Issue Archive · Open Access
Volume VII – Issue IV / 2024
Articles · 179
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Same Sex Marriage: A Comparative Analysis
Student at Chennai Dr. Ambedkar Government Law College, Pudupakkam, IndiaPages 01 - 08Marriage has always been considered holy, whether sacrament or contract. It is an intrinsic union between two "individuals'. In most developed nations, marriage as a union between a man and a woman is gradually being replaced by the union between two persons or individuals irrespective of gender. A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. However, the Indian Law is ambiguous whether same-sex marriage is legal, and if made legal then what would be the marital rights and consequences. Homosexuality is usually seen as a western concept and accepting the same is challenging socially and legally. After the magnanimous judgment of decriminalising homosexuality, the next appropriate step seems the legalising of same-sex marriage. There are two pressing questions in this regard. Can same-sex marriage be made legal in personal laws? Should there be a new law altogether to govern the marital rights arising out of same-sex marriage? The word "sex" and anything related approximately to the said term is considered taboo. The various forms of human sexuality are seldom discussed, let alone at the academic forefront. There is a need for additional research on the impact of equal marriage rights and same-sex marriage on the health and well-being of diverse sexual minorities across the globe. The introduction of same-sex marriage would not eliminate this discrimination against same-sex married couples, but it would remove the problem of ignorance, and remove one of the excuses for prejudice. It will not change at all the law applying to mixed-sex marriages, and is therefore a minor alteration compared to what has gone before. The sheding light of this paper deals with understanding human sexuality and the need for introducing and legalising same-sex marriage.2,280 views -
Essentials of a Contract of Sale
Student at Symbiosis Law School, IndiaPages 09 - 13The article is penned by Arshita Jain an affiliated student of Symbiosis Law School, Noida explaining the value of the contract of sale in carrying out any purchases amongst the buyer and the seller. These relationships can also be that of purchaser with the dealer, supplier, retailer, vendor or shop seller. When the buyer purchases any product with a bill receipt abiding by all the legal formalities and legal validities, one is said to enter a binding contract and can file a case against the seller in case of any defects in the item and their receipt of payment acts as a proof to the transaction. Similarly, the seller can sue the buyer in case the buyer is unable to complete the formalities of any sale.796 views -
Climate Change Justice through Climate Change Litigation
Ph.D. Scholar at Faculty of Law, Delhi University, IndiaPages 14 - 26Human rights are internationally recognised guarantees essential for survival and a meaningful life. These guarantees are being violated and threatened due climate change related harms. Since impact of climate change are felt disproportionately across nations, groups , people and communities, it also gives rise to issues of “equity and justice”. The Climate justice approach seeks to address this concern. The paper examines the issue of climate change through concept of ethics and justice , tracing the relation between human right and climate change the role that human rights can play to achieve it. It further explores role of climate change litigation, as a legal tool to secure and protect the human rights of people that are violated due to climate related harms.747 views -
The Competition Act of 2012 and Bangladesh Competition Commission: Challenges and Possible Solutions
Assistant Professor at Department of Law, Premier University, Chittagong, BangladeshPages 27 - 43Bangladesh enacted the Competition Act in 2012 to ensure consumers’ access to goods and services at a reasonable cost and affordable means providing that the producers in the market do not abuse their market power. It is hoped that the law will improve production and pricing efficiency, benefiting both consumers and producers. As the main regulative body under the said Act, the Bangladesh Competition Commission has been established in 2016 to deal with the implementation and adjudication under the Act. However, implementation and execution of competition laws have always been major challenges for Bangladesh and questions remain regarding how effective this law will actually prove to be. Several issues like ambiguous provisions, institutional capacity, power and role of the Bangladesh Competition Commission etc. put stress on the successful implementation of competition regime in this country. This article aims at the effectiveness of the Act and the Competition Commission, their challenges and possible solutions thereto.1,107 views -
Intellectual Property and Economy: A Bibliometric Analysis (1991 to 2024)
Assistant Professor at Graphic Era Hill University, Dehradun, IndiaPages 44 - 56Intellectual Property significantly contributes to the economy of the nations. As reported by Corrado and Hulten (2010) that the investment rate for tangible assets are higher in comparison to intangible assets through 1973 to 1994 and thereafter a drastic change has been seen wherein investment ratio of tangible to intangible get reversed post 1994 and this line of argument has been supported by Lev (2018) by showing that the investment rate into intangible assets are much higher than the tangible assets through 2007 to 2017. There are vast literature available world-wide which supports that there is positive relationship between Intellectual Property and Economy. Nevertheless, there is a dearth of literature on “Intellectual Property” AND “Economy” studied using bibliometric analysis. Therefore, this paper attempts to study the topic through utilizing bibliometric analysis that has been performed using the Web of Science (WoS) data from the year 1991 to 2024. The data collected has been analysed using the technological tools like VOSViewer and Microsoft Excel against the research questions carved out in the methodology section of this paper. The result analysis exposes wonderful insights into the trends of publications over the topic, most prolific authors and journals, discipline and subject types, affiliation and countries, key words networks and citation analysis. This study will guide the future researchers by given them a valuable insight over the already accomplished breath and length of study on “Intellectual Property” AND “Economy”.772 views -
Evaluation of Hybrid Models of ADR: Combination of Arbitration and Mediation
