no specific person to whom dying declaration should be made. It can be made to anyone, a friend, relative or stranger. But a dying declaration made to a magistrate will have higher evidentiary value as compared to a dying declaration made to a stranger. The statement must be given voluntarily without any undue influence in order to be admissible in court of law. A dying declaration will be examined based on the surrounding facts and circumstances.1,373 views -
Averting a Lost Covid Generation: Reimagining a Post-Pandemic World for Children in India
Advocate at High Court of Judicature, Allahabad, Lucknow Bench, IndiaPages 134 - 149Although the pandemic has a smaller effect on children than on adults, they are particularly exposed to its non-health consequences. A generation of children in India are struggling to recover from the adverse effects of the pandemic containment measures, particularly those from low-income households. The consequences of the pandemic on child protection are similar to those seen in previous pandemics, such as Ebola and SARS: higher rates of abuse, neglect, and family separation, as well as lower educational attainment. Families struggling to put food on the table may be forced to send their children out to work. Children who depended on school lunches were deprived of nutrition during school closures. There have been several reports in India regarding the lack of access to education for students, with many schools shutting down and teachers facing challenges in conducting online classes. Numerous young girls have been compelled to enter into marriage due to the impact of this global health crisis. Numerous children have been denied access to education and acquiring knowledge. This holds especially true for children residing in rural areas and those belonging to low-income households. The decrease in learning outcomes is expected to have a significant and lasting effect on the younger population of India. As a result of increasing poverty levels in rural regions, parents frequently face challenges in supporting their daughters, leading to early marriages. There has been a rise in the risk of abuse attributed to food scarcity and a surge in incidents of domestic violence amid the lockdown. This article will centre on the effects of the pandemic on the lives of children. The implications of the pandemic also give rise to worries regarding child protection. Ensuring the well-being and safety of children is paramount both during and in the aftermath of the pandemic. Considering that children are frequently the most susceptible individuals within a population affected by disease outbreaks, it is crucial for governments to play a proactive role in safeguarding them during pandemics. In this article, the author proposes a seven-point plan for addressing, rebuilding, and reimagining a future for every child in India in the aftermath of the pandemic.886 views -
Study of differences between International Humanitarian Law and International Human Rights Law, Focusing on Actions for Violations
Lawyer at MyanmarPages 150 - 165International human rights law and international humanitarian law may initially seem like separate legal systems with different principles and rules. However, this article explores the potential conflicts and challenges that arise when both IHL and IHRL are applied and implemented simultaneously. By examining how these laws are used in different jurisdictions and evaluating their effectiveness and limitations in addressing human rights abuses during armed conflicts, it becomes clear that the best approach is to use both bodies of law in harmony. This ensures the protection of individuals in such situations by allowing the laws to support and reinforce each other.981 views -
Examining the Decisions of the GST Council and the Veracity of their Clarifications and Amendments with special reference to Food Sector
Student at Tamil Nadu National Law University, IndiaPages 166 - 179In recent years with the litigation on indirect taxation rising, the judiciary and AARs have adopted a proactive role to pronounce significant rulings in this realm. These pronouncements are being adopted by the GST council in its further meetings in an obscure manner without proper analysis and justifications. To research in this regard the researcher has taken the amendments, clarifications, and GST meeting discussions from the 31st GST Council till the 51st GST Council into consideration. The researcher has taken the “food sector” as the sample space, as the ultimate aim of the researcher is to take this analysis to a larger set of audience, considering this, taking the food sector will make the work more feasible as it is the only sector where any layman can connect to. In the course of the research, the researcher has identified the most disputed food products and has analysed the course of ambiguities prevailing in those products.770 views -
Corporate Environmental Responsibility in India: Legal Framework and Regulatory Challenges
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, IndiaPages 180 - 188Corporate Environmental Responsibility (CER) has emerged as a critical component of sustainable development, requiring corporations to integrate environmental concerns into their business operations and decision-making processes. In India, a rapidly industrializing economy with diverse environmental challenges, the legal framework governing CER plays a pivotal role in mitigating environmental degradation and promoting sustainable practices. This research paper provides a comprehensive analysis of the legal framework and regulatory challenges surrounding Corporate Environmental Responsibility in India.1,750 views -
The framework that directs and controls businesses is known as corporate governance, according to the Cadbury Report (1992). A corporation is an entity typically a collection of individuals or a business that has been granted permission by the state to function as a single unit (a legal entity, or a legal person in a legal context), and that has been officially recognised as such by the law for certain purposes. Being a legal entity, a company exists independently of its owners, known as stockholders. With the majority of a real person’s rights and obligations, a company is regarded as a “person”. A company pays income taxes but is not permitted to vote or run for public office. A stock exchange is where publicly traded companies trade their stock. A public corporation may have hundreds, perhaps millions, of shareholders. Privately held companies often have a small number of owners and their stock Is not traded on an exchange. An organization's system of control and operation, as well as the procedures by which it and its members are held accountable, are all included in governance. Governance includes administration, compliance, ethics, and risk management. A useful definition of ”corporate governance” is given by the OECD, which states that it is “the system by which business corporations are directed and controlled.”827 views
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Pages 206 - 212Reports of purported international corruption involving large firms and governmental authorities of the host countries are frequently featured in the media. For example, in 2002, owing of purported irregularities in the plant’s commissioning, Thames Water, the largest water utility in Britain, was asked to renegotiate a contract to manage a $891 million Turkish Water plant. Investigations were also conducted against many Turkish government officials for possible wrongdoing in granting a government guarantee for the project. However, despite widespread media coverage of these cases, accusations of big corruption have not decreased. Following special audits ordered by the UN High Representative in Bosnia, the British Serious Fraud Office (SFO) began looking into the London-based power trading company EFT in 2005 for possible corruption in the Balkans. The claim was that representatives of a state-owned power company may have accepted bribes in order to negotiate favourable electricity-swap agreements with private businesses, and that $11 million in US government funding intended to supply electricity to the region’s war-torn states was instead transferred to offshore accounts. More recently, the SFO’s choice to end the inquiry Another example is the widely reported claims of bribery surrounding BAE’s arms negotiations with Saudi Arabia.653 views
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The Effectiveness of Bilateral Investment Treaties in Promoting Foreign Direct Investments
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 213 - 220International investors frequently have doubts about the strength of national institutions and the ability of the law to be upheld in emerging nations. Certain standards of treatment are guaranteed by Bilateral Investment Treaties (BITs), which can be enforced through legally binding investor-state dispute settlement outside of the home legal system. The declared goal of bilateral investment treaties (BITs) is to insulate developing nations from political and other dangers so that they can attract more foreign direct investment (FDI), which is why developing nations agree to accept limits on their sovereignty.796 views -
Bangladesh’s Sustainable Development Goals Implementation: Achieving Equitable Sustainability by Integrating Environmental Justice Principles
Assistant Professor at Department of Law, Premier University, Chattogram, BangladeshPages 221 - 247This article delves into the role of incorporating environmental justice principles into Bangladesh’s efforts to achieve the Sustainable Development Goals (SDGs). By examining the circumstances of the nation, the vulnerabilities faced by marginalized communities and the intricate link between social issues, it advocates for a comprehensive strategy to foster fair and sustainable development. The paper emphasizes the significance of environmental justice principles like participation, recognition, procedural fairness and substantive fairness in ensuring access to environmental benefits, fair distribution of environmental burdens and meaningful involvement of all communities. It also illustrates how these principles are relevant to SDGs such as eradicating poverty, addressing climate change and promoting health and well-being. Additionally, it delves into both the opportunities and obstacles associated with integrating environmental justice rules into Bangladesh’s SDG agenda. While recognizing advantages stemming from government dedication, a civil society and opportunities for global collaboration along with innovative financial mechanisms are highlighted. Challenges, like limited awareness levels, conflicting priorities and data deficiencies are also acknowledged. The article wraps up by suggesting ways to promote fairness within Bangladesh’s SDG framework, such, as enacting policy changes, conducting research and training programs, exploring new funding methods and ensuring thorough monitoring and assessment. It also proposes areas of study to delve into how environmental justice intersects with SDGs in developing nations. By giving importance to environmental justice principles and following the recommended actions, Bangladesh can make strides towards achieving sustainable development for all its people.855 views -
Pages 248 - 259Violence against women and girls is still one of the most widespread human rights violations in the world. Globally, an estimated 736 million women, nearly one in every three have experienced physical and/or sexual intimate relationship abuse, non-partner sexual assault, or both at least once in their lifetime. The World Health Organization (WHO) multi-country study on women's health found that 15–71% of women (aged 15–49 years) have experienced violence physically or sexually by their intimate partners at some point in their lives. The few studies available also indicate that physical abuse on Indian women is quite high, ranging from 22% to 60%. A recent survey revealed that violence against women is the fastest-growing crime in India. According to the most recent report published by India's National Crime Records Bureau (NCRB), a crime against women has been reported every three minutes in India. Every 60 minutes, two women are raped in this country. Every six hours, a young married lady is discovered beaten to death, burned, or committed suicide. Violence against women is a significant socioeconomic, human rights, and public mental health issue. Domestic violence is widely recognized as a global public health issue, with many public, private, and governmental institutions making significant efforts to tackle it in India. The various causes that might spark violence within the four walls of a house must be carefully examined, and an in-depth analysis of the elements resulting in domestic violence needs to be conducted. The paper focuses on the increasing prevalence of domestic violence and its impact on society. This article will address the barriers and problems that have led to an increase in domestic violence cases and also its impacts. It will additionally put forward suggestions to reduce domestic violence incidents.855 views
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Human Organ Transplantation in India: Issues and Challenges
Graduated from NALSAR University of Law, IndiaPages 260 - 286The field of human organ transplantation in India has seen significant growth since the 1970s, particularly with the inception of kidney transplants. Despite advancements in transplant techniques improving health outcomes for patients, there remains a stark imbalance between organ demand and supply, largely due to low cadaver donations influenced by social and ethical factors. This scarcity has led to the proliferation of unethical practices such as organ trafficking and commercial transplants, posing serious violations of individuals' rights and international obligations. The primary legislation governing organ donation and transplantation in India, the Transplantation of Human Organs Act of 1994, aims to regulate these procedures and deter commercial dealings in organs. However, despite its existence, challenges persist, including the limited focus on brain death, inconsistent interpretation and implementation of the law, and inadequate increase in deceased donor numbers. This paper seeks to delve into the multifaceted challenges surrounding organ transplantation in India, aiming to propose reforms to address unethical practices and bolster organ supply. Through a comparative analysis with international frameworks, the study aims to identify best practices and recommend changes to align the Indian legal landscape with global standards. The significance of this study lies in its potential to enhance access to life-saving organ transplants for patients in need, given the substantial gap between demand and availability. Moreover, addressing unethical practices not only upholds fundamental rights but also fulfills India's international obligations. Key challenges include the shortage of deceased donors, complex donation procedures, lack of awareness, and inadequate infrastructure for organ management. By critically examining the existing legal framework and drawing from international experiences, this research aims to pave the way for legislative reforms that regulate unethical practices and promote organ donation in India. Ultimately, the study endeavors to contribute to a more ethical and efficient organ transplantation system that aligns with constitutional principles and international norms, thereby improving healthcare outcomes and safeguarding human rights.1,339 views -
Effects of Legal Education on Legal Culture: Comparing France and England
Student at University of Glasgow, UKPages 287 - 293This essay critically examines the influence of legal education on legal culture during the early modern period, focusing on the comparison between the English common law and European civil law systems. It first outlines the structure of legal education in England, noting the role of the Inns of Court and the distinctive approaches to teaching law to barristers and attorneys. The impact of such education on the development of common law, the doctrine of law, and advocacy skills is explored, emphasizing the elitism and exclusivity of legal education in England. The essay then shifts to discuss the Continental model of legal education, particularly in France, where a focus on textual analysis of canonical and civil law texts prevailed. It highlights the codified nature of civil law and the significant role of legal scholars in shaping the legal culture in Europe. Through a comparative analysis, the essay underscores how these divergent educational models have historically influenced the respective legal cultures, shaping the conceptualization of the law, modes of reasoning, and approaches to legal interpretation in both systems. The essay concludes that legal education profoundly impacts legal culture, evident in the contrast between the common law's emphasis on case law and civil law's reliance on codified statutes.652 views -
Pages 294 - 304Employment protection rights are fundamental components of labor laws and regulations worldwide, safeguarding the rights, duties, and responsibilities of employees. This study conducts a bibliometric analysis spanning from 1961 to 2023 to comprehensively explore the landscape of research concerning employment protection rights. The analysis encompasses publication trends, major journals, country-wise contributions, affiliations, authorship, and key thematic areas within the literature. Notable findings include a steady increase in publications over time, with significant growth observed from 2018 onwards. Major journals covering this topic include the Common Market Law Review and the Industrial Law Journal. The United Kingdom emerges as a leading contributor in terms of both publications and citations, followed by Australia and Russia. Prestigious universities such as the University of Cambridge and the University of Sydney are associated with higher citation counts. Thematic areas within the literature encompass diverse topics such as collective action for employment protection, intersections of employment rights with religious freedoms, and legal protections for gig workers and whistleblowers. This analysis provides valuable insights into the global landscape of research on employment protection rights, highlighting emerging research gaps and paradigms for future investigation.532 views
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Fixed Term Employment Arrangements under Industrial Relation Code 2020: Examining Legal Frameworks and Implications
Associate Professor at G.H. Raisoni University, Saikheda, M.P., IndiaPages 305 - 311This paper explores the recently introduced concept ‘fixed-term employment’ under the Industrial Relations Code, 2020, focusing on its nuances, intricacies and rationale behind insertion of this provision.715 views -
A Study of Forensic Geomorphology and its use in Forensic Science
Student at Saveetha School of Law, Saveetha Institute of Medical And Technical Sciences (SIMATS), IndiaPages 312 - 326Geomorphology is an important field in geo-forensics, particularly in searching for surface or buried objects and collecting evidence at crime scenes. While other geoscience disciplines have been extensively studied in forensic investigations, geomorphology has not received as much attention. This is surprising considering the crucial role that the location and evolution of a crime scene play in legal inquiries. This article aims to address this imbalance by highlighting the historical and on-going relevance of geomorphology in forensics, including sociology, archaeology, criminalistics, and geo-forensics. The use of aerial photography to interpret landscapes and save time in locating a hidden grave is presented as an example. Additionally, the application of geomorphology in military/humanitarian geography and environmental/engineering forensics, which are also frequently evaluated in courts, is briefly discussed.702 views -
Pages 327 - 378A revolution has taken place in the manner in which creative work is produced, distributed, and consumed as a result of the rapid advancements in digital technology and the explosion of the Internet. A priority for artists, users, and policymakers alike in this digital world is the preservation of intellectual property rights, particularly copyrights. This is especially true for copyrights. A comprehensive review and analysis of India's digital copyright legislation is presented in this article. The essay focuses on the law's most important aspects, as well as its issues and ramifications. Copyright Act, 1957, which has been revised many times to better represent the digital environment, is the primary source of the legal foundation that the Digital Copyright Act of India is based on. Written works, creative works, musical works, and cinematic works are all examples of the types of works that are protected by copyright under the law. In addition to providing remedies for unlawful use, it allows the author the exclusive right to copy, distribute, modify, and perform the work. When it comes to the enforcement of digital rights law in India, the prevalence of online piracy is one of the most significant difficulties that this article eloquently highlights. Copyright holders frequently confront incidents of unlawful copying, distribution, and public performance of their works. This is largely attributable to the ease with which digital content may be copied, shared, and distributed. Recognizing and punishing those who violate copyright has become even more difficult as a result of the proliferation of internet platforms, social media, and file-sharing networks. However, in order to counteract infringements of copyright that occur online, the Indian legal system offers takedown notifications and remedies to copyright owners. The focus of this article was on the purposes of India's digital rights law, which are to safeguard the rights of artists while also fostering innovation and providing access to knowledge. The protection of intellectual property in the digital era is based on legal frameworks, which include international treaties, fair use laws, and enforcement mechanisms. Despite the fact that issues still exist, these frameworks offer a basis.717 views
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The Legal Landscape of Virtual Digital Asset Contracts in India: Challenges, Milestones and Implications
Student at Amity University Madhya Pradesh, IndiaPages 379 - 395The global economy was rocked by the 2008 financial crisis, which also permanently changed how the public views conventional banking institutions. Parallel to this, a disruptive force in the shape of virtual digital assets arose, intended to do away with middlemen like banks and completely alter the financial environment. After fourteen years, these virtual digital assets have established an irrefutable presence, and the fight to influence the financial future has reached a captivating stage. The antiquated correspondent banking system, which dates back to the Medici era and still serves as the foundation for the majority of foreign transactions, is at the centre of this transition. However, because it relies on manual transaction records, this outdated system is inadequate to meet the needs of the quickly developing digital payments sector. The effects of this change go well beyond financial institutions; it has the ability to positively impact all facets of society. India's journey through the virtual digital assets landscape reflects a global struggle to adapt to this digital paradigm shift. The absence of comprehensive regulations leaves room for ambiguity, making it imperative for the Indian government to clarify the legal framework surrounding virtual digital assets. The impact of virtual digital assets extends far beyond national borders, necessitating international cooperation and coordination in regulatory efforts. As the world seeks to adapt to this digital revolution, India's stance on virtual digital assets regulation will have ripple effects on the broader global financial ecosystem. This paper delves into the regulatory landscape of virtual digital assets in India, a nation grappling with the multifaceted challenges posed by this transformative technology. To date, Indian regulations have primarily focused on taxation related to virtual digital assets trading income, alongside guidelines for cryptocurrency-related advertisements. Yet, a crucial ambiguity persists—the legal status of cryptocurrencies in India remains unclear.776 views -
Constitution, Enforcement and Refusal of Foreign Arbitral Awards
Student at Amity Law School, Noida, IndiaPages 396 - 407This research explores the constitution, enforcement, and refusal of foreign arbitral awards within the legal framework of India, both domestically and internationally. The study delves into the fundamental principle of minimal judicial intervention, crucial for fostering a pro-arbitration environment and attracting foreign investment. Despite efforts to streamline enforcement procedures, numerous obstacles impede the recognition and enforcement of arbitral awards, necessitating international cooperation and treaty agreements such as the New York Convention and UNCITRAL Model Law. Drawing from existing literature, the paper analyzes various aspects of foreign arbitral award enforcement in India. It reviews multilateral treaties, such as the New York Convention of 1958 and the Geneva Protocol of 1923, shedding light on the requirements and limitations surrounding enforcement. Additionally, it scrutinizes the legal frameworks adopted by different countries, highlighting deviations and emerging trends. The research identifies key issues pertaining to the enforcement of foreign arbitral awards, including challenges related to public policy, judicial intervention, and compliance with international standards. Through a comprehensive examination of relevant literature, the study aims to contribute to a deeper understanding of the enforcement landscape in India and its alignment with international best practices.813 views -
Navigating Emotions and Cognition: The Psychology of Effective Mediation and Negotiation (ADR)
Student at Symbiosis Law School, Hyderabad, IndiaPages 408 - 423Negotiation and dispute resolution are essential processes in human interactions that impact personal relationships, organisational dynamics, and social harmony. Psychology provides essential insights into the psychological, social, and cognitive mechanisms that influence negotiation and dispute resolution results. The study shows that using different negotiating strategies may lead to effective dispute resolution. It is proposed that global conflicts should use negotiation to resolve disagreements, regardless of whether it is a negotiated conflict or conflict resolution. Emotions are crucial in the process of resolving disputes, yet they are frequently not comprehended or dealt with effectively by the involved parties. Professionals assisting in dispute resolution also often struggle to control and manage these emotions. A good negotiator or mediator must consider the economic, political, and physical components of the process, as well as the psychological and emotional dynamics of themselves and other parties involved. This paper aims to: delineate the primary approaches used in mediation and negotiation processes; define emotions and their significance in resolving legal disputes through negotiation and mediation; and investigate methods for managing and enhancing the psychological conditions in negotiation and mediation procedures.928 views -
Navigating the Cradle: The Changing Dynamics of Parentage, Custody and Guardianship in India
Student at Amity Law School, Kolkata, Amity University Kolkata, IndiaPages 424 - 434Ancient religious texts have offered varying perspectives on the concepts of custody and guardianship. However, upon closer examination of these texts, a recurring theme of paternalistic values becomes apparent, further reinforced by the application of the Parens Patriae principle. The dawn of the 18th century, while changing the aspects of human rights consequently started reshaping global theories of parentage. New societal and cultural norms, along with a heightened emphasis on gender equality and empowerment, ushered in the era of evolution of family structure. Now, at the crux of this transformation lies the paramount concern for the welfare of the child and the recognition of equal parental responsibility. These shifts have had profound and far-reaching implications for family laws worldwide and India is no stranger to the same. This study seeks to explore the historical and contemporary dimensions of custody and guardianship, with a special focus on India. It aims to delve into the historical roots of parentage, custody, and guardianship in India, tracing the trajectory of legal provisions and societal perceptions. This paper also attempts to shed light on the nuances and complexities of Indian courts in such family matters. The paper concludes by emphasizing the critical need for ongoing legal reforms and societal dialogue to harmonize custody and guardianship laws with the evolving realities of Indian families. It is imperative to navigate the cradle of family law with the sensitivity to the diverse needs of all involved parties, especially the children at its heart.928 views -
Are Diplomats Really Immune?: Assessing Devyani Khobragade Case in International Law
Student at O.P. Jindal Global University, IndiaPages 435 - 442This paper delves into the intricate dynamics of international law and diplomatic relations through an analysis of the Devyani Khobragade incident. Part I introduces the concept of diplomatic and consular immunities, emphasizing their significance in maintaining harmonious state interactions. It narrates the background of Khobragade's arrest in the United States, highlighting the legal implications and challenges concerning the legality of her arrest under the Vienna Convention on Consular Relations (VCCR). Part II explores the retaliatory measures taken by India following Khobragade's indictment, including her elevation to diplomatic status under the Vienna Convention on Diplomatic Relations(VCDR) and subsequent persona non grata declaration by United States. Scrutinizing the repercussions of these actions on diplomatic norms and international jurisprudence, this paper interrogates the abuse of immunity, the delicate equilibrium of interests between sending and receiving states, and the conspicuous absence of mechanisms to resolve diplomatic disputes. . The emphasis is on analysis of the manner in which it was dealt with by the concerned states in the absence of courts with compulsory jurisdiction for such issues and the Consequences arising thereof. By exploring the tensions between sovereign equality, diplomatic immunity, and political motivations, this research underscores the need for reform in diplomatic protocols and mechanisms for addressing diplomatic disputes. Ultimately, the Devyani Khobragade incident serves as a catalyst for broader discussions on the efficacy and fairness of diplomatic immunity and the preservation of international order amidst sovereign disputes.938 views -
Children as Offenders and Victims of Crime: An Analytical Study on their Place in the Criminal Justice System with special reference to India
Student at Hidayatullah National Law University, Raipur, IndiaPages 443 - 448This article deals with the topic of the treatment of children in various criminal justice systems across the world, with special emphasis on India. It aims to examine how children are treated when they are the offenders committing the crime and how they are treated when they are the victims of a crime. Starting off with the introduction, the article aims to define who a child is according to law and what the rights of a child are. The next part deals with children as victims of crimes and how this victimization of children is actually brought about. This part entails a brief overview about the types of child victims and how crimes committed against them have a negative effect on them. The next part deals with children as offenders. This part entails a brief overview on how a child tends to become a criminal and what can be done to prevent the same from happening. The next part deals with how it is often the child victims who turn into criminals due to a variety of factors. This article has tried to bring forth how the criminal justice system affects these children.675 views -
Partners in the Nature of African Customary Marriage: Luo Wedlock Perspective, Kenya
PhD student at Jaramogi Oginga Odinga University of Science and Technology, School of Business and Economics, KenyaPages 449 - 461This paper focuses on partners in the nature of African Customary marriage; the Luo wedlock perspective, Kenya. Any state has no higher duty than to ensure that the institution of marriage is protected and the rights of the partners in the nature of the marriage are respected. It is important to note that, occasionally the Judicial officers tasked to determine the validity of the African customary marriages treat it as live-in relationship and the presumption of the nature of marriage by cohabitation and an act of general repute. The Luo Community had certain customary rites performed before the wedlock is declared. This study adopted desktop/online research design. The researcher gathered primary data from the Kenya constitution 2010, the statutes and the cases. The secondary data was sourced from journals, law text books and periodicals. The study revealed that African customary marriage has procedures and customary rites to adhere. I may conclude that Marriage Act 2014, has amplified the ingredients of a valid African Customary Marriage.610 views -
Aadhaar-Enabled Payment System: A New Threat to Secure Banking
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 462 - 474Individuals who have their bank accounts linked with their Aadhaar number can use the Aadhaar Enabled Payment System (AePS) for banking transactions. This system was introduced for the benefit of rural people because it was difficult for them to access the Unified Payment Interface (UPI) as they lacked facilities like Smartphones and active Internet connection. In the current digitalized world, the AePS plays an important role as it helps the citizens of India access various government benefits and facilitates banking transactions easily. But it also brings out the significant concern of misuse of Biometric data associated with Aadhaar. This Research paper is about the potential misuse of Aadhaar Biometrics to perform banking transactions. The paper aims to provide a comprehensive study of the issue and provide effective solutions for the same. The paper begins with understanding the benefits and importance of Aadhaar in today’s world. It then explains the data involved in Aadhaar, its vulnerability to misuse, and elaborates on the problems that arise due to breaches of Aadhaar Data and Biometrics. The research further studies Identity theft and Banking fraud associated with the misuse of Aadhaar Biometrics. The paper analyses and evaluates the existing legal frameworks that cater to the issue of Aadhaar data breaches. The paper provides effective solutions to mitigate the risks associated with the Aadhaar Data and Biometrics Breach and improve the AePS to provide a safe banking experience.832 views -
Acquisition of Air India by TATA Group
Student at Amity Law School, Noida, IndiaPages 475 - 485Significant interest and conjecture have been generated by the planned acquisition of Air India, the national airline of India, with Tata Group, one of the biggest corporations in the nation, in both the commercial and public domains. This abstract provides a thorough analysis of the economic, strategic, and socio-political aspects of the environment surrounding this proposed acquisition. The combination has the potential to revive Air India's economy, which has been struggling financially for a long time. The combination of Tata Group's financial resources and management experience with Air India's vast fleet and infrastructure has the potential to make the combined company stronger and more competitive in the aviation sector. Additionally, operational synergies, cost savings, and higher service quality might result from the combination, strengthening the entire value offer for stakeholders and customers. From a strategic standpoint, the combination supports the goals of the Tata Group, which include fortifying its position as a diverse conglomerate and increasing its footprint in the aviation industry. By incorporating into the Tata Group's ecosystem, Air India may have access to a greater range of resources, such as marketing, distribution channels, and technology, which would improve its ability to negotiate the fiercely competitive international aviation market. Beyond commercial concerns, the acquisition has social and political ramifications. Being India's flag carrier, Air India has great symbolic value, and each choice about its ownership is fraught with nationalist and historical feelings. The storyline is further complicated by the presence of the Tata Group, a reputable company in India's business world with strong links to aviation history. The combination may cause people to yearn for the times when Tata Airlines established civil aviation in the nation and may also give rise to discussions over state control and privatization of key businesses. In summary, the combination of Air India and Tata Group is a complex phenomenon with wide-ranging effects. It highlights issues of national identity, economic policy, and corporate strategy even as it has the potential to support Tata Group's aviation goals and alleviate Air India's operational concerns. The result of this acquisition will surely influence the future course of India's aviation sector as well as the country's larger socioeconomic environment, as players assess the benefits and drawbacks.1,271 views -
Pages 486 - 492Euthanasia is one of the most debated topics around the world where many critics does not endorse the concept and strongly believe that life is sacred and no one has the right to kill themselves. On the other hand, some are in the view of supporting the concept of Euthanasia believing that everyone has Right to End their life with dignity. Some of the Countries in Europe like Switzerland supports Euthanasia and many patients suffering around the world avail this service and critics has labelled this type of tourism as ‘Death Tourism’. Our paper aims to see Euthanasia recognition in India and some of the challenges faced by the concept of Euthanasia. Though Suicide or Abetment of Suicide is Criminal offence in India, the landmark cases like Aruna Shanbhag has made the Passive Euthanasia legalized in India in view of morality and humanity for terminally ill diseases. Many of the patients who opt for Euthanasia are suffering from malignancy diseases. It is important that many moral questions has to be considered and to be answered by the patients who opt for Euthanasia.954 views
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The Effect of Migration of Legal Texts to Americas between 1600- 1900
Student at University of Glasgow, UKPages 493 - 501The essay explores the transplantation and adaptation of Western legal models, notably English common law and French civil law, into the United States' legal system during its colonial and post-independence eras. It details the initial imposition of common law on American colonies, the post-revolution adaptation of these laws to fit the new nation's context, the significant influence of English legal texts on American legal education and jurisprudence, and the unique codification of French civil law in Louisiana. Additionally, it highlights the role of European enlightenment thinkers in shaping the U.S. Constitution's principles, particularly the separation of powers. The essay concludes by addressing the inherent tensions and challenges in assimilating foreign legal principles into domestic law, underscoring the complex interplay between legal inheritance and societal needs.605 views -
The Adoption: Unaddressed Moral Issues and Legal Problems in India
Research Scholar at NIMS University, Rajasthan, IndiaPages 502 - 506The family is a fundamental social institution. Most people have been a part of a family at some point in their lives, and those who did not enjoy family life have suffered greatly throughout their lives. There are many benefits to living with family for an individual. From early childhood to old age, the existence of a family is a fundamental aspect of all human existence. A child's family is their first source of socialization, and how they are influenced by them in their early years can have a significant impact on how they turn out in life. When it comes to discipline and healthy relationships, the environment at home prepares a child for learning socially acceptable forms of behaviour. Unhealthy relationships within the family, the absence of one or both parents, and parents who do not act as role models for their children are all factors that negatively impact a child's development. The right of a child to have a family is fully acknowledged and implemented at the international and regional levels through conventions and other legislative and judicial processes. One of them that can offer a child a peaceful, loving, and understanding environment in which to grow is the "ADOPTION" process. The study is about the moral issues and legal problems faced by the adopting parents in India. There is no uniform law for adoption. There have been instances of abuse. The study examines the current issues and the emerging problems due to lack of proper adoption laws in India.641 views -
Need for a Comprehensive Indian Law Regulating Personality Rights
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 507 - 514Personality rights are the rights of a person in relation to their personality. These rights are mostly important to celebrities because it is their personality and popularity that is exploited for commercial gains, and if exploited without their consent, could cause harm to their reputation. Personality rights can be divided into right to privacy and right to publicity. In the absence of a pre-existing statute in the area, judicial activism has widened the scope of personality rights in India. So far only Article 19 and 21 of the Constitution of India afford protection. Aside from trademarks, patents, copyrights and designs, now individuals, especially celebrities seek to protect their personality rights, thanks to the dynamic nature of this area of law. The situation has turned more quizzical for the legal fraternity as the advent of Artificial Intelligence has begun to push boundaries of identity with technologies like GAI and Deepfake. There is a huge lacuna in the Indian Laws since there is no recourse under Copyright Act, 1957 in the case of non-consensual commercial exploitation of a celebrity’s features such as style, likeness or voice. Because these things when generated by AI neither fall under ‘work’ as defined under the Act, nor are they regulated b Performers’ rights. This research paper seeks to delve into the nuances of existing law supporting celebrity rights, the lacunae and the necessary features that have to be included in a new, comprehensive law to fill the lacunae.917 views -
Illuminating the Labyrinth: A Comprehensive Framework for Due Diligence in M&A Transactions
Law Graduate from Dr. Ram Manohar Lohia National Law University, Lucknow, IndiaPages 515 - 527This research paper is an in-depth study of “Exemplary Practices in Mergers and Acquisitions: Achieving Optimal Execution of Due Diligence and Strategic Integration Methodologies.” The paper examines the critical role played by exemplary practices in the complex setting of mergers and acquisitions (M&A), underlining the most important aspect as regards optimal execution within due diligence and integration of strategic methodologies. In addition, it also explains some details on contractual documentation, corporate governance, and a critical examination of case studies to draw out insights about successful M&As. The research looks into challenges inherent in M&A transactions that need effective dispute-resolution approaches. Further, this article explores emerging trends during the digital times to shed light on how technology is revolutionizing M&A. It is based on the meticulous review of legal principles with practical applications to contribute to the existing knowledge gap in corporate law and for practitioners involved in M & As.781 views -
Pivotal Moments Across Eras: Significant Historical Events in the Evolution of IPR
Student at Chandigarh University, IndiaPages 528 - 536Intellectual Property is a term made up of two fundamental words i.e., intellect and property. The term Intellect means a person’s ability to learn, think and reason whereas the term property means ownership or possession of something, therefore, intellectual property can be defined as a creative and innate idea, literary, artistic, technical, scientific etc. work that is a result of application of a person’s own intelligence. Intellectual property is all about human creativity, ingenuity and innovation. Intellectual property although being a hidden property is an efficient source of generating wealth. The law recognises this fact and concocts property rights for such intellectual works and grants them to the creator which gives them exclusive use & exploitation of ideas for commercial ends Such rights are called Intellectual Property Rights. In essence, it can be asserted that intellectual property rights are the legal entitlements served to prohibit any unauthorized utilization of intellectual property for commercial or personal endeavour unless the holder of such property has given the permission explicitly. These rights include patents, trademarks, geographical indicators, copyrights and various other rights.691 views -
Sustainable Urban Development in Bihar: A Comprehensive Exploration
Student at Kirit P. Mehta School of Law, NMIMS, Mumbai, IndiaPages 537 - 545This paper delves into the challenges and goals of sustainable urban development in Bihar, India. Sustainable development, rooted in meeting present needs without compromising the ability of future generations to meet their own, necessitates a balanced approach considering environmental, social, and economic dimensions. The study identifies key challenges such as inadequate urban planning, limited access to public transportation, urban poverty, and slum proliferation. Drawing from empirical data, the goals of sustainable urban development are delineated, including ensuring decent, safe, and affordable housing for all, enhancing access to basic services, mitigating the impacts of natural disasters, preserving cultural heritage, and promoting inclusive urbanization. While the research methodology relies on secondary sources, the findings underscore the imperative for comprehensive strategies to address the multifaceted challenges and achieve sustainable urban development in Bihar. The paper concludes with a call for concerted efforts to realize the outlined goals and overcome the identified limitations, thereby fostering sustainable and inclusive urban development in Bihar.927 views -
Pages 546 - 559One of the incidences of fundamental rights of citizens as enshrined in the constitution of the Federal Republic of Nigeria (as amended) is an access to court and justice. The citizens of any country are expected to have free and unfettered access to their courts and tribunals where their grievances are ventilated and their rights determined in a properly constituted courts and tribunals. Justice is expected to be dispensed fairly and swiftly at all times without bias, fear or favour. This is because justice is the end of law as the law is a means to justice. However, access to justice was, within a recent time, marred and afflicted with the hydra-headed gorgons called COVID-19 which ravaged the entire globe and affected virtually all the sectors of economy including the courts. As a result, free access to court was restricted leading to technological innovations of virtual hearing of cases. This article examines this innovative technology called virtual proceedings in our adjudicatory jurisprudence. It tends to explore whether virtual hearings can be equated to public hearing as stipulated in the Constitution of the Federal Republic of Nigeria (as amended). It further considers the legislative effort to making virtual court proceedings part of the Constitution. This work is achieved through doctrinal methodology of the use of internet materials, statutory and judicial authorities. The work finds that virtual proceedings is restrictive and do not permit unhindered access of members of the public to any judicial hearing. It finally recommends that in order to put an end to the lingering controversy surrounding virtual court proceedings, the Constitution must be amended to incorporate virtual hearings or sittings into our body of law.740 views
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Competition Law and Intellectual Property Rights
B.L.S LLB Student in IndiaPages 560 - 573Competition law in India is designed to prevent anti-competitive practices, ensure fair competition, and protect the interests of consumers and market participants. The Indian Competition Act of 2002 is the cornerstone of the country's competition policy, administered by the Competition Commission of India. This framework addresses issues such as anticompetitive agreements, abuse of dominant position, and merger regulations. Despite having robust laws on paper, the enforcement of these regulations has faced challenges, including overburdened courts and allegations of corruption. The Indian market is characterized by a high level of ownership concentration, often dominated by family-run business groups. This has raised concerns about practices such as pyramiding and tunneling, which may gravely affect minority shareholders. Nevertheless, significant reforms, particularly since 1991, have been making strides in enhancing transparency and market fairness, attracting institutional and foreign investment. This essay examines the evolution of competition law in India, its impacts on market practices, and the intersection of corporate governance with competition policy. It discusses the role of regulators such as the Securities and Exchange Board of India and the National Stock Exchange in aligning with global transparency standards and fostering a more competitive economic environment. Trademark is nothing but any term, the name, symbol, or other marking that is used to identify and set one product or service apart from another. Even if the consumer is unaware of the source, trademarks serve as additional indicators of the items' origin. Unlike before the start of the Industrial Revolution, when there were few manufacturers and every consumer knew the producer personally, consumers nowadays typically do not know the manufacturer of the items directly.709 views -
Death Penalty in the POCSO Act and its Impact
Advocate at Rajasthan High Court, IndiaPages 574 - 579This paper outlines the impact of the introduction of the death penalty in the crime related with the POCSO Act, this article further highlights the amendments made by the legislation in this area and on several instances the guidelines laid down by the Hon’ble Supreme Court of India for its implication in the crime under POCSO Act. There is a strong intuitive appeal in the government’s position because it invokes an easy logical assumption that a harsher punishment will deter potential perpetrators. Amendment made by the government for the death penalty further outline it approach to address the need for stringent measures required to deter the rising trend of child sex abuse in the country.789 views -
A Study on Media Trials under the Purview of Right to Information
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science (SIMATS), Chennai, IndiaPages 580 - 590The press and media have forever been viewed as the fourth mainstay of the Constitution. The media plays taken up the part of a guardian to turn into the voice of individuals concerning revealing treacheries, subsequently, utilising their ability to carry straightforwardness to the framework.Media has presently changed itself into a Janta Adalats or ‘public court’ and begun mediating in the procedures of the court. The imperative crevice between the convict and denounced is totally ignored by the media by keeping at stake the cardinal standards of ‘presumption of blamelessness until demonstrated guilty’ and ‘guilt past sensible doubt’. Presently what is being watched is a partitioned examination done by the media itself which is called a media trial. Along with examination, it incorporates shaping open conclusions against the suspect or the accused. Indeed some time recently the court took cognizance of the case. As a result of this, the open is biassed due to which the denounced who ought to have been accepted guiltless is assumed to be a criminal abandoning all his rights and freedom unrepressed. Preliminary by media is otherwise called analytical reporting or equal examination by the media when a case (criminal or common) is continuous in any court or skilled adjudicatory body.The rules that have been planned to control the news coverage and news coverage conduct are tragically lacking to avoid the infringement upon gracious rights This can include the media to infringe upon the privileges of the gatherings to procedures while practising its ability to speak freely and articulation. The aim of the research is to find the influence media trial has on the criminal justice system.660 views -
Amending Citizenship, Amending Alliances: How India’s CAA Impacts Geopolitical Dynamics