Corporate Counsel in IndiaPages 57 - 61Arbitration and Mediation are private dispute resolution processes. In the case of Arbitration, an independent Adjudicator known as an Arbitrator is appointed (the appointment may be of an individual Arbitrator or a panel of Arbitrators) in accordance with the provisions of the Arbitration Agreement between the Parties or by an Order of a Court. The Arbitrator, after hearing the parties at length and considering the evidence presented in the respective case, passes a legally binding Award. On the other hand, in the process of Mediation, the intermediary i.e. the Mediator facilitates an amicable settlement of disputes between the Parties. The outcome of the mediation process is not binding on the Parties to the dispute. Both the processes, i.e. Arbitration and Mediation are advantageous than litigation in terms of time consumed, costs incurred, the flexibility of procedure and the formalities and complexities involved. However, in comparison to each other, they have their set of advantages and disadvantages. The merits of Arbitration and drawbacks of Mediation are: Firstly, the procedure adopted by the Arbitral Tribunal is similar to that of a Court and hence it reflects judicial propriety whereas the Mediator does not follow any formal procedure and secondly, the Award passed in Arbitration is binding upon the Parties, whereas such is not the case in Mediation. The advantages of Mediation and disadvantages of Arbitration are as follows: Mediation is less expensive and time-consuming as compared to Arbitration, the procedure of Mediation is less complex than that of Arbitration and the Arbitration process becomes mandatory if there is an Arbitration Agreement whereas Mediation can be terminated by the Parties at their will at any point of time during the process. Therefore, to combine the merits of both these processes and to address the shortcomings in them, the hybrid models which include the advantages of both, Arbitration and Mediation have been gaining prominence. These hybrid models are frequently to settle commercial, labour, industrial disputes. These mechanisms benefit the Parties to the dispute by offering a more efficient procedure than the traditional ones of standalone Arbitration or Mediation.1,323 views -
Transcending Barriers: Advocating for Comprehensive Legal Recognition and Rights for Transgender Individuals
Student at Faculty of Law, Delhi University, IndiaPages 62 - 74Transgender rights and equality have emerged as crucial issues in the discourse of human rights globally, and India stands at the forefront of this ongoing struggle. Despite significant strides in legal recognition and social awareness, transgender individuals in India continue to face multifaceted challenges, including discrimination, violence, and systemic marginalization. This abstract delves into the landscape of transgender rights and equality in India, examining the progress made, persistent barriers, and the way forward. The legal framework surrounding transgender rights in India has witnessed notable developments in recent years. Supreme Court in 2014 recognized transgender persons as the third gender and affirmed their fundamental rights . Subsequently, the Transgender Persons (Protection of Rights) Act, 2019 aimed to safeguard their rights and provide avenues for legal recognition . Socially, transgender individuals in India grapple with deep-rooted stigmatization and exclusion. Discrimination in education, employment, healthcare, and housing perpetuates cycles of poverty and vulnerability within the community. Moreover, transgender persons face heightened risks of violence, including physical assault, sexual abuse, and harassment, often perpetrated with impunity. Efforts towards advancing transgender rights and equality in India require a multifaceted approach. First and foremost, there is a pressing need for robust implementation of existing legal provisions, accompanied by comprehensive awareness campaigns targeting both the general public and key stakeholders. Ultimately, achieving true equality for transgender individuals in India demands a concerted effort from government, civil society, and the broader community. By upholding the principles of dignity, equality, and non-discrimination, India can realize its vision of a society where all individuals, regardless of gender identity, can live free from prejudice and enjoy full participation in social, economic, and political life.809 views -
Pages 75 - 91Technological advancements, particularly in blockchain technology, have catalyzed a paradigm shift in the regulation of commercial contracts, prominently exemplified by smart contracts. This paper explores the transformative impact of smart contracts on contract law and regulatory frameworks. Beginning with an overview of smart contracts, defined as self-executing agreements operating on blockchain platforms, the study examines their operational mechanics and distinct advantages, including efficiency, transparency, and reduced transaction costs. However, concerns such as privacy risks and legal enforceability challenges are also addressed. This paper investigates the transformative impact of smart contracts on contract law and regulatory frameworks, driven by advancements in blockchain technology. Smart contracts, self-executing agreements on blockchain platforms, offer efficiency, transparency, and reduced transaction costs but also raise concerns about privacy and legal enforceability. Using a comparative case study approach, the study analyzes regulatory responses to smart contracts across jurisdictions. Countries like the United States and Singapore lead efforts in legal reform to integrate smart contracts into commercial law, while the European Union adopts a cautious approach balancing innovation with consumer protection. Additionally, the paper explores smart contracts under Islamic law, emphasizing principles like contractual consent and compliance with Shariah in digital transactions.2,483 views
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Analysing the Linkage between Evolving Nature of Globalization and Consumer Behaviour
Student at Lady Shri Ram College, Delhi University, IndiaPages 92 - 104This research paper aims to investigate deeply into the question of how globalization is changing consumption patterns and Consumer behaviour in particular. Is globalization inevitable & do it serves the interests of all in the society? Globalization is definitely having a deep impact on consumer’s choices worldwide as brand identity is playing an important role in defining an individual’s identity and social status. Globalization’s impact is unequal worldwide as still developing nations find it hard to assert them-selves vis-à-vis developed countries on the global platform. Globalisation has definitely increased the living standard of people as there are more choices available in the market. We need a cultural shift in our society and its values as globalization is not just about trading goods and services. It is also about sharing of values and cultures across the world. Ex- Yoga’s popularity worldwide is due to globalization of spiritual well-being of India. A product’s brand identity in a sense depicts an individual’s social status in the society and a little about his self and collective identity as for ex- During Diwali in India, all media groups and social activists urge the consumers to buy Indian based products and not Chinese based ones as buying indigenous products will add to the income of its own people and will boost nationalism among the masses. Therefore, consumer behaviour is affected by many factors and is determined by what kind of product a consumer needs, the level of involvement and the differences that exist within brands. Consumer behaviour is really critical and interesting to understand as analysing consumer behaviour can help businesses and firms in influencing purchasing habits of consumers.957 views -
IP and Development Concerns for India
Advocate at Mancheri Narayanan and Associates, IndiaPages 105 - 119This paper is dealing with how much investment is invested in Research and development before TRIPs and after TRIPs, here we are focusing on the pharmaceutical industries, looking into the differences in outcomes and also analyse the impact of this investment with the help of Schumpeter’s Theory. Analysing those with the help of data’s given shows that there is no high difference in spending on Research and Development before and after the TRIPs.746 views -
Harassment through Unwanted Phone Calls: A Comprehensive Study
Assistant Professor at Rizvi Law college, Bandra (W) Mumbai, IndiaPages 120 - 127Harassment through unwanted phone calls is a pervasive issue in the digital age, significantly impacting individuals' privacy and personal safety. This form of telecommunication abuse encompasses repeated and unsolicited calls that can cause considerable distress, anxiety, and fear. Victims often experience a sense of invasion of their personal space and disruption of their daily lives, leading to psychological and emotional consequences. The legal frameworks addressing unwanted phone call harassment vary by jurisdiction but generally include provisions aimed at protecting individuals from such intrusive behavior. These laws often classify unwanted phone calls as a form of stalking and an invasion of privacy, recognizing the severe impact they can have on victims. Legal measures may include restraining orders, fines, and imprisonment for perpetrators, along with support services for victims. This paper explores the nature of unwanted phone call harassment, detailing the various forms it can take and the psychological and social effects on victims. It delves into the existing legal protections available, analyzing their effectiveness and the challenges faced in enforcing these laws. Issues such as technological advancements that facilitate anonymity and the difficulty in tracking offenders are discussed. Furthermore, the paper suggests improvements to current legal frameworks and enforcement strategies to better safeguard individuals against this form of harassment. Recommendations include enhancing public awareness, improving technological tools for tracking and preventing harassment, and ensuring better support systems for victims. By addressing these areas, the paper aims to contribute to more effective prevention and protection measures against unwanted phone call harassment in the digital age.1,287 views -
Secularism and Religious Freedom in India: Navigating Recent Developments
PhD Scholar at KIIT School of Law, IndiaPages 128 - 144This research embarks on a comprehensive exploration of the historical evolution of secularism in India, aiming to unravel its nuanced facets and dynamics. The study endeavors to elucidate the meaning of essential religious practices, scrutinizing their significance within the broader framework of religious freedom. By undertaking a meticulous analysis of constitutional and legal provisions safeguarding religious freedom, the research seeks to provide a holistic understanding of the protective measures in place. Furthermore, the study critically evaluates recent challenges and threats to secularism, offering insights into the evolving landscape. A central focus is placed on navigating the intricate intersection between essential religious practices and the principles of secularism, shedding light on the delicate balance required for the preservation of religious freedom within a diverse and pluralistic society.848 views -
The National Green Tribunal Act of 2010 was enforced on June 2, 2010. The primary objective of enforcing the NGT Act 2010 is to establish the National Green Tribunal to ensure efficient and prompt resolution of cases related to environmental protection and forest conservation, and to provide compensation and relief for damages to affected parties. Following the implementation of the aforementioned Act, the national green tribunal was set up by the central government in 2010. It is responsible for handling Original Applications (OAs) filed against breaches of environmental regulations and appeals against decisions made by Authorities under the Water, Air, EP, and Biodiversity Acts, under Sections 15 and 16 of the Act, respectively. The NGT has the authority to establish its own procedures and is not restricted by the Civil Procedure Code or the rules of evidence under the Evidence Act. It possesses the powers of a Civil Court and its decisions hold the same weight as a civil court decree. Non-compliance with its orders is considered a punishable offense. The NGT operates based on the principles of sustainable development, the precautionary principle, and the polluter pays principle. It is expected to resolve cases promptly, ideally within a six-month timeframe. This research paper delves into the tribunal's efforts to effectively and swiftly resolve cases and also examines its suo moto power and the handling of letter petitions.754 views
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Critical Analysis of the Indian Evidence Act in Accordance with Bharatiya Sakshya Adhiniyam
Student at JIS University, Calcutta, IndiaPages 152 - 166On August 11th, 2023, the Home Minister, Sri. Amit Shah, introduced three bills: the Bharatiya Sakshya Adhiniyam, 2023, which aims to replace the Indian Evidence Act, 1872; the Bharatiya Nagarik Suraksha Sanhita, 2023, intended to supplant the CrPC; and the Bharatiya Nyaya Sanhita, 2023, aiming to replace the IPC. If these bills are approved, they have the potential to bring about a new era of Indian sovereignty by reforming the country's criminal law. Amit Shah's statement emphasizes that these bills will not only introduce changes but also incorporate the "Indian Spirit and Ethos," reflecting the cultural and ethical values of India. The focus on humanitarian values and ethics is a crucial aspect of these proposed reforms. It is important to note that the passage of these bills would require thorough debate and scrutiny in the Indian Parliament, and they would need to gain approval from both houses before becoming law. The objective seems to be a significant transformation in the Indian criminal justice system, aligning it more closely with the values and requirements of contemporary Indian society. As stated by Richard Garth, Chief Justice of Bengal in 1875, “The law of evidence is not merely a principle governing the process of proof; it also serves the purpose of governing the rules related to the process of proof in court proceedings.” The law of evidence and the right to present evidence before a court of law are fundamental in ensuring every citizen a fair trial or hearing, which is a component of Audi Alteram Partem as a Principle of Natural Justice.1,037 views -
Judicial Fairness and Party Autonomy in International Commercial Arbitration