Student at Department of Law & Legal Studies, Mahatma Jyotiba Phule Rohilkhand University, Bareilly, U. P., IndiaPages 591 - 610The Citizenship Amendment Act (CAA), passed in India in 2019, has ignited a firestorm of controversy, sparking domestic protests, regional tensions, and international scrutiny. This research paper delves into the multifaceted impact of the CAA, analyzing its potential consequences for India's social fabric, regional security dynamics, and global standing. The Act's discriminatory provisions, which fast-track citizenship for persecuted minorities from neighboring countries excluding Muslims, threaten to exacerbate social tensions and communal divisions within India. Additionally, the CAA has strained relations with Bangladesh, Pakistan, and Afghanistan, potentially destabilizing regional security and hindering cooperation on counterterrorism efforts. Furthermore, the CAA has tarnished India's image as a responsible and democratic global power, eroding its soft power and complicating its diplomatic endeavors. The paper explores potential mitigation strategies for India to navigate these challenges. Amending the CAA to remove religious exclusions and promoting social harmony through interfaith dialogue and community outreach programs are crucial steps. Additionally, strengthening regional cooperation and engaging constructively with the international community can help rebuild trust and mitigate the negative impacts of the Act. Ultimately, the long-term consequences of the CAA hinge on India's response. By adopting a more inclusive approach, upholding its commitment to democratic values, and promoting social harmony, India can navigate this complex situation and emerge as a stronger and more united nation.1,126 views -
Right to Education
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 611 - 618The Right to Education (RTE) Act, enacted in India in 2009, aims to provide free and compulsory education to all children aged 6 to 14. This legislation is a crucial step towards achieving universal primary education and addressing educational disparities across the country. The RTE Act mandates various provisions such as infrastructure development, teacher recruitment, and curriculum standards to ensure quality education for all children. However, challenges persist in its effective implementation, including issues related to inadequate infrastructure, teacher shortages, and socio-economic barriers. This article provides an overview of the RTE Act, its objectives, key provisions, implementation challenges, and the progress made towards achieving its goals. Additionally, it discusses potential strategies to overcome the hurdles and improve the accessibility and quality of education for every child in India.731 views -
Importance of Cyber Security in Modern Agriculture
Student at Bharati Vidyapeeth (Deemed to be University), New Law College, Pune, IndiaPages 619 - 628Smart technologies are widely adopted in agriculture in order to meet the rise in food demands. Increased connectivity and automation also lead to the risk of cyberattacks on farms. The rising frequency of security breaches in a lot of industries shows the need to secure the food supply. “Smart Farming (SF)” and “Precision Agriculture (PA)” have gained a lot of attention over the years from both researchers and the agriculture sector. Both PA and SF are aimed to help farmers to use pesticides and fertilizers more efficiently using “Internet of Things (IoT)” devices but they pose new security threats to overthrow this purpose without proper countermeasures and awareness. A survey is needed on various security issues to improve awareness and pave further research paths in this domain. This study first discusses the security patterns of PA and SF. Next, this study conducts a review of cyberattacks which can violate all such aspects. Accordingly, this study presents existing areas of improvement and initiatives to ensure cybersecurity in farming. Finally, strategies related to risk mitigation and countermeasures have been studied and future directions have been proposed for further research. The main contribution of this study is classifying security threats in the domains of precision farming and smart farming to provide a taxonomy of threats to determine the behavior of attacks in both areas.566 views -
Protection of Environment: The Business and Corporation Perspective (Special Reference to CSR Activities)
Student at Amity Law school Noida, IndiaPages 629 - 635The natural environment we live in is vital to us as humans. It is the provider of all our basic needs and is extremely important for not just survival of life but also for its healthy sustenance. The environment we live in provides the air we breathe, the water we drink, the soil we grow our crops in, etc. It affects each and every aspect of living and so in this regard it is vital that the environment we surround ourselves with is one which is of good quality so that it is also reflected in our own lives. With globalization, we have seen many changes in the business world and its effect on the Indian business scenario. With liberalization and privatization as well we have seen the setting up of various businesses, factories, industries etc. which has greatly impacted the economic and other other conditions of the country. Without a doubt these houses of production and business have also had an effect on our natural environment as well. This paper aims to discuss the impact of businesses and production on our natural environment along with what laws, rules and regulations have been put into place inorder to protect the same. It also aims to discuss the steps taken by various businesses and companies to do their part in protecting the environment and reducing the damage done to it in due course of fulfilling their business processes. It also touches upon the CSR activities taken up by companies as a part of environmental protection.620 views -
Decoding India’s Right to Education: Access, Quality and Challenges
Student at Alliance University, IndiaPages 636 - 654The Right to Education (RTE) is a fundamental right enshrined in the Constitution of India, aiming to provide accessible and quality education to every child. This paper presents an analysis of the current status and significance of the Right to Education in India, exploring the effectiveness of its implementation and the challenges hindering its full realization. The study delves into the legal and policy framework surrounding the Right to Education, emphasizing the constitutional amendments and legislative acts that have shaped its trajectory. A comprehensive review of government initiatives, educational infrastructure, and budgetary allocations reveals the strides in enhancing access to education. However, the research also highlights persisting challenges, such as regional disparities, socio-economic inequalities, and insufficient resources, which impede the universalization of quality education. The significance of the Right to Education is assessed through its impact on social development, economic growth, and the empowerment of marginalized communities. Furthermore, the research sheds light on the qualitative aspects of education, evaluating the curriculum, teaching methodologies, and the overall learning environment. Insights from educational experts, teachers, and students contribute to an in-depth understanding of the ground realities and the need for continuous improvement.946 views -
Case Analysis: Scotch Whisky Association and ors. v. Golden Bottling
LL.M. student at Chanakya National Law University, IndiaPages 655 - 667It is not new to recognize a product through its geographical location. This is a major factor to grant the status of geographical indication to the product. This case of Scotch Whisky Association deals with the same issue of GI status of scotch. This is an important case that is related to the “Geographical Indications of Goods (Registration and Protection) Act, 1999” . The main sections in question are section 20(1), section 20(2), and section 67. The TRIPS Agreement has also been in question as well. The Scotch Whisky Association won the battle with Golden Bottling in the year 2006. The case went to the Delhi High Court . The Court upheld what the plaintiffs contended. According to the plaintiffs, the word “scot” can be traced back to a Scottish origin. Thus, usage of “scot” by Golden Bottling in its own brand can be treated as a violation of WTO rules. The concept of “geographical indication on goods” had been talked about in the judgement of this case. The defendant, Golden Bottling is a Jaipur-based company. According to Scotch Whisky Association , “Scotch whisky by law must be produced in Scotland and is protected as a geographical indication under WTO rules.” SWA also revealed that a lot of Scottish whisky sold in India, are actually fake bottles. To bring the issue to notice, the plaintiffs had even referred to the “Scotch Whisky Act”, 1988 . The Court agreed that violation of intellectual property rights had been done by Golden Bottling. The article here deals with an overall analysis of this case. The facts, issues, arguments, findings, a brief analysis, have been mentioned in the article. The case was finally decided in the year 2006. Some other cases which are similar to the Scotch Whisky Association case, have also been mentioned in the article below. Some Indian products that have been granted the status of geographical indication, have also been mentioned briefly in this article below. A separate segment has been mentioned that talks specifically about the situation of GI in India.1,520 views -
Pages 668 - 672Winding up of a company is the process whereby its life is ended, and its property administered for the benefit of its creditors and members. By the process of winding up, a company’s business operations are dissolved, and it starts selling of its assets to meet its liabilities. Winding up can be done either voluntarily by the company by passing a Special Resolution or by an outside party, such as a creditor or members of the company. A liquidator is appointed who takes control of the assets and discharge the liabilities. Winding up can be due to many reasons such as the company unable to pay off it’s debts or continue its operations. In this Research Paper, we will be covering a detailed analysis of situations in which a company can be wound up and various modes of winding up and declaration of solvency.931 views
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The Bangladesh Probation System has its origins in the British colonial period but its implementation is negligible. The probation system is based on reformative rather than retributive. This approach allows criminals to reintegrate into society by living in the community and reforming themselves. This study is conducted based on a qualitative method, where data is collected from 15 probationers of Tangail District which are conducted by face to face in depth interview method. The sample size of this study is 15. Here, probability sampling, and the convenience method is used for the data collections. Primary data are analyzed thematically. This study express that all of respondents come from marginalized socio-economic backgrounds and majority of the respondents have been convicted of illegal drug abuse. As the probationers reform themselves by facing various challenges, they are reintegrating into society. In order to reintegrate, they faced familial and societal discrimination and stigmatization. As a result self-stigma increases in them. Again, it can be seen that with the help of some people in the family or society, they are getting reintegration promptly. For the successful reintegration of probationers, the government can provide them with various forms of training, education, financial assistance and employment as well as promote the probation system to the public. There are scarce of research on probation systems. Therefore, through this research, it will be seen whether the purpose of probation is being properly fulfilled along with the development of the Bangladesh probation system. In the future, further study about probation will be helped by this study and this will assist as a framework for probation system research.911 views
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Pages 694 - 709This research paper talks about the realms of trademarks and copyrights intersecting with the disney characters. The two brain pods, Walt Disney and his brother Roy stepped into the world of animation and cartoons around the 1920s. The popularly known Walt Disney Studio was previously known as Disney Brothers Studio. The creative brothers tasted success by their introduction of “Mickey Mouse” to the world. This paper chalks the timeline of evolution of protection to these characters. This paper focuses on Mickey Mouse Protection Act and The Sonny Bono Copyright Term Extension Act, 1998. This paper delves into the history of disney and the role of IP in disney’s growth. We have also analyzed the copyright’s act and trademark act pertaining to animated characters in a multi-jurisdictional perspective. The applicability of Lanham Act of 1946 and how it aims to provide for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks. The popularity of disney and it strive to achieve global domination is highlighted. Its importance to many Indians has been a topic to delve upon. We have briefly dealt with Disney's journey to India and its effect in captivating the Indian audience. Despite major failure, disney still has over 500 million viewers actively watching and adoring the content on OTT platforms. This paper analyzes Mickey’s copyright protection post the expiration of the act. The Walt Disney company credits its success to AI by means of extensively working towards applying machine learning, artificial intelligence, and visual computing innovation in its works. We also looked into the Berne Convention which mainly deals with copyrights and how it has benefitted disney in protecting its characters. Not only Mickey Mouse has been looked upon but also other disney characters like Pluto, King Kong, Batman, etc.1,000 views
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As per UN Women, globally, one in three women is subjected to either physical or sexual violence by an intimate partner. 243 million women and girls between the ages of 15 and 49 had been the victim of such violence that were recorded in 2019. Thus, IPV is a major global health concern and has been exacerbated during the COVID-19 pandemic. India is no exception. IPV has been a long-standing issue in India, and the COVID-19 pandemic has exacerbated the problem. The pandemic has caused a significant increase in IPV, due to factors such as financial stress, job loss, and reduced access to services. The lack of access to services due to nationwide lockdowns has made it difficult for victims of IPV to seek help, as they cannot easily access police stations or crisis centres. This has made it difficult to report cases of IPV, and to get the necessary support and protection. Furthermore, the stigma attached to IPV in India has made it difficult for victims to seek help, as they fear that they will be judged or ostracized. This has made it difficult for victims to speak out about their experiences, and to access the support and protection that they need. In this backdrop, this paper seeks to examine the impact of COVID-19 and the lockdown thereof on the women experiencing intimate partner violence in India and the nation’s socio-legal approach to preventing the same.622 views
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A Critical Appraisal of the Legal Framework on Access to Environmental Justice in the Forestry Sector of Cameroon
Assistant Lecturer at University of Buea, CameroonPages 717 - 729This study critically examines the legal framework on access to environmental justice in the forestry sector of Cameroon which is a major aspect of the country’s environmental governance. There is paucity of legislation and ineffective application of the existing legal measures in ensuring environmental justice in the forestry sector of Cameroon. This is as a result of weak institutional support as management is most often deficient and the budget for conservation inadequate. The methodology used in this study is qualitative and the method adopted is the doctrinal method. This paper finds that the legal framework for environmental justice in the forestry sector of Cameroon is relatively weak. This is because from a review of the laws in Cameroon, there are regulations governing environmental protection but with actually little regard of environmental justice or the integration of environmental justice policies into the system. This explains why environmental costs and benefits are not equitably distributed in Cameroon. There is need for rigorous review and amendment of environmental laws which is inadequate in dealing with environmental justice concerns (provision of finance, management plans, and development projects).702 views -
Religious Freedom vs. Public Health: A Post Pandemic Scenario
Student at KIIT School of Law, KIIT DU, Odisha, IndiaPages 730 - 737The COVID-19 epidemic has sparked unprecedented reactions, which caused meaningful discussions about the boundaries of public health authority and religious freedom. Declarements of emergency at all governmental levels to mitigate the social effects of COVID-19 may modify constitutional standards, but they do not entirely nullify the freedom to gather and express one's right to free speech. However, no one has the absolute right to injure others in the name of their religion. A legally sound compromise can be found between the goals of community public health and individual religious freedom. There is debate concerning finding it during the epidemic. Governmental temporary orders to halt massive religious gatherings in order to preserve social distances are among the most divisive topics. Some religious leaders have loudly complained, but the majority have cooperated. The first step in coming to an agreement is evaluating the legal principles of separation. A question that often arises is did the nations who tightened their religious restrictions during the COVID-19 pandemic see a higher number of COVID-19 cases and deaths as compared to the nations that did not? Many religious institutions disobeyed laws prohibiting public worship during the epidemic, which alarmed many commentators, decision-makers, and opponents of religion that churches, mosques, synagogues, and other places of worship serve as COVID-19 breeding grounds. This perspective saw religious freedom as a barrier to the fight against the virus. We assess this claim in this article. We discover that greater rates of COVID-19 cases and fatalities were not more likely to occur in nations that preserved their levels of religious freedom during the epidemic. The outcomes hold up well under various model parameters.675 views -
A Study to Combat Human Trafficking in Perspective of Cross-Border Trafficking with Special Reference to Immoral Trafficking Prevention Act, 1956
PhD Scholar at K.R. Mangalam University, IndiaPages 738 - 757Human trafficking is a highly profitable criminal activity that generates billions of euros. However, the low number of convictions is partly due to the fact that trafficking cases are often prosecuted as other crimes instead of being prosecuted as human trafficking. Judicial proceedings rely almost exclusively on victims' statements, but effective financial research is an important tool for obtaining evidence and risk assessment. To guarantee the rights of trafficking victims, states must rely on organizations with expertise in developing legal frameworks and comprehensive policies against trafficking. There is a need to establish formal channels for the participatory role of social organizations specialized in detection procedures and offering assistance to trafficking victims. There are no international standards regarding the nature, duration, and purpose of the recovery and reflection period for human trafficking victims. This lack of clear standards causes significant variation in national practices and confusion regarding necessary requirements for obtaining this measure. The residence permit is an important measure to guarantee victim protection and increase the likelihood of a victim cooperating with authorities for criminal prosecution. It is essential that states do not take criminal action against victims for offenses related to their trafficking situation, such as carrying false passports or working without authorization. Identifying and sharing best practices among national authorities is an effective tool to progressively improve detection and victim assistance standards. The right to an effective remedy is a fundamental human right of all individuals, including victims of trafficking, who must be respected, protected, and satisfied by the state in accordance with international human rights standards. The United Nations Special Rapporteur on trafficking in persons emphasizes that compensation for victims is a guarantee of non-repetition, as well as their right to related matters that allow them to truly exercise their right to an effective remedy under free and secure conditions.686 views -
Struggles in Criminalizing Marital Rape
Student at Vivekananda Institute of Professional Studies, Delhi, IndiaPages 758 - 760Marital rape is one of the gruesome crimes committed in our society and yet no machinery is present to punish the wrongdoer. Section 375 of Indian Penal Code, 1860 and even Bhartiya Nyaya Sahnita, 2023 offers a protection to the husband, an immunity which shields him from being convicted of rape against his own wife. The blanket immunity given by criminal law is an unjust one, since it yields away the basic right of a woman i.e. to deny forcible sexual intercourse. A woman being denied of the right against forcible sex is erroneous, but in the same breath, the exception granting protection to the husband is also just. The injustice occurs when a group of people are not protected against a crime, but it is not unfair to protect a group of people from being wrongly prosecuted of a crime. Protection to the husband from rape is necessary to avoid false allegations or undelivered justice and yet absence of a legal provision protecting integrity of a woman is sinful. This article discusses the legality of the immunity granted to husbands and the significance of the basic right of a woman’s physical integrity.649 views -
How to get around Species Patenting: Balancing Innovation with Ethics
Student at The Maharaja Sayajirao University of Baroda, IndiaPages 761 - 771The dynamic and complicated field of species patenting sits at the nexus of ethics, law, and technical advancement. It provides opportunities and constraints for both the capacity for innovation and ethical management of genetic resources. This article examines the legal framework, moral dilemmas, historical background, and financial effects of patenting species. It looks at how modern technologies like gene drives, artificial biology, and CRISPR-Cas9 might also shape the future of species patenting in addition to outlining legislative ideas for promoting transparency, equity, and ethical responsibility. The significance of striking a balance between innovation and morality, the effects of species patents on biodiversity and indigenous rights, and the potential for collaboration in addressing global concerns are some of the major subjects covered.508 views -
Reel Riders in Cyber Space Unmasking the Social Media Traffic Violators
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 772 - 784The very objective of the police patrol is to keep a particular area safe and crime free. Likewise, in this modern era, cyber-crimes need cyber patrol. Through empirical research method, this paper will analyse the data given by both the bikers and common people regarding the youngster’s craze for taking reels while riding motorbikes. And by checking the level of awareness in the minds of them about cyber patrol, we can get a clear picture of how far we are from establishing an efficient system of cyber patrol to control these reels which plays a vital role in instigating the youngster’s behaviour into these crimes. Using the data received from the survey, we can understand the thought process of youngsters. Consequently, we can build an effective system against this. Understanding this area is highly required so that it would give us a platform for building the best cyber infrastructure to track, patrol, and control these crimes. By Comparing the rules and regulations related to the offences under Motor vehicle act, provisions like reckless driving under IPC, film shooting permission guidelines, we highly recommend for creating a system of mechanism of registration and payment for regulating these activities. And the outcome of this research helps to address the existing gaps in the system.659 views -
Mental Health: The Need of an Hour
Student at Barrister A.R Antulay College of Law, IndiaPages 785 - 794The lengthy research paper discussing the need for increased understanding of mental health issues in modern culture is briefly summarised in this synopsis. The research paper examines several aspects of mental health, such as its background, societal views, and growing importance. It examines the state of mental health throughout the world while taking statistics, socioeconomic variables, and the effects of aspects of contemporary living such as technology, work-related stress, and shifting family dynamics into consideration. The research paper also examines the intersectionality of mental health, accounting for the effects of gender, cultural variances, and challenges experienced by the LGBTQ+ community. It highlights the financial impact that untreated mental health disorders place on businesses and the strategies needed to establish a mentally healthy work environment. It underlines the importance of mental health for children, youth, and adults as well as the workplace. The research paper also addresses the accessibility of mental health services, emphasising challenges, regional variations, and innovative approaches to enhance accessibility. A thorough approach to mental health should address the role of education in promoting mental health as well as government and policy measures. The argument made in the research paper's conclusion is that it is our collective responsibility to address mental health concerns by increasing awareness and offering support and education. It promotes a paradigm shift in cultural viewpoints by elevating mental health to the status of a vital component of overall wellbeing.599 views -
An Insight on Digital Age and Copyright Issues
Student at IFIM Law School, Karnataka State Law University, IndiaPages 795 - 811The emergence of the Digital Age has brought about significant changes in the creation, distribution, and consumption of creative works. This research paper delves into the intricate web of copyright issues that have arisen in this technologically driven era. With the widespread use of digital platforms, concerns regarding piracy, fair use, and the protection of intellectual property have become increasingly prominent. The paper explores the challenges posed by digital piracy to various creative industries and evaluates the effectiveness of current mechanisms for enforcing copyright in the online realm. It also investigates the evolving concept of fair use, analyzing how it adapts to the dynamic landscape of digital content creation and sharing. Technological advancements such as blockchain, artificial intelligence, and virtual reality present new frontiers for both innovation and copyright challenges. This research scrutinizes the intersection of technology and copyright law, examining how emerging trends impact the protection and utilization of intellectual property. The role of digital rights management (DRM) in safeguarding digital content is examined, along with its implications for user experience and legal considerations. Additionally, the paper assesses the rise of open-access models and Creative Commons licensing, exploring their impact on traditional copyright paradigms. The research critically evaluates the responsibilities and liabilities of digital platforms and content aggregators in the context of copyright infringement. It scrutinizes the legal and ethical dimensions, as well as the challenges associated with cross-cultural dynamics in online content distribution. In conclusion, this paper offers a comprehensive analysis of the complex landscape where the Digital Age and copyright intersect. By unraveling these intricacies, it seeks to contribute to the ongoing discourse on how legal frameworks, technological innovations, and societal norms can come together to address the multifaceted challenges posed by the digital revolution.613 views -
The Boundaries between Trade Rules and Climate Change Measures
Ph.D Research Scholar at Sikkim University, IndiaPages 812 - 820In the climate regime the dialogue of climate measures or policies has generally been limited as it has not yet led to any agreed resolution. Moreover, the topic of trade has often been a part of climate discussion, there has long been hesitancy among climate negotiators to tackle more with the international legal implications of the links between climate measures and trade system. The relation between the trade and climate change can no longer be ignored by either World Trade Organization (WTO) or the Conferences of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC). Trade restrictions in the form of Multilateral Environmental Measures (MEAs) that are claimed to relate climate concerns may take many forms and touching on many different WTO rules. The interface between trade rules and environmental measures has been typically analyzed in the effect of trade policy and the effect of environmental policy on trade. In this circumstances the questions might raise, whether trade liberalization leads to environmental degradation and whether more strict environmental policy (climate measures) has a detrimental effect on trade or not.591 views -
Use of Apps and Social Media Platforms in the Digital Era for Illicit Drug Trafficking and the Challenges faced by the Empowered Agencies/Officers
Assistant Director at National Academy of Customs, Indirect Taxes And Narcotics, Faridabad, IndiaPages 821 - 828The proliferation of drugs using the Darknet has become extremely common these days. The use of Darknet for placing for orders and use of cryptocurrencies is here to stay. The empowered departments/agencies/officers are required to upgrade their skill and train the personnel for a result oriented performance in unravelling the mystery of the Darknet transactions.888 views -
Sentencing Policy in Murder & Rape Cases in India with special reference to Victims Welfare
Civil Judge at Agra, U.P., India &Pursuing PhD at Invertis University, Bareilly, IndiaPages 829 - 840This research study examines India's murder and rape sentence policies, focusing on victim welfare. Studying the history of sentencing standards and the legal framework emphasizes the necessity for a victim-centered approach. It highlights inequalities and the lack of standard sentencing provisions in relevant portions of the criminal laws. Addressing issues, the paper provides Malimath committee proposals for a structured sentencing approach. It scrutinizes the judiciary's contradictions and sexism in sentence. Recently provocative comments and compromise suggestions highlight the need for legal changes. In conclusion, the study recommends court sensitization and public awareness efforts for humane and standardized punishment in India. The proposed changes seek to build a judicial system that punishes criminals and empowers survivors. The report claims this paradigm change is essential for social empathy and equality.652 views -
Pages 841 - 852Marriage in India is revered as a sacramental bond, bringing together not just two individuals but also two families. However, this longstanding tradition is gradually being supplanted by the Western phenomenon of Live-in Relationships. Unlike marriage, a live-in relationship is an arrangement characterized by cohabitation and intimacy without legal recognition under Indian laws. Consequently, women in such unions do not enjoy the same rights and protections afforded to married women. Nonetheless, recognizing evolving societal norms, certain rights akin to those of married women are being extended to women in live-in relationships. This article undertakes a comparative analysis of the rights available to women in both marital and live-in arrangements, shedding light on the changing landscape of intimate partnerships in contemporary India.676 views
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Deciphering the Legal Implications of Section 69 in BNS: A Comprehensive Analysis
Student at Sister Nivedita University School of Law, IndiaPages 853 - 861The article titled "Deciphering the Legal Implications of Section 69 in BNS: A Comprehensive Analysis." explores the legal framework surrounding sexual relations under false promises of marriage in India. Beginning with a prelude that underscores the historical challenges faced in addressing such cases, the article delves into the interpretation of Section 69, which criminalizes sexual intercourse obtained through deceitful means or false promises of marriage. It examines the scope of the provision, differentiating between unfulfilled promises and deliberate deception, while also analysing its comparison with Section 493 of the Indian Penal Code. Further, the article provides a comparative perspective by examining similar laws in other countries and offers a detailed analysis of the implications of Section 69, including concerns regarding endogamy promotion, ambiguity, potential misuse, and impact on individual autonomy. Finally, the conclusion reflects on the significance of Section 69 in safeguarding women's rights while acknowledging the need for careful consideration and possible amendments to address its criticisms and ensure fairness within the legal framework.1,637 views -
Pages 862 - 872Offences against men in contemporary Indian society have been a topic of increasing discussion and concern. In India, the legal framework has traditionally focused on protecting women and children from offences, often overlooking the fact that men can also be victims of crimes such as sexual assault, domestic violence, and harassment. Discussions about gender-based crimes in modern Indian society frequently overlook the experiences of men in favour of crimes against women. This paper aims to highlight the less-discussed but pertinent offences against men in India. Recent debates have highlighted the need for gender-neutral laws that give recognition to men as potential victims. This research emphasizes the need for gender-inclusive approaches in policy-making, legal reforms, and social interventions. These approaches are crucial to tackle the multifaceted challenges encountered by male victims and to advance gender equality and justice for all members of society. The conventional perception that men are perpetrators perpetuates stereotypes and gender inequalities. Men often hesitate to disclose their suffering due to societal expectations and the fear of being labelled as displaying “feminine behaviour”. Sections 354 and 375 of the IPC are analysed, emphasizing the need to create gender-neutral laws related to sexual violence in India. Offences against men in contemporary Indian society highlight the complex dynamics of gender-based violence and the need for a more inclusive approach to addressing such issues. Male victims of abuse often face unique challenges in seeking help and support due to societal expectations, stereotypes, and the perception that men should be strong and invulnerable. Furthermore, the men’s rights movement in India has raised issues regarding legal biases against men, particularly in the context of anti-dowry laws, divorce, and child custody. There is also a growing recognition of domestic violence against men, with discussions on the need for laws that protect men from intimate partner violence. The conversation around these issues is evolving, with various activists and legal experts advocating for changes that would make sexual offence laws gender-neutral and inclusive of all victims, regardless of gender. This reflects a broader shift towards acknowledging the complexities of gender-based violence and the importance of providing legal recourse for all victims. The study explores a range of offences against men, such as discrimination in society, physical and sexual abuse, and emotional abuse. It sheds light on the gaps in legislation and the challenges faced in accessing justice for male victims. The research aims to foster a better understanding of these issues and pave the way for more effective responses. By offering a thorough summary of crimes against men in Indian society, this study helps in providing a better understanding of victimisation and gender dynamics in a more nuanced way. In summary, the study examines the interplay between legal structures, societal perceptions, and the treatment of male victims of offenses, emphasizing the need for improvements in legislation and access to justice.1,564 views
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Core Competence of Successful Corporates
Professor at Atlas Skilltech University, IndiaPages 873 - 885Core Competence is the uniqueness of a company that makes it create new products and services to add value to the organisation. It is not easy for the other competitors to copy the company's core competence. Core competence is an organisation's efficiency in growing its business. This article highlights the skills required to identify and improve an organisation's core competence. Core competence differs from company to company. One organisation may have core competence in enhancing the quality of its products, and another organisation may have core competence in utilising the technology. This article listed many corporates which are very successful with their core competencies.755 views -
Child Support and Child Incarceration in India
Student at Tamilnadu Dr. Ambedkar Law University, IndiaPages 886 - 891We are brought up with the term that food clothing and shelter are the three essentials for life. There are many more things that are required for a healthy living. Children, being in the primary stage of their growth, they need proper maintenance, care and support. A man is responsible to provide maintenance to his parents, wife and children when they are unable to maintain themselves. The concept of child support arises when a child's parents decides to get separated or divorced. The child born from the marriage suffers emotionally and economically, so the parents are supposed to provide child support till the age of 18. The psychological health of parents whose children are incarcerated is a serious concern in India but largely ignored. This article provides the information regarding child support and child incarceration and the laws relating the same.682 views -
Corporate Traits & Lifting the Veil: A Research Study
Student at Amity University, IndiaPages 892 - 900The Companies Act 2013 is the fundamental guideline managing corporate substances in India, giving a broad design to their establishment, movement, and rule. Key to this framework are the characteristics that portray an association, including its legitimate person, limited hazard, and organization structure. Additionally, the guideline of lifting the corporate veil licenses courts to look past the facade of corporate person in unambiguous circumstances, expecting financial backers or bosses before long to get a sense of ownership with the association's exercises. This investigation paper means to explore these traits thoroughly, taking a gander at significant plans of the Companies Act 2013, achievement lawful decisions, and regularity advisers for depict their application in the Indian corporate setting.574 views -
Pages 901 - 919Refugee children in India face myriad challenges stemming from displacement, including limited access to education, healthcare, protection from exploitation, and participation in decision-making processes. Despite international human rights frameworks and India's constitutional commitments, refugee children continue to confront barriers to realizing their rights. This comprehensive article explores the current state of Indian refugee child rights in the contemporary world, analyzing challenges, progress, and strategies for advocacy. It examines legal frameworks, policy interventions, and grassroots initiatives aimed at protecting and empowering refugee children, while also identifying gaps and areas for improvement. By shedding light on the plight of Indian refugee children and advocating for their rights, this article seeks to foster greater awareness, solidarity, and action to ensure their well-being and dignity. Drawing on international legal instruments, including the Convention on the Rights of the Child (CRC), and domestic legislation such as the Juvenile Justice (Care and Protection of Children) Act, 2015, this article underscores the importance of recognizing refugee children as rights-holders entitled to protection, assistance, and participation. It calls for a rights-based approach that prioritizes the best interests of the child and ensures their access to essential services, including education, healthcare, and psychosocial support. Furthermore, the article highlights the need for concerted efforts by the Indian government, civil society organizations, and the international communities to strengthen legal protections, enhance collaboration, and invest in research and data collection to address the unique needs and challenges faced by refugee children. By upholding the rights of refugee children, India can demonstrate its commitment to humanitarian principles, promote social cohesion, and contribute to the well-being and dignity of all children, regardless of their status or background.886 views
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Tracing the origin of the concept of rule of law, to the legal philosophies of eminent figures like Justice Edward Coke and A.V Dicey, this paper delves deep into the evolution and significance of the rule of law, examining its principles such as supremacy of law, equality before law and the prevalence / predominance of legal spirit. Drawing from historical and contemporary perspectives this research paper explores the adoption and application of the principle of rule of law in India by emphasising it incorporation into the constitutional framework and the pivotal role that it plays in shaping governance and judicial decision making. In addition, this paper analysis several merits and demerits of rule of law along with it's key principles and provisions that have been enshrined and are protected by the Indian constitution. Further, it highlights the indispensable role that has been played by the Indian judiciary in upholding and strengthening the rule of law by landmark judgements. Providing a nuanced understanding of rule of law as a fundamental pillar of the democratic governance and legal order, this paper tries to give a comprehensive review of theoretical insights and practical implications of the principle of rule of law.1,075 views
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Transnational Legal Response to Deforestation
Student at Amity Law School, Lucknow, IndiaPages 928 - 949Deforestation poses a critical threat to global biodiversity, climate stability, and sustainable development. Addressing this complex issue requires coordinated transnational legal responses. This abstract provides an overview of the research paper titled "Transnational Legal Response to Deforestation," which examines the existing legal frameworks aimed at combating deforestation across borders. It evaluates the effectiveness of these frameworks, identifies key challenges hindering transnational cooperation, and proposes strategies for enhancing collaboration. By analysing case studies, empirical evidence, and existing initiatives, the paper aims to contribute to ongoing efforts to protect forests, mitigate climate change, and promote sustainable development worldwide.606 views -
Legal Status of Prostitution in India
LL.M student of J.B. Law College, Guwahati, IndiaPages 950 - 955Sex work has existed since the dawn of civilization and has been ingrained in Indian society since the inception of the institution of marriage. Lately, commercial sex work has become associated with instances of violence, discrimination, and exploitation. Sex workers is frequently regarded as taboo in Indian society, and insufficient attention has been devoted to its regulation. In this research paper, the researcher explores on the part whether prostitution in India is legalised or not. Both pre- and post-independence governments have enacted diverse measures concerning commercial sex work, alongside a plethora of literature discussing the potential legalization of this profession. While this research work also investigate the current scenario of the profession and the rights which are enjoyed by them, given under the constitution of India. Moreover, to limit the exploitation of the profession, the researcher also briefly explains the facts mentioned under the Immoral Traffic (Prevention) Act, 1956.1,278 views -
A Comparative Study of India, USA, UK, and France relating to the Separation of Powers
Student at Thakur Ramnarayan College Of Law, Mumbai University, Maharashtra, Mumbai, IndiaPages 956 - 968The concept of the separation of powers serves as a cornerstone of a transparent and accountable government. Its fundamental objective is to safeguard citizens' liberty by effectively implementing laws formulated by the state. The doctrine aims to prevent any single person or body from holding all the powers. It is imperative that the powers and obligations of each branch of government are clearly defined and kept separate to ensure the freedom of the people. The separation of powers is essential in upholding the principles of democracy and protecting the rights of citizens. The theory of the rule of law includes a fundamental component known as the separation of powers doctrine. It refers to the concept of keeping the legislative, executive, and judicial branches of government completely separate from each other. However, over time, the interpretation of the doctrine has changed significantly. The interactions between government organs in countries like France, the United States, the United Kingdom, and India clearly show this. The doctrine has evolved to recognize the interdependence of these organs, and it is now understood as a system of checks and balances. Although the classical interpretation of the doctrine is not applicable in the contemporary world, its intrinsic value cannot be negated. The core of the doctrine is still relevant today, as it calls for the distribution of central authority to avoid autocracy.996 views -
Freedom of Religion or Belief as a Human Right in India
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 969 - 985India is a model for religious harmony where people of different religions live peacefully and in harmony. It has a great heritage." Religion is a question of conviction or trust. The Indian constitution guarantees the right to freedom of religion under Articles 25 to 28 because it acknowledges the significance of religion in Indian society. Every person has the freedom and right to choose and practice any religion they choose, according to the Indian Constitution, which also envisions a secular society. The Apex Court has determined that secularism is the fundamental framework of the Constitution in a number of cases, the most significant of which was the Kesavananda Bharati case. The major religions practiced by Indians are Islam, Hinduism, Buddhism, Sikhism, Jainism, and Christianity. There are laws in India that are specific to certain religions, and the Goa Civil Code is the only uniform civil code in existence for a state. Because of the Constitution's support for religious harmony, Indians are tolerant of and loving toward all of the nation's major religions India is a secular nation without a recognized state religion. That being said, this also implies that all religions and faiths are treated equally in India. The term appears in the Constitution's Basic Structure as well. The 42nd Amendment to the Constitution added it. In India, there is no distinction between the powers of the various religious groups. "The right to freedom of religion is not only a constitutionally guaranteed right, but it is also a duty that must be upheld for the general welfare and advancement of society.870 views -
Introducing the CEDAW Convention and Its Optional Protocol
Lecturer at Department of Law, University of Sulaimani- Kurdistan of Iraq, IraqPages 986 - 1024This paper provides an in-depth overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its optional protocol. The CEDAW Convention stands as a significant international treaty dedicated to promoting and safeguarding women's rights on a global scale. It delineates fundamental principles for attaining gender equality and mandates measures to eradicate discrimination against women across various domains of society. Complementing the Convention, the optional protocol establishes a framework enabling individuals or groups to lodge complaints concerning violations of women's rights under CEDAW. This paper examines specific issues addressed by CEDAW, the pivotal role it plays, its importance in the realm of women's rights, obstacles encountered in its implementation, the foundational principles it upholds, the role of the CEDAW Committee, the process of becoming a party to CEDAW, mechanisms for enforcing the Convention, and strategies for effectively implementing its provisions.786 views -
Pages 1025 - 1033The surge in e-commerce platforms has unfortunately facilitated the proliferation of counterfeits, impacting not only legitimate businesses and brands but also posing safety risks to unsuspecting consumers. These fake goods are often of inferior quality and may lack essential safety features, jeopardizing consumer well-being. India has a robust legal framework to address counterfeiting. However, the judicial stance on e-commerce counterfeiting is still evolving. Courts grapple with issues like determining the platform's liability and the effectiveness of takedown procedures. While some judgments have emphasized stricter liability for platforms, others have taken a more nuanced approach. This article delves deeper into the existing legal framework and judicial pronouncements, analyzing their effectiveness in combating e-commerce counterfeiting. It explores potential solutions and emphasizes the need for collaborative efforts by e-commerce platforms, brands, law enforcement agencies, and the judiciary to create a safer and more trustworthy online marketplace in India.702 views
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The War Against Terrorism: Examining Nigeria’s Legal and Political Responses to Boko Haram Terrorists
Pursued LL.M. from the Leeds Law School, Leeds Beckett University, UKPages 1034 - 1048The war against terrorism is an international war to defeat terrorist organizations in every corner of the globe. Countries like Nigeria that is unfortunate to find itself as a base for a terrorist group such as Boko Haram has the primary responsibility to initiate and implement counter-terrorism measures to defeat the terrorists. However, Boko Haram terrorists have survived and persisted in their murderous attacks for over a decade, despite the efforts of the Nigerian government to eliminate their existence. This article critically examines Nigeria’s legal and political responses to combating Boko Haram terrorists. This article submits that the responses have not materialized in the defeat of the terrorists because of systemic failures. From a multi-dimensional approach, this article offers recommendations toward defeating Boko Haram terrorists in Nigeria.645 views -
Closing the Gap: Assessing the Compatibility of Closure Provisions with Economic Policies in India, under the Industrial Relations Code, 2020
Associate Professor at School of Law, G H Raisoni University, Saikheda, IndiaPages 1049 - 1062The consolidation of the Industrial Relations Code, 2020, was aimed at giving impetus to the economic activity in the country without compromising on the basic aspects of the benefits to workers. This code provides a ‘procedure for the closing certain Establishment under Section 80 of Chapter X’. A cursory glance at the provisions reveals that this provision is identical to the previous provision under section 25-O of the Industrial Disputes Act, 1947, except the size of the workers is raised from 100 workers to 300 workers. A cursory glance at the provision under section 80 reveals that it creates an exit barrier for those industrial establishments which are not financially or commercially viable and wish to close their establishment to reallocate the productive resources to more viable activity. An attempt is made to ‘assess the Compatibility of Closure Provisions with Economic Policies in India’. The first part of this paper deals with the concept and meaning of the term ‘Closure’ of an industrial establishment. In the second part, an attempt is made to analyse the special provision under Chapter X of the Industrial Relations Code, 2020, regarding the procedure for the closure of certain industrial establishments under Section 80. In the third part, an attempt is made to assess the administrative and financial compatibility of the special provisions relating to the closure of certain establishments with present economic policies in India. Further, to suggest certain measures to make the provision more pragmatic to benefit all the stakeholders in the establishment.616 views -
Adapting Artificial Intelligence for Corporate Governance: Navigating Its Global Adoption and Local Integration