Researcher at School of Law, Shanghai University of Finance and Economics, ChinaPages 167 - 193The principle of party autonomy is a fundamental aspect of the arbitration process, granting specific contractual liberties to the parties involved. Notwithstanding its perceived attractiveness as an unrestricted entitlement, the arbitration concept has encountered various exemptions that have significantly limited its applicability in international commercial arbitration. The present study employs doctrinal analysis and theoretical conceptualization to scrutinize the principle of party autonomy in international commercial arbitration. The study analyzes the degree to which specific exemptions to the principle of autonomy, such as those related to public policy and natural justice, have curtailed the application of the principle in real-world scenarios where autonomy conflicts with considerations of justice and delocalization. The present study investigates the impact of exceptions on party autonomy in two legal systems: the Common law system in England and the Republic of Nigeria. The study aims to determine how these exceptions have impeded party autonomy.725 views -
Pages 194 - 202In India, marriage is largely revered as a sacrosanct institution, albeit beneath this idealization and the glorification of marriage as a sacred bond lies the grim reality of marital rape and its victims who suffer in silence. Their agony is further aggravated by the legal exemptions under Section 63 of the Bhartiya Nyay Sanhita, 2023, which recently came into force and earlier under Section 375 of the Indian Penal Code, 1860. This paper endeavors to critically examine the legal, social, and human rights dimensions of marital rape in India. Despite recommendations by committees like the 172nd Law Commission Report and the Justice Verma Committee in 2012 to criminalize marital rape, India is yet to criminalize marital rape shielding husbands from prosecution based on exceptions formulated on archaic patriarchal values. Further, this paper analyzes and examines the persisting laws on rape in consonance with the constitutional mandate of the country particularly rights enshrined under Part III of the Constitution of India. Further, the paper indefatigably examines innumerable arguments against criminalization, including concerns predominantly over false accusations and marital stability. The paper subsequently counters these arguments by emphasizing the prevalence of marital rape and the urgent need for legal protection. Drawing on global human rights standards and India's constitutional principles, the paper asserts that criminalizing marital rape is not only a legal imperative but also a moral obligation to ensure justice and dignity for all women. In conclusion, the paper calls for legislative reform to align with international standards and uphold women's rights in India, thus advocating for facilitating equality, freedom, and bodily autonomy of married women. By criminalizing marital rape, India can mitigate the severe impact of sexual violence within marriages and affirm its commitment to gender equality and human rights.971 views
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An Analysis of the Legal Framework for the Protection of Plant Varieties and the Rights of Farmers in India
PhD Research Scholar at Department of Law, University of Calcutta, IndiaPages 203 - 216Rapid population expansion poses a huge threat to food security. Unplanned urbanisation contributes to the situation. It’s like a double-edged sword, cutting from both sides. The number of people that need to be fed is increasing, while agricultural lands are dwindling. It is becoming more complicated as more food needs to be produced each year on a limited area of agricultural land. New advanced plant varieties, particularly genetically engineered crops, hold enormous potential for food security. It is possible with contemporary plant breeding procedures, which take time, effort, and money. However, once these crops are available in the market, they are easily duplicated. Thus, IPR protection for breeders’ rights is critical. In addition to conserving new and advanced plant varieties, traditional varieties also require preservation. Without which biological diversity may become extinct. Farmers have freely shared, replanted, stored, and sold their seeds for centuries. This practice is the cornerstone of agricultural biodiversity and is critical to food security. Without farmers, there would be no food security. As a result, protecting farmers’ rights is essential. This article reviews the causes that led to the establishment of plant breeders’ and farmers’ rights, explores the ideas, traces their origins at the international level, and finally examines the Indian legal framework for plant variety protection and farmers’ rights.895 views -
Pages 217 - 229A Multinational Corporation (MNCs) is “an enterprise that engages in foreign direct investment and owns or controls value adding activities in more than one country” (Dunning 1993, 3). MNCs are the significant element on which countries economical and financial result depends. Legal framework for Indian MNCs and its growth directly impact on GDP and other economic factors of country. Indian MNCs get boost up from the international finance and from FDI which creates India in a dominating position due to largest market sector in a globe. The article highlights on trend of growth of foreign and Indian MNCs, the impact of increasing global industries, strategies to cope with the competition of the business world.1,116 views
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Quest For Women Empowerment in India: Lessons from the Past
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 230 - 240Utilizing data from numerous sources, the current paper strives to gauge the current situation regarding women’s empowerment in India through studying an assortment of indicators, including the potential of women to make decisions in their households, their financial self-determination, their freedom of movement, their political presence, their brushes with domestic harassment, media exposure, media acknowledgment, educational opportunities, and gender stereotypes that are not equitable, among other factors. Regardless of several attempts by the government, the survey shows that Indian women still have very less influence and a substantially lower status relative to that of males. In terms of occupation and educational opportunities, there is a gender disparity. Age, education, and work position all have a significant impact on a woman’s ability to make decisions in her home and her freedom of mobility. According to research, women’s acceptance of unfair gender stereotypes is still entrenched in society. For any reason whatsoever, almost half of the women adhere to the belief hitting your wife is permissible. Less women have an ultimate say in how they allocate their paychecks. The extent of control over one’s revenue rises with age, education, and domicile. In envy of men, women are also less conversant with the media, compared to urban women, domestic violence against rural women is more common. There is also a substantial gap between the sexes in participation in politics. The study’s conclusion notes that while job and educational opportunities are important for empowerment, achieving the aim inevitably hinges on the mindset of individuals towards gender equality.676 views -
What Went Wrong with WeWork?
Student at Jindal Global Law School, IndiaPages 241 - 247WeWork, Silicon Valley’s overly revered, supremely pampered and extensively lauded blue-eyed boy turned out not to be as ‘Revolutionary’ as earlier thought but in-fact emerged to be a catastrophic fiasco. It was the picture-perfect start-up, with a blissful amalgamation of party-like work culture, heavy cash investments, unbelievably high valuation, and a celebrity CEO; WeWork was said to be ‘The next big thing’ and was expected to soar above and beyond. However, the veil of falsity masking the company’s internal troubles was lifted to showcase its true nature driving the utopian unicorn bubble to burst, crashing its $47 billion dollar valuation to just $2.9 billion.937 views -
Custody over Child Inclined toward Mothers under Hindu Law
Student at School of Excellence in Law, Tamil Nadu Dr.Ambedkar Law University, IndiaPages 248 - 260In India, mothers are often more likely to gain custody of children following a divorce due to a combination of legal, cultural, and social factors. Legally, the Indian judiciary tends to prioritize the welfare and best interests of the child, frequently interpreting these as being best served under the care of the mother, especially for young children. This inclination is rooted in the "Tender Years Doctrine," which suggests that children under a certain age are better off with their mothers. Culturally, traditional Indian society views mothers as primary caregivers, reinforcing the belief that children naturally belong with their mothers. Additionally, societal norms and gender roles in India often position women as homemakers and men as breadwinners, further supporting the notion that mothers should take primary responsibility for childcare after divorce. While recent years have had some shifts towards more balanced and gender-neutral custody decisions, these deep-rooted perspectives continue to influence custody decisions, leading to mothers predominantly being awarded custody. This inclination reflects broader societal values and the enduring impact of traditional views on family and child-rearing in India. This article deals basis for granting, the basis for terminating such rights and about the current gender-neutral approach for granting custody.868 views -
Necessity of Legislation on Protection for the Victims of Crime in Bangladesh
Assistant Professor in Law at Premier University, Chattogram, BangladeshPages 261 - 276Despite these groups' piecemeal and passive statutory recognition, victims' meaningful access to criminal proceedings is not sufficiently protected. When special protection measures are not in place, victims of may feel especially vulnerable and hesitant to pursue justice. Survivors experience social exclusion and isolation in addition to the unavoidable psychological trauma, which severely jeopardizes their personal and professional prospects and further lowers their self-esteem. The fair trial guarantee outlined in our constitution is centered on a number of procedural protections for the accused. Traditionally, the legal system of Bangladesh has not provided any rights or protections for victims. But recently, victims have come under the spotlight in a number of legal systems, and there is growing pressure for the criminal justice system to take into account the concerns of crime victims and provide them with access to and participation in criminal proceedings. However, current institutional and legal framework of Bangladesh for protecting victims is insufficient and poorly thought out. There isn't a single legislative framework that addresses every aspect of victim protection. The fragmented legislative approach is ineffective in giving crime victims the proper care and support. Therefore, it is imperative that comprehensive legislation be put in place to protect victims.772 views -
Pages 277 - 285The judiciary is the branch of government in charge of giving the law interpretation and context. It is the protector of democracy and the defender of the constitution. The Supreme Court sits at the head of an integrated system of courts serving both the Union and the states, as per the Indian constitution. The Supreme Court is at the summit of the pyramid, followed by the High courts, district courts, and lesser tribunals. This one integrated system can be visualized as a pyramid. The Supreme Court is in charge of the entire system and has authority over how other courts are run in addition to supervising them. There is only one civil and criminal system in place throughout the nation, and no distinct laws exist. Any case from the subordinate courts may be appealed to the High Court and, eventually, the Supreme Court.852 views
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Illegal Trade of Endangered Species
Graduated from The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai, IndiaPages 286 - 297International trade possibly covers every field of business. One of the branches which fall under the umbrella of global trade is environmental aspect, under which trade of wildlife is the emerging trend as it gives huge profit. Wildlife trade can be legal as well as illegal. Trade in wildlife species also includes the trade of the endangered species. Illegal trade is the one factor which devastating the wildlife and putting the ecosystem at risk. The increase in trade of endangered species, there is an increase in risk of environment and ecosystem on the whole getting affected. Prevention of the survival of endangered species is necessary in order to protect the biodiversity. Illicitly removing one species from the chain of ecosystem will affect the other species which depends on it. There is an high demand of endangered species products which results in increase in the trade of those species which automatically affects the existence of the endangered species at large. The illegal trade of the animals that are prone to extinction will result in the exploitation of those species which indirectly or directly affects the environment. Many laws and Conventions has been implemented for protecting the endangered species. Here we are going to discuss the overview of the illegal trade of endangered species.558 views -
Pages 298 - 308Since ancient times, polygamy has been a common social custom. At first, it was common among the wealthy, as emperors, kings, and nobles had more than one wife. In due course, the scriptures and sacred texts also mentioned the practice of polygamy. This tradition was followed by the majority of nations, but it is still in use in Islamic nations today. In India nowadays, polygamy is totally outlawed. Sections 494 and 495 of the Penal Code, 1860, were also passed in order to lessen the effects of polygamy in addition to outlawing this practice of polygamy in India, the Hindu Marriage Act Bill was drafted in 1955. All Hindus are subject to this regulation, which forbids marrying another woman while the previous wife is still living while the Muslims are allowed to practice bigamy/polygamy as per there personal law i.e., Shariat Act 1937. These papers talk about the legality of polygamy in context of Indian law as well as personal laws applicable in India.2,029 views