Student at Himachal Pradesh National Law University, Shimla, IndiaPages 1063 - 1084Technological advancements in today’s world are an ever-changing tale. It is still far-fetched for AI to overtake human directors reasonably soon, but its use in corporate activities is expected to grow. Running in parallel, corporate boards must be capable of dealing with the complicated legal and ethical challenges of using AI in company management and operations. This paper delves into utilizing Artificial Intelligence (AI) in corporate governance and its worldwide acceptance and integration. With the advancement of AI technology, corporations are presented with both opportunities and challenges in corporate governance. The author observes that AI invites a radical change in Corporate governance by reforming it into a non-human board which suggests a fundamental alteration of the corporate structure. However, on the other hand, it also raises concerns relating to a lack of accountability and human conscience. AI can enhance decision-making and risk management, making it a desirable solution for companies seeking to improve their governance practices. However, implementing AI in corporate governance raises significant ethical, legal, and practical issues that must be addressed. The paper attempts to strike a balance between the benefits of technological progress and addressing social and legal concerns while incorporating AI into their governance practices. Further, this paper explores the facets of adopting AI in corporate governance, comparing it with prominent global theories. The author posits that the effectiveness of AI in corporate governance lies in its alignment with existing governance frameworks, ethical and legal considerations, and stakeholder expectations. Eventually, this paper concludes that to make AI successful in corporate governance, regulators, companies, and stakeholders should work together to oversee its global acceptance and local integration.833 views -
Child Marriage in India: A Dark Aspect of our Society
LL.M. Student in IndiaPages 1085 - 1094In this article the authors’ wants to put some light on a social malpractice called Child marriage. Child Marriage is not a new concept. It has been prevalent in Ancient India since the Vedic Period. It is that social evil that has been deeply rooted in our history. A girl of merely 8 or 9 years was made to marry a man who is way older than her age. Apart from it also the parents of both boy and girl arrange their future marriage. Child Marriage is that practice that symbolizes and reflects gender inequality as since ancient period girls were considered as the inferior gender and a burden upon their parents. So in majority of the times the practice of child marriage is much more among girl child than the boys. During the Vedic Period till the British framed laws for abolishing child marriage people were deeply rooted with the social stigma and belief that girls are the weaker section of the society. Moreover lack of education, poverty, insecurity made the scenario worst. They were also completely ignorant about its devastating consequences .When the British analyzed the condition they enacted the first Act to put a restriction on this unethical practice. Child marriage is that stigma that has mostly affected the girls. It has hampered not only their mental health but also their physical health and overall wellbeing. Although various laws and penal provisions have been adopted post independence but still this practice of child marriage is prevalent in remote areas. Child Marriage is not a national but a global problem that needs to be taken care of more strictly and for that the International Conventions and organizations have to play its part.1,053 views -
Pages 1095 - 1118In our digitally evolving world, the transfer of digital assets presents intricate challenges at the intersection of law and technology. This article explores the complexities arising from the inheritance of "digital" entities, including social media accounts and virtual property. Emphasizing the necessity for adaptive inheritance laws in the face of digitalization, the article focuses on the transformative role of artificial intelligence (AI). It delves into challenges such as delineating procedures for inheriting digital rights, determining the fate of personal data, and addressing ethical considerations in digital asset inheritance. Drawing insights from Russian and international cases, the article highlights AI's potential to innovate solutions, underlining the central role of interdisciplinary collaboration involving legal scholars, IT experts, and practitioners. The comprehensive approach integrates legal literature, case studies, and technological advancements, providing a holistic perspective on the challenges and opportunities in digital asset inheritance. As a precursor to an upcoming conference, the article aims to foster collaboration for AI-driven solutions.1,960 views
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Critically Examining the Need for Unified Personal Laws in India
Student at Amity Law School, Noida, IndiaPages 1119 - 1132The promise of legal uniformity in India faces a significant hurdle: the persistence of religion-based personal laws. This paper critically examines the necessity for a unified personal law code, arguing that the current system, a legacy of historical and colonial influences, breeds inconsistencies and potential for discrimination. We begin with a historical overview, exploring the origins of personal laws in India. Each religious community – Hindu, Muslim, Christian, and others – adheres to its own set of codes, often rooted in ancient scriptures and customs. Significant discrepancies emerge across these laws, particularly in areas of marriage, divorce, inheritance, and adoption. For instance, some allow for polygamy, while others strictly prohibit it. Further complicating the picture is the influence of colonial rule. The British, to an extent, codified and formalized existing personal laws, potentially introducing biases and hindering the development of a unified legal framework. This fragmented system raises serious concerns in a modern, secular India. The lack of uniformity creates confusion and potential for forum shopping, where individuals seek jurisdictions with laws most favorable to their cause. More importantly, it raises questions of equality and justice, as citizens' rights and obligations hinge on their religion, potentially leading to discrimination. This paper delves deeper into these issues, analyzing the arguments for and against a unified personal law code. It critically evaluates whether such a code could promote national integration, gender equality, and a more streamlined legal system, while also addressing concerns regarding cultural and religious identity.918 views -
Challenges Facing and Safety Measures; Live–In–Relationship
Student at School of Legal Studies, CUSAT, Kochi, IndiaPages 1133 - 1140Living in partnership is a foreign culture. After independence many of the foreign cultures were adopted to India. This is one of the cultures incorporated in Indian culture. So a person living with a woman without entering into an institution of marriage is called a living relationship. As per the Apex Court decision a man and women living together without a wedlock is not an offense in India. Live-in relationships are widely common in India’s metro cities. Still many of the Indian families are not willing to approve this kind of partnership. Compared to the old days, now it has many legal measures, even the same as marriage. As per Article 21 of the Constitution of India every individual has the right to choose their life partner.618 views -
Implications of the Supreme Court’s Decision in Dobbs v. Jackson Women’s Health Organization
Assistant Professor at Christ Academy Institute of Law, Bangalore, IndiaPages 1141 - 1145Dobbs v. Jackson Women’s Health Organization represents a pivotal moment in the ongoing legal battle over abortion rights in the United States. At the heart of this case is Mississippi’s Gestational Age Act, which bans most abortions after 15 weeks of pregnancy. Challenged by the Jackson Women’s Health Organization, the sole abortion clinic in Mississippi, Dobbs v. Jackson Women’s Health Organization has captured national attention as it directly questions the constitutionality of existing abortion precedents, particularly Roe v. Wade. This article provides a comprehensive analysis of the legal, political, and social implications of Dobbs v. Jackson Women’s Health Organization, tracing its origins, examining the arguments presented by both sides and exploring potential outcomes and ramifications.748 views -
Intervention in the Face of Humanitarian Challenges: Military and Non-Military Intervention Exacerbating Human Rights Violations in Conflict Zones
Student at Maharashtra National Law University, Nagpur, IndiaPages 1146 - 1167The characters of wars are changing. It has evolved from controlling territories as described by Clausewitz to the maintenance of law and order and defence of the community, frequently against threats from their government or other citizens. In such a situation, “humanitarian interventions” have become the new way of violating the sovereignty of other countries. Theoretically, such military actions are a last-ditch attempt to give mankind some breathing room. It is one of the few exceptions to the art. 2(7) of the UN Charter, which prevents intervention into the domestic affairs of other countries. However, there are no international law or conventions which decides what comprise “humanitarian behaviour”. Such interventions have been UN sanctioned, decision of the sovereign countries and coalition of nations. The sovereign decision of the countries can be categorised into five types, which includes: when the powerful countries have intervened in support of the target government, when the interventions happen in a neutral manner to the target government, when the intervening forces are against the target government, when the countries impose crippling economic sanctions on others from their domestic legislatures, intervention through cyber operations. Cyber intervention and intervention through economic means are new forms of intervention. However, almost all these forms of humanitarian interventions have increased human rights violations. So, it has become an international necessity to determine what constitute, “humanitarian” in international law, and appropriate changes has to be bought to the international organisation so that the voices of the Global South are heard and such organisations shouldn’t become the political playground of some countries.673 views -
Globalization and its Effect Upon the Welfare State
Assistant Professor at Silver Oak University, Ahmedabad, IndiaPages 1168 - 1181This research paper examines the relationship between globalization and its impact on the welfare state. Globalization refers to the increasing interconnectedness and interdependence of nations and individuals, driven by advances in technology and transportation. The welfare state, on the other hand, refers to a system of social policies aimed at ensuring the well-being and protection of citizens through the provision of various forms of social support. The paper explores the ways in which globalization has affected the welfare state, both positively and negatively, and discusses the implications of these changes for the future of social welfare policy. Through an analysis of the available literature, the paper seeks to provide a comprehensive understanding of the complex relationship between globalization and the welfare state.812 views -
Mens Rea in Criminal Medical Negligence
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 1182 - 1193The issue of criminal negligence, particularly regarding the conduct of medical professionals, represents a gray area between civil and criminal law. The focus of this article is the difference between these two types of responsibility. The general arguments to be presented in this article can be classified as an attempt to answer the debates on whether this practice should be unlawful or not, and if so, what should be its methods and punishment criteria. The question of the crime of medical negligence is one that many jurisdictions have attempted to answer, and has been answered by the law in various and vague ways. It is important to understand the differences between courts in different regions on this issue and the legal consequences of these decisions.643 views -
Pages 1194 - 1206For over a decade now, we have observed an increase of patients affected by asthma. Asthma has become a persistent social reality, drawing extreme public concern, however, we do not have any dedicated sociological analysis of the topic at hand. Keeping the same in mind, this research attempts to deep dive into the issue by analysing its impact from the perspectives other than medical: that is social and economical. The research also uncovers different notions and myths attached to asthma in our society.787 views
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Cryptocurrency in India: Cross Border Transactions and Comparative Analysis with the Indian Banking System and Money
Student at Adamas University, IndiaPages 1207 - 1216The advent of cryptocurrency has ushered in a paradigm shift in the traditional world banking system, offering a novel approach to financial transactions and monetary systems. This research paper explores the multifaceted role of cryptocurrency in transforming the global banking landscape and by analyzing the historical context, technological underpinnings, and economic implications of cryptocurrencies, this paper aims to provide a comprehensive overview of the disruptive potential and challenges associated with this emerging financial technology. It delves into the fundamental characteristics of cryptocurrencies, highlighting their decentralized nature, cryptographic security, and digital infrastructure and examines the impact of blockchain technology in enabling secure and transparent transactions while eliminating the need for intermediaries, potentially reducing transaction costs and increasing financial inclusion. It further evaluates the implications of cryptocurrencies on traditional banking institutions, including the potential for disintermediation, the development of digital banking services, and the adoption of blockchain technology by incumbent banks. It also addresses the regulatory challenges and legal considerations surrounding cryptocurrency, highlighting the need for a coherent global regulatory framework and the economic aspects of cryptocurrencies, including their role in cross-border transactions, remittances, and financial inclusion in underserved regions and the potential for cryptocurrencies to facilitate financial services for the unbanked and under banked populations, potentially reducing financial exclusion on a global scale.671 views -
Undertrial Prisoners in India: Detention of the Presumed “Innocent”
LL.M. student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1217 - 12332/3rds of the prison population in India are undertrials. Despite any amount of action against crowding, undertrial prisoners continue to fill Indian prisons when actually they are to be presumed innocent in the eyes of law. The presumption of innocence is a cardinal principle in Indian Criminal Justice system that requires a person charged of an offence to be proved guilty until he is proven guilty without any reasonable doubt through a fair trial. But in case of undertrial prisoners, the Criminal Justice system detains them despite the fact that they may be innocent and that their guilt is not proved. Undertrial prisoners languish in prisons for a long time that even surpasses the probable imprisonment that they might get. The undertrial prisoners suffer from further difficulties that violate their basic human and fundamental rights such as overcrowding of prisons, lack of access to legal representation, prison violence, social stigmatization, unequal access to get bail, etc. India took a very long way to realize the right of undertrial prisoners and to work for guaranteeing their protection that took a significant step in the year 2005 that inserts Section 436A stipulating the maximum period for which an undertrial prisoner can be detained. The Indian Judiciary has also pronounced sufficient guidelines on various public interest litigations filed for the cause of undertrial prisoners however the lack of proper implementation and effective usage of existing provisions is evident with the current state of affairs. Hence there exists a need to critically analyze the ways of reforms in law by striking a balance between Public order and safety as well as the rights of undertrial prisoners. Reformations such as bringing alternatives to punishments, bail reforms, compensatory mechanism, procedural safeguards on unwarranted arrest or detention and public awareness against stigmatization are ways to go.1,399 views -
Cybersecurity Issues and Challenges in E-Commerce
Student at Bharati Vidhyapeeth (Deemed to be University), New Law College, Pune, IndiaPages 1234 - 1244The appearance of the digital age has given birth to an explosion in e-commerce and benefited greatly from the harmonious effects of technology, commerce, and the involvement of customers. However, impediments are first and foremost; resolute rises in the risks of cyber dangers are such apparent hindrances that disable integrity along with the prosperity of online business environments. This paper critically delves into compound enforcement of cyber threats to e-commerce, discusses consequences implying e-commerce, and extends wide-ranging remedies. It is underpinned by common threats, namely data breaches, spear phishing, payment fraud, and malware; and each threat constitutes egregious dangers. Primarily, data breaches expose helpless clients’ data, and pioneer financial losses along with detrimental effects on the customers’ attitudes. Secondly, spear phishing manipulates recipients into unveiling pivotal data, compromising users’ privacies as well as perishing systems’ credibility. Payment frauds—such as stealing credit card details and manipulating chargeback programs—subvert transactions outright. This is in contrast with malware and ransomware that disable business gears and contaminate real consumer databases. E-commerce frameworks are a particularly complex cybersecurity battle. Not only do they encompass extensive interconnected chains of service and third-party partnerships, but they are also exposed to various human vulnerabilities through inaccurate user inputs and insider threats. This article emphasizes how a proactive cybersecurity solution would have been enforced on e-commerce merchants, policymakers, and cyber-security experts to safeguard digital commerce commerce. Also, against a backdrop of airborne cyber threats and a rising economy in e-commerce, the paper implies that cybersecurity laws ought to change dynamically. Through this inquiry I hope that the subsequent investigation into developing technology and the psychology of cyber threats would be able to offer suggestions for improving the resilience of digital commerce ecosystems by an everchanging cybersecurity front.1,456 views -
Pages 1245 - 1256Hostels can refer to places where people take accommodation for some purpose and for a specified duration. The Hostels are generally built in large areas and with many rooms to accommodate a large number of people. People while choosing a hostel may consider many things such as safety, food, surroundings, convenience, and other things according to their requirement. A person who is coming out of their home or hometown have some psychological burdens in staying in an unfamiliar environment have certain requirement. In these situations, the satisfaction of the basic necessity will help them in smoothening their minds and helps them in focusing their minds in academic or any other jobs. The study aims to find out the problem in PG hostel in Taramani and also to conclude whether the hostellers are satisfied the accommodation facilities. Using the questionnaire method, the responds were collected and then quantified into statistical data to find whether the hosteller are satisfied the hostel facilities. Students prefer PG hostel rather than college hostel for the benefits of privacy but such benefits come as a disadvantage because of the problems in the PG hostel.623 views
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An Analysis Implications of AI Technologies in Employment Law
Student at Tamil Nadu Dr. Ambedkar Law University Chennai, IndiaPages 1257 - 1267This paper explores the impact of artificial intelligence (AI) on employment law and workers' protection. AI is being increasingly used to automate routine tasks, potentially leading to job displacement in certain industries. The paper explores how AI may affect areas such as discrimination, wage and hour laws, and workplace safety. It also considers the potential impact of AI on worker protections, including workers' compensation and employee benefits. The paper concludes that AI's impact on employment law and workers' protection is still evolving, and employers need to ensure their AI systems are designed and tested to avoid unintended consequences. The paper analyzes the existing legal framework governing AI use, including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the National Labor Relations Act (NLRA). It also evaluates recent developments in case law and legislative initiatives aimed at addressing AI's challenges. The findings suggest that while the current legal framework provides some protection to workers, further reforms are needed to address the unique challenges presented by AI.732 views -
Custodial Violence in India
LL.M. student at Chanakya National Law University, Patna, IndiaPages 1268 - 1282Custodial Violence in India has significant implications for the criminal justice system. It erodes public trust, undermines the rule of law, and hampers the system’s credibility. This critical study would likely delve into cases, legal reforms, and the need for accountability to address this issue effectively. The term ‘custodial violence’ includes all types of physical and mental torture inflicted upon a person in police custody. It is a crime against humanity and naked violation of human rights. The practice of custodial violence in the developing countries like India, is however, more difficult and complex. A large number of cases of police brutality take place not because of individual aberration, but because of systematic compulsions. Today custodial violence has emerged as a major issue of human rights concern and one of the root obstacles to democracy and development of human well-being in contemporary world. It has devastating effects on physical and mental health as well as social functioning of the individuals, their children, families, communities and society at large. The practice of custodial violence in the developing countries like India is, however, more difficult and complex. A large number of cases of police and other governmental agencies’ brutality take place not because of individual aberrations, but because of systematic compulsions. The practice is more widespread and has gone unchecked because of tacit support of senior police officials, bureaucrats, politicians and judiciary. The fact is that the practice also enjoys the support of a large section of the public in the mistaken belief that it is necessary for effective maintenance of law and order.1,137 views -
Navigating Cross-Border Insolvencies: Unraveling Centre of Main Interest Role and Imperative International Cooperation
LL.M. student at Alliance school of law, IndiaPages 1283 - 1300As globalization continues to expand, with global business integrations and complex multinational corporate structures, cross-border insolvency cases involving debtors and creditors from multiple countries are becoming more common. During the 2008 financial crisis, the insolvencies of major international corporations such as Lehman Brothers brought to light the difficulties in coordinating intricate cross-border legal actions across disjointed legal systems. The differences between national insolvency laws and procedures often impede the efficient administration of such cases. Central to these cases is identifying the debtor’s center of main interests (COMI), which determines the primary jurisdiction governing proceedings. This paper delves into an analysis of emerging legal frameworks and cooperation mechanisms that aim to facilitate cross-border insolvency proceedings and foster coordination among jurisdictions. It sheds light on international initiatives such as the UNCITRAL Model Law, which delineates procedures for recognizing foreign proceedings and determining COMI. Through a comparative analysis of case studies, the paper seeks to evaluate the effectiveness of these frameworks in streamlining cross-border proceedings, mitigating conflicts of law, and enhancing outcomes for stakeholders. Within this exploration, key challenges will be identified, including the unpredictability associated with COMI designations, gaps in harmonized procedures, and limitations in protocols for asset recovery and creditor coordination across borders. Drawing upon these findings, the paper proposes targeted reforms designed to fortify existing mechanisms for cross-border cooperation, ensuring their flexibility to adapt to evolving insolvency scenarios and promoting greater consistency. This study not only provide the research endeavors but also advocates for the advancement of legal harmonization in cross-border insolvency proceedings and the determination of COMI.802 views -
Pages 1301 - 1331This study examines the legal framework of the ICSID arbitration, focusing on the doctrine of ratione materiae and the involvement of national courts. Jurisdictional determinations play a crucial role in setting the boundaries of the ICSID arbitration, making them a fundamental aspect of the process. This paper examines the concept of ratione materiae, which refers to the specific range of conflicts that fall under the authority of the ICSID tribunals. This research explores the criteria employed by tribunals to determine their jurisdiction based on ratione materiae, drawing on the rules of the ICSID Convention and relevant case law. The paper examines two main topics: the meaning of the term “investment” and its importance in determining the extent of the ICSID jurisdiction and the changing legal principles regarding the definition of protected investments in bilateral and multilateral investment treaties. This article examines the relationship between the ICSID tribunals and national courts in deciding jurisdiction problems, specifically in cases where disagreements emerge about the validity of arbitration clauses and the arbitration agreement. This study aims to clarify the processes by which national courts impact the jurisdictional framework of the ICSID arbitration. It does so by analyzing critical legal decisions and expert opinions, which reveal how national courts either support the authority of arbitration tribunals or resolve disputes related to jurisdiction. This article provides a detailed examination of the function of national courts to shed light on the intricate nature of jurisdictional determinations in ICSID arbitration. The article emphasizes the significance of consistency between tribunal awards and national court rulings to guarantee the arbitration process’s effectiveness and credibility. In conclusion, this examination contributes to a deeper understanding of the jurisdictional dynamics within ICSID arbitration. It provides a foundation for further scholarly inquiry and practical application in international investment law.934 views
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Pages 1332 - 1336An overview of regional cross-border cooperation and coordination worldwide is provided in this article. In the age of globalisation, there appears to have been a special rise in cross-border collaboration brought about by greater trade between regions of the world; this cooperation has taken several forms, ranging from close business relationships to the subsequent cross-border institutionalisation. But the reasons behind such kinds of cross-border collaboration in different parts of the world are different: The idea made here is that regional drivers dictate the types of contacts, ranging from no relations to intense trading and government-like forms of collaboration, for the aim of a comparative analysis of cross-border relations. The main forces behind cross-border contacts, trade, do not, however, always result in more cross-border governmental activism, nor does government institutionalisation of cross-border relations always lead to more economic integration.732 views
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Apocalyptic Evolution of the Concept of Secularism; Invasion of Neosecularism into Contemporary Indian Society
Student at School of Legal Studies, Cochin University of Science and Technology, Kochi, IndiaPages 1337 - 1344Secularism in Indian Constitution is the idea that religion and state should be kept apart and that all religions should be treated equally by the state. Today, world is becoming, increasingly secular as a result of social political and economic development. India’s socio-political landscape has undergone a significant shift since assuming power by the political majority in 2014, particularly in its redefined notion of secularism. India’s transitioning to Neo Secularism involves a shift in the country’s approach to secularism often deviating from the constitutional definition of secularism. This shift has given rise to concerns over how to define the Indian nation, handle religious minorities and strike a balance between majoritarianism and cultural diversity. The political majority challenges traditional secularism, advocating for a redefined version known as ‘Positive Secularism’. This represents a larger ideological shift towards Hindu majoritarianism by bringing Indian culture into line with Hindu culture. In an effort to unite the country under a Hindu-centric identity, the political majority’s view on nationalism and secularism are interconnected with its Hindutva ideology. Concern over India’ political future and diversity are raised by the political majority’s attitude to secularism and governance, which marks a major shift from the nation’s long history of secular nationalism. To promote a secular attitude among people in India requires various reformation strategies. This includes providing education to people, organizing movements for social reform, social engineering and learning genuine facts and unlearning all the pseudo facts at the same time.767 views -
Healthcare Entrepreneurship: Revolutionising Medicine with Innovation
Student at The Tamil Nadu Dr. Ambedkar Law University-SOEL, IndiaPages 1345 - 1350Healthcare entrepreneurship is quickly emerging as a potent force in reshaping the healthcare sector. Ageing populations, technology breakthroughs, and growing healthcare expenses are just a few of the elements driving this dynamic area, which offers countless chances for entrepreneurs to create ground-breaking solutions that transform medical treatment and enhance patient outcomes. These are the healthcare entrepreneurs, driven by a powerful combination of compassion, ambition, and a thorough awareness of the healthcare system's inadequacies. It is about finding unmet healthcare needs, inventing new solutions, and bringing them to market to enhance patient outcomes and transform the healthcare sector. Entrepreneurs in this fascinating industry have a plethora of options to develop profitable enterprises and truly change the world. This exciting field presents immense opportunities for entrepreneurs to make a real difference in the world while building successful businesses. This research examines the complex field of healthcare entrepreneurship, focusing on its main components, difficulties, and fascinating opportunities as well as the laws that have an impact on the field.600 views -
Corporate Social Responsibility, Sustainable Development and Constitutional Protections in Botswana
Student at Shanghai University of Finance And Economics, Shanghai, ChinaPages 1351 - 1373The role of governments in promoting and developing CSR is very vital in ensuring the overall effective well-being of the collaborations where the concept is concerned. With the growing consensus on the notion that corporations should not only operate within the laws and norms of the society but also contribute to its welfare. The only thing that is left unresolved about the whole issue is whether these businesses’ social involvement should be voluntary or mandatory. The understanding that businesses be left to participate in voluntary corporate social responsibility emanates from the belief that they are moral entities and therefore can govern their conduct as denoted by their corporate conscience. The call for governments to mandate CSR is of the notion that they are unable to regulate themselves in a socially responsible manner. This may however, not be the case, but the fact that CSR has developed beyond the notion of philanthropy, therefore treating it like that is all there is to it is doing injustice to the concept, the business involved, and the people who are to benefit from the maximized exploration and understanding of the concept. The rise of the contemporary CSR agenda has given rise to new kinds of policy and also new roles of governments to ensure the smooth implementation and regulation of the concept for the benefit of all people.1,386 views -
Intellectual Property Rights for Digital Media Content Creators: Emerging Trends and Research Outline
Assistant Professor at BRCM Law College, Bahal, IndiaPages 1374 - 1384The twenty-first century will be known as the century of knowledge and intelligence. The ability of a country to innovate and convert knowledge into wealth and social good determines its future. As a result, innovations are crucial to the generation and application of knowledge. Intellectual property is the quality inherent in ideas or their manifestation. It is an innovation that protects the rights of individuals and businesses who have converted their ideas into material assets by awarding those properties' owners certain rights. The four categories of intellectual property are secrets of commerce, intellectual property rights, copyrights for literary works, and patents for inventions. The researcher will address the following subjects in the study because India's advancements in intellectual property have consistently sparked lively debate and drawn interest from around the world. In addition to fulfilling its obligations under the World Trade Organization's Convention on TRIPs Rights, India has recently made great progress toward developing its own trademark law, which seeks to find an acceptable compromise within the compromise between monopolistic rights and unfettered access to information. That being said, it would be incorrect to say that there aren't any parliamentary changes in the field of intellectual property, even though no new laws have been established in the last year.786 views -
Test of Valid Custom and Sabarimala Case
LL.M. student at Chanakya National Law University, Patna, IndiaPages 1385 - 1400This essay explores the intricate relationship that exists between custom, tradition, and constitutional rights by analyzing the Indian Sabarimala issue. Hindu practices are strongly embedded in the Sabarimala temple, which is devoted to Lord Ayyappa and has been a place of religious pilgrimage for generations. But in 2018, the Indian Supreme Court overturned a long-standing tradition that forbade women of menstrual age from entering the temple with a historic ruling. In light of the constitutional values of equality and nondiscrimination, this study assesses the legitimacy of custom through a thorough examination of legal grounds, historical precedents, and societal settings. It examines the conflict between religious beliefs and fundamental rights, especially the freedom of religion and equality guaranteed by the Indian Constitution. Fundamental concerns concerning the legitimacy of custom in modern legal systems and its conformity with constitutional principles are brought up by the Sabarimala case. It draws attention to the conflict that exists between safeguarding individual liberty and gender equality and maintaining cultural heritage. This article looks at the arguments put out by the Supreme Court's supporters and detractors in an effort to provide light on the wider ramifications of judicial involvement in matters of religious tradition. Utilizing academic literature, empirical data, and judicial rulings, this study adds to the current conversation about the judiciary's duty to protect constitutional principles while honoring cultural diversity. It emphasizes the necessity of a balanced strategy that strikes a balance between upholding tradition and advancing gender equality and human rights. To sum up, the Sabarimala case is an important litmus test for the legitimacy of custom under the system of constitutional government. It serves as an example of how legal interpretations change in reaction to shifting social norms and values, which in turn affects how gender justice and religious freedom develop in modern-day India.692 views -
Pages 1401 - 1411With the rapid changes in the evolution of technology and innovation in the current times, the fabric of dispute resolution in the country is also experiencing a huge paradigm shift. While the other forms of dispute resolution have embraced it with open arms, arbitration has encountered its own distinct array of advantages and disadvantages while incorporating these changes. This Research paper shall make a scrupulous attempt to analyse the current practices & tools employed by Indian arbitral institutions and the challenges which can crop up from proliferation use of technology like artificial intelligence and blockchain in these institutions either actually or potentially. It then proposes suggestions & recommendations for reforms to ensure a robust and accessible online conflict resolution in arbitral proceedings for legal practitioners in this digital age.807 views
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Empowering Homebuyers: Judicial Evolution in Insolvency & Bankruptcy Law
LL.M. student at India International University of Legal Education and Research, Goa, IndiaPages 1412 - 1426This research paper delves into the intricate landscape of the Insolvency and Bankruptcy Code, 2016 (IBC) in India, with a specific focus on the status of homebuyers within this framework. This paper navigates through the categorization of creditors into Financial Creditors (FC), Operational Creditors (OC), and others, elucidating the amendments that redefine funds from homebuyers as a commercial form of borrowing. Pre-amendment challenges and conflicting National Company Law Tribunal (NCLT) rulings are scrutinized, emphasizing judicial interventions that empower homebuyers. In landmark cases of Supreme Court decision has thoroughly analysed, establishing that homebuyers seeking remedies under real estate regulations maintain their status as financial creditors under the IBC. The article concludes by highlighting the transformative impact of IBC amendments, ensuring legal clarity and safeguarding the varied interests of stakeholders in the realm of insolvency resolution.824 views -
Pages 1427 - 1446The majority of the post-colonial nation States have incorporated minority rights into their constitutions as well as the canons of international human rights law. Religious, linguistic, and ethnic minorities all over the world have been constitutionally recognised as groups in need of specific safeguards and protection from majoritarian attitudes or policies that discriminate against their legitimate interests. The Indian Constitution is among the best in the world at outlining a comprehensive list of human rights that everyone, including those who are being a member of a linguistic or religious minority entitles one access benefits without hindrance. In addition, every minority group is granted rights related to religion, language, culture, and education. In accordance with the Indian Constitution, this essay discusses minorities’ rights to start and run educational institutions. It examines the discussions in the Constituent Assembly and the language of Article 30 of the Indian Constitution, which allows minorities to start their own educational institutions. The study also examines the many Supreme Court rulings on the topic in order to comprehend the legal framework around this fundamental right the draught paragraphs on minority educational Institutions were condemned as group rights and claimed to be opposed to the concepts of democracy, justice, and secularism during the Constituent Assembly’s discussion, which was characterised by restraint. Others worried that it may undermine the nation’s unity. This is one of the causes of this provision’s unclear nature. The primary flaw in this the term “minority” Is not defined under this provision. Despite these issues, the article contends that Article 30 provides minorities with a crucial opportunity to create their educational environment in accordance with their needs.869 views
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Enforcing the Battlefield Code: The Geneva Conventions and the ICC’s Role in Prosecuting War Crimes
LL.M. student at Gujarat National Law University, Gandhinagar, IndiaPages 1447 - 1470“The Geneva Conventions” play a foundational role in international criminal law, particularly regarding war crimes. The importance of the “Geneva Conventions and their additional protocols” was reflected in the establishment of war-crimes “tribunals for Yugoslavia (1993) and Rwanda (1994) and by the Rome Statute (1998)”, which created an International Criminal Court. DEFINING WAR CRIMES: The Geneva Conventions, specifically the four adopted in 1949 and their additional protocols, don't provide a single, exhaustive list of war crimes. However, they establish the core principles of how armed conflicts should be conducted and how civilians and prisoners of war must be treated. SERIOUS BREACHES: The Conventions define specific violations as "grave breaches" which are considered war crimes. These include : • “Wilful killing • Torture or inhuman treatment • Wilfully causing great suffering, or serious injury to body or health • Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly [UN Office on Genocide Prevention and the Responsibility to Protect]” INDIVIDUAL ACCOUNTABILITY: The Geneva Conventions lay the groundwork for holding individuals accountable for these war crimes. The Rome Statute of the International Criminal Court (ICC) incorporates these grave breaches as war crimes within its jurisdiction. COMPLEMENTARY SYSTEM: The ICC and the Geneva Conventions work together. The Conventions set the standards for wartime conduct, while the ICC provides a mechanism for investigation and prosecution of violations. In essence, the Geneva Conventions define the boundaries of acceptable conduct in armed conflict. When these boundaries are crossed and grave breaches occur, the framework is established for pursuing international criminal justice. This paper sets out to explore the core of this intricacy by examining Geneva Convention within the framework of international criminal law. This paper aims to highlight the complex interactions between legal concepts and the realities of tackling intersectional crimes on a global scale by diligent scrutiny and critical analysis. Theoretical analyses delve into diverse philosophical perspectives, including legal positivism, natural law, utilitarianism, and retributivism, offering insights into the moral and ethical justifications underpinning international criminalization. Through a synthesis of theoretical frameworks and empirical case studies from international tribunals and courts, the project examines the practical challenges and successes in applying to perpetrators of international crimes accountable. This research project seeks to contribute to a nuanced understanding of the Geneva Convention in international criminal law, illuminating their role in fostering accountability, upholding human dignity, and preventing mass atrocities on a global scale.1,165 views -
The Progressive Approach of Indian Judiciary in Affirming the Rights of Female Partners in Live-in Relationships
Assistant Professor at Xavier Law School, St. Xavier's University, Kolkata, IndiaPages 1471 - 1480The concept of live-in relationships has recently experienced significant growth. As India is a country where multiple religions are being practiced, every religion recognizes marriage as permissible and considers live-in relationships as sinful and morally wrong. Over time, all societies transform. The world still views India as a nation where marriage holds a sacred status both theoretically and practically. At present, no legislation in India has explicitly conceptualized the scope of the practice of live-in relationships. The Protection of Women from Domestic Violence Act, 2005 is the first law that has recognized live-in relationships and provided protection to female partners in its ambit by interpreting its various provisions of law. Due to the inadequacy of existing law to address the issues and challenges relating to live-in relationships, the Indian judiciary has rendered rulings that serve as the country's legal guidelines. Given various interpretations of laws through judicial pronouncements, the legitimacy of live-in relationships is studied in detail. The rights of the female partners in live-in relationships concerning maintenance, domestic violence, inheritance, and legal rights of the children born outside the marriage and its dissolution have been discussed. In India, recently the Uttarakhand Uniform Civil Code, 2024 has been passed which covers the registration and termination of live-in relationships. The paper concludes with the suggestion for the enactment of specific laws to govern live-in relationships in India.639 views -
The Evolution of International Financial Services Centers in India: The Role of IFSCA
Student at Amity Law School, Noida, IndiaPages 1481 - 1489The Government of India has established the International Financial Services Centre (IFSC) initiative through Special Economic Zones (SEZs) to facilitate India's growth in international financial services. The IFSC at GIFT City in Gujarat, operational since 2015, reached a major milestone with the establishment of the International Financial Services Centres Authority (IFSCA) in 2019 through an Act of Parliament. The IFSCA has emerged as a unified regulator overseeing the development and regulation of banking, capital markets, insurance and other financial sectors in IFSCs. This paper examines the rationale for setting up IFSCs globally and in India, analyzing it from the perspectives of host jurisdictions, businesses operating in the IFSCs, and customers utilizing their services. It delves into the legislative framework instituted by the IFSCA Act 2019 which has strengthened the regulatory landscape, catalyzed the establishment of financial institutions, and spurred innovation within IFSCs. While acknowledging IFSCA's accomplishments in regulatory oversight, enforcement, and global coordination, the paper highlights key challenges that need to be addressed through infrastructural upgrades, talent development, and cross-border regulatory harmonization. Recommendations are provided for enhancing operational efficiencies, legal/compliance frameworks, and international regulatory coordination to fully unlock the potential of Indian IFSCs as leading global financial hubs.1,222 views -
A Study on Criminal Law Formation 2023: Its Need and Efficiency
Student at BRCM Law College, Bahal, Bhiwani, IndiaPages 1490 - 1504The cutting edge of government is embodied in the criminal justice system. Gigantic over society, it parades an immense number of organizations, procedures, individuals, and sanctions to bolster its perceptions. This array includes uniformed police officers and constables brandishing batons or lathis, as well as courts, prisons, bail, sentencing, jails, incarceration, death row, the gallows, hanging, and death. All these establishments and procedures are a part of the Criminal Justice System, although they also have some autonomy within it. However, there are several concerns that arise concerning whether these organizations are operating within their designated boundaries. Do the organizations in charge of executing the law not apply the laws of the criminal code? To what extent do law commission recommendations get put into practice? If the suggestions included in the Report on Criminal Law Reforms by the Malimath Committee are adequately considered and put into practice. Is the adversarial criminal justice system of India suitable for the contemporary world, or should we adopt some of the common law countries' inquisitorial legal theories? In this report, the researchers have attempted to provide an overview of our criminal justice system through these few questions. The Law Commission's suggested revisions are the researchers' additional area of emphasis. Lastly, to make the current criminal justice system in India more robust and efficient, the experts have recommended a few significant adjustments.691 views -
Comparative Study of Laws on Crypto Currency and Diminishing Cyber Privacy
Assistant Professor at Department of Legal Science, Techno India University, West Bengal, IndiaPages 1505 - 1515With the advancement of technology, data privacy and data protection have become a major concern. People have now become dependent on internet and websites for connecting with their friends and relatives, for shopping, finding a groom or a bride, or making financial transactions. It might lead to infringement of private data if not used cautiously. Data protection of the data users is now at stake by the interference of strangers. Digital technologies are our reality and not the future. The modern states especially focus on developing new and competitive technologies. Therefore, it is important to put forward the state-of-the art issues and explain future steps in regulation of the digital technologies across the world. The nexus between crypto currency and recent cybercrimes shall be discussed. Absence of any regulatory framework in India to govern recent digital technologies and latest cybercrimes give ample opportunity to the fraudsters to infringe the data privacy of netizens. The privacy issues on using crypto currency are fake tech support, fake crypto exchanges, fake investment scams, phone porting, data theft where crypto scammers target innocent victims and rob all money from them.831 views -
Navigating the Complexities of Implementing a Uniform Civil Code in India: A Historical and Comparative Analysis
Ph.D. Scholar at Department of Law, University of Calcutta, IndiaPages 1516 - 1539The concept of a Uniform Civil Code (UCC) in India has been a subject of intense debate and discussion since the pre-independence era. The UCC aims to replace the diverse personal laws, based on religious scriptures and customs, with a common set of laws governing every citizen. This research paper delves into the historical evolution and development of the idea of a UCC in India, tracing its origins to the colonial period and examining its inclusion in the Constitution of India as a Directive Principle of State Policy. This research paper further explores the contentious debates in the Constituent Assembly and the varying perspectives of different communities on the UCC. Through a comparative analysis, this research paper highlights the implementation of uniform civil laws in other countries and their impact on societal cohesion and legal uniformity. The role of the judiciary in India, particularly the Supreme Court, in advocating for the UCC and addressing conflicts arising from personal laws is critically examined. This research paper also presents the unique case of Goa, which operates under a uniform civil code inherited from Portuguese law, and assesses its feasibility as a model for the rest of India. In conclusion, this research paper offers recommendations for gradually implementing a UCC in India, emphasizing the need for a balanced approach that respects religious freedoms while promoting national integration and gender equality. The recent legislative developments in Uttarakhand are discussed as a significant step towards realizing the long-standing goal of a UCC in India.949 views -
Pages 1540 - 1553Drawing on an examination of the evolution, problems and future challenges in victim compensation in Indian legal history, this paper unearths the important legal metamorphoses that followed across the various legal phases and the ongoing impediments to the practical and effective introduction and implementation of these schemes. Victim compensation in India, originally an expression of retributive justice, has shifted to a rights-based, victim-centric logic and practice. It has been a gradual and incremental shift. But a series of landmark judgements and a string of legislative milestones have aided this new form of reckoning in the administration of justice. The real experiential ‘distance’ between victims and ‘regular’ justice-delivery systems continues to pose formidable administrative, procedural and experiential hurdles that can undermine victim compensation. This paper has been designed to articulate how legal changes in institutions facilitated the concept of victim compensation in India – and also to indicate places where this political framework has stalled, as well as to make practical recommendations for ways to overcome these impediments and effect a future where the disbursement of compensation is part of a victimisation and reintegration plan that is viewed as a part of a larger theatrics of justice and social recognition – and where victim-centric compensation is fair, human and empowering.808 views