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Correctional Institutions as a Criminogenic Factor in the Perspective of Abolitionism based on Laurence Meir Friedman’s Legal Culture Theory
Student at Faculty of Law, Slamet Riyadi University, IndonesiaPages 309 - 320The cycle of legal culture in the criminal justice system, especially in imprisonment, has become a criminogenic factor. Prison is considered not as a solution to the problem of crime, but as The Graduate School of Crime. This is based on the notion of abolitionism that views the criminal justice system as a structural defect and the form of imprisonment as a form of social problem, so that an alternative punishment is needed. Short imprisonment such as 1 - 6 months will be too short for rehabilitation, too long for corruption, where short imprisonment will lead to large fraud, this is due to the influence of social interaction in the prison. Some alternatives of fines, supervision punishment, social work punishment, prevention and execution of punishment at night because the use of fines tends to be more effectively used because it can provide additional income for the state unlike imprisonment which pressures the state treasury. This discussion is elaborated using the content of Laurence Meir Friedman Theory which discusses related to legal substance, legal structure and legal culture.685 views -
Racial Injustice and Systematic Discrimination in South Africa during the Apartheid Era that Lasted for more than Four Decades
Student at Faculty of Law, Slamet Riyadi University, IndonesiaPages 321 - 329For four decades, South Africa experienced human rights violations related to the apartheid policy implemented in the country. This policy separated the races and resulted in systematic discrimination against black people. Human rights violations that occurred during this period included political repression, violence, discrimination in education, housing, and access to adequate health services. Apartheid policies in South Africa have caused deep suffering for many people and given rise to widespread injustice in society. Although this policy was officially abolished in 1994, its impact is still felt today and efforts to repair the damage caused by apartheid continue. Human rights violations during the apartheid period in South Africa reflected systemic injustices that damaged and caused suffering for many people. Remedial measures and justice continue to be needed to ensure that past mistakes are not repeated and to build a society that is inclusive and fair for all its citizens.1,064 views -
Pages 330 - 339Abortion laws in India have evolved significantly since their inception. This paper provides a comprehensive analysis of the legal framework regulating abortion in the country. Additionally, the authors address the inconsistency between individual autonomy over one's body and the selective privileging of certain pregnancy sub-classifications permitted by current Indian abortion laws. The Medical Termination of Pregnancy Act of 1971 was enacted when such laws were largely absent in most other countries. It represented a major breakthrough, especially given that prenatal sex determination and female foeticide were illegal at the time due to India’s cultural preference for male fetuses over female fetuses. The study also explores the scope and justification of state intervention as parens patriae to protect the health of both the mother and the embryo in the context of abortion.739 views
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Cyber Defamation in Bangladesh Evaluating the Legal Regime of Bangladesh through the Lens of International Law Perspective
Student at North South University, BangladeshPages 340 - 362Cyber defamation is an offence which is performed on internet or in virtual world. Cyber defamation refers to defamation that is done through technology such as computers or the Internet, such as when someone posts false information about another person on a website. In today’s modern era, there are increase amount in commitment of crimes through cyberspace. Bangladesh is no exception to that. Cyber defamation is a regular incident in Bangladesh’s cyberspace network. People often become victims of cyber defamatory incidents which is unwanted. The prevailing laws which deal with cyber defamation are not efficient enough. Moreover, the scenario on access to justice in case of cyber defamation is not like that of regular crimes. Besides, cyber defamation laws are often abused. As a result, the issue of preventing cybercrime, particularly cyber defamation, must receive the attention of its merits, and a substantial portion of aid must be set aside to address this problem. In addition to making appropriate recommendations, this study aims to identify Bangladesh's cyber defamation prevention regulations considering international law perspective.1,167 views -
From Trolling to Trafficking: The Spectrum of Cyber Crimes against Women in India
Associate Professor at Sultan Ul Uloom College of Law, Hyderabad, IndiaPages 363 - 370In India, the internet's transformative impact has brought both opportunities and challenges, particularly for women who face a spectrum of cyber crimes. This article explores the multifaceted nature of these crimes, from online harassment and cyberstalking to more severe forms of exploitation and trafficking. Online harassment, often perpetrated by anonymous trolls, inflicts significant psychological harm on women, leading to anxiety, depression, and social withdrawal. Cyber stalking further exacerbates the threat, with perpetrators exploiting digital platforms to monitor and intimidate their victims, often resulting in offline violence and privacy breaches. At the extreme end, trafficking networks leverage the internet to exploit vulnerable women and girls, using deception and coercion for sexual exploitation and forced labor. The article emphasizes the urgent need for comprehensive solutions, including legal reforms to address specific cyber crimes, enhancing digital literacy to empower women, and fostering collaborations between government, civil society, and tech companies. Public awareness and gender-sensitive policies are crucial for shifting societal attitudes and supporting survivors. By addressing the intersection of gender, technology, and legal frameworks, we can create a secure online environment where women can thrive without fear of exploitation or violence. This multifaceted approach aims to ensure the internet serves as a tool for empowerment, equality, and justice for all, highlighting the importance of safeguarding women's rights in the digital age. The references cited provide a foundation for understanding these challenges and suggest avenues for policy reform, advocacy, and intervention.668 views -