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A Comparative Analysis of Socio-legal Live-in Relationships in Different Countries and Nepal’s Viewpoint
Student at Kathmandu School of Law, NepalPages 1554 - 1567The main focus of this research is to comparatively analyze the social and legal position of Live-in relationships in different countries in contrast to Nepal. It delves into the historicity from the Garden of Eden to the Gandharva marriage and the increasing popularity of cohabitation from western societies to the eastern. Since the late 20th century, living together before marriage has become a standard facet in the process of relationship formation among young adults compared to traditional marriage. How different countries have addressed live-in relationships through legislation, providing examples from the United States of America, United Kingdom, Canada, Australia, France, Ireland, Scotland, Philippines, China and India. It underlines the laxity of specific laws governing live-in relationships in Nepal, although certain provisions offer limited legal protection in specific situations. An acknowledgement of both traditional values and the evolving needs of an expanding Nepalese society is required to formalize live-in relationships.906 views -
Regulation of All Online Services under New Telecommunication Bill in India: A Critical Analysis
Student at Amity Law School, Noida, IndiaPages 1568 - 1581The Telecommunications Act, 2023, marks a significant reform in India's telecom sector. This research paper critically analyzes the Act's impact on online services, focusing on the ambiguity in the definition of telecommunication and its potential inclusion of Over-The-Top (OTT) services. It explores the legal and constitutional implications, socio-economic impact, and international best practices. The paper recommends clarifying the Act's scope, ensuring proportionality, and fostering stakeholder collaboration to balance innovation, regulation, and public interest in India's evolving digital landscape.677 views -
Pages 1582 - 1606The principles governing criminalization in international criminal law serve as the cornerstone of a legal framework designed to address the gravest violations of human rights and humanitarian norms worldwide. This research project undertakes a comprehensive examination of these foundational principles, spanning their historical evolution, practical applications, critiques, and future directions. Beginning with an exploration of the historical development of international criminal law, including seminal events such as the Nuremberg and Tokyo Tribunals, the study traces the evolution of these principles through treaties and customary international law. The research scrutinizes key principles such as legality, individual criminal responsibility, complementarity, proportionality, superior responsibility, and non-retroactivity, elucidating their conceptual intricacies and jurisprudential significance. This paper sets out to explore the core of this intricacy by examining the criminalization principles in the context of intersectional crimes within the framework of international criminal law. This paper aims to highlight the complex interactions between legal concepts and the realities of tackling intersectional crimes on a global scale by diligent scrutiny and critical analysis. Theoretical analyses delve into diverse philosophical perspectives, including legal positivism, natural law, utilitarianism, and retributivism, offering insights into the moral and ethical justifications underpinning international criminalization. Through a synthesis of theoretical frameworks and empirical case studies from international tribunals and courts, the project examines the practical challenges and successes in applying these principles to hold perpetrators of international crimes accountable. This research project seeks to contribute to a nuanced understanding of the principles of criminalization in international criminal law, illuminating their role in fostering accountability, upholding human dignity, and preventing mass atrocities on a global scale.716 views
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Critical Analysis on the Impact of Immoral Traffic Law of India Specifying on Section 2 and Section 4 of the ITPA,1956: An Economic Perspective
Student at School of law, Christ (Deemed to be) University, Bengaluru, IndiaPages 1607 - 1619Drawing upon qualitative data, this research presents a comprehensive critical analysis on the negative economic impact on the lives of sex workers and how the definitions mentioned in Section 2 and section 4 of the immoral traffic (prevention) Act, 1956 pose a threat to the outcome expected out of the legislation which is to demotivate and rehabilitate victims of trafficking to prostitution and diminish prostitution in the society. The study examines the effectiveness of the Act's provisions through the eyes of the discipline of economics with specific emphasis on the economic principles of Becker and Ronald Coase, one of the most influential figures in the discipline of economics. Subsequently, the research analyzes the limited scope of the act and the ambiguity of section 2 and 4 of the act which holds ground for exploitation by the authorities and demotivate the sex workers and their families to lead an alternate life. The research delves into the economic understanding of the barriers that demotivate the sex workers from choosing an alternative life and how the legislation contributes to these barriers. Furthermore, the research applies the economic principles led down by the eminent economists, Gary Becker, and Ronald Coase, to understand the economic perspective on the lack of clarity and conformity within sections 2 and 4 of the ITPA,1956. In conclusion, the economic analysis endeavours into understanding the effectiveness of the Act by analyzing the definitions prescribed under section 2 of the ITPA, 1956 and delve into the conceptual understanding of section 4 to economically evaluate the trajectory of achieving the purpose of the act and how it is far from our reach. The research intends to give in-depth knowledge by putting forward the economic viewpoint of the impact of the act on the society. It also analyzes how the existing social stigmas in the society combined with the ITPA, 1956, places harder obstacles for sex workers and their families to overcome to attain a better alternative social life.807 views -
Navigating the Legal Landscape: Defamation Laws in India
Student at Amity University Rajasthan, IndiaPages 1620 - 1631In India, defamation law is a constantly changing area that is influenced by a complex interplay between statutory requirements, judicial interpretations, and socio-cultural factors. This essay aims to offer a thorough examination of the various facets of Indian defamation law, clarifying its legislative background and significant court rulings. The paper explores the statutory provisions controlling defamation under the Indian Penal Code and the Civil Law regime. It looks at the components of defamation, such as the differences between slander and libel, and the defences that can be used by the accused. The text examines notable court rulings that have influenced the development of defamation law in India, highlighting the subtle differences in judicial interpretation and implementation. This study seeks to promote a broader understanding of defamation law in India by examining the intricate relationships between legal concepts, judicial decisions, and societal dynamics. This will enable informed discourse and future advances in this important field of law.640 views -
Sexual Harassment and Protection of Males in the Workplaces
LL.M. Student at Chanakya National Law University, Patna, IndiaPages 1632 - 1640Sexual harassment is a pervasive issue in workplaces worldwide, and while much attention has been given to the experiences of female victims, there is a growing recognition of the prevalence of sexual harassment against males. This abstract explores the dynamics of sexual harassment targeting males in professional settings and addresses the need for comprehensive protection measures. The study delves into the various forms of harassment that males may encounter, including verbal, physical, and non-verbal behaviors, and the impact on their mental health and professional well-being. The research investigates the existing legal frameworks and organizational policies designed to prevent and address sexual harassment, with a specific focus on how these measures may or may not adequately protect male employees. It also examines societal perceptions and stereotypes that contribute to the underreporting of male victimization and the challenges they face when seeking support. The abstract highlights the importance of fostering an inclusive and supportive workplace culture that encourages open communication and discourages tolerance of any form of harassment. It advocates for gender-neutral policies and awareness campaigns that educate both employees and employers about the significance of preventing sexual harassment against all genders. Additionally, the abstract explores the role of bystander intervention, training programs, and confidential reporting mechanisms in creating safer work environments. Recommendations for policymakers, employers, and individuals are provided to enhance the effectiveness of existing measures and promote a culture of respect and equality in workplaces. In conclusion, this abstract aims to contribute to the ongoing discourse on sexual harassment by shedding light on the experiences of males and emphasizing the necessity of inclusive policies to ensure the protection and well-being of all employees, regardless of gender.580 views -
Growth of Manufacturing Sector in India since Independence
Student at Maharashtra National Law University, IndiaPages 1641 - 1652During 1990s Economic liberalization opened the nation up to foreign competition. The manufacturing sector opened up, attracting more international investment and advancing technology. With digital transformation being a crucial component of obtaining an advantage in this fiercely competitive sector, technology has presently fostered creative thinking. It is anticipated that increased automation and process-oriented manufacturing will boost efficiency as well as productivity in the nation's manufacturing industry. The manufacturing industry employs about 27.3 million people and contributes 17% of the country's GDP to the Indian economy. The Indian government aims to increase the share of manufacturing in the country's GDP to 25% by 2025 through the implementation of several policies and programs.574 views -
Legal Framework of Property Insurance in India
Student at Symbiosis Law School, Nagpur, IndiaPages 1653 - 1664Property protections are essential to protecting individuals and companies from financial setbacks brought on by damage or misfortune to their property. In India, property rights are governed by a complicated legal framework made up of numerous laws, regulations, and administrative bodies. This essay provides a detailed evaluation of India's property protection laws, with an emphasis on their legitimate development, present state, and impending future modifications. The first part of the essay examines the development of property rights in India, focusing on significant moments and breakthroughs that have affected the sector. Subsequently, it provides a schematic representation of the laws currently in force in India, including the Protections Act of 1938 and the Protections Administrative and Advancement Specialist Act of 1999, which regulate the establishment and functioning of protecting companies in the nation. The breadth provided by each of the several types of property safeguards available in India, including surge, seismic tremor, and fire precautions, is examined in this article. Additionally, it examines the licensing regulations, capital sufficiency and dissolvability standards, and corporate governance requirements that are relevant to Indian protection companies. The article contrasts India's legal property protection system with those of other countries, including the United States, Japan, Australia, and the United Kingdom. It also discusses policyholder rights and obligations, disclosure pledges made by insurance companies, and grievance mechanisms available to policyholders. It also includes a comparative analysis of property rights. Furthermore, it provides suggestions for strengthening the administrative framework to deal with these problems and promote the expansion and advancement of India's property rights sector.717 views -
Ransomware Attacks: Legal and Regulatory Implications
LL.M. student at Chanakya National Law University, Patna, IndiaPages 1665 - 1672The surge in ransomware attacks poses a complex cybersecurity challenge with global legal consequences. Ransomware, encrypting files and demanding payment for release, has evolved, necessitating a multifaceted legal response. International frameworks and treaties are vital for a collaborative global approach. National regulatory environments shape legal responses, impacting organizations and individuals. Examining victim rights, including decisions on ransom payment, is crucial. Privacy laws, like GDPR and HIPAA, play a significant role due to compromised sensitive data. The role of cyber insurance adds another layer of legal complexity, highlighting the need for a coordinated global legal framework.951 views -
Analysing the Effectiveness of Debt Recovery Mechanisms for Banks in India: A Special Focus on the SARFAESI Act, 2002
Student at Amity Law School, Noida, India.Pages 1673 - 1692The effectiveness of bank debt recovery systems is crucial to a country's financial stability and economic progress. In India, where non-performing assets (NPAs) have been a persistent challenge for the banking sector, the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act of 2002 is a critical legislative intervention aimed at addressing this issue. This research study presents a comprehensive review of the efficiency of debt collection methods for Indian banks, with a special emphasis on the SARFAESI Act of 2002. The paper opens with an overview of debt collection processes in India, including their historical development, regulatory frameworks, and institutional mechanisms. It then gets into the provisions and aims of The SARFAESI Act, analysing how it permits banks to recover NPAs and enforce security interests through mechanisms like as asset reconstruction and security interest enforcement without court intervention. Furthermore, the report assesses the SARFAESI Act's influence on debt recovery, asset quality, and bank financial health. It examines the issues and constraints that banks encounter when implementing the SARFAESI Act, such as legal obstacles, procedural delays, and borrower opposition. Furthermore, the article investigates current modifications, court interpretations, and regulatory actions affecting the SARFAESI Act, providing insights into its changing landscape. Based on comparative analysis and practical insights, the report closes with recommendations for improving the effectiveness of debt collection systems in India, including proposed modifications to the SARFAESI Act policy ramifications for regulators, policymakers, and the banking industry. Overall, this study contributes to the continuing discussion about debt settlement and financial stability, providing useful insights for stakeholders in India's banking and financial environment.930 views -
Pages 1693 - 1698Section 31(4) of the Insolvency and Bankruptcy Code is a provision intended to collaborate the efficiencies of the various corporate and commercial laws when it comes to the resolution of a company. The sub-section was not a part of the original Code and was introduced by the way of an amendment and made effective on 6 June 2018. As per the provision, the Resolution Application is required to obtain the necessary approvals of the other Regulators and adjudicating authorities created under various other applicable laws, after the approval of the Resolution Plan by the Committee of Creditors and the Adjudicating Authority. The proviso to the Section states that in case the RP contains a plan for a ‘combination’, approval of the Competition Commission of India would be required ‘before’ the approval by the CoC. Such a distinction calls for an analysis as to the legislative intent of the proviso and the judicial trends to that effect. Thus, this paper delves into understanding the legislative intent and analyze the judicial trend before reflecting on personal impressions.582 views
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Documentary Evidence under Indian Evidence Act
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 1699 - 1712Document refers to all documents presented in court and used to review submitted documents. Public information and private information are two important types of information. Evidence is, in essence, more and better evidence that the court considers. In cases where there is no primary evidence, secondary evidence is the evidence given by the witness based on his own opinion. For this reason, the information was recorded as evidence. Section 91 and 92 exempt documentary evidence from oral evidence. Oral evidence cannot replace written evidence. Written evidence is included in the evidence for certain offenses specified in Section 91 and is more accurate and reliable as evidence than oral evidence.946 views -
ECI Appointments: The Supreme Court Judgement and The Upcoming Bill
Student at The Law School, University of Jammu, IndiaPages 1713 - 1718The article examines the appointment process of the Election Commission of India (ECI) in light of a Supreme Court judgement and an upcoming bill. It discusses the historical background of the ECI's establishment and the constitutional mandate for its independence. The article analyses the old practice of appointments by the President, highlighting concerns of executive influence and allegations of compromised independence. It delves into the Supreme Court's judgement in response to a PIL challenging the appointment process and the subsequent introduction of "The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023." The article outlines key provisions of the bill related to appointments, qualifications, salary, and removal of ECI members. It concludes with a critical assessment of the bill's implications on the ECI's independence and effectiveness in addressing concerns of executive influence in appointments.887 views -
The Selection Process for Judges: Collegiums System
LL.M. student at Guru Ghasidas Vishwavidyalaya, Bilaspur, IndiaPages 1719 - 1725The process of appointing judges has been a contentious and unclear issue in India for many years. Since gaining independence, there have been numerous efforts to find an effective solution. The Collegium system, which gives significant power to the judiciary, has been the main method for appointing judges. However, in 2014, the government introduced the National Judicial Appointment Commission (NJAC) to replace this system. The NJAC Act was passed by both Houses of Parliament with unanimous support, indicating a desire for change in the appointment process. The goal was to address concerns such as nepotism, lack of transparency, and judicial dominance in judge appointments through a bipartisan effort. Despite this, Justice Krishna Iyer emphasized the importance of judicial accountability and proposed a committee to thoroughly examine the selection of judges. Before the NJAC, there were several attempts to establish a more authoritative commission for nominating judges. However, the Supreme Court recently ruled the NJAC and the 99th Constitution (Amendment) Act illegal and invalid, once again focusing attention on the selection process for higher judiciary judges.748 views -
Pages 1726 - 1733The Article intend to examine the cases and situation of employee who are working in motor vehicle in the different capacity as driver, helper, coolie, labourer etc. on the transport vehicle. Any fatal accident or any other unforeseen occurrence makes the loss of life or some times disablement. As the employer of Such employee are liable to compensate the compensation under the Employee Compensation Act and other applicable laws in India. In the process of getting the compensation by the victim employee, they are facing challenges too from many stakeholder who may be instrumental for the compensation. Author would like to analyse the what are the difficulties to the such employees who is working in any motor and due to any accident, he/she seeks any compensation from the forums. 2nd, Author also would like to examine that what are the role of Insurance Company in India who has insured the vehicle of such transport vehicle which is instrumental in providing the compensation.2,071 views
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Navigating India’s Evolving Foreign Direct Investment Landscape: Trends, Regulatory Reforms, and Implications
Student at Jindal Global Law School, IndiaPages 1734 – 1743Foreign Direct Investment (FDI) holds pivotal significance in India's trajectory towards global economic prominence. This study delves into the effects of FDI on the Indian economy, analysing changing trends and the regulatory framework governing FDI. The historical evolution of FDI regulations in India is traced, emphasizing significant policy shifts and their rationale. Industries like manufacturing, services, retail, and technology, have emerged as primary recipients of FDI, driving technological advancement, job creation, and economic growth. Recognizing the global nature of investment, India has implemented regulatory reforms to attract foreign investments. These reforms, including industry-specific relaxations, procedural simplifications, and liberalization measures, are scrutinized for their impact on both foreign and domestic investors. The study evaluates the complex effects of FDI on various stakeholders in the Indian market. It assesses impacts on domestic sectors, small-scale businesses, and analyses competition dynamics, technology transfer, and innovation ecosystems. Anticipating future trends, the study considers global geopolitical shifts, technological advancements, and evolving trade dynamics in India's FDI landscape. Potential areas for further regulatory enhancement are discussed to maintain India's competitiveness in the global investment arena. In conclusion, this research study offers a thorough examination of FDI's effects on the Indian economy. Policymakers, investors, and scholars can benefit from its comprehensive analysis of historical context, current regulations, and future trends in India's dynamic FDI environment. The study underscores FDI's crucial role in India's continued economic growth and global significance.960 views -
A Law Maker should not be a Person who is Law Breaker: A Critical Analysis
Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, IndiaPages 1744 - 1752The law makers should not be supposed to be a person who are law breakers and who might have committed an offence involving moral turpitude. The aspiring people of Bharat have wishes that the elected representatives should be a person of righteous conduct with high character, who would serve the nation without being tainted with criminal imputations. there are two set of laws regarding disqualifications, one for persons holding statutory and constitutional offices, holding post under Central Government & State Government Services and another holding the membership of the Legislative bodies under the Constitution. Now, moot questions which we have to consider that whether our Constitution permits such two set of laws regarding disqualifications? Whether the provisions regarding disqualifications under the Representation of the People Act, 1951 relating to the members of the Legislative bodies are arbitrary and discriminatory to the provisions under other laws regarding person holding statutory and constitutional offices as well as under various service rules of the Central Government & State Governments employees? Whether such discriminatory laws are violative of article 14 of the Constitution of Bharat?1,219 views -
Harnessing the Potential of Artificial Intelligence in Marketing: A Paradigm Shift towards Enhanced Consumer Engagement
Student at SGIT School of Management, Guru Gobind Singh Indraprastha University, IndiaPages 1753 - 1761Artificial Intelligence (AI) has emerged as a transformative force in marketing, revolutionizing the way businesses engage with consumers. By leveraging big data, machine learning, and robust solutions, marketers can efficiently anticipate consumer behavior and optimize their marketing strategies. Through advanced data analytics, AI enables precise targeting, personalized messaging, and real-time interaction across various channels, ensuring enhanced consumer experiences. This paper explores the profound impact of AI on marketing, encompassing aspects such as improved search algorithms, targeted advertising, content optimization, and the integration of AI-powered bots. Moreover, AI empowers marketers to combat fraud and safeguard consumer data through sophisticated techniques like sentiment analysis, image recognition, and predictive analytics. By fostering a symbiotic relationship between marketers and AI technologies, this research elucidates the path towards more effective and insightful marketing practices.590 views -
Pages 1762 - 1772The burgeoning of the country is exclusively based on the status of the child. The child labour is one of the lingering problems the country is facing from many decades and still ongoing issue for many countries. Globally many countries has taken initiative to eradicate the child labour and implement certain law but still child labour is existing. India is one of the developing country which is on top to force child labour. The problem of child labour is not confined to particular sector it is existing all over the sectors and industries. The future of country is in the hands of children so childhood plays very pivotal role in human development. The problem of child labour found in both rural and urban areas. The main cause which gives rise to child labour is unemployment in the extended family. The children who are engaged in labour force they are not aware of their rights and privileges available for them and the educational scheme of Government. The child labour prevents physical, mental and emotional development of children. Despite unceasing efforts of government through implementation, policies and programmes, the intricacies of child labour has entrenched in society.626 views
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Between Voices: A Linguistic Study of Scaroa v. Union of India
Student at NALSAR University of Law, Hyderabad, IndiaPages 1773 - 1783This paper engages in an exploration of the intersection between law and literature through the analysis of a seminal legal text: the Supreme Court Advocates-on-record Association & Anr—vs. Union of India 2015 case. Drawing on the theories of interpreting language, particularly Mikhail Bakhtin's concept of heteroglossia, alongside related theories from the field of literary studies, delving into the multifaceted nature of legal discourse. The case, which revolves around the issue of judicial appointments in India, provides a rich tapestry of language that goes beyond mere legal argumentation. Through a lens informed by Bakhtinian thought and other similar theories, this study aims to uncover the layers of meaning, the interplay of voices, and the dialogical nature inherent in legal texts. Through an interdisciplinary approach that melds law and literary theory, this project seeks to shed light on how legal language is not a static entity but a living, breathing dialogue between various perspectives, as has been stated by the Living Tree Doctrine. The doctrine famously articulated in Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017), posits, that a constitution is a living document that evolves with society, which allows for a more dynamic and progressive interpretation of constitutional provisions, ensuring that they remain relevant and effective in changing times. By examining the nuances of language, this analysis aims to contribute to a deeper understanding of the role of language in legal decision-making processes.595 views -
In Law no. 28 of 2007 concerning the third amendment of Law no. 6 of 1983 concerning General Provisions and Tax Procedures has been regulated regarding criminal sanctions. However, in practice, these criminal sanctions cannot be applied to legal entities or corporations, because the formula is cumulative, alternative punishment will follow what is stated in the Criminal Code. This research is normative juridical research, which relies on secondary data. Secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that the reconstruction of criminal sanctions in the Tax Law must be carried out, namely changing the formulation of criminal sanctions (patterns of types of criminal sanctions, patterns of criminal formulation), the position of bodies or corporations such as the formulation of criminal sanctions in Corruption Laws and Laws concerning Prevention and Eradication of Money Laundering Crimes.591 views
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Towards a Just Climate: Navigating Complexities and Challenges in Climate Change Discourse and Action
Student at Sister Nivedita University, IndiaPages 1807 - 1827Climate change stands to be the most pressing problem that humanity as a collective species is currently facing. Unrestrained carbon emissions, and the rise of greenhouse gas levels in the atmosphere have resulted in an ever-increasing global warming. This has resulted in the destruction of natural habitats for animals, hampered the aquatic life and has also resulted in the increase of the mean sea level. This research paper delves deep in discussing the impact of such raging climate change. It also sheds light on some restrictive mechanisms adopted by nations in various conventions like The Stockholm Convention, The Geneva Convention, and further looks in to the Rio Declaration and the Kyoto Protocol. This paper also deals with the most burning issue of climate migrants, which is a phenomenon that makes people leave their indigenous lands and migrate to elsewhere owing to the severe climate change that has made living in those areas impossible. This paper discusses mechanisms like Common but Differentiated Responsibilities and Just Transition, which provides with a fighting chance against the climate change. This paper further discusses about Climate Justice as it tries to study climate litigation through the lens of various landmark judgments like the Inuit Petition, Kivalina Case, Juliana Case, Dejusticia Case, and the Minors Oposa Case. The paper before concluding goes into understanding the state of climate litigation in India and Pakistan. It tries to unravel the various governmental policies and judicial decisions that have shaped climate justice in those regions beyond rhetoric.559 views -
Evolution of Bail Provisions in Specialized Criminal Legislation: A Study of Indian Statutes and Judicial Precedents
Student at Amity Law School, Amity University, Noida, IndiaPages 1828 - 1843The dissertation explores the evolution of bail provisions within specialized criminal laws in India, particularly focusing on the shifting landscape influenced by statutes such as the Terrorism and Disruptive Activities Act (TADA) of 1985. The study delves into the impact of stringent bail conditions introduced by specific legislations, analysing how they departed from established principles under the Code of Criminal Procedure. Through an in-depth examination of key legislative enactments like the Companies Act of 2013, the Narcotic Drugs and Psychotropic Substances Act of 1985, and significant case law such as State of Maharashtra v. Vishwanath Maranna Shetty, the research elucidates the rationale behind distinct bail procedures tailored to address complex criminal activities. The dissertation critically evaluates judicial interpretations emphasizing the necessity of rigorous scrutiny in granting bail, particularly in cases involving economic offences. By elucidating the interplay between legal provisions and judicial precedents, this study sheds light on the nuanced approaches adopted within India's criminal justice system towards bail, reflecting broader shifts in legal philosophy and policy responses to evolving criminal complexities.778 views -
Free Speech in Restricted Democracy in India
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 1844 - 1853In a restricted democracy, the concept of free speech becomes a nuanced and delicate matter. While ostensibly championing democratic ideals, these systems often impose limitations on the expression of ideas and opinions. This intricate balance between safeguarding democracy and restricting certain forms of speech raises critical questions about the essence of freedom in such societies. In such contexts, the boundaries of free speech are frequently defined by authorities to maintain social order or suppress dissent. The restriction of certain Viewpoints may ostensibly aim to prevent the spread of misinformation or protect societal harmony, but it inherently challenges the core principles of democracy. Citizens may find themselves navigating a landscape where the right to express dissenting opinions is curtailed, leading to a potential erosion of democratic values. Moreover, the blurred lines between safeguarding democracy and stifling free speech underscore the fragility of freedom in restricted democratic settings. As the state assumes a greater role in delineating acceptable discourse, the risk of stifling innovation, diverse perspectives, and genuine political discourse looms large. Striking a balance between maintaining order and upholding the democratic principles of free expression becomes an intricate dance that defines the very nature of political discourse in such environments. Ultimately, the notion of free speech in restricted democracies underscores the complex interplay between maintaining social stability and upholding the fundamental tenets of democracy. The delicate equilibrium between order and freedom becomes a defining feature of these systems, shaping the discourse and participation of citizens within the constrained boundaries of expression.631 views -
IPR Management, Protection and Enforcement in India Need for Stronger IPR Regime
Student at Amity University, IndiaPages 1854 - 1900Intellectual property rights are the cornerstone for promoting innovation, creativity and economic growth in the global knowledge-based economy. With a growing innovation ecosystem and diverse intellectual capital, India stands to benefit from a strong intellectual property system. However, the current landscape presents multifaceted challenges, from inadequate enforcement mechanisms to legislative gaps that prevent it from realizing its full potential. This dissertation critically reviews the IPR management, protection and enforcement landscape in India, identifies key gaps and makes recommendations. strategies to strengthen the country's intellectual property framework. Through a comprehensive review of the existing literature, case studies and policy analysis, the study explores the importance of a stronger intellectual property rights system to promote innovation, attract investment and secure the rights of authors and innovators. The study addresses complexity. protection of intellectual property rights. management, covering aspects such as patents, copyrights, trademarks and geographical indications, and sheds light on the challenges facing each sector. It emphasizes the need to streamline administrative procedures, increase transparency and develop skills that facilitate the effective management of intellectual property. In addition, the thesis examines the effectiveness of existing legal mechanisms related to the protection and enforcement of intellectual property rights and highlights gaps in the enforcement infrastructure, procedural delays, and the prevalence of counterfeiting and piracy. It advocates for increased enforcement agencies, adoption of advanced technical tools and strict penalties to prevent infringements and protect the interests of rights holders. Based on a comparative analysis and best practices of global jurisdictions, the study offers policy recommendations to strengthen the IPR ecosystem of India. . These include legislative reforms to align national laws with international standards, promote cooperation between stakeholders, and promote awareness and education about intellectual property rights and responsibilities. Finally, this dissertation underscores the need for a strong intellectual property system as a catalyst for innovation and economic growth. . and Social Development in India. By addressing the challenges that hinder the effective management, protection and enforcement of intellectual property rights, a country can leverage its intellectual capital to become a global leader in innovation and creativity.911 views -
Pages 1901 - 1910The concept of women's rights as human rights underscores the importance of addressing gender-based discrimination and violence within the framework of human rights. Gender, a socially constructed concept, has led to hierarchical societal structures that differentiate between men and women, affecting various aspects of their lives. In India, despite constitutional guarantees of equality and fundamental rights, women face numerous challenges such as violence, limited political participation, and societal hierarchies. Legislative measures like the Protection of Human Rights Act and various amendments aim to protect women's rights, but challenges persist. Issues like violence, reproductive health, and political participation remain key areas of concern. Despite legislative provisions, gaps in implementation and patriarchal attitudes hinder progress. The judiciary plays a crucial role in advancing women's rights through landmark judgments like granting equal inheritance rights to daughters and allowing women in the army to serve in permanent commissions. Decisions such as declaring triple talaq unconstitutional and decriminalizing adultery demonstrate the judiciary's commitment to gender equality. Internationally, frameworks like the Universal Declaration of Human Rights and conventions like CEDAW emphasize non-discrimination and equality. However, progress remains slow, and challenges persist, requiring continuous advocacy and action. The recognition of reproductive rights, including access to abortion and contraception, is vital for women's autonomy and health. Despite legal frameworks, discriminatory practices and policies persist, highlighting the need for continued advocacy and legal intervention. In conclusion, while progress has been made in recognizing women's rights as human rights, challenges remain in achieving full gender equality. Addressing systemic discrimination and violence requires concerted efforts from governments, civil society, and international organizations to ensure the protection and fulfilment of women's rights globally.916 views
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Technologies and Traditional Laws: Interrogating the Nexus of Generative AI and IPR in Indian and U.S.A Context
Student at Amity University, Amity Law School, NOIDA, IndiaPages 1911 - 1919The growing incorporation of Artificial Intelligence (AI) into creative processes has sparked significant inquiries regarding intellectual property rights (IPR). This paper explores the intricate relationship between generative AI and IPR, specifically examining copyright laws and use of copyrighted data for training AI models. By conducting a thorough analysis of legal frameworks in the United States and India, we explore the contrasting approaches to safeguarding AI-generated works and the obstacles presented by the use of copyrighted material in AI training. In addition, we delve into the impact of these legal uncertainties on the advancement and effectiveness of AI models. Our study seeks to offer a thorough grasp of the legal and ethical aspects of this ever-changing field.600 views -
Optimizing Financial Security: Harnessing Insurance in Indian Personal Financial Planning
Student at SRM University, Kattankulathur, IndiaPages 1920 - 1926The Indian insurance sector is said to be the tenth largest insurance market in the world and is projected to move up the ladder surpassing South Korea and Germany to the 6th spot . On a macroeconomics scale, growth of the insurance sector influences the economy in a positive way and on a microeconomics scale, growth of the insurance sector plays a key role in shaping the finances of individuals in not just risk aversion but also as a saving mechanism thereby increasing the wealth of an individual. The purpose of this paper is to analyse the key role played by insurance in financial planning of an individual and the existing scenario of insurance in personal finance in India. It also analyses the role of the government in making insurance more accessible to the people.1,028 views -
Status of Individual Rights under Indian Constitution: A Critical Analysis of the Theory of Harmonious Construction between Individual and Group Rights in India
Research Scholar at The National University of Advanced Legal Studies, Kochi, IndiaPages 1927 - 1940Since its inception, the Indian Republic has adopted a constitution with an extensive vision of envisaging a constitutional biosphere that would encompass individuals and the community as a whole and be woven into a single fabric of the state system. The Apex Court, in a plethora of judgments, reiterated the constitutional objective of harmonious construction between individual and group rights. The status and role of an individual in a modern state system is a constant transformation but, at the same time, a constitutional question that hasn’t changed much in its fundamental sense. The changes that had undergone in the structure of a state, as well as the newly gained characteristics of a welfare state, have indeed made changes to the administration of a state. On the other hand, the rights guaranteed to the citizens have remained the same in their original self, though the mode of executing such rights has transformed. Because of its inherent self, the welfare state system has resulted in the origin of many new rights, which has naturally brought about changes in the status and role of an individual in society. This research intends to illuminate the constitutional dynamics between the status of rights guaranteed to an individual inside a democratic society and the changing characteristics of a state system. The author attempts to delve into the unfolding development of human rights and the acceptance of the need for inculcating such renewed facets of human rights into the national system, including recognition of novel facets of individual rights, including the emerging jurisprudence of privacy and bodily integrity.688 views -
Sentencing Discretion and Punishments: Philosophies, Practices, and Perspectives in Criminal Justice Systems
Research Scholar at School of Indian Legal Thought, Mahatma Gandhi University, Kottayam, Kerala, IndiaPages 1941 - 1967This article explores the concept of sentencing as a method of law enforcement by the State, which serves as a mechanism to impose punishment for those who commit crimes. It delves into the philosophical underpinnings of legal sanctions, highlighting the role of the State as the protector of societal order and the guarantor of equality rights, as enshrined in the Indian Constitution. The article further categorizes crimes and punishments, drawing on the works of Durkheim, Bentham, and other theorists to understand the societal reaction to crime and the objectives of criminal punishment. It discusses various theories of punishment, including deterrent, retributive, preventive, reformative, and expiatory theories, and their application in different legal systems around the world, such as the United Kingdom, United States, Australia, South Africa, Canada, Saudi Arabia, Spain, and France. The article also examines ancient penal laws in India and the evolution of sentencing practices. In conclusion, the article argues for a fair, proportionate, and constructive approach to sentencing that considers the needs of the offender, the victim, and society at large, and calls for the implementation of punishment theories in a manner that effectively reduces future crimes and upholds the rule of law.690 views -
Behind the Mask: Human Right Violations against Healthcare Providers in India; A Critical Analysis
Student at School of Law Christ university, Bangalore, IndiaPages 1968 - 1979Violence against healthcare professionals has become a global hazard. The escalating incidence of violence against medical workers in healthcare setting poses a critical challenge to patient care, workplace safety, staff well-being, and the overall quality of healthcare services. Despite the recognition of this issue, there is a lack of comprehensive understanding regarding the contributing factors, and the effective interventions that can mitigate and prevent violence against medical professionals This paper looks into the causes for violence, the existing legal safeguards in India and its effectiveness, it explores the possibility of a uniform legislation involving a multifactor holistic approach to the issue. The paper through a doctrinal exploration of the issue concludes with various innovative suggestions to all the stakeholder of the Indian healthcare system in the fight to mitigate the evils of violence perpetrated on healthcare workers in the light of recent progressions of the post-pandemic world.669 views -
Preserving Sanity in a Digital World: The Legal Imperative to the Right to Disconnect
Pursued LL.M. from Indian Institute of Legal Studies, Siliguri, IndiaPages 1980 - 1989With globalization and its force coming into play, the work-life balance has been more affected as professional life started to overlap with personal life. This results in elevated level of stress and work-related burnout among the employees. The Right to Disconnect comes to the surface as a direct response to this occurrence falling into place to deduce a line between work and leisure. This reading presents an in-depth view of the problems related to the deterioration of the work-life balance, while looking back at the historical roots of the overwork attitude. Besides this, the paper aims to describe the international laws and the best practices from multiple countries to give us a better understanding of how work-life balance is maintained in other cultures. It goes into the historical background of work-life balance legislations and draw on the articulation of historical evolution principles and the industrial revolution as a catalyst to the current revolution work-place. This paper presents a complete study of the changing opinions towards the balance of work and life issues and the rising calls for the ‘right to disconnect’ in the Indian context. It provides an insight into the provisions and implications of the Right to disconnect Bill unlike 2018 that was introduced in the Indian Parliament. Further, it explores the advantages as well as the possible disadvantages of this significant bill. Through due consideration of both demand and the happiness of job owners, India is well placed to show the way for a sustainable, enjoyable work culture, where productivity and personal achievement can be found in a harmonious combination.703 views -
Pages 1990 - 1998In the words of B. Stevenson, “The death penalty is not about whether people deserve to die for the crime they commit. The real question of capital punishment in any country is, do we deserve to kill?” Capital punishment is the most extreme form of punishment a person can be subjected to. It is a highly controversial topic across the globe as it is believed to undermine human rights of a person. There are about 112 countries that have totally abolished death penalty but there are many that still continue the use. Even though in the 21st century we see justice through the lens of human rights and natural rights of a person, capital punishment still continues to be the harsh reality of our world. Countries like China, North Korea, Saudi Arabia, Iran continues the use of death penalty very frequently. More than 1000 executions take place in China every year. India is also one of the retentionist countries that still continues to legalize capital punishment even though it is imposed only in ‘rarest of rare case’. The UN has officially declared that executing a person in the name of justice is incompatible with human rights. Capital punishment is against humanity and violates right to life of a person. Human life is sacrosanct and death penalty must not be imposed recklessly without weighing the seriousness of the crime as “Life is precious and death is irrevocable.” State has no right to take life of a person even if there is a slim chance for the offender to be reformed no matter how heinous the crime is.859 views
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Pages 1999 - 2008Crime is not the novel word it is existing since civilization established . There are two types of crime one is done on narrow level and another is done on the gargantuan level. White collar crime encapsulates a kind of crime which is done by the opulent class or who is kingpin of the technology or other quotidian appliance. The crime is done in such a orchestrated manner that there is less chance to caught the miscreants .Currently the proliferation in the white collar crimes in India is exerting a nefarious impact on the Society as well as on the economy. It includes financial embezzlement, defalcation of money, misappropriation of money, bamboozlement, Ponzi scheme etc. White collar crime is a pejorative word because it is pernicious to the economy. To tackle this uncertainties the government of India must take tyrannous action to plummet the rate of upsurging number of white collar crimes in India. The over all view through discourse analysis of white collar crimes in India is that it stipulates that it is more treacherous to economy if we juxtapose to ordinary crime.614 views
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Constructing the Crime of Rape and the Boundaries of Consent: The Law, Reform and Developing Critical Analysis
Student at Amity Law School, Noida, IndiaPages 2009 - 2030Crimes against women, particularly those violating their bodily autonomy and sense of safety, have long plagued societies worldwide. While the specific forms and impacts of these crimes have shifted over time, their devastating consequences remain. This paper delves into the complex phenomenon of rape in India, focusing on its evolution, societal roots, and legal landscape. The paper journeys through the "lifecycle" of rape, starting with its historical context and cultural influences. It examines how social change can alter cultural and social institutions, potentially impacting the prevalence and perception of rape. This analysis highlights the need to dismantle harmful myths and misconceptions surrounding sexual violence. Next, the paper dives into the legal framework surrounding consent in India. It analyses relevant provisions in the Indian Penal Code, Evidence Act, and Code of Criminal Procedure, exploring the current understanding and challenges associated with defining and establishing consent. Examining the societal factors that contribute to a "rape culture" is crucial. To understand the practical application of legal frameworks, the paper delves into case studies. Significant court decisions related to consent and rape are discussed, demonstrating how judicial interpretations shape legal standards and influence the course of justice. Finally, the paper emphasises the crucial need for critical analysis and ongoing reforms. Addressing the complexities of rape requires constant re-evaluation of legal frameworks, social attitudes, and cultural norms. Only through sustained efforts can we create a society where women are truly safe and respected.630 views -
Pages 2031 - 2041The aim of the study is to find out the food safety and also concluded whether the food we consume outside is safe and healthy. Using the questionnaire method the respondents were collected and the data to find out whether the food we consume is safe and hygiene. People all around the world are afflicted with different diseases as a result of eating unsafe and unsanitary food. The term "food hygiene" mostly describes methods used to keep food free of microorganisms from the farm to the table. A closely related but more general notion is "food safety," which refers to the absence of any contaminants or risks in food. Both terms are interchangeable in real life.595 views
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Caste System “The Evil”: A Study from Socio-Legal aspects of the Society
Student at Faculty of Law, Cotton University, Guwahati, Assam, IndiaPages 2042 - 2055To understand caste system and its associated terms and discrimination, it is important to understand the complexity of the caste system, from the perspectives written down in books and from the practical view as well. It has its roots from the ancient society but it took another turn and with different perspectives when the role of colonialism came into picture in shaping the caste system as it exists today. Various provisions are been made by the framers of the Constitution to safeguard them as well as government initiatives been taken to implement various laws like SC and ST Atrocities Act, etc., This article studies about how the system existed and followed by the people of India since its inception and the impacts that had on the society . It also tried to study the affirmative action’s that are brought by the government along the name of reservations and quota system in the country to uplift them so that they can get out from the long suppressed and miseries that they suffered since ages.759 views -
Shattered Illusions: Revealing the Reality behind Adani’s Stock Plunge Hindenburg v. Adani
Student at ICFAI Law School, IFHE, Hyderabad, IndiaPages 2056 - 2065The growing developments in the country and funds to the government in the contemporary world are predominantly due to IT services. The government continued to invest immensely in the development of the companies and encouraged entrepreneurship, ultimately boosting employment rates. Therefore, this increment in the employment rates will contribute immensely to National development and ultimately to the National Income. Where there is development, there is scope for wrongdoings; in this context frauds, manipulation, Unimaginable amounts of related party transactions, etc. With this pretext, The Hindenburg Research claims one such case is allegedly said to be the Adani group. Due to this report, the stock value of the Adani group crashed at a catastrophic level. War broke between the two entities since the report was published at the beginning of 2023. The present paper aims to focus on some of the claims made by the Hindenburg reports on the Adani Group and understand them from the Indian Judicial perspective.542 views -
Lex Mercatoria: From Ancient Roots to Modern Commerce – Unifying Global Trade Practices
Student at National Law Institute University, IndiaPages 2066 - 2073This article talks about the historical development and contemporary relevance of Lex Mercatoria, also known as the Law Merchant, which originated during the Middle Ages and the Early Modern Period. It examines how Lex Mercatoria evolved as a body of general laws and customs governing international commerce, transcending national legal systems. The concept of party autonomy, allowing contracting parties to choose the governing law for their agreements, is explored in detail, highlighting its significance in modern private international law. The article also discusses efforts to standardize international trade law through organizations like the United Nations and UNIDROIT, with examples such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. Furthermore, it delves into the notion of a "new Lex Mercatoria" aimed at unifying international commerce law and its potential impact on global trade relations. Overall, the article underscores the enduring influence of Lex Mercatoria on contemporary international trade law and the ongoing efforts to balance party autonomy with the need for standardized legal frameworks in a complex and interconnected global economy.906 views -
A Critical Study on Sexual Harassment in IT Companies with special reference to Chennai
Student at Saveetha School of Law, IndiaPages 2074 - 2088This research explores the various difficulties that men and women who work late hours encounter, with a particular emphasis on topics pertaining to sexual harassment, health effects, and safety. The goal is to recognize these issues and suggest solutions so that everyone may work in a safer and healthier environment. First, the research looks into the unique safety issues that women face when working late shifts. This entails assessing possible dangers including using public transit, going on solitary walks in dimly lit places, and coming across strange or remote work surroundings. By identifying these issues, focused plans may be created to improve safety procedures and give female employees support networks.Secondly, the short-term and long-term health impacts of late-night work on both women and men are examined. Research has shown that irregular work schedules, disrupted sleep patterns, and exposure to artificial light can lead to various health issues, including insomnia, fatigue, and increased risk of chronic diseases. By understanding these health implications, employers and policymakers can implement interventions to promote employee well-being and mitigate adverse effects.Finally, the research explores the issues that men and women deal with when it comes to sexual harassment at work. Instances of misbehaviour and harassment continue despite efforts to address this problem, especially during late-night hours when fewer people are around. Organizations may create comprehensive preventative strategies and support systems to guarantee a safe and respectful work environment for all workers by investigating the underlying causes and dynamics of sexual harassment.This study concludes by emphasizing how critical it is to address health risks, safety problems, and sexual harassment issues related to late-night work. Through the implementation of focused interventions and a proactive approach, companies may foster a work environment that prioritises the safety and well-being of all employees, irrespective of gender. This preserves the core values of equality and decency in the workplace while also increasing productivity and retention.665 views -
Separation of Power in the Contemporary State
LL.M. student at Chanakya National Law University, Patna, IndiaPages 2089 - 2112The theory of separation of powers, a fundamental principle of modern governance, divides political authority among three branches: executive, legislative, and judicial. Initially proposed by political theorists like as Montesquieu, its use has changed greatly in modern governments. This abstract looks at the doctrine's applicability and problems in today's political context. In modern states, the separation of powers protects against tyranny and ensures checks and balances within government systems. However, given today's realities, its execution is fraught with complexity. Technological improvements, globalisation, and the growing complexity of policy challenges have blurred conventional divisions across branches. Furthermore, the rise of executive dominance in some systems calls into question the principles' essential assumptions, raising issues about accountability and power concentration. The convergence of powers in some parliamentary systems complicates the division, raising questions about the doctrine's efficiency in safeguarding democratic values. Furthermore, the involvement of non-state entities, such as multinational firms and international organisations, creates new dynamics that call into question traditional notions of power separation. These organisations exert tremendous power over government decisions, frequently operating outside the purview of democratic review. In response to these obstacles, modern states are reconsidering the doctrine's application, looking for novel methods to preserve its integrity. To sustain democratic norms, institutional processes must be strengthened, transparency enhanced, and citizen involvement promoted. To summarise, while the idea of separation of powers remains a key premise in modern nations, its application necessitates ongoing change to reflect changing political realities. By tackling issues such as executive dominance, technological improvements, and the influence of non-state actors, governments may ensure that the division of powers remains a cornerstone of democratic administration in the twenty-first century.929 views -
Dynamics of Property, Power, Women and Development
Student at National Law School India Univesity, Bangalore, IndiaPages 2113 - 2124Plenty of literature has been written on discrimination faced by women in securing equal property rights. Law has been used to justify and embolden male domination and ensure property rights remain exclusive to men. This paper will delve into the rights of Hindu, Muslim and Christian women while first examining the connection between property, power and women’s position in society. Secondly, posting that social reforms along with legal reforms in property rights are prerequisites to secure women’s empowerment and the overall socio-political and economic development of society.584 views -
Balancing Judicial Independence and Judicial Accountability: A Case for Transparency and Diversity in Collegium System
Student at National Law School India Univesity, Bangalore, IndiaPages 2125 - 2135The author has examined the dichotomy between judicial independence and judicial accountability in the context of the collegium system. This issue is important because of the contemporary debates on the need for judicial accountability in the appointment of judges in the higher judiciary. The author has explored the need for judicial accountability in the appointment process of judges. The author argues for a harmonious balance between judicial independence and judicial accountability by bringing in reforms in the way appointments to higher judiciary are executed. For such, The methodologies employed are descriptive analysis and normative argumentation. The structure of this paper is as follows: In Part I, the author has given a brief doctrinal justification for judicial independence. Building on this, in Part II, the author has elucidated the importance of judicial independence by looking at the collegium system. In Part III, the author has substantiate the need for judicial accountability in the appointment process. In Part IV, Building on the need for judicial accountability, the author has made a case for transparency and diversity in the appointment process via the collegium system. Finally, in Part V, the author concludes by asserting a harmonious balance between judicial independence and accountability.1,023 views -
A Study on Marine Plastic Pollution and its Preventive Measures
Student at Saveetha School of Law, Chennai, IndiaPages 2136 - 2153Marine plastic pollution is an escalating ecological issue, with an estimated 8 million metric tons of plastic waste entering the ocean annually. This study investigates the origins and pathways of marine plastic pollution, evaluates its impacts on marine ecosystems, analyses extant international regulations and policies, and identifies effective preventative measures. The crucial topic of marine plastic pollution and its mitigation is the main emphasis of this extensive investigation. A review of the international policies and regulations currently in place to address this growing issue, an analysis of the sources and pathways of marine plastic pollution, an evaluation of its effects on the fragile marine ecosystem, and an assessment of the efficacy of different preventive measures are the main goals. The research attempts to offer insightful information by looking at these important areas, which can help direct conservation efforts, influence policy decisions, and support the global preservation of marine habitats. This study aims to be a significant contribution to the ongoing battle against marine plastic pollution by using a comprehensive methodology that includes research, analysis, and assessment. A descriptive research methodology with a convenient sample of 204 participants from Chennai was utilised. Results demonstrate that primary sources of marine plastic are terrestrial, including plastic waste from coastal areas entering waterways and ultimately oceans. Plastic pollution poses significant threats to marine life via ingestion and entanglement. Current international policies have proven insufficient in stemming plastic waste and ocean leakage. More effective preventative measures are imperative, encompassing waste management infrastructure improvements, reduction of single-use plastics, increased recycling, and enhanced public education. This study concludes that mitigating marine plastic pollution necessitates a holistic approach addressing waste management, upstream production and consumption, policy reform, and technological innovation globally. These findings provide insights to inform future research and policy efforts to address this ecological challenge.699 views -
A Study on Prostitution and its Legality
Student at Saveetha School of Law, Chennai, IndiaPages 2154 - 2168Prostitution is a business of engaging sexual activity in exchange for payment. In India prostitution is legal but no express provision is present stating it’s legality but trafficking is illegal. Not only women but children as well as transgender people engage in prostitution. Sex workers in India have difficulty to access health care and face discrimination as in the society prostitution or anyone associated with prostitution is seen as a bad stigma to the society. People who engage in prostitution have to get proper health checkup on a regular basis without any barriers. The objective of the research are to examine the factors behind the women’s entry into sex work, to identify the abuses faced by the sex workers, to examine the agreeability towards the implementation of government schemes made for sex workers, to study the opinion on the discrimination faced by the sex workers on day to day life and to study on the violation of the rights of sex workers by the people in society. The research was done as descriptive research and the data was collected through questionnaires and the sample size is 208. The collected data was studied through a convenience sampling method, the data was collected in and around Chennai. The independent variable of the research are age, educational qualifications, employment status, marital status and gender whereas the dependent variable of the research were examine the factors behind the women’s entry into sex work, to identify the abuses faced by the sex workers, to examine the agreeability towards the implementation of government schemes made for sex workers, to study the opinion on the discrimination faced by the sex workers on day to day life and to study on the violation of the rights of sex workers by the people in society and the tools that were used for analysis are graphs, chi-square and anova. The important findings of the research are that poverty and illiteracy are the factors behind women entry into sex work and rape, physical abuse and inability to negotiate safe sex are strongly agreed by the respondents as the abuses faced by the sex workers.581 views -
A Study in Examining Relationship with Sleep Quality and Psychological Problems of Adults with special reference to Chennai
Student at Saveetha School of Law, Chennai, IndiaPages 2169 - 2187Good sleep is essential for general health, and there is a lot of research on the connection between poor sleep and psychiatric issues. The interaction between adults in Chennai, India, is investigated in this study. The aims of this study are to determine the frequency of sleep disruptions, examine the association between these issues and psychological issues, and pinpoint possible risk factors. Adult participants will be chosen from a variety of contexts for a cross-sectional research. Validated questionnaires, such as the Depression Anxiety Stress Scales (DASS-21) and the Pittsburgh Sleep Quality Index (PSQI), will be completed by participants. We will also gather medical history, lifestyle variables, and demographic data. Results are expected to show that a considerable percentage of individuals in Chennai have sleep problems and that psychiatric symptoms and poor sleep quality are positively correlated. Risk factors include stress at work, financial position, and lifestyle choices. The purpose of this research is to shed light on the connection between people' psychological health and their sleep quality in Chennai, allowing for more focused treatments to enhance results. The quality of sleep has a major impact on general wellbeing, but less is known about how it relates to psychological issues, especially for individuals living in cities like Chennai, India. By examining the frequency of sleep disruptions, their association with psychological issues, and the identification of possible risk factors, this study seeks to close this gap in knowledge. Adults from various Chennai contexts will be recruited for a cross-sectional research. In addition to answering validated questions about their demographics, lifestyle, and health, participants will also complete the Depression Anxiety Stress Scales (DASS-21) and the Pittsburgh Sleep Quality Index (PSQI).It is anticipated that a significant number of individuals in Chennai would have sleep problems, and that there will be a positive association between psychiatric symptoms and poor sleep quality. Stress at employment, socioeconomic position, and lifestyle choices are all anticipated risk factors. In order to enable focused treatments for better results, this study aims to clarify the complex link between individuals' psychological well-being and their sleep quality in Chennai. It is anticipated that a significant number of individuals in Chennai would have sleep problems, and that there will be a positive association between psychiatric symptoms and poor sleep quality.614 views -
Pages 2188 - 2204The International Criminal Court was created through the adoption of the Rome Statute on July 17, 1998. It came into effect on July 1, 2002. By July 1, 2005, a total of 99 States had ratified or acceded to the Statute. The Court functions as an autonomous and enduring legal body, responsible for addressing individuals accused of the gravest international offences, including genocide, crimes against humanity, and war crimes. The Statute acknowledges that it is the States' primary responsibility to investigate and punish these crimes. The Court supports and works alongside States in their endeavours to investigate and prosecute international crimes. The jurisdiction of the court is limited to cases where national systems are unable or unwilling to conduct proceedings. The Court aims to contribute to the prevention of serious international crimes by ensuring that those responsible for genocide, crimes against humanity, war crimes, and aggression are not able to escape punishment. The International Criminal Court aims to support endeavours to restore and uphold international peace and security, while ensuring the enduring promotion and enforcement of international justice. Nevertheless, the Court cannot achieve success on its own. The work of the Court relies on the collective effort and collaboration of all States parties, as well as other States, international organisations, and civil society. The ICC does not possess a jurisdiction that extends beyond national boundaries in the strictest sense. The voluntary renouncement of a portion of domestic jurisdiction by the sovereign States involved and the gradual process of auto-The challenges faced by the International Criminal Court include the ongoing limitation of power by sovereign States.798 views
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Pages 2205 - 2214Freedom of speech is one of the most enjoyable right in democratic country. Freedom of speech is also considered as “first generation right” which means it protecting government interference in individual right. India is also democratic country. And freedom of speech and expression granted as fundamental right. Freedom of speech and expression is mentioned in article 19(1)(a) of Indian constitution. Indian judiciary extended its scope time to time such as freedom of press, right to information, right to remain silence etc. While right to speech is not an absolute right, so some reasonable restrictions is also imposed by constitution of India. Article 19(2) of Indian constitution-imposed restrictions on Right to speech. For example, one who work in an office, company or other places can not share secrets (such as customer data or a production process) or arm secrets, there combat plans or other secret plan the government. While it is also mentioned in constitution that at the time of state of emergency or war, the government may impose some restriction on free expression of its citizens. This is Indian judiciary who defined which is restricted or not by its judgement. Some imposable restrictions are Security of state, public order, contempt of Court, defamation etc. Freedom of speech means freedom is paramount in a democracy. If someone cannot speak freely, it often means that their liberties are being restricted by some powerful people. Enjoying these rights - without any fear or unlawful interference of someone - is central to living in an open and fair society; where people can access justice and enjoy their human rights without any obstruction.1,129 views
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Pages 2215 - 2225Economic crimes or financial crimes are those sets of crimes which a culprit commits in order to get some kind of benefits of his own or for some other collective purpose which is illegal in nature. It is a small term with a wider meaning and covers a much larger aspect of crime which is beyond the imagination of a normal human being. From fraud to Cyber Crime, every crime is larger in its own ambit. Its covers not only a smaller area of a country but also covers the whole world as crimes like money laundering are not endemic in nature but are pandemic and as a result affects a larger group of people. It is a global challenge to tackle now and every government in this world is trying their best to curb these challenges and maintain proper piece and harmony in the society. In early period these crimes were not that severe in nature and used to affect only few individuals but with the advent of new technologies and internet people started inculcating wrong ideas in their minds. Further by grasping more knowledge about internet and its uses people with evil minds started practicing illegal activities like fraud and cyber crime which caused great havoc between various sections of the society and further caused great catastrophic damages to the society and people living in it. It became rigorous for the authorities to control these crimes and even more challenging to maintain peace and provide justice to the affected individuals. As the technology evolved these evil mind people started targeting fragile areas related to the finance sector hence disturbing the economy. For curtailing these crimes various government authorities and international organizations like ECOSOC (Economic and social crimes), FATF (Financial action task force), ACAMS (Association of certified anti money laundering specialist), IMF (International monetary fund) are putting their best put forward.673 views
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From Labour to Creativity: A Comparative Analysis of Originality Thresholds in Copyright Law
LLB (Hons.) (Colombo), Attorney-at-Law, CIMA Dip MAPages 2226 - 2249Originality stands as a crucial requirement that must be met for a work to qualify for copyright protection. In its essence, originality serves as a key threshold that determines the balance between the author’s rights and the public interest. In many legal systems, the legislature often does not address the required level of originality for a work, making judicial interpretation valuable in determining its bounds. The varying rigorousness of the different originality tests may affect the balance of the relationship between the author’s interests and the wider social goals. Hence, it is the researcher's objective to explore distinct thresholds of originality found in the legal frameworks of the UK, the USA, Canada, and India; to identify their key features and drawbacks. Accordingly, the research aims to discover the ideal threshold of originality for Sri Lanka, that can ensure a harmonious balance between authors' rights and the public interest. The researcher employs, the qualitative research methodology, relying on primary sources such as international standards, domestic laws, and case law, while secondary sources, including books, and journal articles, are utilised to provide supplementary insights.1,189 views -
A Critical Analysis of the Situation in South China Sea: Background, Issues, and Possible Solutions
Student at MIT World Peace University, School of Law, Pune, IndiaPages 2250 - 2271In today’s globalized world, international trade is the crucial foundation upon which the entire world is reliant. A huge majority of that trade is carried out through maritime operations due to the relatively cheap costs as well as the vast volumes of goods which can be transported. Over the years, international maritime law has worked to secure the global interest of international trade by ensuring that major sea trading routes around the world are secured by instilling concepts like ‘free passage’, etc. However, despite these protections of international maritime law, there remains one major exception i.e., the South China sea. Despite being one of the most essential sea trade routes, the South China Sea remains a major flashpoint for potential naval confrontation or trade closure which can have serious ramifications on international trade and the global economy. The aim of this research paper is to critically analyze the background of the South China sea dispute, current developments, possible ramifications, as well as study the possible solutions to this major problem.575 views -
Pages 2272 - 2285The issue of women's rights and gender roles is multifaceted and convoluted in India as a result of the many societal, cultural, and historical factors that play a part in the country. Despite the fact that the Indian Constitution guarantees equal rights for men and women, many aspects of Indian society continue to treat women unfairly and subject them to discrimination. Women in India face a number of challenges and roadblocks on their path to achieving equal rights and opportunities. These challenges and roadblocks include gender-based violence, a lack of access to economic and educational opportunities, societal expectations, and stereotypes regarding gender role expectations. Efforts to advance gender equality in India include, but are not limited to, raising awareness of issues such as domestic abuse and sexual harassment; advocating for legislative and policy changes to defend women's rights; improving women's access to education and employment opportunities; and enhancing women's access to education and employment opportunities. Old gender norms and stereotypes continue to have an effect on society's expectations and behavior, despite the fact that they damage both men and women. In spite of these challenges, a significant number of individuals and organizations in India are working to improve gender equality and challenge the conventional gender stereotypes. For example, one of the goals of the Beti Bachao, Beti Padhao campaign is to expand the role that women play in society and to promote the education of young women. Women's rights organizations and activists are also working to raise public awareness of gender-based violence and to promote legislative and regulatory changes to better protect women's rights. These efforts are being supported by the public. In general, establishing gender equality and dismantling gender stereotypes in India will need unceasing efforts and lobbying on the part of individuals and organizations operating in a wide range of societal contexts. In spite of the fact that certain strides have been made, there is still a great deal of work to be done before women in India may enjoy equal rights and opportunities, as well as a life free from prejudice and violence.631 views
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A Study on Balancing Act between Data Protection and Market Competition
Student at SRM School of Law, SRM Institute of Science and Technology, Kattankulathur, Chengalpattu District, IndiaPages 2286 - 2300This research paper provides a concise overview of the Balancing act between data protection and Market competition. Both Privacy regulation and Competition law are inter connected. Nowadays consumers are more concerned about their personal data and sharing these data to companies affects their privacy. Where Privacy violation is the fundamental right under Indian Constitution. As a result of it, Government started to implement stricter privacy regulations which affects the companies. Because all companies especially smaller ones cannot afford costly Data protection procedures. This eventually hurts companies profits and affects the market competition. Apart from this, it also focuses on companies or firms that prioritize data protection over market competition . And how much data privacy is important for the consumers , what are the difficulties undergone by consumers in sharing their personal data to companies, firms, websites etc. This paper also establishes the laws enacted by Government of India in relation to Data protection along with comparison of European Regulation GDPR (General data protection regulation). And provides some ways for companies to balance both data protection and market competition.535 views -
Exploring the Nexus between Family Instability and Juvenile Delinquency: A Comprehensive Study
Student at Chanakaya National Law university, Patna, IndiaPages 2301 - 2318The relationship between family instability and juvenile delinquency has garnered significant attention within the realm of criminological research. This abstract presents a comprehensive review of existing literature, aiming to elucidate the multifaceted nexus between these two constructs. Family instability encompasses various dimensions, including parental separation, divorce, remarriage, parental substance abuse, economic hardship, and domestic violence. These factors can disrupt familial cohesion, stability, and supportive environments crucial for healthy child development. Research consistently indicates a strong correlation between family instability and increased likelihood of juvenile delinquency. The disruption of familial bonds and inconsistent parental supervision resulting from family instability often lead to heightened risk-taking behaviors and delinquent activities among adolescents. Moreover, exposure to parental conflict, substance abuse, and other forms of dysfunction within the family environment can exacerbate delinquent tendencies. Understanding the nexus between family instability and juvenile delinquency is essential for developing effective intervention and prevention strategies. Policies and programs aimed at promoting family resilience, strengthening parental bonds, enhancing social support networks, and providing resources for at-risk families can mitigate the adverse effects of family instability on juvenile delinquency. Additionally, targeted interventions focusing on early identification and intervention can help disrupt the cycle of delinquency perpetuated by unstable family environments.913 views -
The Practice of “Untouchability” in India: Norm of Seven Decades and Still Counting
Student at SVKM’s Narsee Monjee Institute of Management studies, Indore, IndiaPages 2319 - 2335This research paper delves into the multifaceted dimensions of untouchability in India, the exploration begins with an elucidation of what untouchability entails. It functions as a societal structure upholding and endorsing discriminatory, degrading, isolating, and exploitative actions against individuals from specific social categories, it entails regarding certain individuals as ritually unclean, to the point where their mere presence or physical contact is believed to bring about impurity. After the passing of untouchability offences act, 1955 the National Crime Records Bureau report shows that there exist still the instances of untouchability leading into an increased crime rate against Dalits. The entrenched nature of untouchability within society persists despite the concerted endeavours undertaken by legislative and judicial bodies through the enactment of distinctive statutes and the establishment of precedents aimed at eradicating inhumane practices like untouchability and untreated manual scavenging. This research paper focuses on the popular theories regarding the origins of untouchability. Although popular belief frequently links its origins to old Hindu texts, this view is challenged. Rather, it puts forth a different theory that links the origins of untouchability to the work of Herbert Risley during the colonial era, when he divided Indian society into set castes for administrative reasons. This study explores the continued existence of untouchability after the Untouchability Offenses Act's implementation in 1955. It challenges widely held beliefs about the efficacy of legislative measures to disentangle the intricate reasons for the persistence of discriminatory practices through an analysis of the socio-political environment, legal frameworks, and cultural dynamics. This research paper emphasizes relationship between untouchability and the rising crime rates in India. By scrutinizing crime statistics and drawing correlations between socio-economic disparities and criminal activities, it aims to highlight the intricate interplay between caste-based discrimination and its contribution to criminal trends in the country.1,510 views -
Impact of Media Trial on Right to Privacy: A Critical Analysis
Ph.D. Research Scholar at Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, IndiaPages 2336 - 2347In the modern world and at present, the media is an essential and vital source of information that shapes public attitudes and activities. Media has evolved from a tool for conveying information and sharing information to an active way of being involved and partaking. Due to the frequent prevalence of technology, automation breakthroughs, technological advancements, and headway, the print and electronic media rostrum have changed and highly developed over time, stressing the importance and magnetism of freedom of the press. The media plays a substantial role in determining the perception and awareness of society. Media platforms have the power to completely alter how people view several events. The phrase media trial often refers to a process where the media platforms conduct their independent investigation of instances before the beginning of the legal trial in court. The accused person's judicial trial is not fairly represented by this approach. This research paper's goal is to provide a thorough study of media trials. In this research paper, we will discuss the effects of media trials on an individual's privacy. Furthermore, the goal of the study is to interpret how media trials affect the judicial system. This piece of writing provides a thorough review of the advantages and disadvantages of media trials in society.808 views -
Understanding Digital Copyright
Student at Amity Law School, Noida, IndiaPages 2348 - 2356In the contemporary digital age, the notion of copyright has undergone profound transformations, necessitating a comprehensive examination of its intricacies. This abstract explores the multifaceted dimensions of digital copyright, encompassing its challenges, innovations, and potential resolutions. Digital copyright encompasses a broad spectrum of rights and protections aimed at safeguarding the intellectual property of creators within the digital domain. It grapples with issues related to the reproduction, distribution, and utilization of digital content, spanning text, images, audio, video, and software. However, the inherent ease of replication and dissemination afforded by digital technology has precipitated widespread infringement, posing substantial hurdles to copyright enforcement. A primary challenge in the realm of digital copyright lies in achieving a delicate equilibrium between the rights of creators and the interests of users and the broader public. Navigating this balance entails grappling with intricate legal frameworks, including provisions for fair use, the implementation of digital rights management (DRM) technologies, and adherence to international treaties. Advancements in digital copyright enforcement have been propelled by legislative measures such as the Digital Millennium Copyright Act (DMCA) and technological innovations like content identification algorithms. These mechanisms strive to combat online piracy, mitigate unauthorized use, and ensure equitable compensation for creators. Nonetheless, the efficacy of digital copyright enforcement remains impeded by persistent challenges, including the proliferation of online piracy platforms, jurisdictional complexities, and the rapid evolution of digital technologies. Additionally, the emergence of user-generated content and the burgeoning sharing economy have blurred the boundaries between creators and consumers, necessitating a reassessment of conventional copyright paradigms. Addressing these challenges demands a multifaceted approach that integrates legal, technological, and educational strategies. Such an approach must prioritize the protection of creators' rights while fostering innovation, enhancing access to knowledge, and safeguarding the public interest. In summary, digital copyright constitutes a multifarious and dynamic domain necessitating continual dialogue, collaboration, and adaptation. By navigating these complexities with foresight and adaptability, stakeholders can cultivate a digital ecosystem that upholds the principles of creativity, innovation, and reverence for intellectual property rights.753 views -
Humanitarian Crisis or Solution?: Examining the Implications of the Citizenship (Amendment) Act, 2019
Student at Sister Nivedita University School of Law, IndiaPages 2357 - 2373The Citizenship (Amendment) Act, 2019 (CAA) has ignited a contentious debate in India and beyond, raising questions about its humanitarian implications. This paper critically examines the CAA's impact, considering both its potential as a solution for persecuted minorities and its perceived role in exacerbating existing social, political, and humanitarian challenges. The CAA aims to provide expedited citizenship pathways to persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. Proponents argue that it serves as a humanitarian gesture, offering refuge to those facing religious persecution. However, critics contend that the act is discriminatory, particularly against Muslims, and undermines India's secular fabric by privileging specific religious identities in citizenship criteria. This paper delves into the complexities surrounding the CAA, analyzing its constitutional validity, international ramifications, and misinterpretations. It explores how the act intersects with broader issues of communal harmony, identity politics, and marginalization, posing challenges to social cohesion and diversity preservation. Additionally, the paper investigates the political implications of the CAA, including its potential to shape alliances, voter dynamics, and communal tensions. Navigating these complexities demands a nuanced understanding of the CAA's implications, weighing humanitarian imperatives against constitutional obligations. The paper underscores the importance of promoting dialogue, inclusivity, and respect for diversity to address the legitimate concerns of all communities and secure a peaceful and harmonious future for the nation. Ultimately, it seeks to contribute to informed discourse and decision-making surrounding the CAA, recognizing its potential to either exacerbate humanitarian crises or serve as a viable solution for persecuted minorities.634 views -
A Study on Impacts of Right to Information Act in India
Student at Saveetha School of Law, Saveetha Institute of Medical And Technical Sciences, Chennai, IndiaPages 2374 - 2390The Right to Information Act (RTI Act) enacted in India in 2005 has brought about significant changes in the country's governance and transparency landscape. This abstract provides an overview of the impact of the RTI Act on various sectors and stakeholders in India. The RTI Act aimed to empower citizens by granting them the right to access information held by public authorities. It has played a pivotal role in promoting transparency, accountability, and participatory governance in India. The act has facilitated the flow of information from government bodies to citizens, thereby enhancing citizen engagement and enabling them to make informed decisions. The impact of the RTI Act has been observed across different sectors. In the political sphere, it has fostered a culture of accountability among politicians and government officials. The act has enabled citizens to obtain information about government policies, decisions, and actions, leading to increased scrutiny and reduced instances of corruption. The act has also empowered marginalized communities to demand their rights and access entitlements. However, challenges and limitations persist in the effective implementation of the RTI Act. Instances of delays in providing information, denial of access, and lack of proactive disclosure have been reported. The act's effectiveness relies heavily on the responsiveness and commitment of public authorities to uphold the principles of transparency and accountability.1,012 views -
An Empirical Study on Victim Compensation under Criminal Justice System
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical, Sciences (SIMATS), IndiaPages 2391 - 2409Victim compensation under the criminal justice system refers to financial assistance and support provided to victims of crime. This compensation is typically funded by the government and aims to help victims cope with the financial burdens that often result from being a victim of a crime. The specifics of victim compensation programs can vary significantly from one jurisdiction to another, but they generally cover expenses such as medical bills, therapy, funeral costs, lost wages, and other out-of-pocket expenses related to the crime.In India, victim compensation is governed by the Victim Compensation Scheme under the Code of Criminal Procedure (CrPC) Amendment Act, 2008 (Section 357-A). This section was specially made for the victims or their dependents who have suffered loss or injury as a result of the crime.989 views -
Pages 2410 - 2420The Kanyakumari district's fishermen deal with a variety of financial issues in their companies as well as socioeconomic and environmental difficulties. The study's primary goals are to investigate the occupational safety and health of fishermen in coastal areas, examine the earnings and expenses of fishermen, and examine the challenges that fishermen have while fishing. The schedule approach was used to obtain the respondents' primary data. The secondary data came from papers and journals. The data from the respondents is gathered using the sampling approach. There are one hundred respondents in this survey to examine the fishermen's issue. Descriptive statistics, such as the simple percentage, were employed to describe the socioeconomic status of the fishermen. The findings and the observations are the outcome of the interpretation made at the time of the study analysis.852 views
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A Study on Necessity of Eco-Friendly Technologies in Daily Life in Tamil Nadu
Student at Saveetha School of Law, Chennai, IndiaPages 2421 - 2437Eco-friendly or "green" technologies provide solutions that reduce greenhouse gas emissions, waste, pollution, and resource consumption compared to conventional options. Examples include renewable energy like solar, wind and hydropower; electric vehicles; energy-efficient appliances; biodegradable and recyclable materials; organic agriculture techniques; and green buildings with features like passive solar design. Transitioning key sectors to run on green technologies can significantly lower humanity's environmental footprint and mitigate climate change and resource depletion issues. Doing so will require overcoming technical, economic, and social barriers. Unsustainable practices across sectors including energy generation, manufacturing, transportation, agriculture, and construction have led to issues like climate change, pollution, deforestation, and resource depletion. These environmental crises threaten human well-being, economic progress, and the earth's ecosystems. The research method followed is descriptive research. The data is collected through a questionnaire, with a sample size of 211 . Convenience sampling method is used . The samples were collected from the public with special reference to Tamil Nadu. The research highlights that the primary drivers for adopting eco-friendly technologies are the environmental impact and cost effectiveness. Respondents strongly acknowledge that consumer choices contribute to environmental harm, particularly through the use of non-biodegradable and non-recyclable products. Recent technological innovations in eco-friendly products offer the benefit of minimising carbon footprint. Social media serves as a significant influence on consumers in choosing eco-friendly products. The imperative for embracing eco-friendly technologies stems from the urgent need to address escalating environmental challenges.584 views -
A Study on Role of Cartels in Market Manipulations and Impact on Consumers in India
Student at SRM School of Law, SRM Institute of Sceince and Technology, Kattankulathur, Chengalpattu District, IndiaPages 2438 - 2445Cartels represent a significant challenge to competitive markets and economic welfare worldwide. This research aims to explore the causes of Cartel and to find the best method to prevent the Cartel in Market .The research focuses on the causes and consequences of Cartel, as well as the various measures that have been taken to address this issue. Cartels play a significant role in market manipulation, often leading to adverse effects on consumers .The paper begins by defining cartels and discussing their detrimental effects on market competition, such as inflated prices, reduced consumer choice, and stifled innovation. It then examines the historical context of cartel activity in India, tracing its evolution and identifying key sectors prone to cartelization, including cement, automotive etc .The abstract explores the regulatory framework governing cartels in India, primarily under the Competition Act, 2002, and the role of the Competition Commission of India (CCI) in detecting and penalizing anti-competitive behaviour. It discusses notable cases where the CCI has taken action against cartels. In this study, convenience method of sampling was used and the sample size was 180 The tool used was a structured questionnaire and the data was collected from the public the research has shown that 63.7% of people has told that the cartel is Anti-competition law and 68.3% of people has told that cartel affect consumers in India.963 views -
The Invisible Victims: Addressing the Long-Term Effects of Child Offense
Student at Amity University, Rajasthan, IndiaPages 2446 - 2460Crimes committed against children, such as sexual abuse, exploitation, and violence, have serious and long-lasting effects on victims. These often result in psychological trauma, emotional distress, and social stigma. This study explores the lasting impact of such crimes on children, specifically in the Indian context and the laws in place to protect them. Through an analysis of historical context, legal regulations, and available support systems, this paper aims to better understand the difficulties faced by child victims and evaluate the effectiveness of current support mechanisms. By conducting in-depth examinations and presenting real-life examples, this study delves into the challenges of maneuvering through the legal system and utilizing support resources. It also emphasizes effective strategies and suggestions for enhancing the well-being of child victims. In essence, this paper stresses the significance of upholding the rights and welfare of these young individuals and advocates for substantial changes to ensure their safety and assistance within the legal and social landscape of India.550 views -
A Study on Women’s Divorce Rights in Hindu and Muslim Laws
Student at BRCM Law College, Bahal, Bhiwani, IndiaPages 2461 - 2471This study aims to investigate the relationship between the concept of divorce in India and the personal standards of the Muslim and Hindu cultures. People who voluntarily enter into matrimony do so with the understanding that their connection would last forever. So why are the provisions pertaining to divorce placed in personal laws? A Hindu man marries a Hindu woman in accordance with Hindu tradition. After a few years, if the male converts to Islam, the wife may seek for divorce under Section 13(ii) of The Hindu Marriage Act, 1955. Divorce typically has more types of causes than effects. After death, divorce is the cause of most pain. Specifically, the most frequent reasons for divorce are adultery and disdain for one another. When either or both partners don’t respect each other, the marriage gets frayed and hard to repair; sadly, the gap widens and eventually leads to divorce. Divorce is viewed as a matrimonial relief that ends the marriage of spouses. The rules of Mohammedan law cause the Muslim Marriage Act of 1939 to fall apart. They cannot file for annulment under any other court system if they tied the knot in compliance with Hindu immigration laws. The comparison of Hindu and Muslim law not only allows readers to thoroughly examine both laws but also tackles the questions raised.720 views -
Pages 2472 - 2484Everyday life is surrounded by social media, and its channels seem to be opening up more and more. This study looks at the complicated relationship between using social media and cognitive health consequences. Descriptive analysis of direct and indirect data is used to investigate the possible impacts on people's psychological health of online interactions, comparison, and self-presentation. We seek to identify trends and correlations through surveys and data analysis, providing insightful news about the complex dynamics of this relationship. The results of this study advance our knowledge of by what way social media disturb the young adult’s cognitive health and help shape the creation of well-informed plans for promoting good online experiences and mitigating any potential drawbacks.573 views
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Public Perception towards Impact of Unethical Behaviour on Organisational Performance with special reference to Chennai
Student at Saveetha School of Law, Chennai, IndiaPages 2485 - 2502In today's competitive business landscape, maintaining ethical standards within organisations is crucial for sustainable growth and reputation. This study aims to delve into the public perception regarding the impact of unethical behaviour on organisational performance, focusing on Chennai, India. The objectives of this research include analysing the main effects of unethical behaviour in the workplace, identifying factors contributing to such behaviour, examining strategies to promote ethical conduct, and proposing guidelines to mitigate unethical behaviour. The research methodology involves a combination of qualitative and quantitative approaches. Surveys, interviews, and case studies will be conducted to gather data from employees, managers, and stakeholders in Chennai-based organisations. Statistical analysis and thematic coding will be employed to analyse the data and draw meaningful conclusions. Findings from this study are expected to shed light on the prevailing attitudes towards unethical behaviour in Chennai's organisational context. It will identify common forms of unethical conduct and their ramifications on organisational performance. Factors contributing to unethical behaviour, such as lack of accountability, inadequate policies, and cultural influences, will be explored. Furthermore, the research will highlight effective strategies for promoting ethical behaviour within organisations. This may include implementing robust ethics training programs, fostering a culture of transparency and integrity, and establishing clear protocols for reporting unethical conduct. Recommendations will be tailored to the specific challenges faced by Chennai-based organisations, considering cultural nuances and industry dynamics. By offering practical insights and actionable recommendations, this study aims to assist organisations in Chennai in addressing the scourge of unethical behaviour and enhancing their overall performance. Ultimately, fostering an ethical work environment not only improves organisational reputation but also fosters employee satisfaction, customer trust, and long-term success.574 views -
An Empirical Study on Racial Disparities in the Criminal Justice System with reference to Chennai
Student at Saveetha School of Law, Chennai, IndiaPages 2503 - 2520Racial disparities within the criminal justice system have been a topic of considerable debate and concern globally. While much attention has been given to such disparities in Western contexts, relatively little research has focused on this issue in non-Western societies. This empirical study aims to fill this gap by examining racial disparities within the criminal justice system in Chennai, India. The study employs a mixed-methods approach, utilising both quantitative and qualitative data collection methods. Quantitative data will be gathered through the analysis of official crime statistics, court records, and demographic information of individuals involved in the criminal justice system in Chennai. Qualitative data will be obtained through interviews and focus group discussions with key stakeholders, including law enforcement officials, legal professionals, community leaders, and individuals who have interacted with the criminal justice system. The research will focus on several key areas, including patterns of arrest, prosecution, sentencing, and incarceration among different racial groups in Chennai. It will also examine the factors contributing to racial disparities within the criminal justice system, such as socioeconomic status, access to legal representation, and discrimination within law enforcement and judicial processes. By analysing both quantitative and qualitative data, this study seeks to provide a comprehensive understanding of racial disparities within the criminal justice system in Chennai. The findings of this research will have significant implications for policymakers, law enforcement agencies, legal practitioners, and advocacy groups working to address racial inequalities within the criminal justice system.1,392 views -