Pages 371 - 378Most crimes are driven by financial gain, and money laundering is the process criminals use to obscure the illicit origins of their wealth and safeguard their assets from law enforcement. This process allows criminals to give the appearance that their expenditures come from legitimate sources. Both criminals and terrorists use money laundering techniques, though terrorists focus more on hiding the destination and purpose of the funds rather than the source. By employing strategies similar to those used by criminal money launderers, terrorists can finance their activities discreetly. The ability to identify the origin of illicit funds and the individuals involved is crucial in preventing and detecting money laundering. Intelligence and investigative tools are effective in uncovering and disrupting the activities of both criminals and terrorists. Financial institutions, which rely heavily on their reputation for integrity, must avoid any association with money laundering, as it can severely damage their credibility and drive away legitimate business. Money laundering can transform international financial centers into havens for "dirty money," attracting short-term growth while deterring stable, long-term foreign direct investment that supports sustainable development. This practice can destabilize a country's economy by affecting cash demand, making interest and exchange rates more volatile, and increasing inflation, particularly in regions where criminal groups are active. Furthermore, money laundering facilitates corruption and organized crime, enabling corrupt public officials to conceal bribes, kickbacks, public funds, and occasionally foreign development assistance. Organized criminal organizations launder the proceeds from drug trafficking and commodity smuggling, while terrorist groups use these networks to fund the purchase of weapons. Allowing such activities to persist can have severe social consequences. One of the most effective ways to combat these groups is by seizing the proceeds of their crimes. Globalization has allowed criminals to move funds across international borders rapidly, but the international community has become increasingly aware of the threats posed by money laundering . Consequently, governments worldwide have committed to taking action, with support from the UN and other international organizations dedicated to assisting in this effort.661 views
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Integrated Approaches to Environmental Management: A Comprehensive Review of Strategies
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 379 - 394Environmental management and its relationship to human growth are both going through major changes right now. Although the idea of “sustainable development” is being discussed more and more in society, but there is still a great deal of confusion about what it is and how to attain it. Diverse beliefs about how people and nature interact are embedded in these altering tactics. There is a need to take this into consideration that environmental management initiatives at all levels, ranging from private initiatives to government-led programs on a national and worldwide basis are taking place to tackle down such challenges. It is evident that addressing environmental challenges requires a multi-faceted approach, where individuals play a pivotal role through their everyday choices and behaviors, while at the national level too governments are beginning to understand the need of eco-friendly legislation, green technologies, and sustainable practices. The paper explores various dimensions of how the progression of environmental management taking into place through integrated approach. This paper revolves around the comprehensive study of review of strategies for environmental management from ground level to global level.650 views -
Execution Algorithm for Iterative Bidding and Vickrey Auction-based Mechanisms for Construction of Real Estate and Transferable Development Rights Exchange
Pursuing Ph.D. from Kirit P. Mehta School of Law, NMIMS, IndiaPages 395 - 420This paper presents an innovative execution algorithm for iterative bidding and Vickrey auction mechanisms in the Real Estate and Transferable Development Rights (TDR) exchange markets. By integrating economic principles, this model addresses the inefficiencies and speculative behaviors prevalent in traditional auction methods. The proposed algorithm enhances market transparency and efficiency by ensuring optimal resource allocation and aligning incentives for truthful bidding. The paper also discusses the regulatory frameworks, including government charges and FSI (Floor Space Index) calculations, that influence the TDR market. The results demonstrate the model's effectiveness in promoting sustainable urban development and reducing market disruptions. Future research directions include exploring the model's application in different regulatory environments and its long-term impact on market stability.518 views -
A Study on the Perspective of Young Individuals on Agriculture and Related Jobs and the Corresponding Indian Government Initiatives
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences, Chennai, IndiaPages 421 - 448India's economy relies heavily on agriculture, employing a considerable portion of its workforce. Rooted in a deep historical connection to farming practices, this sector significantly contributes to the nation's GDP. The views of young individuals regarding agriculture and related employment, along with their knowledge of relevant Indian government programs and opportunities, hold immense significance in shaping the trajectory of the agricultural sector. As agriculture undergoes transformation, grasping the attitudes and inclinations of the younger demographic towards agricultural professions becomes ever more essential for the sector's sustained growth and rejuvenation. Analyzing these perspectives and their compatibility with governmental efforts enables policymakers and stakeholders to craft precise approaches aimed at enticing, involving, and empowering young individuals in agricultural pursuits, thereby fortifying the sector's endurance and prosperity for the future. The research aims to study the perspective of young individuals on agriculture and related jobs and corresponding Indian government schemes. The descriptive study was conducted among individuals collected in and around Chennai. The findings indicate a requirement for increased awareness of agricultural schemes among individuals with higher levels of education and those residing in urban areas. Individuals employed in the private sector or self-employed are inclined towards agricultural and related occupations, with a significant influence from entrepreneurial opportunities.714 views -