Navigating Social Networking: Understanding the Effects on Youth
Assistant Professor at Gitarattan International Business School, IndiaPages 2521 - 2528Social networking sites (SNS) wield a profound influence on today's youth, offering a plethora of opportunities along with notable challenges and implications. These platforms facilitate instant communication, foster social connections, and provide access to a wealth of information, empowering young individuals in unprecedented ways. However, they also present challenges such as privacy concerns, Cyber bullying, and addiction risks, impacting youth's mental health and well-being. The implications of SNS usage extend to academic performance, identity formation, and societal interactions. Understanding these dynamics is crucial for stakeholders—policymakers, educators, and parents—to navigate the complexities of SNS engagement among youth effectively. By promoting responsible digital citizenship and addressing challenges proactively, society can harness the potential of SNS while safeguarding the welfare of its younger generation. This research delves into the intricate influence of social networking sites (SNS) on the younger generation, exploring the diverse array of opportunities, challenges, and ramifications associated with their usage. Through an extensive examination of contemporary literature and empirical studies, this study aims to uncover the multifaceted impact that SNS wield over the cognitive, emotional, and social development of adolescents and young adults. It investigates the potential advantages of SNS, such as facilitating communication, fostering social connections, and providing access to information, alongside the corresponding hurdles, including issues of privacy infringement, Cyber bullying, and the phenomenon of digital dependency. Furthermore, this inquiry delves into the broader implications of SNS utilization on youth, encompassing effects on mental well-being, academic performance, and the construction of personal identity. By conducting a thorough analysis of these dynamics, this study seeks to furnish policymakers, educators, and parents with actionable insights to navigate the complexities of SNS engagement among the youth population, advocating for responsible digital citizenship and striving to optimize the positive impacts of these platforms while mitigating potential risks.608 views -
A Critical Analysis of Information Technology Act, 2000 with reference to Cyber Offence and Cyber Security
Student at School of Law, CHRIST (deemed to be university), IndiaPages 2529 - 2544The fast spread of modern technology and the advent of the internet has transformed how civilizations work, interact, and do business. This technological evolution, however, has created new concerns, especially in the areas of cybercrime and cybersecurity. This research paper provides an in-depth study of the Information Technology Act 2000, which is a critical legislation in India, having a particular emphasis on its efficacy in combating cybercrime and increasing cybersecurity. The study, based on doctrinal methods, involving mainly secondary sources of data, begins by delving into the terms of cybercrime and cyber-security, as well as their components that include cybercrime categories, consequences, and reasons. It then looks into the Information Technology Act of 2000, the Act's objectives, compliance procedures, and legislative structure intended to combat cyberattacks and secure cyber infrastructure. Furthermore, the study assesses the Information Technology Act's potential to keep up with the ever-changing world of cyber assaults. It evaluates the Act's provisions relating to cyber offences such as computer hacking, data theft, and digital scams, as well as their efficacy in deterring and punishing hackers. The study also explores cybersecurity policies, examining if they are sufficient to preserve important data systems and people' digital confidentiality. Finally, it identifies probable areas for development and legal amendments to better address current cyber dangers and safeguard the best interests of people, institutions, and the country in overall, thus intending to provide input to the continuing cybersecurity issue and assist lawmakers in better protecting the digital realm from potential cyber threats.971 views -
A Study on Pedophile and Child Molestation in India
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, IndiaPages 2545 - 2560Pedophilia refers to a psychiatric disorder in which an adult experiences sexual attraction towards prepubescent children. In India, pedophilia and child molestation are significant issues, with reported cases increasing in recent years. Despite stringent laws, the cultural stigma attached to reporting sexual abuse often prevents victims from coming forward. The situation is compounded by the lack of awareness about pedophilia among the general public, which leads to ignorance and misunderstanding about the issue. India has a range of laws and policies to protect children from sexual abuse, including the Protection of Children from Sexual Offences Act (POCSO) and the Juvenile Justice Act. However, implementation of these laws is often weak, with many cases going unreported and unpunished. Efforts are being made to address the issue, including awareness campaigns and training for law enforcement officials and healthcare professionals. However, a more comprehensive and sustained approach is required to tackle the problem of pedophilia and child molestation in India. The aim of this research paper is to improve access to mental health services and education, strengthening laws and policies, and addressing cultural attitudes towards sexual abuse.3,186 views -
Industrial Disputes in India and Settlement Mechanism
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 2561 - 2576The problem of industrial disputes is pervasive in the majority of industrialized and developing countries around the globe. The absence of employee involvement in the equipment and processes of production has led to a growing gulf amongst management and workers as industrialization has advanced. This split has caused conflict and friction in the manufacturing industry, which has finally culminated in industrial conflicts. An effective industrial relations system and labour market depend on the resolution of disputes. The focus of this essay is on the practical and legal issues of settling labour disputes in India. Positive workplace relations are promoted by having a strong collective bargaining system and efficient communication between labour unions and management. These factors also help to lower the number of complaints.714 views -
Breaking Barriers: The Imperative for Gender-Neutral Laws in India
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 2577 - 2593The article explores the imperative for gender-neutral laws in India, highlighting the evolution of the legal system towards inclusivity and equality. It traces the journey from gender-biased legislation rooted in historical and colonial legacies to contemporary reforms aiming at gender neutrality. The analysis covers various domains including criminal law, personal laws, and workplace legislation, underlining the significance of such reforms in protecting the rights of all individuals, irrespective of their gender identity. Landmark case laws and international comparisons provide insights into the progress and challenges faced in implementing gender-neutral laws. The article advocates for legal reforms, judicial activism, public awareness, and stakeholder engagement as key strategies towards a more equitable legal framework. This transition reflects India's commitment to upholding human dignity, promoting social justice, and fulfilling its obligations under international human rights norms.1,002 views -
Evolving Jurisprudence of the Golden Triangle with reference to Article 25 of the Indian Constitution
Student at Christ (Deemed to be University), IndiaPages 2594 - 2607This research paper explores the changing landscape of interpreting Part III the Indian Constitution. It examines the use of an interpretation for specific rights, particularly Articles 14 19 and 21 while the reading of other fundamental rights is done disjunctively. Over time, the articles 14, 19 and 21 have been collectively been referred to as the "golden triangle", due to the the principles established in RC Cooper. However, the reading of merely these three articles collectively was not intended. All fundamental rights must be read collectively as a “seamless web”, and not disjunctively, to provide maximum protection of rights The primary argument made in this paper is that a comprehensive approach primarily based on the proportionality standard should be adopted to evaluate State intervention in practices and reconcile conflicting interests. This is done by using Article 25 as a primary example. The current test under this article has been critiqued and the suggestion of the ‘integrated proportionality standard’ is being made. This research highlights a changing paradigm in jurisprudence, towards a culture of justification that emphasizes context-nuanced analysis of State actions concerning fundamental rights. This ensures that these actions are reasonable, necessary and proportionate in achieving their objectives.1,702 views -
Pages 2608 - 2619In this study, we show that workers who found a job after one year of unemployment. The main contribution is to show empirically that the difficulties of aged workers are related to their age. For younger people, the struggling is more related to cyclical fluctuations, but policymakers need to design different plan to address youth and elderly unemployment. In this research questionnaire method is being used to collect the information regarding the unemployment. The solution to nonemployment is to create new jobs, and a combination of different nominal wages and income tax credits could improve the employment rate of people.674 views
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Balancing Food Safety and Livelihoods: Challenges Faced by Small-Scale Food Producers and Street Food Vendors in India
Student at Christ (Deemed to be University), Bangalore, IndiaPages 2620 - 2630At the core of India, the Food Safety and Standards Act, 2006 ensures that food safety and quality are protected, guaranteeing that every plate is filled with safe and nourishing food. This comprehensive law brings together food regulations. Establishes strict standards for the production, storage, distribution and import of food. Its purpose extends beyond boundaries by aligning India's food standards with benchmarks like CODEX to ensure access to healthy meals. However, within the tapestry of small-scale food producers and street vendors complying with the Acts regulations poses a significant challenge. These unsung heroes who enrich our streets with affordable delights face difficulties in obtaining licences and registrations due to financial constraints that often outweigh their modest profits. Additionally, the lack of tailor-made standards for these vendors exacerbates their struggles. While prioritising food safety remains crucial a balanced approach is necessary. The Indian government has implemented initiatives such as the Micro Food Enterprises category and lenient penalties to support these artisans. As we relish the flavours of India's cuisine it is important to acknowledge the equilibrium, between ensuring food safety and nurturing the livelihoods of those who bring magic to our streets.913 views -
A Critical Study on Artificial Intelligence and Ability to Reduce in Recruitment Bias in IT Companies, with special reference to Tamilnadu
Student at Saveetha School of Law, Saveetha Institute of Medical And Technical Sciences (SIMATS), IndiaPages 2631 - 2652This study delves into the realm of Artificial Intelligence (AI) and its transformative potential in mitigating recruitment bias within IT companies, focusing on the unique context of Tamil Nadu, India. The research critically analyses the existing biases prevalent in traditional recruitment processes and investigates how AI-driven tools and algorithms can serve as effective remedies. The study employs a comprehensive literature review to establish the theoretical foundation, exploring key concepts such as recruitment bias, AI technologies, and their ethical implications. Methodologically, a combination of qualitative and quantitative approaches is adopted, including surveys, interviews, and case studies conducted within various IT firms across Tamil Nadu. Through rigorous analysis, the research evaluates the impact of AI tools in minimising unconscious biases associated with gender, ethnicity, and other demographic factors. It investigates the implementation of AI-driven resume screening, chatbots, and predictive analytics in enhancing objectivity and fairness in the recruitment process. Moreover, the study examines the challenges and ethical dilemmas that emerge with the integration of AI, emphasising the importance of responsible AI development and deployment. The findings of this study contribute valuable insights to the fields of AI ethics, human resources, and IT industry practices.813 views -
Laws Relating to Bail Under UAPA & PMLA: A Jurisprudential Analysis
Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, IndiaPages 2653 - 2660The offences committed under UAPA and PMLA are of very serious nature. Offences under UAPA are relating to unlawful activities and terrorist activities which are serious threat to the peace of the society as well as to the sovereignty, unity & integrity of the Bharat. The offences under PMLA are not only threat to the national economy but also causes menace to international economy. Both UAPA and PMLA were enacted to fulfil our commitment made at international forums. The provisions under UAPA and PMLA are being made more stringent by keeping in mind the seriousness, enormity and gravity of the offences as well as the consequential loss to national and international security to the life, liberty and property of human kind. In this research paper while examining certain provisions of both UAPA and PMLA, there would be special emphasis on the laws relating to the bail under UAPA and PMLA.1,001 views -
Unravelling Intellectual Property: A Study on the Transformative Role of AI and Digital Innovations
Student at IFIM Law School, Bengaluru, IndiaPages 2661 - 2687Artificial Intelligence (AI) and other technological digital innovations are burgeoning our world, and Intellectual Property Rights (IPR) laws and regulations need to be adapted to keep pace. AI is already having a significant impact in both positive and negative ways. For Example, AI-generated works are raising new questions about who owns the copyright to such works and creations and how they should be protected from such infringements the use of AI infringes on IPR such as through the creation and distribution of counterfeit goods is becoming common. Other digital innovations, such as blockchain and other digital products, are also impacting IPR. Blockchain technology is being used to create new types of digital content such as non-fungible tokens(NFTs) which pose a new intricate challenge for IPR law. However, amidst this turmoil, opportunities bloom. Blockchain technology, the distributed ledger holding the promise of an immutable digital record, еmеrgеs as a potential knight in shining armour. NFTs, unique digital assets built on blockchain, offer exciting possibilities for securing ownership and provenance of creative works. This Research article will examine the impact of AI and other digital innovations on IPR laws and regulations in detail. This article will examine the challenges and opportunities presented by emerging technologies, offering insights on adapting IPR laws to foster ethical and legal innovation and economic growth in the digital era.610 views -
Introducing the Future of Gaming: The Online Lottery in India
Advocate in IndiaPages 2688 - 2702The gaming industry, particularly online lotteries, is rapidly evolving worldwide, including in India. This research paper explores the future prospects of online lotteries in India and examines the potential benefits they offer to the government. Through an analysis of current trends, legal considerations, technological advancements, and socio-economic factors, this paper aims to provide insights into the future landscape of online lottery gaming in India and its implications for governmental revenue generation and regulatory frameworks. India, with its burgeoning population and increasing internet penetration, presents a significant opportunity for the growth of online gaming, including lotteries. While the legal landscape surrounding gambling activities, including lotteries, remains complex and varies from state to state, there is a growing interest in leveraging technology to modernize the gaming sector. This paper delves into the future trajectory of online lotteries in India and elucidates the potential advantages they offer to the government in terms of revenue generation and regulation. Additionally, this research investigates the socio-economic impact of online lottery gaming on Indian society, exploring its potential benefits in terms of revenue generation, employment opportunities, and contributions to social welfare programs, as well as its implications for consumer behavior, addiction, and responsible gaming practices. By offering insights into the future trajectory of online lottery gaming in India, this paper contributes to a deeper understanding of the evolving gaming industry and informs policymakers, stakeholders, and scholars about the opportunities and challenges associated with this emerging form of entertainment.683 views -
Legal Challenges and the Concept of the Commons in Commercial Space Mining: A Need for Uniformity in International Space Law
Student at School of Law, CHRIST (Deemed to be University), Bengaluru, IndiaPages 2703 - 2719The Outer Space Treaty of 1967, ratified by more than 100 nations, stipulates in Article II that space is not a national resource and should only be utilised for peaceful purposes. As a result, the legal environment for commercial space mining activities becomes complicated, necessitating coordination and collaboration among several nations and international organisations. The consideration of space as a commons is a crucial component of regulating commercial space mining. This consideration has given rise to the notion that space should be viewed as a common heritage of mankind, raising concerns about ownership and exploitation of space resources. The consequences of considering space as a commons for commercial space mining are examined in this paper, along with any possible conflicts that could develop between companies and states. Defining commercial space mining is an essential component of this research paper. Commercial space mining involves the extraction and processing of resources from celestial bodies for profit. This paper examines the many resources that could be extracted, such as water, metals, and rare earth elements, as well as the benefits and hazards of doing so commercially. The Outer Space Treaty does not explicitly address the issue of commercial mining of space resources, such as asteroids or lunar regolith. This has led to legal uncertainty and controversy over the rights and obligations of states and private actors in this domain. Some states, such as the United States and Luxembourg, have enacted national laws granting property rights to citizens or companies that extract or appropriate space resources. Other states, such as Russia and China, have opposed this approach and argued that it violates the Treaty and the principle of the common heritage of mankind. The Artemis Accords, too, while not binding, establish that when nations engage in mining activities on the moon, they do not obtain property rights over the extracted materials. The paper examines the application of international conventions vis-a-vis regional laws related to commercial space mining. The paper adopts a doctrinal method of research based on secondary sources along with regional case studies involving leading companies worldwide in the field of Space Mining. In conclusion, this paper underscores the need for uniformity in international law relating to commercial space mining for legal clarity and certainty, a concrete dispute resolution mechanism, fair competition, environment protection and equitable distribution of profits. The paper also recommends that international organisations, such as the United Nations or a specialised agency, should develop and oversee such laws in consultation and cooperation with states and private actors.579 views -
Motherhood for Sale: The Intersection of Economic Disparities and Surrogacy in India
Student at Law College Dehradun, Uttaranchal University, Uttarakhand, IndiaPages 2720 - 2727One of the significant application of assisted reproductive technology is surrogacy in which a women bears a child of another couples. Despite a variety of factors, numerous couples all around the world need surrogacy services. Despite the appearance of mutual benefits there are still a number of intricate legal, moral, ethical, and social considerations surrounding this collaboration. The ensuring issues are a contributing factor why this practice is not well-liked in many regions of the globe. India possesses a unique tale, ranging from its ascent to prominence as a surrogacy hotspot in 2002 to the Surrogacy (Regulation) Bill, 2016, and these would restrict several individuals ability to engage in motherhood. Surrogacy is an essential medical procedure for every pair who may have become pregnant. Legislation that properly addresses the delicate issues underlying surrogacy and protects the legal entitlements of intending parents, surrogate mothers, and children who are delivered via surrogacy would lead to harmonious surrogacy practice.706 views -
Examining the Critical Perspective on the Role of Plea Bargaining in the Indian Criminal Justice System
Student at Christ (Deemed To Be) University, Bangalore, IndiaPages 2728 - 2746Plea bargaining or plea bargaining agreement, which occurs extensively in several countries in the world including India, is one of them. In this paper we look at plea bargaining in India including its history, legal basis, process, advantages and drawbacks. The analysis uses primary and secondary sources. Despite all this, only few of the Indian states have passed laws for its implementation. Although it gives the option for offenders to miss out on a long trial which may take up most of their lives, save on taxes and reduce the burden placed upon the criminal justice system, it is equally applicable elsewhere. Besides, the possibility of being coerced into pleading guilty and the need In essence, this paper states that despite being a relevant instrument in the justice system, plea bargaining should be introduced cautiously into Indian legal processes, with necessary limitations put in place to protect an accused’s rights.598 views -
Sexual Harassment of Women at Workplace: A Review
Assistant Professor at Department of law, UGI, Mohali, IndiaPages 2747 - 2753The sexual harassment of working women is a burning issue, as more and more women are taking up employment in the public and private sectors. It is often thought that 'working' women are more empowered and such women would stand up against sexual harassment. But, unfortunately the majority of such incidents go unreported. The need for protection of women more and more are felt as incidents of sexual harassment are increasing at a fast pace. Despite various laws on the subject, the cases of sexual harassment are increasing at a shocking rate. It may feel or appear as if teasing, intimidating or offensive comments supported stereotypes or bullying someone based on gender, gender identity, or sexual orientation. Sexual harassment at work place is an expression of deep planted patriarchy currently within the larger society stirring the power based discriminatory practices and successively creating hostile work environments for women. It is a gender specific offence, women are the victim of this offence. The objective of this paper is to furnish an introduction to the varied aspects of sexual harassment as a social problem: it's meaning, definition, review of its provisions in IPC, BNS and Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013. Sexual harassment can be verbal, non-verbal, by visual means or physical, sexual harassment at workplace, hostile work environment for women and ways to cope with such problems. The expected outcome of this paper is the need for development of stringent laws and awareness on the subject.655 views -
Pages 2754 - 2774English has become an international language, widely used in business, academia, and tourism. Many people learn English as a second language to improve their employment prospects and communication skills. Therefore, the education sector has focused on enhancing the value of English. New teaching strategies have been applied at different educational levels. Along with that, at the high school level, the development of soft skills such as teamwork, project management, communication, and problem-solving skills is limited. This study aims to determine whether the Project Based Learning (PBL) method should be applied to Content and Language Integrated Learning (CLIL) lessons to improve the soft skills for 10th-grade students. Data was collected through questionnaires and surveys with 30 participants from a high school in Vietnam. The results showed that students' soft skills improved after applying PBL to CLIL lessons. Student feedback was generally positive, and suggestions to reduce barriers to adopting these methods were offered to increase effectiveness and widespread adoption.948 views
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Legal Nature of Insanity: An Investigative Analysis of its use as a Defense
Student at Christ Deemed to be University, Delhi NCR, IndiaPages 2775 - 2788Overseeing the largest democracy in the world, India's legal system has the difficult challenge of merging many racial groups, socioeconomic levels, and castes. The defence of insanity, as stated in the Indian Penal Code, exempts mentally sick persons from prosecution; nevertheless, this clause has been exploited, allowing some people to escape punishment for crimes they have committed without really being mentally ill. This research investigates the current effectiveness of the insanity defense and explores more precise methods or evaluations. Examining perspectives on the insanity defense from other countries can offer valuable insights. Although individuals acquitted due to insanity are often directed to the mental health system, treatment for their condition rarely prevents future criminal behavior. In contrast, mentally sound offenders face punishment, deterrents, societal protection, and rehabilitation. Supporting the "Relevance ratio" for evidential relevance and quality control in expert testimony, this study sheds light on the historical evolution of the insanity defense within the Indian legal system. It suggests that legal assumptions about voluntary conduct may need to be reassessed in line with advancements in neuroscience to align better with current scientific understanding. Essentially, this study aims to propose modifications and alternative approaches by scrutinizing the subtleties of India's insanity defense system and integrating perspectives from other international perspectives and neuroscience research. Even though the mental health system is usually consulted for criminals found not guilty by reason of insanity, therapy for their illness rarely discourages them from committing crimes again. Conversely, sane criminals deal with punishment, deterrents, protection from society, and rehabilitation. This paper emphasizes the historical evolution of the insanity defense within the Indian judicial system, supporting the "Relevance ratio" for evidential relevance and quality control on expert testimony. It suggests that in light of recent advancements in neuroscience, legal presumptions regarding voluntary conduct may need to be reexamined in order to better align with current scientific understanding. Essentially, this study aims to propose modifications and alternative approaches by scrutinizing the subtleties of India's insanity defense system and integrating perspectives from other international perspectives and neuroscience research.628 views -
Driving Autonomy in Self-Driving Vehicles: Insurer and Manufacturer Liabilities
Student at Christ Deemed to be University, Delhi NCR, IndiaPages 2789 - 2812The emergence of self-driving cars sparks a complex legal landscape, probing manufacturer accountability and insurance adaptation. Changing legal frameworks establish obligations and levels of autonomy. The purpose of collaboration among the legal, manufacturing, insurance, and regulatory areas is to provide frameworks for responsible technological growth. Even with assurances of efficiency and safety, it is necessary to reassess culpability. Liability regimes are examined, with a focus on consumer education and their impact on technology adoption. Federal preemption and a lack of government regulations are explored, emphasizing the importance of precise industry standards. Diverse driver populations are addressed, with a focus on thorough testing across a variety of scenarios. There are no government regulations in place, emphasizing the importance of industry-led standards to oversee autonomous vehicle technology. In our ever-changing world, it is vital to establish responsibility and accountability. technology.688 views -
A Hypercritical Study of the Laws Relating to India’s Juvenile Justice System and Implementation Challenges
Student at Department of Law, PIMR, IndiaPages 2813 - 2827Children are valuable gifts and a nation's hope. However, without sufficient guidance or growth opportunities, individuals may wind up on the wrong track, inflicting harm to society. Therefore, safeguarding their legal rights is crucial. Since the signing of the UN Declaration on the Rights of the Child in 1959, India has been working towards rehabilitation and intervention of young offenders through various acts and judgements as evident precedents. India's juvenile justice system is intended to give care, protection, and rehabilitation to children who have violated the law; it operates on the foundation of rejuvenation and transformation rather than punitive measures. However, the Juvenile Justice Act of 2000 was the beam of light needed. Over the years, the act has seen several amendments for better implementation and to accomplish its objectives. Several recurring cases further focused our eyes on the shortcomings of the act, which led to what we now know as the Juvenile Justice (Amendment) Act, of 2015. This paper covers the history of juvenile justice in India and its position in our legal system, emphasising the increasing number of cases in 2023, reported by the National Crime Records Bureau (NCRB), as well as problems and recent legal amendments to combat juvenile delinquency.649 views -
Freedom of Expression in Social Media
Student at B.S. Anangpuria Institute of Law, Alampur, Faridabad, Haryana, IndiaPages 2828 - 2836The advent of social media platforms has revolutionized the way people communicate and express themselves globally. However, this technological advancement has brought forth complex challenges concerning freedom of expression. This abstract delves into the multifaceted nature of freedom of expression in the realm of social media, exploring its evolution, implications, and efforts to balance it with other societal values. Initially hailed as a beacon of free speech, social media has become a battleground where diverse interests clash, raising concerns about misinformation, hate speech, and censorship. The unrestricted nature of social media has empowered individuals to amplify their voices, yet it has also provided a platform for the dissemination of harmful content and the suppression of dissenting opinions.634 views -
Gaps in Governance: Lack of State Responsibility in Regulation of Flag of Convenience and its Impact on Laborers
Student at O.P. Jindal Global University, IndiaPages 2837 - 2842The practice of Flag of Convenience (FOC) in the maritime industry has emerged as a significant regulatory challenge, exposing gaps in state responsibility and impacting the welfare of seafarers worldwide. This paper delves into the intricacies of FOC, wherein ships register under the flag of nations with lenient regulations, aiming to minimize costs and maximize profits. Despite the existence of international conventions governing maritime affairs, enforcement remains inconsistent and inadequate, leading to exploitation of laborers at sea. Through an analysis of the regulatory framework, enforcement challenges, and the plight of seafarers, this paper emphasizes the urgent need for strengthening international regulations to deter FOC abuse and ensure the protection of those who navigate the world's oceans. Efforts to combat FOC abuse have focused on advocating for a genuine link between flag states and ships, alongside enhancing transparency and accountability measures. By bridging the gaps in governance and fortifying enforcement mechanisms, this paper advocates for safeguarding the rights and interests of seafarers and fostering a more equitable maritime industry.690 views -
A Comparison of Punishment under the PMLA Act with the Japanese Legal System: Evaluating the link between High Conviction Rates and Unfair Means of Prosecution
Student at Tamil Nadu National Law University, IndiaPages 2843 - 2851The Prevention of Money Laundering Act was introduced in 2002 as a countermeasure for preventing Money Laundering and preventing the accumulation of unaccounted and untaxed wealth, which often if not every time arises from illegal streams of income. It is one of the very few legislations in India where the burden of proof lies on the accused to prove their innocence. This, coupled with the strong punishments present often create a possibility of misuse, which is a major point of criticism to this legislation. In Japan, it could be seen that for its entire criminal system, there lies an almost 99 percent conviction rate. While some may attribute it to good policing resulting in only bad criminals being caught, many will also attribute it to a strict assumption of guilt by the judiciary, despite the burden of proof being on the prosecution to prove the guilt of the person. We could see how in both the PMLA and in the Japanese Legal System, there lies a form of inherent assumption of guilt, or possibility of a person being guilty even before a trial has started. The main aim of this project is to compare the manner in which PMLA and the Japanese Legal System assume guilt of an accused and the effects it has on conviction rates, along with analyzing the changes which can be brought in this legal system.642 views -
Pages 2852 - 2876Article 4 of Law Number 33 of 2014 about Halal Product Assurance mandates that all products circulated in public must be halal-certified. Despite this regulation, there are significant number of local food products that lack such certification. The problem lies in the awareness of legal obligations among business operators and consumers about the assurance of local halal food products in the Banten Province, as well as the efforts made by stakeholders to enhance the legal awareness of business operators and consumers regarding the same issue. The research employed an empirical juridical research method with an abductive approach, while qualitative data analysis methods were conducted using both primary and secondary data. Primary data consisted of in-depth interviews with producers and consumers of local food in the Banten Province, while secondary data was obtained from primary and secondary legal literature and documents. The result showed that there were four indicators indicating a deficiency in legal awareness among business operators and consumers regarding halal product assurance: legal knowledge, legal understanding, legal attitudes, and legal behaviors. Efforts to address this gap include formal and non-formal education. Non-formal education includes legal seminars on halal certification for the community (business operators and consumers) comprehensively and continuously, as well as aiding business operators in the halal certification process and legal consumer protection campaigns.737 views
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Pages 2877 - 2885According to 21st century women has faced a lots of problems regarding reproductive choice mentally, physically, socially and legally. So basically, in India there are some places have laws make create a so worst condition for the women to get birth control or may be abortion to, especially those women who already struggle the same problems. If we talk about societies perspective they start judging the people according to their action, if we saw about reproductive rights they make women feel apologetic, reluctant, repentant, bashful, embarrassed about their reproductive right. They think that women are violate a societal norms. Also women can’t get easily access to doctor regarding their healthcare service in relation to prenatal control. Now lots of things are changed in laws but still if we talk about the reproductive choice our parliament can’t made a systematic laws and provision. This paper highlights that what are the challenges which women’s are facing in relation to reproductive health or choices and discuss the lacunae in relation to reproductive health under the constitution and other major or minor laws, what was the status of women in ancient, medieval, British and contemporary period. So basically the purpose of this paper is to examine the nature and scope of rights related to reproductive and also some examples and case law related to violation of reproductive rights which is guaranteed under different schemes, conventions, policies and laws also. In United Nation report, under reproductive health, they discuss about women has treating like a instrument, tools etc. she face tones of problems like, female genital mutilation. Menstrual problem(including irregular periods, cramps, heavy bleeding) infertility, conception and contraception, miscarriage, etc. she got harassed mentally and physically both.587 views
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The Journey from Cavemen to Philosopher King: A Glimpse into Contemporary Platonism
Student at O.P. Jindal Global University, IndiaPages 2886 - 2892To exist in a world where the only illumination emanates from an artificial source and the only image one perceives to be true is a mere reflection of someone else’s creation, forms the basis of Plato’s allegory of the cave. The home of this allegory can be found in his celebrated work, “The Republic” which forms the historical basis for this jurisprudential thought referred to as Platonism. A world inherently inhabited and celebrated by cavemen was eclipsed by the presence of a man who challenged their reality of truth with a version unbeknownst and unexplored by them. The philosopher king in Plato’s allegory was once another caveman, until his search for truth led him to uncover an alternate way of enjoying reality. The philosophical compass of this paper finds its roots in diverse examples relevant in the present context that draws resemblance from the allegory. These example are analysed in the light of socio-political, legal and philosophical grounds which play an important role in determining whether a plea of change will be accepted or not. The characteristics of a caveman and a philosopher king go beyond the textbook understanding and merge with the real world to present an inalienable relation between the past and the present. This paper attempts to unravel the different ways in which the society has accepted, rejected or progressed towards ideals, which were slated as unimaginable in the first place. Comparing these truths with Plato’s perception of an ideal state and how the judicial system can serve to be a lighthouse for future philosopher kings is explored. Thus, a contrast between the formation and dissolution of a philosopher king with a newly born and extinguished law is pursued in this paper.666 views -
Pages 2893 - 2913Privacy in the workplace is a complex and multifaceted concept and practice that affects and is affected by the employers, the employees, and the society. This paper aims to explore and understand the concept and practice of privacy in the workplace, and how it varies and evolves across different countries, sectors, and contexts. Using a mixed-methods approach, this paper conducts a comprehensive and comparative analysis of the historical, legal, ethical, organizational, and individual aspects and issues of privacy in the workplace, based on the literature review and the empirical data collected from the survey questionnaire and the semistructured interviews with the employers and the employees in different countries. The paper also examines the impact of the privacy practices and policies in the workplace on the organization and the society, and the advantages and disadvantages, strengths and weaknesses, and opportunities and challenges of the privacy practices and policies in the workplace for the individual and the group. The paper concludes with some recommendations and directions for the improvement and innovation of the privacy practices and policies in the workplace, and for the further and deeper investigation and exploration of privacy in the workplace.995 views
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Performance Action of Sports Moves Copyright in India
Student at School of Law, Christ (Deemed to be) University, IndiaPages 2914 - 2924The paper analyzes the legislative framework of the Indian Copyright Act, 2012 to understand the protection of sports moves under Indian laws talking about the idea of copyright protection and how it strikes a balance between the public interest in digital environments and the rights of copyright holders. bringing attention to the shortcomings and problems with the current copyright regulations, particularly as they pertain to the defence of athletic moves. The definition of "performer" was addressed in u/s 2(qq) of this already-existing piece of legislation, however the concern here is whether athletes qualify as performers. If yes then should the sports moves be eligible for copyright protection under the Indian laws. mentioning specific examples of sports moves, such as MS Dhoni's Helicopter shot, rise of Connor McGregor walking style as a recent example: creative punch from an unexpected angle in an unexpected moment secured him victory in his championship bout in under 13 seconds, Ronaldo’s Suii celebration and many other movments to illustrate the subject matter of sports moves. The research evaluates the principle of 'Ejusdem Generis' in interpreting copyright laws and discusses the relevance of the WIPO Performances and Phonograms Treaty of 1996 in protecting performers' rights. It analyzes the economic significance of sports moves delving with the athletes personel rights and their potential for copyright protection.557 views -
Pages 2925 - 2942This article looks at different legal frameworks and challenges regulating atmospheric emissions from chemical plants in India. As air pollution is a major problem in India, chemical plants, which emit a large number of pollutants in the air, must have strong legal regulation and control. In this context, the article discusses the evolution of environmental law and legal theories that underpin environmental regulation, and examines the legislations and regulations applicable to the industrial emissions. It further considers the role CPCB, SPCB, and EIA play in enforcing air quality standards, and some of the challenges that companies face in meeting their obligations. The discussion also looks at limitations of law, and access to justice, issues of technology and economics, and the need for a socio-economic balance in protecting the environment without halt to growth and development. It is concluded that the legal and policy framework needs continuous reform and movement to follow challenges of evolving pollution and the path of sustainable development.676 views
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Consider that you are visiting overseas and looking for a coffee cafe. You come upon a Starbucks coffee shop and have a cup of coffee and lunch there. You later discover that you grew ill as a result of the coffee or food you consumed at the coffee shop. Normally, you may contact the main headquarters of the brand to protest and seek compensation. In this situation, however, you learn that Starbucks does not have any coffee shops in the nation you are visiting, and a local trademark thief has taken advantage of your familiarity with the brand, spoilt your vacation, and jeopardised your health. How could this have occurred? The above instance highlights how important trademarks are. A trademark identifies a product or service, ensuring its quality and origin, and protects the company’s crucial investments. Consumers have the right to be free of deceit and uncertainty in the marketplace. This research tells us how important it is for businesses to safeguard their well- reputed marks or risk becoming victims of trademark infringement or misappropriation. The comparative study aims to identify similarities, differences, strengths, and weaknesses in the approaches taken by various countries in recognizing, defining, and protecting well-known trademarks.911 views
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Double Taxation Avoidance Agreement: A Way to Evade Tax
LL.M. Student at Symbiosis Law School Noida, Symbiosis International (Deemed University), IndiaPages 2985 - 2995Every businessman, every company and every investor are all under a constant search of devising a process of saving tax. No one wants to give their hard earned income to the government because for them, they can multiply that money manifold through investment and that will lead to their benefit. One of the processes devised for it is through the help of tax havens and Double Tax Avoidance Agreements (DTAA). With the advent of Globalisation and expansion of businesses the entities come to different countries to do trade, the now arises is which government will tax them? Will there be double taxation? Will the person pay such tax? No, and so for this, the concept of DTAA was developed. But the picture does not end here and as any person will want, the people (investors) found a way to escape this liability of tax and there it started tax evasion. The governments, when they took notice of it, were in a fix as to how to avoid these and hence took steps to curb it. But are the steps taken by the authorities sufficient in dealing with this problem? To find answers to these questions this paper examines the role of in facilitating the Foreign Direct Investments and the misuse of this DTAA in generation of black money and tax evasion by round tripping and treaty shopping, the measures taken by government and their effectiveness and the suggestions by researcher to curb this problem.564 views -
Plea Bargaining: A Boon or Bane
Advocate at District Court, Narmadapuram, IndiaPages 2996 - 3004Plea Bargaining is one such debatable topic in India which is very new and faces a lot challenges. The process of plea bargaining has many advantages as well as the disadvantages. This concept is one of those important topics of criminal justice system in India which requires a lot of awareness. Plea Bargaining is important because it saves time of the court, it is beneficial to accused as well as the victim most importantly it is beneficial for lowering the burden of the courts. As Indian courts are flourishing with more cases and some are crimes of the nature in which the plea bargaining is applicable so they can be settled promptly. Due to these cases the court faces challenges in the quick disposal of the more serious and grave offences. Plea bargaining is a very new concept and has been introduced in India in 2005 in the criminal procedure code. The Criminal Law Amendment Act, 2005 included plea bargaining into the code under chapter XXIA, which comprises twelve sections, from section 265A to section 265 L. However, the legislation does not define plea bargaining. This research paper will discuss the notion related to plea bargaining in detail. Through this paper every aspect of the plea bargaining is highlighted. It also discusses the historical aspect of plea bargaining in detail and its advantages and disadvantage. It also discusses the role of Indian Judiciary in framing the laws related to plea bargaining. Further it provides some of the suggestions and recommendation for effective implementation of the plea bargaining.761 views -
Digital Transformation and Corporate Governance: Shaping the Future of Business in the Technological Era
Student at Amity Law School, Noida, Uttar Pradesh, IndiaPages 3005 - 3017In an era where digital transformation is reshaping every facet of business, the landscape of corporate governance is undergoing a profound evolution. This research paper explores the multifaceted impact of digital transformation on corporate governance, emphasizing the necessity for corporations to adapt their governance practices to remain competitive and compliant in the rapidly changing technological environment. By examining theoretical frameworks such as agency theory, stakeholder theory, and stewardship theory, the research paper offers a nuanced understanding of how digital technologies—ranging from artificial intelligence to blockchain—alter traditional governance models and practices. The discussion extends to the challenges and opportunities presented by these technological advancements, including cybersecurity risks, data privacy issues, and enhanced stakeholder engagement. Through a strategic lens, the research paper proposes actionable insights for integrating digital transformation into corporate governance, highlighting the critical role of leadership, digital literacy, and global regulatory compliance. The aim is to provide governance professionals and corporations with a comprehensive perspective on navigating the digital landscape, fostering ethical governance practices, and leveraging technology for sustainable corporate success.1,404 views -
Introduction to Delegated Legislation and it’s Judicial Control
Student at Amity Law School, Noida, IndiaPages 3018 - 3035Delegated legislation, a mechanism through which legislative bodies delegate authority to administrative agencies or other governmental bodies to implement and administer laws, has become an indispensable tool in modern governance. While it offers flexibility and efficiency in responding to complex and evolving regulatory needs, it also raises concerns regarding accountability, democratic legitimacy, and the potential for abuse of power. This analytical study aims to explore the nature of delegated legislation, its significance in contemporary governance frameworks, and the mechanisms of judicial control established to ensure its legality and conformity with the principles of constitutionalism. Through a comprehensive review of legal literature, statutes, and judicial precedents, this study will examine the various forms of delegated legislation, ranging from subordinate regulations to executive orders, and assess the scope and limits of judicial oversight in different jurisdictions. By analyzing landmark cases and theoretical perspectives, this study seeks to provide insights into the evolving dynamics between legislative and judicial institutions in the context of delegated legislation, with a focus on balancing regulatory flexibility with the rule of law. The findings of this study aim to contribute to the scholarly discourse on administrative law and governance, offering policymakers and legal practitioners a nuanced understanding of the complexities surrounding delegated legislation and its judicial control.966 views -
Unravelling Criminal Psychopathy in India: A Study of Punishments, Treatment Approaches, and Rehabilitation Strategies
Student at Christ (Deemed to Be) University, Bangalore, IndiaPages 3036 - 3050Crime, particularly murder, remains a pervasive and profound issue in society, challenging the sanctity of human life and the principles of moral and ethical traditions. The concept of psychopathy, often associated with a "suffering soul," presents a complex psychological construct that demands attention and intervention. Psychopathy is a mental disorder that transcends its prevalence in society, and this study aims to draw attention to it by exploring the multitude of factors that contribute to criminal behaviour. Criminal psychopathy is a complex psychological concept that has attracted significant attention in the fields of criminology and forensic psychology. The study of criminal psychopathy has revealed its prevalence, leading to numerous cases going undetected due to the associated stigma. This not only negatively impacts the affected individuals but also has broader societal implications. While the concept of mental disorders or illnesses has historically been considered a sensitive or foreign topic with limited relevance in Indian society, there remains a shortage of research exploring this phenomenon in the Indian context. Criminal psychopathy, characterized by a persistent pattern of antisocial behaviour, callousness, and a lack of empathy, poses a significant challenge for criminal justice systems worldwide, including India. Criminal psychopathy, characterized by enduring antisocial behaviour, emotional detachment, and a lack of empathy, presents a substantial challenge to criminal justice systems worldwide. Yet, it remains a topic of relatively scarce research within the Indian context. This study embarks on an exploration of the intricate landscape of criminal psychopathy within the context of India, delving into the realms of punishments, treatment approaches, and rehabilitation strategies. In this paper, we examine the existing literature on the investigation of psychopathy in India and provide a concise overview of the current state of knowledge in the fields of psychology, psychiatry, and the criminal justice system.1,049 views -
John Rawls Theory of Justice
Student at Aligarh Muslim University, IndiaPages 3051 - 3061This project work deals with Rawls’ Theory of Justice which he proposed in his famous book “A Theory of Justice”. Justice is an abstract concept which is subjective in nature. It can be defined differently by different people, what is just for one may not just for other. Generally, justice is to treat equals equally and unequals differently. Different philosophers and jurists have tried to define the term in their own ways. For Aristotle justice is based on equality, proportionality and maintenance of equilibrium in society. Other jurists also gave the theories of justice, one such was John Rawls who gave the theory of justice in his famous book, “A Theory of Justice”. Rawls theory of justice is based on ‘equality’ and ‘difference’ principles. His theory is related to the distribution of benefits and burdens among individuals. Rawls theory of justice could be seen as an alternative to the utilitarian principle of justice.900 views -
Balancing Act: Navigating Artificial Intelligence, Data Privacy, and Legal Challenges in the Digital Age
Student at Amity Law School, Noida, IndiaPages 3062 - 3073This research paper delves into the intricate nexus between the burgeoning advancements in Artificial Intelligence (AI), the protection of personal data, and the evolving legal frameworks designed to navigate these challenges, with a special focus on the General Data Protection Regulation (GDPR). As AI technologies increasingly permeate various facets of daily life, they raise profound concerns regarding privacy, transparency, and equity, necessitating robust legal responses to safeguard individual rights without hampering technological progress. Through a meticulous analysis, this study evaluates the efficacy of GDPR in the context of AI, juxtaposing it with other pivotal data protection laws such as the California Consumer Privacy Act (CCPA) and the Information Technology Act (IT Act) of India. This comparative approach reveals the complexities and discrepancies among international data privacy regulations and underscores the imperative for a harmonized global regulatory framework. The research paper further explores the ethical dimensions of AI deployment, highlighting the critical role of ethical considerations in shaping legal standards and ensuring AI’s alignment with societal values. It concludes with a forward-looking discussion on the challenges and future directions for AI regulation, advocating for continuous legal adaptation, enhanced global cooperation, and the integration of ethical principles in the development and deployment of AI technologies.901 views -
Pages 3074 - 3085Diving and deep-sea exploration have become essential activities globally, providing opportunities for scientific discovery, resource exploitation, and tourism. With its vast coastline and strategic maritime interests, India is poised to exploit its ocean potential. This research paper delves into the importance of regulating deep-sea diving and exploration in India emphasizing the balance, between progress and environmental preservation. Over the years deep sea activities in India have experienced significant growth. Firstly, these endeavors bring breakthroughs by uncovering unknown species, ecosystems, and geological formations. India's vast marine biodiversity, unexplored holds value for global scientific research and ecological conservation. Secondly, as India’s energy and resource demands increase, exploring and extracting minerals, hydrocarbons, and rare metals from the seabed provides opportunities for economic growth and energy security. Thirdly India’s coastal regions and underwater landscapes offer potential for tourism by attracting enthusiasts to explore marine ecosystems. However, these prospects are accompanied by challenges. Unregulated deep-sea activities can harm marine ecosystems, disturb habitats, and put species at risk. Security may be a concern due to the perils related to such exercises. Deficiently asset administration can lead to overexploitation and consumption of assets jeopardizing both the environment and jobs. Although India has endorsed agreements on conservation and resource management specific regulations are currently lacking. This research emphasizes the need for India to establish its framework that specifically addresses challenges unique, to deep sea activities while prioritizing safety concerns. By taking these actions India can support long-term exploration in a way that protects marine ecosystems and preserves its treasures. This approach allows for both growth and scientific progress while maintaining a relationship, with the ocean.518 views
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Food Sustainability and Human Rights in India: A Critical Study
Student at Christ (Deemed to be University), IndiaPages 3086 - 3100This abstract summarizes a critical investigation into the complex connections between human rights and food sustainability in India. In a nation with a growing population and complicated socio-economic dynamics, the pursuit of food security and sustainable agriculture methods is of the utmost importance India has a legal duty to see to it that its citizens' right to enough nourishment is safeguarded as a signatory to international human rights agreements. This study examines the degree to which India complies with its human rights obligations with regard to its food laws and practices, particularly in light of the country's growing environmental problems, shifting dietary habits, and widening economic inequities. The study takes an interdisciplinary approach, incorporating ideas from sociology, economics, law, and agriculture. It evaluates how sustainable food production is. This study examines the accessibility, availability, and affordability of nutritious food for vulnerable populations, such as marginalized communities and rural farmers, and assesses the sustainability of food production and distribution systems, scrutinizing their impact on environmental resources, land use, and climate change.607 views -
The Impact of Covid 19 Pandemic on Constitutionalism with Respect to Emergency Provision, in reference to Chennai
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, IndiaPages 3101 - 3125The COVID-19 pandemic has presented unprecedented challenges to constitutionalism worldwide, particularly in the context of emergency provisions. Governments globally have invoked emergency powers to combat the public health crisis, raising significant questions about the balance between safeguarding public welfare and upholding constitutional principles. This abstract explores the impact of the pandemic on constitutionalism with a focus on emergency provisions. Constitutionalism, built on the foundation of rule of law and protection of individual rights, faces a delicate test as emergency measures are implemented to curb the spread of the virus. Governments grapple with ensuring public safety while adhering to constitutional norms, such as proportionality, necessity, and the protection of civil liberties. The scope and duration of emergency provisions have strained the limits of constitutional frameworks, prompting critical reflections on the resilience of democratic institutions. Legal safeguards and oversight mechanisms emerge as crucial elements to prevent the overreach of emergency powers. Proactive measures to define the time limitations, proportionality, and necessity of restrictions are imperative for striking a delicate balance.558 views -
The protection of intellectual property rights is essential to sustainable development. The success of the Sustainable Development Goals (SDGs) of the United Nations is largely dependent on innovation and creativity, which are greatly aided by intellectual property (IP). However, IP also hinders innovation by granting exclusive rights to the proprietors of certain inventions, particularly those related to agriculture and pharmaceuticals. This study examines the complex link that exists between intellectual property rights (IPR) and the Sustainable Development Goals (SDGs), with the goal of determining the degree to which IPR helps or hinders the achievement of SDGs. The international world has come to understand the critical role that IPR and SDGs play in promoting social progress, economic prosperity, food security , health , education and innovation in recent decades. But there are conflicts when you look at how the wider goals of sustainable development interact with the preservation and enforcement of intellectual property rights.The dissertation explores the conflict between fostering innovation and providing fair access to information and technology, as well as how various intellectual property regime approaches affect the advancement of sustainable development objectives. It also looks at how national policies, institutional frameworks, and international agreements can help resolve conflicts between the protection of intellectual property rights and the achievement of the Sustainable Development Goals (SDGs). A variety of stakeholders' viewpoints are taken into account, including those of governments, businesses, civil society organisations, and indigenous people.877 views
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A Pace of Matrimonial Crime against Women in 21st Century
Student at Law Collage Dehradun, IndiaPages 3157 - 3164This research paper examines the existence and the impact of matrimonial crime against women in the context of a marriage in India. According the report of government and non governmental institutes, the crime are increasing dad by day instead of decreasing. In this paper we investigate the ancient, medieval and contemporary period in which the women have the fair amount of freedom and equality. They equally participated as men in all religious ceremony. The tales of ancient epic like the Mahabharata and Ramayana are the richest source of information about the lives of the women at that times. Also we highlight the different types of crimes that are rapidly grow in the every area of the India. to stable the condition of the crime the government initiates the various law and act to normalize the situation like dowry prohibition act 1961, the commission of sati (prevention) act 1987, prohibition redressal act 2013. In India, there are four law enacted in India regarding the marriage. There are Hindu marriage law, Muslim marriage law, Christian marriage law and special marriage law. They have different perspective and different ground to deal with this. This paper also strengthen the legal framework, enhancing the education and awareness Improving support services, capacity building and training. For only one hope we are creating safe and healthy environment for women when they are going anywhere they feel free outside the Home. They never think when they go outside.571 views -
An Analysis of the Juvenile Justice System and Order in India
LL.M. student at Symbiosis Law School, Noida, IndiaPages 3165 - 3176This research looks at India's juvenile justice system from every angle possible, including its history, current structure, effects, socioeconomic considerations, compliance with international human rights standards, foreign comparisons, and most recent advancements and reforms. The Indian juvenile justice system (JJS) has evolved to prioritize rehabilitative measures above punitive ones. When it comes to protecting the rights and welfare of juvenile offenders, the Juvenile Justice Acts of 1986, 2000, and 2015 stand out as major pieces of legislation. The new laws represent a compromise between rehabilitation and responsibility, and they are designed to protect the child's best interests. Poverty, a lack of education, and a lack of employment opportunities are only some of the structural challenges that contribute to the rise in juvenile delinquency. Per international human rights laws and the UNCRC in particular, India's juvenile justice system is founded on concepts like the child's best interests, nondiscrimination, and rehabilitation. By contrasting their practices with those of the United States and the United Kingdom, India's unique approach stands out. New data on juvenile delinquency emphasizes the importance of data-driven policymaking and points to practical methods for rehabilitating and reintegrating young people at the state level. Finding a middle ground between these three aims in India's juvenile justice system is challenging. India may be able to build a more equitable society for its young offenders by prioritising information, providing funding for education, and supporting human rights principles.833 views -
A Comparative Study on the Business Dynamics and Anti-Competitive Behaviour of Swiggy and Zomato
Student at SRM School of Law, SRM University of Science And Technology, Kattankulathur, IndiaPages 3177 - 3188Food delivery sector is one of the booming business areas in the recent time. In this research paper, the comparative analysis of the market dynamics and business operations of SWGGY and ZOMATO are covered. The research paper starts with a brief overview on the foundation and key features of both the companies. It includes details of the founders and the graph of growth of the company as well. Further the paper aims on the anti-competitive behaviour of these two companies that have been alleged previously by the Restaurants Union and brief detail of that case are mentioned. Next to that the results of the survey conducted on this particular area is descriptively provided and it is supported with the findings of such survey. In the survey, areas like, whether people use online food ordering platforms, what are the reasons for opting it and various features of both the companies are listed out and which company is better at providing such services, are explored. In addition to it I have supported the survey with my opinion and analysis over the results achieved through the survey and they research paper is concluded therein.803 views -
Intellectual Property Rights & Sustainable Agriculture: The Larger Question of Food Security
Research Scholar at Inter University Centre for IPR Studies, CUSAT, Kerala, IndiaPages 3189 - 3203Ensuring the food security of a growing population is one of the biggest challenges that the world is facing today. Climate change and the associated uncertainties in weather patterns are making this an increasingly difficult task. The solution is to move towards a more sustainable agricultural system that focuses on developing technologies and practices that improve agricultural productivity with minimal adverse effects on the environment. IPR is considered an effective tool to incentivize innovations in technologies like agricultural biotechnology which offers sustainable technological solutions to the problems of climate change. However, the restrictive nature of conventional IPR is considered a threat to traditional agricultural practices and farmers’ rights. This paper studies this conflict and analyse the scope and limitations of introducing IPR in agriculture and its impact on the sustainability of the agricultural system. It is feared that the dominant presence of IPR in agriculture is a threat to sustainable agriculture and food security in countries like India where a large section of the population is dependent on small-holder agriculture for their livelihood. This paper is an exploration of the issues associated with providing IPR over plant varieties and biotechnological inventions in India and its impact on sustainable agricultural practices, farmers’ rights, and food security.950 views -
Examining the Impact of ‘National Anti–Doping Agency Act’ on Doping in Indian Sports: An Ethical Inquiry
Student at Christ University, IndiaPages 3204 - 3214In this way, my study examines the problems encountered in the implementation of anti-doping policies and their ethical validity within the Indian context. They analyse, for example, the National Anti-Doping Agency Act, so that there could be a clear understanding of these existing measures and their impacts on the sports fraternity. This study provides an in-depth assessment of how efficient these regulations are at curbing doping by considering not only quantitative but also qualitative evidence. It takes every aspect including the athletes’ awareness, testing method and implication into account to present a clear picture. In addition, it looks at the moral ramifications of those laws as well. Therefore, the main goal behind it is to address the issues related to athletes’ welfare, the notion of unfair sports rivalry, etc. The interdisciplinary perspective is applied in this study by combining various aspects of sports science, ethics, and law for extensive scrutiny of the matters. Additionally, it considers the wider societal and cultural factors which affect doping culture in India. In the end, the findings of this study are meant to give information concerning both the effectiveness and ethics involved in the enforcement of strict doping rules within Indian sports to policymakers, sports organisations, and the general population. The research adds to the debate concerning evolving anti-doping efforts and their effect on athletes’ wellness and credibility in Indian sports arenas.730 views -
Pages 3215 - 3231The criminal trial of an accused in India largely resides on the strength of the evidence provided by eyewitnesses. Over the recent decades, the credibility of eyewitness testimony in enabling successful prosecution of guilty accused and the avoidance of wrongful conviction of an innocent accused has become a subject of intense scrutiny. This is because eyewitnesses rely upon fallible human memory and perception for the provision of information. This article deals with the topic of eyewitness testimony. It first examines the substantive law, psychological theories as well as judicial perspectives regarding eyewitness testimonies. It describes how eyewitness testimonies are regulated by statutes, namely the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973. Further, it discusses the role of the Supreme Court of India in refining the substantive law through landmark judgments and judgmental guidelines; this development has aimed at promoting a better and reliable version of testimony. Secondly, the article explores the psychological (perception and memory) underpinning of eyewitness testimony and provides insight into the myriad factors, such as stress, trauma and time passage, which erode the accuracy of eyewitness. Third, the article considers the legal theory surrounding the admissibility and credibility of eyewitness testimony. The focus of this part is on the law regarding evidentiary requirement or testimony corroboration and scrutiny to reduce the risk of false convictions. Finally, it elucidates the strategies for improving the reliability of eyewitness testimony through recourse to forensic science, technological evolution and legal reforms, such as the employment of DNA evidence for corroboration; video recording of the testimony; digital reconstruction of the crime scene; witness protection programmes; and training programs for law enforcement officers in cognitive interviewing.1,159 views
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Reflections of Society: Exploring the Sociology of Malayalam Cinema
Student at Gujarat National Law University, IndiaPages 3232 - 3247The symbiotic relationship between Sociology and cinema helps in unravelling how films serve as a mirror reflecting the intricacies of societal constructs. Renowned for its nuanced narratives, Malayalam cinema provides a compelling lens through which to analyse the multifaceted dimensions of Kerala society. Using sociological theories and methodologies, this paper analyses a diverse array of Malayalam films across genres and eras, investigating their treatment of pivotal social themes such as caste, gender, class, politics, and religion. By means of this multidisciplinary investigation, the paper aims to further our understanding of the role of cinema as a cultural artifact and a powerful tool for critical discourse, shaping and reflecting the features of the community at large. The research also delves into the reception of Malayalam films within society, analyzing how they are interpreted, discussed, and appropriated by audiences. By examining the socio-cultural context in which these films are produced and consumed, the study offers insights into the evolving dynamics of Kerala society and its cultural landscape.2,093 views -
Pages 3248 - 3261Intellectual property (IP) rights have emerged as vital in fostering innovation, creativity, and economic growth. In this rapidly evolving global landscape, the protection of IP rights has become a paramount concern for many businesses, inventors, and creators alike. Intellectual property (IP) incentivises innovation and creativity by providing legal protection to the ideas and creations of individuals and organisations. In today's interconnected and digital world, the value of IP has only increased, as technology advances Challenges emerge, and this interconnected world has made it easier to reproduce and distribute creative works without creators' permission. In order to protect intellectual property rights, countries should strengthen their IP laws and its enforcement mechanisms. Beyond individual creators, intellectual property protection is fundamental for societal advancement, as it stimulates innovation, fosters idea exchange, and propels economic development. To tackle these contemporary challenges, intellectual property laws must evolve to encompass emerging technologies, digital platforms, and global information flows. Striking a delicate balance between safeguarding the inventor's rights and promoting broader social interests, such as ensuring access to knowledge and cultural expression, is imperative. Furthermore, legal strategies must navigate international complexities effectively to regulate intellectual property in an era defined by borderless digital interactions. This article explores how intellectual property law protects IP rights in India, discussing the legal framework, challenges in enforcement, and the impact on economic development. It aims to contribute to the conversation on strengthening IP protection in the country.664 views
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Booming Acquittals in POSCO Cases: Backdrop in its Interpretation and Implementation
Student at School of Excellence in Law, TNDALU, IndiaPages 3262 - 3270The bruises may heal but traumas and scars will remain forever, the scars which they got even before they start their life… Starting from the Ghanashyam Misra case where a young girl of 10 years was brutally raped by a 39 year old man to the recent case of Puducherry where a 9 year old girl was brutally murdered, children of our county are becoming most vulnerable citizens of child abuse. There were some provisions in IPC against sexual offences but it was generalized in nature and did not effectively provide remedy for the child victims. In order to effectively address such issues, the POCSO Act, 2012 was enacted and amended in 2019. The ultimate aim of the Act is to protect children from sexual offences and to establish special courts for speedy trial. Even after a decade of its enactment, there is a steep increase in the reporting of Child abuse cases, one main reason behind it is the increased number of acquittals than conviction impeding justice to the victim and also pushing him or her into never ending trauma. Court has enumerated various reasons for the acquittal, most of the time the acquittal was a consequence of improper investigation or hostile witnesses whose veracity is lost after changing sides. This Article aims to find out the reasons behind the rise in acquittals under POCSO Act, the various interpretations made by court in providing such acquittals and few suggestions to reduce the number of improper acquittals.745 views -
Integrating Sociopolitical, and Cultural Dimensions into the Donabedian Framework for Comparative Legal and Healthcare Policy Analysis
Diplomatische Akademie, AustriaPages 3271 - 3295This study presents an analytical framework based on the Donabedian model , designed to investigate the impact of sociopolitical and cultural influences on the evolution and perception of legal structures across different legal systems. By combining ideas from international relations and legal theory, the study seeks to reveal the intricacies and variances in the development of legal conceptions, as well as how language, culture, and sociopolitical dynamics impact legal discourse in distinct international contexts. The central hypothesis is that the classic Donabedian framework, which includes structure, procedure, and outcomes, needs to be expanded to account for the fluid character of legal ideas in the context of global sociopolitical and cultural interactions. This expanded model is presented as a critical tool for traversing the convoluted web of international legal concept creation and application, providing a more solid knowledge of legal system complexities. The study's approach aims to make a substantial contribution to comparative legal analysis by emphasising the importance of policy dimensions for the model's applicability in legal contexts, allowing for a nuanced cross-jurisdictional legal discourse.736 views -
Pages 3296 - 3308In contemporary times, ‘fake news’ has become the buzz word not only for journalists but also for the common people, basically among those who frequently use social media platforms. However, the pervasive use and misuse of the term ‘fake news’ present a significant challenge, as the absence of a comprehensive definition impedes our ability to effectively address associated issues. Presently, the literature lacks a definitive framework that adequately encapsulates the complexities of fake news. With respect to India, this paper is an attempt to present the conceptual problem of fake news and various types of information disorder. The manuscript will discuss the working phenomenon of fake news and the transformation of media in the twenty-first century. It will further highlight the serious issue of not having an appropriate definition of fake news, which needs to be addressed. Lastly, it will provide possible solutions to deal with the menace of fake news and emphasise the need to have an appropriate definition of fake news. Notably, the researchers employs a purely doctrinal methodology to explore these themes and offer insights into the multifaceted challenges posed by fake news.496 views
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The Advancement and Role of Artificial Intelligence in Online Dispute Resolution
Student at Amity Institute of Advanced Legal Studies, Amity University, Noida, IndiaPages 3309 - 3319As the digital landscape continues to reshape the legal realm, the integration of Artificial Intelligence into Online Dispute Resolution systems has emerged as a significant development. This paper delves into the evolution and legal implications of Artificial Intelligence in Online Dispute Resolution, examining its impact on traditional legal processes, access to justice, and the role of legal professionals. Artificial Intelligence technologies, including machine learning algorithms and Natural Language Processing (NLP), are revolutionizing Online Dispute Resolution by automating various stages of dispute resolution. From case assessment to decision-making, AI-powered platforms offer efficiency gains and cost savings, potentially transforming the way legal disputes are resolved. However, this transformation raises fundamental questions regarding the role of human judgment, procedural fairness, and regulatory oversight. Beyond this, the research aims to gauge the extent to which the integration of Artificial Intelligence in Online Dispute Resolution contributes to enhancing individuals' access to justice. It considers the evolving nature of dispute resolution in the context of technological advancements and the role Artificial Intelligence plays in making justice more accessible to a diverse range of individuals.725 views -
Designer Genes: A Glimpse into the Future of Human Potential
Student at ICFAI Law School, Hyderabad, IndiaPages 3320 - 3334Genetic engineering has been rapidly developing in the biotechnology industry. With the advent of this technology that uses techniques like CRISPR, the concept of designer baby has become a reality. This CRISPR helps in customizing the traits of the foetuses by using the cut and paste of DNA method. Even though it has many notable benefits, it should be considered that it is associated with several ethical and legal concerns. Since it is a new development, it has no proper legal framework in existence, hence it is essential to address these matters. The legal positions of several nations such as USA, UK, India and others have been discussed in this article. In India, even though there is no proper legislation that regulates this process, there are several guidelines given by some government authorities. This article concludes with several recommendations for the regulation of genome editing.611 views -
Right to Privacy: A Critical Human Right in Digital Era
Assistant Professor at Department of Law, Chaudhary Devi Lal University, Sirsa, Haryana, IndiaPages 3335 - 3346Right to privacy as enshrined in Article 12 of Universal Declaration of Human Rights is changing and widening its scope in modern digital era of internet. As much as digitalization is growing, the right to privacy is becoming more and more critical. India too is nowhere behind in recognizing this human right as fundamental one through its Constitutional Law specially allying it with Article 21 as right to life, several other civil and criminal laws and judicial trends. A specific set of cyber laws especially Information Technology Act of 2000 is also there. The unbridled usage of freedom of speech and expression, sharing private and confidential data bypassing regulations, media trials, unorganized internet news media, online character assassination and much more are biggest challenges faced by right to privacy now a days. In huge digital sea of information it becomes very difficult for implementing authorities to filter and tackle anti human rights narratives. It’ll not be wrong to say that this very right is now on the stake when almost every hand has camera and internet connection. Where every hand is armed with abovementioned resources there is complete sense of negligence in minds that what is the importance of right to privacy and what are the laws and principles with which they are playing. The jurisdictional limitations, inadequate and obsolete training of staff and lack of proper resources are terrible issues for every state dealing with right to privacy violations. In this research article national and international human right laws related to right to privacy will be discussed and light will be thrown on the factors responsible due to which effective implementation is lacking. Beside this unethical networking and public mindset which are ignoring such an important right in digital world on socio-human level will also be discussed.1,142 views -
One Nation One Election
Advocate in IndiaPages 3347 - 3350The idea of aligning and synchronizing the timing of elections across India has garnered much debate over the past few years. Commonly referred to as 'One Nation Election', this proposal envisions structuring the electoral calendar so that elections to Lok Sabha, State Assemblies, and local government bodies occur simultaneously or get clustered together in a predetermined cycle. Critics argue that this electoral reform will result in significant cost savings, improve governance efficiencies, reduce pressure on political parties, check populist measures, and induce a more coherent outlook on national issues. By avoiding frequent election mode, governments can focus on long-term policymaking rather than short-term electoral considerations. Currently, state and central governments are in perpetual campaign mode which hinders effective administration. This paper discusses impact of One Nation One Election on the economic stability, society and the government of India in an elaborative manner.613 views -
Role of AI as a Monitoring Tool for Social Media Platforms
LLM Graduate from Hidayatullah National Law University, IndiaPages 3351 - 3363Artificial Intelligence (“AI”) technology represents a very cutting-edge innovative technology that is still complex and opaque to most of us. Nonetheless, this technology has found a stronghold in almost every sector thanks to its ability to streamline processes, enhance decision-making, and eliminate tedious tasks. AI has enabled social media to become much more user-friendly and intuitive, with features like facial recognition, image tagging, and speech recognition. The use of AI technology as a monitoring tool on various Social Media Platforms (“SMPs”) is also one of the most important features of the technology. As a result of these platforms' extremely dynamic nature and massive data generation, regulating them presents one of the biggest challenges of the contemporary era. AI provides SMPs with the ability to check user activity, identify any potential breaches or violations of their terms and conditions, and restrict user’s access to content that is deemed inappropriate or harmful. AI technology can, therefore, become an indispensable resource for SMPs and can become an invaluable tool in helping these platforms provide safe and enjoyable experience for their user base.751 views -
Corporate Taxation: Issues and Challenges in Start-up Industry
Student at Symbiosis Law School, IndiaPages 3364 - 3369Start-ups can be called the ‘latest fashion’ of the commercial industry since the past few years in India. Corporate taxation poses significant challenges and issues for Start-ups in the industry. The intricate nature of tax laws and regulations, coupled with compliance requirements and ambiguities, pose significant obstacles for start-ups. Additionally, start-ups encounter challenges related to tax structuring, funding, employee stock options, and intellectual property rights. These hurdles directly affect their capacity to attract investors and foster business growth. This paper aims to delve into the challenges and issues concerning corporate taxation within the start-up industry. It seeks to propose measures to cultivate a favourable tax environment for start-ups in India. Furthermore, the paper analyses recent policy changes pertaining to corporate taxation and their implications on start-ups.661 views -
Pages 3370 - 3384The rapid advancement of AI technologies has brought about significant benefits, but also posed challenges to the fundamental right to privacy. In India, the right to privacy has been upheld as a constitutionally protected right, yet the legal framework governing data protection and AI remains nascent. AI systems often rely on the collection and processing of vast amounts of personal data, which can potentially infringe upon an individual's privacy rights. Techniques like machine learning and deep learning algorithms can uncover patterns and insights from data that may reveal sensitive personal information. Furthermore, AI-driven surveillance, facial recognition, and predictive policing technologies raise concerns about mass monitoring and profiling. India lacks a comprehensive data protection law, though the Personal Digital Personal Data Protection (DPDP) Act, 2023 has been passed. The Act aims to regulate the processing of personal data and proposes safeguards like data localization and individual consent requirements. However, concerns remain about potential exemptions for government agencies and whether the proposed legislation adequately addresses issues specific to AI systems. The Indian judiciary has recognized the need to balance privacy rights with legitimate interests like national security, crime prevention, and socio-economic welfare. The Supreme Court's landmark Puttaswamy judgment affirmed privacy as a fundamental right but also acknowledged that it is not an absolute right. Applying this balancing test to AI will require a nuanced approach that fosters innovation while protecting citizens' privacy. As India embraces digitalization and AI across sectors, policymakers must proactively address the privacy implications. Robust governance frameworks, ethical guidelines, and regulatory mechanisms are needed to ensure AI development aligns with constitutional rights and democratic values. Striking the right balance will be crucial for promoting responsible AI that enhances societal benefits without compromising individual privacy.1,986 views
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Crowdfunding in the Digital Age and its Legal Implications
Student at Amity Law School, Noida, IndiaPages 3385 - 3391The modern economy has embraced crowdfunding, which is a type of financing that can be funded through digital channels. This article goes into the depth of dynamics of crowdfunding in the digital age and study its legal implications. Crowdfunding has altered the access to capital, allowing entrepreneurs, creators, and social causes to move beyond traditional crowdfunding platforms. This research investigates the shifting regulations surrounding crowdfunding and evaluates how to foster innovation and entrepreneurship. This is necessary to protect the interests of investors and maintain the integrity of the market. It examines the regulatory responses of different jurisdictions and highlights the different approaches that have been taken to balance investment protection with capital formation. The Article draws attention to challenges of applying traditional legal principles in a decentralized and unbounded nature crowdfunding platforms. The challenges of ensuring regulatory compliance and investor protection are significantly amplified by jurisdictional ambiguity, enforcement mechanisms, and cross-border transactions, it also makes an international comparison of regulatory guidance, and empirical research to explain evolving aspects of crowdfunding law and policy. Finally, this article recommends a diverse and forward-looking approach to crowdfunding regulation that balances the financial playing field inclusion, market efficiency and investor protection in the rapidly developing digital economy. Interdisciplinary collaboration and stakeholder involvement in crowdfunding can help policymakers, lawyers, and industry stakeholders navigate the legal challenges of the medium-sized fund, thereby creating a dynamic and sustainable ecosystem for innovation and economic empowerment.720 views -
Impact of Live-in Relationships on Marriage and Family Institutions: A Societal Perspective
PhD Research Scholar at Department of Law, Galgotias University Greater Noida, Uttar Pradesh, IndiaPages 3392 - 3406Live-in relationships, once considered taboo, have become increasingly prevalent in contemporary society, challenging traditional notions of marriage and family. This research article explores the impact of live-in relationships on marriage and family institutions from a societal perspective. Drawing upon interdisciplinary research, including sociological, psychological, and legal studies, this article examines the implications of cohabitation for individuals, couples, and families, as well as broader social structures and norms. Through a comprehensive analysis of existing literature and empirical evidence, this article aims to shed light on the complex dynamics surrounding live-in relationships and their influence on traditional marital and familial arrangements. By critically evaluating the advantages, challenges, and consequences of cohabitation, this research contributes to a nuanced understanding of the evolving landscape of intimate relationships and family life in contemporary society.1,686 views -
Pages 3407 - 3418The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 addresses the pressing issue of escalating drug trafficking and abuse in certain regions of India. While the Act stands as a crucial legal provision in combating this menace, its utilization has been notably inadequate. This article explores the genesis of the Act, rooted in the surge of illicit drug transit traffic and the inadequacies of existing penal provisions. Central to its provisions is the authority to issue detention orders against individuals involved in such activities, with stringent safeguards to protect individual liberties. Examining the scheme of the Act reveals its comprehensive coverage of illicit trafficking activities and the power vested in detaining authorities to issue orders. Key provisions outline the process of issuing detention orders, including the establishment of Advisory Boards to review cases and the detenu's right to make representations against orders. The Act emphasizes the subjective satisfaction of the detaining authority, necessitating a clear apprehension of the individual's involvement in illicit activities. While preventive detention serves as a vital tool in disrupting illegal drug networks and safeguarding public health and security, its effectiveness hinges on adherence to certain legal safeguards. The article highlights the necessity for authorities to exercise discretion judiciously and uphold constitutional principles in the implementation of the PIT-NDPS Act.3,692 views
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The Role of Corporate Law in Regulating Digital Platforms and Online Marketplaces
Student at Amity University, Noida, IndiaPages 3419 - 3426In the contemporary digital landscape, the proliferation of digital platforms and online marketplaces has revolutionized commerce and communication. However, this rapid expansion has brought about multifaceted challenges, ranging from issues of data privacy and antitrust concerns to the regulation of online content and market dominance. Corporate law, traditionally focused on the governance and operation of companies, is increasingly tasked with addressing these challenges within the context of digital platforms and online marketplaces. This paper examines the evolving role of corporate law in regulating digital platforms and online marketplaces. It explores how corporate governance principles, such as fiduciary duties and shareholder activism, intersect with the unique characteristics of digital platforms, including network effects and data-driven business models. Moreover, it analyses the legal frameworks governing competition, consumer protection, and intellectual property rights, and their application to digital platforms and online marketplaces. Through a comparative analysis of regulatory approaches across jurisdictions, including the United States, the European Union, and China, this paper evaluates the effectiveness of different regulatory strategies in promoting innovation, competition, and consumer welfare. It also considers the role of self-regulation and industry standards in supplementing traditional legal frameworks. Furthermore, this paper discusses emerging regulatory trends and challenges in the digital economy, such as the regulation of algorithmic decision-making and the liability of digital intermediaries for user-generated content. It concludes by offering insights into the future direction of corporate law in regulating digital platforms and online marketplaces, emphasizing the need for a balanced approach that fosters innovation while safeguarding against potential harms.1,244 views -
Pages 3427 - 3442The ‘One Nation One Election’ (ONOE) unifies all electoral cycles at the national/federal, state and local government levels by synchronizing the dates to overcome the financial and administrative inefficiencies that are caused by the staggered or non-overlapping system of holding elections in India. While originally stemming from India’s first post-constitution representative electoral model of 1951-52, the ONOE seeks to help the Election Commission of India work more efficiently, reduce the cost of holding elections, and limit the time that the Model Code of Conduct is in force (model code restricts the scope of governance for the parties). ONOE’s critics argue that it may distort public perception of the differences between state and national issues, disadvantage small and regional parties, and centralize power anyway, undermining India’s federal system, especially if the legislature is overhauled as well. ONOE entails constitutional amendments and a significant amount of logistical planning is required, including aligning divergent electoral cycles and the logistic orchestration of holding simultaneous multi-level national combined elections. However, observers on a high-level committee argue for a staggered rollout of India’s post-constitution model of 1951-52 by synchronizing the next major elections. Although this strengthens balance between democratic integrity and administrative efficiency, the big-bang policy model mitigates concerns about patterns of voting and the prioritization or marginalization of local-level issues. Political will is a necessary first step, but successful legal and logistical execution is where implementation faces its biggest hurdle.1,148 views
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Vicarious Liability Regime for Sport Injuries and the Way Forward
Student at BITS Law School, IndiaPages 3443 - 3447Vicarious liability, being a legal doctrine that holds individuals and entities liable for actions of a third party finds extensive application in the realm of sports injuries. However, owing to the recent developments and evolutions, the extent of liability remains questionable, thereby inducing the need to enact either a new legislation or develop narratives and interpretations for the current legislation. This paper uses doctrinal methods of research to examine the current liability framework in respect to application of vicarious liability in the UK, hereby discussing the issues of foreseeability, risk and contributory negligence, to derive inferences as to whether India as a jurisdiction should adopt the path of vicarious liability to deal with cases of sports injuries. Moreover, the paper examines and elaborates on the probability of development of a new regime encompassing vicarious liability and sport injuries, hence concluding why alternate dispute resolution mechanisms like arbitration are a better choice for cases of sports injuries.712 views -
Climate Change and Sustainable Fashion Industry
Student at India International University of Legal Education and Research (IIULER), Goa, IndiaPages 3448 - 3464The paper discusses the practicality of fashion's present interest in environmental issues in the context of an examination of the industry's unquestionably major aspect, its relationship to sustainability. This paper aims to elaborate on the need for ethical thought to guide aesthetic needs without sacrificing current trends or the love of glamour, style, or couture. The paper will conclude with a reevaluation and possible resolution, grounded in the performative nature of fashion, to the query of whether sustainable fashion can be seen as an existing, feasible, and maybe successful means of addressing modern environmental issues. With the proliferation of cheap fashion and throwaway culture, textiles compete with plastics as the top contributor to our landfills. Can a partnership between the government, textile industry and consumers be achieved to take concrete and urgent measures towards creating a circular economy. India has put in place a number of legislative initiatives to safeguard the environment. The most well-known of them is the Water (Prevention and Control of Pollution) Act, 1974, which sets fines for violating regulations on the release of pollutants into water bodies. In order to encourage sustainable practices in the textile sector, the Indian government has also put in place a number of laws and programs. One such project is the Sustainable Textiles of India program, which attempts to encourage the production and consumption of textiles in a sustainable manner.580 views -
Enhancing Climate Governance: Evaluating Policy Effectiveness and the Role of CDM in India
Student at Amity Law School Noida, Amity University Uttar Pradesh (AUUP), IndiaPages 3465 - 3478This paper examines the governance of climate change and the effectiveness of policy frameworks, with a particular focus on the Clean Development Mechanism (CDM) within the context of India. Utilizing a doctrinal and non-doctrinal research approach, this study analyses global and national legal frameworks, policies, and their implementation to address climate change. The paper highlights the critical role of international agreements like the UNFCCC and the Kyoto Protocol, while examining India’s engagement through policies such as the National Action Plan on Climate Change (NAPCC). It identifies significant challenges in policy implementation, including insufficient political will, technological gaps, and financial constraints. The paper also assesses the contribution of CDM projects in India towards reducing greenhouse gas (GHG) emissions and achieving sustainable development goals. Despite the potential, the effectiveness of these projects is hampered by challenges in funding, certification processes, and achieving equitable sustainable development benefits. Based on the findings, recommendations are provided to strengthen climate governance and policy frameworks, enhance the efficacy of CDM projects, and ensure equitable and sustainable development outcomes. The paper contributes to the discourse on improving climate change governance and policy effectiveness, offering insights into overcoming implementation challenges in developing countries like India.603 views -
Pages 3479 - 3491This paper aims to conduct a thorough analysis of the legal frameworks aimed at combating animal cruelty in India, with a focus on intent and significance. Through a detailed examination of relevant legislation, case studies, and enforcement mechanisms, the study intends to provide insights into the effectiveness and shortcomings of existing laws in protecting animal welfare. The significance of this research lies in addressing the pressing need to enhance legal protections for animals in India, considering the country’s cultural diversity and rich biodiversity. By shedding light on the gaps and opportunities within the legal framework, this analysis seeks to contribute to the ongoing discourse on promoting animal rights and fostering a more compassionate society.1,082 views
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Application of Penal Statute in Acid Attack
Student at School of Excellence in Law,TNDALU , IndiaPages 3492 - 3506“The best way to get a bad law repealed is to enforce it strictly”, says Abraham Lincoln. Interpretation of a statute is the proper analysis and understanding of the law. there are so many rules that come under interpretation, one such rule is strict construction. Strict construction of the penal statute is a concept that assures the court to apply a statute in its plain and simpler sense. In this ever-going society, there are so many crimes that prevail in the society and a possible source of punishment was also given. One such hazardous crime is acid attack. Acid attack is a form of gender-based violence where women are highly affected. About 78% of the victims of acid attack are women especially those who reject the proposal of marriage or denial of love. In which half of the attacks go unheard. “The first recorded acid attack in India was in 1982 and the use of acid attack as a weapon began to rise in many developing countries, particularly in South Asia.” Until 2013 there were no special laws related to the punishment of acid attacks. The amendments were brought up as section 326 of IPC. The interpretation done by the court for interpreting the acid attack and the possible changes that prevailed from ancient to the present with case laws were explained in this paper along with possible suggestions to curb the future victims of acid attacks.1,648 views -
Pages 3507 - 3522The landscape of corporate social responsibility (CSR) in India is characterized by a dynamic interplay of regulatory mandates, cultural expectations, and business imperatives. This paper provides an in-depth analysis of the multifaceted nature of CSR in India, tracing its historical evolution, examining the regulatory framework, corporate practices, stakeholder perspectives, impact assessment, challenges, and opportunities. Drawing on empirical evidence and case studies, the research illuminates the complexities and nuances of CSR initiatives undertaken by Indian companies, shedding light on their motivations, strategies, and outcomes. Key findings highlight the significance of regulatory mandates in driving CSR compliance, the diverse approaches adopted by companies to address social and environmental issues, and the pivotal role of stakeholders in shaping CSR agendas and outcomes. Moreover, the research identifies challenges such as resource constraints, lack of awareness, and implementation gaps, while also uncovering emerging trends and opportunities for enhancing CSR practices in India. Ultimately, the paper offers insights and recommendations for policymakers, companies, and other stakeholders to navigate the complex landscape of CSR in India, fostering sustainable development and societal impact.741 views
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Rights of Nature: Realizable or A Rhetoric?
PhD Scholar at Guru Gobind Singh Indraprastha University, IndiaPages 3523 - 3538The discussions on rights and duties and their links with moral considerability have been in academic discourse since a very long time. The qualities of a human being, the most important one being his sentience i.e his ability to feel frustration, pain, anger, and satisfaction among others, make him worthy of moral respect and further endows upon him certain rights and obligations. Apart from sentience, his interests and his functionality also give rise to his worthiness. Such an understanding of rights which is humancentric in nature raises a question on the justification of the eco-centric approach to rights of living beings other than humans and natural objects which have an intrinsic value of their own. Further, when it comes to the conferment and implementation of such rights of nature, Environmentalism which operates in a particular nation plays a very crucial role as it determines through its laws and judicial precedents whether at all there is a requirement for the implementation of such rights or if implementation needed, then what should be its content and its significance for wildlife and biodiversity conservation. This paper shall critically examine the emerging jurisprudence on the rights of nature and whether any moral considerability can be associated to such rights to justify its standing in the larger discourse on human-centric environmental rights. Further, it shall evaluate the kind of environmentalism that exists in India and how is it different from that of the United States and Europe. Lastly, it shall discuss the status of such rights in India and the challenges of their implementation in the light of the conferment of such rights by nations like Ecuador which constitutionally recognized it in 2008 and also some other nations like New Zealand and Bolivia among others.702 views -
Pages 3539 - 3550A key element of India's socioeconomic progress and environmental sustainability is the country's electrified landscape. This research paper offers an analytical examination of the rules and regulations controlling electricity and electrification in India, providing information on how they were created, put into effect, and what effect they had. This study aims to clarify the complexities and challenges involved in guaranteeing universal access to electricity, promoting the deployment of renewable energy, and fostering a competitive and sustainable electricity sector by looking at important legislative acts, regulatory frameworks, and government initiatives. This study aims to provide a valuable contribution to the ongoing discussion on energy policy and governance in India by providing a thorough analysis. The ultimate goal is to empower educated decision-making and promote good transformations in the electrical industry.591 views
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A Comprehensive Analysis of India’s Insolvency and Bankruptcy Laws
Student at Amity Institute of Advanced Legal Studies, IndiaPages 3551 - 3559The introduction of India's Insolvency and Bankruptcy Code (IBC) in 2016 indeed represented a significant departure from the traditional insolvency regime in the country. It aimed to revolutionize the resolution process, strengthen creditor rights, and promote a more dynamic entrepreneurial culture. However, the journey of implementing the IBC has not been without its hurdles, prompting a thorough examination of its efficacy and broader impact on the economy. This dissertation embarks on a meticulous exploration of India's insolvency and bankruptcy laws. It delves into various aspects, including their historical evolution, the underlying legal framework, practical challenges in implementation, and the socio-economic ramifications. By adopting a mixed-method approach, incorporating legal analysis, empirical research, and comparative perspectives, the dissertation aims to offer a holistic understanding of the strengths, weaknesses, and potential avenues for reform within India's insolvency regime. Through legal analysis, the dissertation scrutinizes the intricacies of the IBC, assessing its compatibility with existing laws and international best practices. It examines key provisions, procedural intricacies, and judicial interpretations to gauge the law's effectiveness in achieving its stated objectives. Incorporating empirical research, the dissertation ventures into the real-world implications of the IBC. It investigates case studies, examines data on resolution outcomes, and evaluates the impact on stakeholders, including creditors, debtors, and investors.1,100 views -
Reproductive Rights of Women
Student at Government Law College, Dharmapuri, IndiaPages 3560 - 3562The reproductive rights of women are rarely spoken and in general women have right over her own body. Its choice of a women whether she want to reproduce or not. And women should not be forced to get reproduce. But in practical the society forces the women to reproduce. By this activity, most of the women are facing mental Trauma and also they are facing the problem of mental and physical illness. And also Article 21 of Indian constitution speaks about freedom of choice and personal liberty. And also MTP Act 1971 medical termination of pregnancy says about the reproductive rights of women. Also most of the challenges facing by women due to less awareness in reproductive rights. And new reforms made by several Countries in accordance to reproductive rights. The rights of the women should not violated. This Article widely speaks about the reproductive right of women and this will helps to understand the reproductive rights of women.651 views -
Pages 3563 - 3573DNA test profiling technology is becoming a very potent tool that allows people to be uniquely identified based on their genetic code. In addition to confirming the existence of particular biospecimens at a crime scene. DNA evidence can distinct innocent suspects of wrongdoing. This forensic science evidence has benefited from technological developments that have increased its precision in investigations. These advancements include the creation of validated kits and statistical methodologies. It is like two side swords against crime. The scientific and technological advancement with the changing society has posed new challenges in administration of criminal justice system. Applying the technology in the court, it sometimes becomes very difficult because DNA test profiling always create conflict between right to privacy and right against self-incrimination. the human right and self-incrimination are a human right and raise a contradiction with each person's right to privacy. The state is required to have sufficient laws, along with the DNA data protection banks and an efficient, transparency and removal of DNA sample from Banks.622 views
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A robust banking sector is crucial to the Indian economy's infrastructure. The rise of bank fraud is a growing concern in the financial industry. The Indian banking system is prone to corruption and fraud due to a lack of transparency and tribalism. This study will delve into the issue of Banking fraud and types of fraud in the banking sector and how the loopholes of banking policies give rise to the high scale of fraud in the past. While banks are not able to create a completely fraud-proof environment, they can reduce risks by conducting comprehensive risk assessments of their operations and policies. Further in this study, we will see some landmark cases and scams that questioned the banking policies and their effectiveness in regulating frauds and how regulatory agencies and governments can use proactive data mining and forensic data analysis to tackle increasingly sophisticated fraud. As financial fraud is a global issue, a robust international framework is necessary to combat these criminals. This study will indicate that public sector entities are particularly susceptible, necessitating increased vigilance by authorities. However, it should be noted that there are various ways to understand financial fraud, and this study has a limited scope.716 views
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Pages 3583 - 3592The researh paper provides an exhaustive and retrospective overview of the Supreme Court dissenting opinions on fundamental rights, their significance, and the historic evolution. It highlights that dissent is a catalyst for legal change and explains different approaches within judicial opinions. The paper then moves to the Indian context, citing the functionality of dissent in shaping constitutional governance and guaranteeing fundamental rights. In addition, it outlines the challenges and limitations that dissenting opinions often face, including their effect on judicial decisions, their acceptance in the judiciary, and how they fare in the face of national crises. However, the author contend that even amidst such challenges, the dissenting justices carry on with the enrichment of the legal debate and, as they have always been doing, to keep up with the duty of the judiciary in upholding the fundamental rights and the rule of law. Finally, it highlights creating an environment conducive to dissent and ensuring that all views are given the chance for justice and equality.667 views
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Asserting Ownership of Intellectual Property Rights: Protection Under Intellectual Property Law
Student at Amity Law School, Noida, IndiaPages 3593 - 3601Intellectual Property Rights (IPR) cover a range of legal rights given to individuals or entities for their creative works, such as inventions, literature, art, logos, trademarks, and commercial designs. The protection of these rights, including patents, trademarks, copyrights, and trade secrets, plays a vital role in promoting innovation, creativity, and economic development in contemporary societies. The idea of intellectual property has a long history, dating back to ancient civilizations. During that time, artisans and craftsmen were acknowledged and compensated for their innovative creations. However, it was only with the rise of the Industrial Revolution and the subsequent boom in technological progress that the importance of establishing legal safeguards for intellectual creations became evident. This research paper focuses on the intricate issues and obstacles involved in safeguarding Intellectual Property Rights (IPR) within the legal system. This paper aims to explore how legal systems in different jurisdictions handle the complex realm of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. This research paper explores the complex world of protecting Intellectual Property Rights (IPR), examining the various legal frameworks, enforcement methods, and new obstacles that arise in different jurisdictions. This study analyses the efficacy of intellectual property rights (IPR) legislation in protecting innovations, creative works, and brands. It also explores the delicate equilibrium between IPR protection and the broader interests of the public. Through conducting comparative analyses, exploring case studies, and evaluating enforcement strategies, the dissertation seeks to offer a thorough understanding of the intricate challenges associated with protecting intellectual property rights in an interconnected, digital era. This paper aims to provide valuable insights and recommendations to policymakers, legal practitioners, and stakeholders. It focuses on strategies to strengthen intellectual property rights protection, encourage innovation, and support economic growth, all while considering societal interests and values.734 views -
Critical Analysis of Intellectual Property Law and Artificial Intelligence
Student at Amity Law School, Noida, IndiaPages 3602 - 3610In the field of intellectual property law, one of the key areas of development which has gained popularity is the interaction between artificial intelligence and intellectual property rights. The main objective of intellectual property law is to encourage and promote innovation, creativity and investment in research and development. The ownership, protection and enforcement of intellectual property in artificial intelligence generated material and innovations are becoming more complicated as artificial intelligence tools create, analyse and manipulate massive volumes of data. Artificial intelligence generated ideas patentability involvement in the inventive process and inventorship requirements are all debated under patent law. Artificial intelligence created artworks, literature and music are difficult to identify and own under copyright law. Thus a pertinent question which arises is as to invention by artificial intelligence, who in the application for protection under intellectual property right should be named author/inventor, the artificial intelligence system or the user of artificial intelligence system or the company/person responsible for the development of artificial intelligence system? Policymakers, lawyers, legal scholars around the world face several difficulties and opportunities at the interaction of artificial intelligence and intellectual property rights. The paper aims to critically analyse the impact of artificial intelligence on innovation in the field of intellectual property rights.684 views -
Pages 3611 - 3654Research on juvenile sex offenders goes way back than 50 years which comes from the growing youth population. These things happen because of the impact of sex education that is being taught around the world. The access the youth has is only through the internet and most of the time illegal sites which showcase wrong and inappropriate manner. Which mostly creates urges to commit such crimes at such a young age. But proper teaching can never go wrong if done right and at the age of curiosity and adolescence so that they get the right education on how all this works instead of a wrong path or of a criminal or an offender. This research showcases how restorative justice works and how good rehabilitation can teach them and give them a holistic approach through therapies such as family therapies which gives them a new approach towards life and walking toward the path of learning and changing oneself. Since then there have been many therapeutic centers that deal with such juvenile delinquents it gives them a chance to work upon themselves such as the Centre for Sex Offender Management and the National Center on the Sexual Behaviour of Youth which has published policy and practice guidelines. These centers deal with their behavior, character development, future risk, and their sexual behaviors which brings them into clinical settings which include events such as sharing pornography with younger children or grabbing peers or touching them in inappropriate ways. Juvenile sex offenders come from a variety of social and family backgrounds and various other problems. So, this research includes all the ways it is dealt with and how it functions as some offenses occur in conjunction. It is essential to recognize that the relationship between mental health and criminal behavior is multifaceted, so it needs to be observed and read well.734 views
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Gender Neutral Laws: Need of Reforms to Extremist Legislations
Student at Christ(Deemed to be) University, Pune Lavasa Campus, IndiaPages 3655 - 3662Law in its ideal form should not discriminate between a man and woman, but we can see the conduit when it comes to a lot of provisions. Crime can be committed regardless of gender and recently the statistics are in favour of such argument. Generally, sexual offences are gender biased in India due to the historical encounters. The idea of gender neutralism stems to avoid distinguishing gender traits and deliberate assignment of roles to cure gender inequality. Even after the soon to be enactment of the new Code: stalking, voyeurism and sexual harassment would remain gender specific even after continuous deliberations and interruptions by few policy-making institutions of our country. Therefore, it is generally assumed in the case of sexual offences that the perpetrator is a man and victim is a woman. Such violence can be inflicted for several reasons: for satisfaction of lust or desire, to show power and humiliation or dominance of superiority of one section of people over other. It makes the argument for the enactment of gender-neutral laws in order to address the underreported incidents of male harassment and violence through an analysis of cultural conditioning, legislative loopholes, media impact, and judicial viewpoints. The abstract ends by promoting a society devoid of gender stereotypes and discrimination, in which people are treated according to their qualities rather than their gender, so promoting an atmosphere of equality and respect for everyone.659 views -
Cracking the Code: NPA Resolution Demystified
Student at Asian Law College, IndiaPages 3663 - 3678Resolving Non-Performing Assets (NPAs) is a significant task for financial institutions, affecting the landscape of financial stability and economic vibrancy. This study attempts to examine the complexities of NPAs in the Indian banking sector, providing a thorough examination of the underlying difficulties, regulatory frameworks, resolution procedures, and case studies. The introduction highlights the relevance of NPA resolution in the context of India's financial system, emphasizing significant figures and the need for proactive efforts to reduce NPA proliferation. The study goals underline the importance of understanding the concept of nonperforming assets (NPAs), recovery techniques, and their impact on the Indian economy. The following sections go into detail on NPAs, including their forms, effects on the economy and borrowers, and the reasoning behind banks' decisions to write off loans. Regulatory frameworks for NPA resolution are investigated, including the Narasimham Committee's recommendations and RBI guidelines. Various NPA resolution methods are examined, including Asset Reconstruction Companies (ARCs), One-Time Settlements (OTS), Debt Recovery Tribunals (DRTs), and the planned formation of a "bad bank." Case studies provide real instances of successful NPA remedies, demonstrating the effectiveness of legal systems in promoting financial recovery. Measures for addressing and managing NPAs are outlined, highlighting the critical role of regulatory agencies in creating standards, checking compliance, and providing assistance. Banks' NPA resolution strategies, both preventative and reactive, are thoroughly scrutinized to determine their effectiveness in minimizing NPA risks and enabling recovery efforts. Finally, the study highlights the multiple characteristics of NPA resolution, calling for an integrated strategy in financial institutions, regulatory authorities, and legal frameworks. Embracing best practices in risk management and sustainable banking is critical for determining the complexity of NPA resolution and improving the financial ecosystem's stability and robustness.922 views -
Addressing the Personal Data Protection Bill: Consequences for Indian Companies
Student at Presidency University Bangalore, IndiaPages 3679 - 3692In the contemporary era, characterised by rapid change and the accumulation of personal data by individuals for purposes of daily functioning, the potential for unauthorized access and compromise of such information has emerged as a substantial apprehension. The objectives of the Personal Data Protection Bill, 2019 (The Bill), which was introduced in Parliament, are to safeguard and regulate the processing of personal data. This article provides an analysis of the Bill's effects on businesses, with a specific emphasis on the opportunities, challenges, and cybersecurity considerations that it introduces. Furthermore, an examination of the article's genesis and subsequent progressions, encompassing the introduction and subsequent revocation of the Data Protection Bill, 2019, offers valuable perspectives on the dynamic terrain of data protection legislation in India. It is of the utmost importance that organizations navigating the complexities of data privacy and cybersecurity in the digital age comprehend these ramifications. The Personal Data Protection Bill (PDPB) signifies a substantial advancement in the realm of data protection in India, with the dual objectives of bolstering privacy rights and overseeing the manner in which corporations handle personal data. The research also examines approaches for adjustment and adherence, legal ramifications of failing to comply, and factors to be taken into account when transferring data internationally. Through a comprehensive examination of the PDPB in relation to global benchmarks and corporate tactics, this article imparts knowledge regarding the progressive data protection framework in India and provides pragmatic suggestions for organizations to effectively navigate and adhere to the forthcoming legislation. It is imperative for corporations operating in India's digital economy to comprehend these ramifications in order to guarantee efficient data governance and adherence to regulatory requirements.570 views -
Marriage, is the union of two individuals. In the majority of developed countries, the traditional definition of wedding as “a union between a man and a woman is increasingly giving way to the union of two people, regardless of gender.” Nonetheless, there is uncertainty in Indian law regarding the legality of same-sex unions and the implications and rights that would follow if they were approved. Since homosexuality is typically perceived as a Western phenomenon, it might be difficult to embrace on both a social and legal level. Since Supreme Court has already partly decriminalised section 377 the next approach appears to be to legalise same-sex unions. The researcher examines the Evolutionary journey of same-sex unions in the diverse landscape of India, exploring societal perspectives, and legal intricacies involved. Furthermore, the paper critically evaluates the legal frameworks governing same-sex unions in India, analysing the impact of key judicial pronouncements and legislative measures.571 views
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Corporate Dissolution
Student at ALS, Noida, IndiaPages 3705 - 3758Corporate dissolution, the process by which a business entity is terminated or wound up, is a critical part of the corporate law with substantial associations for stakeholders. Understanding the legal frameworks governing corporate dissolution is essential for policymakers, businesses, and legal practitioners. In Jurisdiction corporate dissolution procedures typically involve several steps. Initially, shareholders or directors may initiate the dissolution process by passing a resolution or petitioning the relevant regulatory authority. Once initiated, the company must comply with statutory requirements, including notification of creditors, liquidation of assets, and distribution of proceeds. Throughout the process, stakeholders' rights and obligations are delineated by law, ensuring equitable treatment and protection of interests. Comparatively, in Jurisdiction B, the legal framework for corporate dissolution may exhibit variations in procedural requirements and stakeholder protections. While the fundamental objectives of dissolution remain consistent across jurisdictions, nuances in statutory provisions and case law may influence the practical application of the law. For instance, in Jurisdiction B, the role of court-appointed liquidators or trustees may be more prevalent, leading to differences in the administration of dissolution proceedings. One significant similarity between Jurisdiction A and Jurisdiction B is the emphasis on creditor protection during corporate dissolution. Both jurisdictions typically require companies to settle outstanding debts and liabilities before distributing remaining assets to shareholders. This ensures that creditors receive fair treatment and mitigates the risk of asset-stripping or preferential treatment of certain stakeholders. However, differences may arise concerning the treatment of minority shareholders or dissenting creditors. In Jurisdiction A, minority shareholder rights may be more robust, allowing dissenting shareholders to challenge dissolution decisions or seek remedies for unfair treatment. In contrast, Jurisdiction B may prioritize efficiency and expediency in dissolution proceedings, potentially limiting the avenues for dissenting stakeholders to voice concerns. The implications of these differences in legal frameworks for corporate dissolution are manifold. Businesses operating in multiple jurisdictions must navigate varying regulatory landscapes, understanding the nuances of dissolution procedures and stakeholder protections. Policymakers face the challenge of harmonizing disparate legal frameworks to promote consistency and certainty in cross-border transactions. Moreover, the comparative analysis of legal frameworks provides valuable insights for academic research and policy development. By identifying best practices and areas for improvement, stakeholders can work towards enhancing corporate governance standards and promoting economic stability.644 views -
Pages 3759 - 3768The evolving commercial wisdom within the context of the Insolvency and Bankruptcy Code (IBC) has been the subject of much attention. This article examines judicial interpretations surrounding the Committee of Creditors (CoC) and their exercise of commercial wisdom during insolvency proceedings. Analyzing key legal precedents, we explore the delicate balance between creditor interests, business viability, and judicial review. The recent Supreme Court ruling in MK Rajagopalan v Dr Periasamy Palani Gounder has implications for the CoC's decision-making authority. We also recommend the implementation of a Code of Conduct to govern CoC actions. The concept of commercial wisdom must be scrutinized prudently to strike the right balance between liquidation and reorganization .943 views
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LGBTQIA+ Unequal Diversity: Same Sex Marriage
Student at School of Law, Manav Rachna Univeristy, Faridabad, Haryana, IndiaPages 3769 - 3786The authors delves into the historical trajectory of same-sex marriage (SSM) in India, tracing its roots from ancient texts to the colonial era and beyond, while juxtaposing it with the global landscape where SSM is legalized. India's historical background reflects a rich tapestry of diverse sexuality, evident in ancient texts such as the Kama Sutra and temple sculptures depicting same-sex relationships. However, the colonial period brought about significant changes, with the imposition of Victorian morality and the criminalization of homosexual acts under Section 377 of the Indian Penal Code. The struggle for LGBTQIA+ rights gained momentum in post-independence India, culminating in the landmark Navtej Singh Johar v. Union of India case, which decriminalized consensual homosexual acts in 2018. However, the legal status of SSM remains ambiguous, with no explicit laws either permitting or prohibiting it. A comparative analysis with British India sheds light on the impact of colonial legacy on LGBTQIA+ rights in India. Meanwhile, countries like the United Kingdom, which once enforced similar anti-sodomy laws, have progressed towards legalizing SSM, showcasing global shifts towards inclusivity and equality. This abstract underscores the complexities and nuances surrounding SSM legalization in India, informed by its historical context and comparative perspectives with global legal frameworks while offering the suggestions for future legal reforms towards greater inclusivity and equality. This abstract asked you that how our Indian culture & mythology also talks about the the transgender & SSM.613 views -
What Constitutes Non-Domestic Award under the New York Convention 1958
Professor at School of Law, UPES, Dehradun, IndiaPages 3787 - 3797The New York Convention on Recognition and Enforcement of Foreign Award 1958 (NYC 1958 or the Convention) became the principal vehicle for the resolution of international commercial disputes through arbitration. The signatories to the convention committed to incorporating its provisions into their domestic legislation to streamline the recognition and enforcement of foreign arbitral awards within their jurisdictions. The Convention has XVI Articles. Article I of the Convention has two provisos. First proviso mandates enforcement of foreign award by countries signatories to the Convention. Second proviso says that awards not considered as domestic will also be enforced by the member countries to the Convention. Thus, in the context of the New York Convention, a "non-domestic award" denotes an arbitral decision issued in a nation distinct from the one where the proceedings for recognition and enforcement are being conducted. In other words, enforcement of an award, incorporating some foreign elements, is neither domestic nor purely foreign award. This category will be covered under non-domestic award. The text of the Convention thus incorporates both internationality and nationality principles. This was due to difference of opinion between the member nations. This paper explores the journey of the signing of the Convention and also deliberates the theme of what constitutes a non-domestic award under the Convention.929 views -
Interfaith Marriage and Emerging Trends in India: A Legal Perspective
Student at Amity University, IndiaPages 3798 - 3808During the British ruling in India, as a matter of colonial policy, it was politically expedient for the British not to interfere with existing personal law in so far as they related to family and inheritance rights alone. This is because the main object of the East India Company was to carry trade, commerce, and exploitation on the natural resources of the country as their primary motive was with the law relating to trade and commerce. Before the commencement of the Constitution, the personal laws in India had anomalous features. Polygamy and child marriage were common. Inter-caste marriage and widow re-marriages were prohibited. Divorce and other matrimonial remedies under Hindu and Muslim personal laws were unknown to society. By conducting a thorough analysis of legislative as well as emerging trends in matrimonial relief, a series of divergent trends are being dealt with. In addition, laws concerned with live-in relationship in India are also being dealt with.1,154 views -
Pages 3809 - 3825It explains the varied and multifaceted rationales for curbing cow slaughter in technical detail – be it religious and cultural, economic and ethical, or ecological and environmental. It analyses the historical Prevention of the cow in Hinduism and other Indian religions – the importance of the cow in Indian agriculture, organic farming and even symbolizes ‘motherhood’ in the Indian society. The legal aspect of the analysis refers to the prism of the Indian Constitution, State laws and the judgments and opinions of the judicial proceedings. ‘Live and let live’ – such a simple rule has the potential to ensure harmony within the Indian context The diversity in the nation’s approach to cow protection has led to a philosophical approach towards cow slaughter, anti-cow slaughter, legal, economic and social critiques and also valuable recommendations – from harmonizing religious beliefs with legal principles and notions of a moderate secular state; to encouraging alternative and sustainable livelihoods; to encouraging dialogue and reconciliation between the different groups.877 views
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Streamboat to Freeboat: Mickey’s Public Domain Adventure
Student at Symbiosis Law School, Hyderabad, IndiaPages 3826 - 3836After being protected by copyright for almost a century, Mickey Mouse, or a version of it, hopped into the public domain in the United States on January 1, 2024. The legendary mouse first appeared in "Steamboat Willie and the silent rendition of Plane Crazy" in 1928, and as of New Year’s Day 2024, it could be seen in the public domain. While previous years have seen considerable entries to the public domain, the excitement around Mickey's arrival was unprecedented. What set this event apart wasn't just Mickey's status as a well-known copyrighted figure. While other famous personalities, such as Sherlock Holmes and Winnie the Pooh, had received a bit of spotlight, Mickey's situation drew particularly a lot of attention. The attraction originated from the convoluted 95-year-old three-way relationship that involved Mickey, Disney, and the Public Domain, a chronicle as fascinating as any Disney story. Their connection exemplified the unclear dynamics captured in the phrase "it's complicated," which is similar to contemporary dramas. Therefore, the question arises: What exactly does Micky’s Streamboat Willie version entering the public domain mean? There is a lot of misinformation floating around online about these topics. My purpose for the following research paper is to provide a clear explanation. What activities can be carried out using Mickey starting this year; 2024? How will this change affect Disney? Does Disney continue to own the copyrights to subsequent editions of Mickey? On top of that, is trademark law applicable to this scenario?705 views -
Tracing the Evolution of Urban Development: From Historical Precedents to Contemporary Practices
Student at Amity Law School, Noida, IndiaPages 3837 - 3850Sustainable urban development represents a fundamental shift in urban planning paradigms, aiming to reconcile the complex interplay between human activities, environmental integrity, and social equity within urban contexts. This research paper endeavors to elucidate the historical origins, evolutionary trajectory, and contemporary practices of sustainable urban development. By examining the historical precedents of urban planning, the industrial revolution's impact, and the modern-day imperative for sustainability, this paper aims to provide a comprehensive understanding of the multifaceted nature of sustainable urban development. The paper begins by exploring the origins of sustainable urban development in ancient civilizations such as Mesopotamia, where rudimentary systems of waste management and resource allocation laid the groundwork for sustainable urban living. Subsequent epochs, including the Greco-Roman era and the Middle Ages, witnessed diverse approaches to urban planning, with notable examples including the gridiron layouts of ancient Rome and the intricate water management systems of the Khmer Empire. These historical precedents underscore the enduring quest for balance between human needs and environmental sustainability. The industrial revolution marked a pivotal juncture in urban development, characterized by rapid urbanization, industrialization, and unprecedented environmental degradation. However, it also catalysed the emergence of urban reform movements and visionary thinkers who advocated for sustainable urban models. Concepts such as garden cities, proposed by Ebenezer Howard, and the interconnectedness of urban ecosystems, articulated by Patrick Geddes, laid the groundwork for modern sustainability principles in urban planning. The twentieth century witnessed the consolidation of sustainability as a guiding principle in urban planning, spurred by seminal events such as the Stockholm Conference on the Human Environment in 1972 and the publication of influential texts like "The Limits to Growth" by Meadows et al. Contemporary practices of sustainable urban development encompass a diverse array of strategies, including green infrastructure, transit-oriented development, mixed land use zoning, and participatory governance. Moreover, the advent of digital technologies and data-driven approaches is revolutionizing urban planning, offering new tools to optimize resource utilization, enhance resilience, and foster community engagement. Case studies of cities around the world, from Copenhagen to Curitiba, exemplify the diverse approaches and innovative solutions employed to promote sustainable urban development. In conclusion, sustainable urban development represents a dynamic and evolving field that draws upon historical precedents, responds to contemporary challenges, and embraces innovative practices. By learning from the past, engaging with present-day imperatives, and envisioning future possibilities, urban planners and policymakers can chart a course towards cities that are equitable, resilient, and in harmony with the natural world.1,133 views -
Pages 3851 - 3867The objective of this article is to evaluate the role of the judiciary in the development of prisoner rights and reforms in India, and more specifically, how the Indian Constitution has led to important advances in this domain. The introduction is followed by a history of the legal status of prisoners in India before the adoption of the Constitution, an outline of key constitutional clauses that relate to prisoners’ rights, important Supreme Court rulings and contemporary problems related to the Indian justice system. Finally, the study offers recommendations on how to improve court engagement in this arena; including on improving compliance with judicial directives, increasing the provision and operation of alternative dispute resolution mechanisms, and giving greater priority to the rehabilitation and reintegration of prisoners in the Indian prison system. The results highlight the importance of regular judicial engagement to address persistent problems in the Indian prison system and to ensure that the constitutional protections of prisoners are rightly implemented and maintained. What are the prospects for reforms and prisoners’ rights in India? The need for those in power and those like us to come together to embrace the principles of justice, equality and the rule of law and build them into the future of our country.612 views
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Federalism is a mechanism as well as a political system wherein powers are divided between a central authority and regional or state governments. This system of government allows for a balance of power and promotes local autonomy while maintaining a unified nation. It provides a mechanism for states to make their own laws and policies, enabling experimentation and innovation at the local level. Federalism allows for diversity and cultural pluralism within a nation, giving different regions the flexibility to preserve and promote their own traditions, customs, and languages. This research provides a concise overview of a study on the judicial lens on federalism, specifically focusing on the Supreme Court of India. The objective of this study is to explore how the Supreme Court of India has interpreted and applied federalism principles in its jurisprudence. The paper also finds that the Supreme Court of India has played a pivotal role in shaping the federal structure of the country. The Court has emphasized the principles of cooperative federalism, while also safeguarding the constitutional autonomy of states within the framework of a strong central government. It has consistently upheld the concept of federalism as a basic feature of the Indian Constitution, ensuring a delicate balance between the interests of the center and the states. Furthermore, the study uncovers that the Supreme Court’s decisions have had a significant impact on the federal dynamics between the central government and the states. The Court has acted as a check on excessive centralization, striking down laws and actions that encroach upon the powers of the states. Through its expansive interpretation of fundamental rights and principles of distributive justice, the Court has also played a crucial role in addressing the concerns of marginalized communities and promoting social justice within the federal structure.1,057 views
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Liquidated Damages, Limitation & Arbitration: Examining their Interplay in Contractual Disputes
Advocate, Arbitrator and Mediator at Delhi High Court, IndiaPages 3878 - 3884This article delves into the relationship between liquidated damages, limitation, and arbitration in contractual disputes. It begins by explaining the concept of liquidated damages, highlighting their role in compensating parties for losses incurred due to contract breaches. Section 74 of the Indian Contract Act forms the legal basis for liquidated damages, distinguishing them from penalties. The article discusses relevant case laws, including judgments from the Supreme Court and various High Courts, to elucidate the criteria for categorizing liquidated damages and penalties. Furthermore, the article explores the dispensation of proof of actual loss in claims for liquidated damages, citing Section 74’s provision and judicial precedents. It discusses scenarios, such as public utility contracts, where proof of loss may be impractical, thus necessitating compensation based on pre-estimated damages. Shifting focus to limitation periods in arbitration agreements, the article explores the application of Article 137 of the Limitation Act and the concept of the "breaking point" in determining the accrual of the cause of action. It attempts to highlight the significance of adhering to statutory limitations and the inability to extend these periods through negotiations or correspondence. In conclusion, this article attempts to provide a better understanding of the concept of liquidated damages and law governing it, at the same time, focussing on factors such as period of limitation which affect the claims for liquidated damages with special focus on arbitration agreements.984 views -
Space Debris and its Effect on Environment: A Critical Analysis
Assistant Professor at KLE Law College Navi Mumbai, IndiaPages 3885 - 3890Due to man's expanding presence in space over the past 50 years and the fact that modern society heavily depends on the technology orbiting the globe, there is a possibility that human exploitation of space may be jeopardized. Although the activities carried out in outer space has not created any major International disputes till date, the growth in the outer space activities has given rise to pertinent legal lacunas in the field of space law. This paper aims to consider space debris from the perspectives of mitigation and remediation and whether the issue of space debris are adequately addressed by the current regulatory framework. Are the recommendations for debris mitigation considered to be a Rule of Customary International Law and is it possible to apply customary principles of international law to the environment of outer space.743 views -
Pages 3891 - 3906By exploring how India’s criminal justice system came to be what it is in the aftermath of statutory independence, this article charts the many pathways along which the country’s criminal law slowly came to be infused with indigenous legal principles and values, the challenges it has faced along the way, and the fractures that have emerged as a result. Beginning with a historical analysis of the formation of the IPC, and delving into its distinctive colonial legacy, the piece then traces the forms of post-independence continuity and early reforms, before delving into India’s initial ‘Indianization’ movement, exploring these through legislative amendments, the role of the judiciary and charting some of the key challenges to legal education and practice in the country until now. These include case studies, which highlight and illuminate more recent cases in which vertical entryism appears to have occurred, as well as others in which this has failed. The piece concludes by discussing how this kind of vertical entryism has informed a recent move towards a new code through the Bhartiya Nyaya Sanhita (BNS) (2023), one that promises to be a dramatic departure from its predecessors and the legacy of colonial governance in the subcontinent, in pursuit of truly modernism. Here, by juxtaposing IPC and BNS, the article shows how the latter manages to maintain the essence of many offences, focusing particularly on offences against property, offences affecting the human body, new specific offences, mob lynching and offences that have no equivalents in the IPC. It also considers the deletion of an offence and operates as a deterrent for others, such as what happens to the sedition offence and whether there is a risk of overlaps and even compulsions between the BNS and the Unlawful Activities (Prevention) Act (UAPA).719 views
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Pages 3907 - 3916The doctrine of pleasure has a profound impact on parliamentary oversight in both india and in the United Kingdom. The article explores the historical context , impact, criticisms , and potential reforms associated with this doctrine . In India, the doctrine allows for swift action against underperforming or no -compliant officials , while the potential for political influence and the lack of clear, codified safeguards remain points of discussion for those seeking a more robust framework for civil servant rights. While codified reforms are less prominent , calls for a clearer framework for exercising the royal prerogative and a prominent role parliamentary supervision in dismissals are emerging , Considering the criticisms and challenges associated with the doctrine , reforms and alternatives are being explored to address the challenges and ensure transparency , accountability, and the independence of the civil service . By striking a balance between efficient government and robust oversight, the future of parliamentary surveillance can be strengthened , ensuring the effective functioning of democratic governments.669 views
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Pages 3917 - 3937The National Intellectual Property Rights Policy seeks to reinforce the IPR framework in the country that will create public awareness about economic, social and cultural benefits of IPRs among all sections of the society, stimulate IPR generation and commercialization, modernize and strengthen service-oriented IPR administration as also the enforcement and adjudicatory mechanisms for combating IPR infringements. The Department of Industrial Policy and Promotion (DIPP) has been nominated as the nodal department for nurturing Intellectual Property Rights in the country. The topic of digital content piracy is one that has garnered the attention of academics, those who influence policy decisions and the general public because of its complexity and contentious nature. The introductory section of the paper will provide a comprehensive definition of digital content piracy, along with a detailed overview of its historical evolution and progression. Subsequently, the study will examine the diverse range of factors, including but not limited to economic, technological, and cultural aspects, that contribute to the phenomenon of digital content piracy. Furthermore, the present study aims to analyse diverse approaches that have been employed to address the issue of digital content piracy. The aforementioned tactics encompass legal remedies, technological innovations and alternative commercial frameworks. Each of the legislative enactments and amendments reflects India's commitment to strengthening its intellectual property regime, promoting innovation, protecting intellectual property rights, and fostering economic growth and development. The evolution from the Indian Patent Act of 1856 to the recent amendment in The Design Amendment Rules 2021 represents a comprehensive modernization and alignment of India's intellectual property laws with international best practices and emerging challenges.662 views
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Cyberspace and Intellectual Property: Evaluating Legal Frameworks through the Lens of Space Transition Theory
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science (SIMATS) Chennai, IndiaPages 3938 - 3947In the digital age, ensuring the protection of Intellectual Property Rights (IPR) in cyberspace presents intricate challenges. This study meticulously examines the legislative frameworks governing IPR in India, including the Information Technology Act 2000, Copyright Act 1957, and Trade Mark Act 1999, to evaluate their efficacy in mitigating online IPR infringements. Through thorough doctrinal analysis, it pinpoints significant gaps and deficiencies within India's legal system, emphasizing the imperative for adaptive reforms to navigate the dynamic digital terrain. Furthermore, the research explores the nuanced interplay between IPR and cyberspace, dissecting the myriad forms of online IPR and their ramifications for digital ecosystems. By incorporating insights from Jai Shankar's Space Transition Theory, the study provides valuable perspectives on the evolution of legal frameworks in digital domains, underscoring the necessity for agile and responsive legal architectures. Drawing from global experiences, this paper contributes to the discourse on safeguarding intellectual property rights in the digital sphere, offering actionable insights for policymakers, legal practitioners, and stakeholders. Ultimately, the findings of this research serve as a cornerstone for fortifying IPR protection in India and inform international dialogues on collaborative strategies and best practices in addressing cyber-related IPR challenges.821 views -
Pages 3948 - 3954To comprehend the idea of Dharma, we really want to initially understand what that word implies. Despite the fact that there is no exacting interpretation of "Dharma" in English, many individuals use it in various settings. One of the most well-known implications of Dharma is "obligation". Contingent upon different settings and strict undertones, Dharma frequently expects various implications. For instance, Buddhists allude to Dharma as an infinite regulation, while Jains and Sikhs use it to mean strict ways. As per Hindu statute, Dharma implies obligation in different settings. This could mean either strict obligations or even friendly, lawful and profound obligations. Certain individuals likewise utilize the word to mean uprightness, which gives it a moralistic understanding. In absolutely legitimate terms, certain individuals allude to the idea of equity as Dharma. A few old Hindu texts characterize Dharma and ideas like regulation, equity, and religion reciprocally. Consequently, there seems, by all accounts, to be no differentiation among Dharma and regulation overall. In any case, we should comprehend that Dharma has a strict and moralistic premise too. The earliest notice of "Dharma" happens in Vedic texts like the Apparatus Veda to mean the groundwork of the universe. These strict texts asserted that God made life utilizing by instilling standards of Dharma into every living animal. In this way, salvation (or "moksha") is the timeless Dharma for people as per Hinduism. Later Hindu texts like the Upanishads enormously refined the idea of Dharma and made it more moralistic. Since this was the time span when country states began developing, Dharma accomplished a legalistic meaning. Hindu legitimate codes like Manusmriti utilized Dharma to mean strict and lawful obligations of individuals. As such, Dharma turned into a prescriptive idea as it depicted what individuals ought to or shouldn't do. This understanding of Dharma proceeded and its follows exist even in present day Hindu regulations. Indeed, even Hindu stories like Ramayan and Mahabharat allude to Dharma. They say that playing out one's Dharma is a definitive point of each and every person. Since the primary capability of a ruler is to maintain Dharma, these texts frequently allude to verifiable figures as "Dharmaraja". Subsequently, we can see that Dharma as an idea arose and was refined from numerous strict Hindu texts. Its importance and extension extended with opportunity until it came to be related with the standards of regulation and equity. This is precisely the way that we figure out Dharma today.1,672 views
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Pages 3955 - 3965Food adulteration laws in India and their socioeconomic implications constitute a critical area of concern given their direct impact on public health and consumer welfare. This abstract offers a concise examination of the regulatory framework governing food adulteration in India, alongside an analysis of its socioeconomic ramifications. The prevalence of food adulteration in India underscores the urgent need for robust legislative measures to safeguard the integrity and safety of the food supply chain. While the Food Safety and Standards Act (FSSA) of 2006 serves as the primary legislation governing food safety, its enforcement mechanisms and efficacy in curbing adulteration remain subject to scrutiny. Several socioeconomic implications arise from the inadequate enforcement of food adulteration laws in India. Firstly, compromised food quality poses significant risks to public health, leading to an increase in foodborne illnesses and related healthcare costs. Vulnerable populations, such as low-income households, are disproportionately affected by adulterated food, exacerbating socioeconomic disparities. Furthermore, the erosion of consumer confidence due to rampant food adulteration undermines trust in the food industry and hampers economic growth. The prevalence of adulterated food products also has detrimental effects on agricultural producers and legitimate food businesses, as they struggle to compete with unscrupulous actors engaging in adulteration practices. Addressing the socioeconomic implications of food adulteration necessitates a multifaceted approach, including stringent enforcement of existing laws, enhanced surveillance and testing mechanisms, public awareness campaigns, and capacity-building initiatives for food inspectors. By prioritizing food safety and strengthening regulatory oversight, India can mitigate the socioeconomic repercussions of food adulteration and ensure the well-being of its citizens. This paper provides a comprehensive examination of the regulatory framework governing food adulteration in India and analyzes its socioeconomic implications. By critically evaluating the efficacy of existing laws and their enforcement, this study aims to shed light on the multifaceted challenges posed by food adulteration and its broader socioeconomic ramifications.1,367 views
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Pages 3966 - 3973The paper is both multi-layered and fragmented as it dives into the complicated terrain of social equality, in which the principles of protective discrimination and affirmative action are the foundation stones of justice restoration and the building of a just society. The principle of equality is considered in this regard, an explicit recognition that special rights which are based on caste, religion, sex, region and ancestry should be done away with; and that all people can enhance their socio-economic status by merit and hard work without overlooking the need to harness people’s potential, no matter where they come from. On the other hand, that case of affirmative action, as a mechanism for safekeeping of the interests of the disadvantaged and underprivileged classes socially and economically, as a central point. Positive discrimination could be named as the crucial means for achieving social justice and equity. The main thread of the paper illuminates the role of affirmative action, through which the members of the ethnic minorities face unequal treatment in different spheres: education, employment and. It is concerned with the way this concept plays out in terms of the huge bubble of tough versus soft type of affirmative action, sticking the spotlight on the complexity of these policy forms. It argues for the refined conception of protective discrimination and the equal opportunities promotion raising the issue of national and social equality concern and the way the inclusive and fair development is promoted. It stresses on the qualities of rationality, ethics and more importantly, equitable policymaking to evaluate historical injustices dealt by the society, resulting in equality of opportunities for every single person of the society and the advancement of principles of justice and equity.904 views
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“Personal data should not be stored in a form without the consent of the user or maybe another individual whose data is been stored that allows identification of data subjects beyond what is necessary and for the purpose of the data being processed. Personal data should also be processed in such a way that it is safeguarded, including against unauthorised and unlawful processing even by government let alone private entities. The confidentiality and integrity of data is also a major concern of these public and private sectors as well as accidental loss, destruction, or damage of the data.” In this article, we discuss how data is being used for different purposes with or without consent of the individuals. It also highlights the importance of monitoring and amending these policies and regulations in order to achieve the idea of personal data control. The security of data, here referred to as data protection, is said to be a reflection of privacy because it provides the assurance that data related to the privacy of the individuals are protected and secured. The very first requirement of such regulations was to hold someone accountable for using, abusing and misusing data. Whether we are talking about Indian scenario or global scenario, the accountability of the organisation and third parties is determined by these regulations. It is also determined through various means of punishment and sanction. This article also highlights the need for strict compliance with data protection principles by organisations and third parties today in a complex data-driven environment. The right to protection of personal data has strong connections with the right to privacy, and that personal data should be processed in a way that is lawful, fair and transparent to the data subject. Personal data should be accurate and kept up to date, and any inaccurate data should be erased or rectified as soon as possible.658 views