Pages 449 - 461The barriers to employment for women have been significantly dismantled by the factors such as socio-economic changes, cultural shifts and legal reforms, which in turn have significantly evolved and increased women’s involvement in the workplace. Women are no longer confined to limited sectors, as was the case earlier; they can now be seen participating in all sectors, and even outnumbering men in a few. This has resulted in positive changes such as women’s empowerment, a reduction in gender disparity and securing financial independence for women. However, this positive change could be eclipsed if the workplaces are not safe for them. Workplace Harassment and Sexual Misconduct are issues plaguing the world globally, including India. Securing Women’s safety at the workplace is not a luxury but a fundamental right, essential for reaping the social, economic and cultural benefits of increased women’s participation in the workplace. This research paper attempts to explore the legal standards, employer responsibilities, and employee rights concerning workplace harassment and sexual misconduct in India.643 views
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A Study on Drug Abuse among Teenagers in Chennai
Student at Saveetha School of Law, IndiaPages 462 - 486"Substance over sanity" - This sobering reality underscores our study on teenage drug abuse and its correlation with criminal behavior in India. The research titled "High Risk, High Crime: Exploring the Nexus Between Teenage Drug Abuse and Criminal Behavior in Chennai" aims to investigate the causes behind teenagers' drug abuse and examine its correlation with criminal behavior, focusing on Chennai. Employing a descriptive research approach, data were collected from 200 Chennai residents through convenience sampling methods. The findings reveal a significant correlation between drug-addicted teenagers and criminal behavior, with 34% and 42.5% showing this relationship. Drug abuse transcends socioeconomic boundaries, affecting upper-class segments across urban, semi-urban, and rural areas, with urban areas emerging as pivotal environments where drug usage distinctly influences individuals. Psychological ramifications, societal stigmatization, and inadequate social support are prominent factors contributing to teenage drug abuse. Future perspectives include developing targeted intervention strategies for urban areas where drug abuse is more prevalent, implementing comprehensive support systems addressing psychological, social, and economic factors contributing to drug abuse, enhancing awareness programs focusing on the link between drug abuse and criminal behavior among teenagers, conducting further research on effective rehabilitation methods for drug-addicted teenagers involved in criminal activities, and advocating for policy reforms that prioritize treatment and rehabilitation over punitive measures for drug-addicted youth. This study highlights the urgent need for a multifaceted approach to address teenage drug abuse in Chennai and its connection to criminal behavior. By understanding and addressing the complex factors involved, we can work towards creating more effective prevention and intervention strategies, ultimately aiming to break the cycle of substance abuse and crime among youth.1,405 views -
Pages 487 - 493The central tenet of institutional theory is that markets cannot function without social institutions, such as the laws, social networks, cultural norms, and corporate practices that regulate transactions. Intercountry spaces are hampered by the absence of institutional frameworks governing economic transactions since these institutions are primarily founded and function inside national borders. This stands in stark contrast to pro-deregulatory arguments, which believe that market integrations can occur through the removal of existing restrictions as opposed to the enactment of new ones. My empirical research clearly demonstrates that adopting nations witness an increase in incoming cross-border mergers and acquisitions when antitrust laws and merger regulations are introduced. Antitrust laws encourage overseas acquisitions by notifying adopting nations that they support international standards for market-oriented reforms. By providing adopting firms with clarity on otherwise ambiguous legislation, merger control expedites foreign acquisitions.519 views
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A Study on Atheism and Periyar with special reference to Tamilnadu
Student at Saveetha School of Law, IndiaPages 494 - 515Atheism, an ideological stance rooted in philosophy, is defined by the absence or denial of belief in deities or gods. In contrast to theism, which affirms the existence of divine beings, atheists adopt a sceptical viewpoint, prioritising reason, empirical evidence, and critical thinking as the fundamental basis for comprehending the world. Emerging from a rich tapestry of ancient philosophical traditions and influenced by both historical and contemporary factors, atheism coexists harmoniously with various religious beliefs in India. Periyar's philosophy, centred around his atheistic beliefs, sought to confront social inequalities, caste-based discrimination, and religious orthodoxy. Periyar contended that superstitions stemming from religious beliefs hindered societal progress and functioned as tools of oppression. The ascent of the internet and social media has enabled the interchange of ideas, enabling atheists to connect, exchange information, and form communities beyond geographical limitations. This paper focuses mainly on the public perception of atheism and the relevance of Periyar's atheistic ideas in the contemporary context of Tamilnadu. The data was collected from 207 respondents in and around Chennai. The findings suggest that there is a need for awareness about atheism in rural areas while respondents in the rural areas are much aware about Periyar’s ideologies. Irrespective of residential status, awareness about atheism, the respondents are of the opinion that atheism and religion can coexist in the society. The results underscore the significance of recognizing the widespread prevalence of inclusivity and mutual respect for diverse worldviews within distinct residential communities.854 views -
Aerial Herbicide Spraying (Ecuador v. Colombia), 2013
Student at Department of Law, Mahindra University, IndiaPages 516 - 522The Aerial Herbicide Spraying in 2013 case was associated with Ecuador and Colombia; it distinguished the two countries’ relations as unfriendly. Provoked by Colombia's anti-drug aerial spraying which utilizes the spraying of herbicide over coca plantations along the border region between Colombia and Ecuador, the cross-border conflict raised critical concerns over the effects of herbicide drift on the environment and on people's health in Ecuador. Ecuador accused spraying as causing health problems to the nationals and the environment as well, taking the row to the international level and the Organization of American States (OAS). This case had the possibilities of resolving some very fundamental questions that concern the effects of environmental degradation, health complications, sovereignty, and diplomatic relations and yet the case was withdrawn from the International Court of Justice (ICJ) due to a settlement. This also contained a decision of a ‘no spray’ zone extending for a distance of 10km from the border of the two nations and a payment of $15 million which was to be made by the Colombian government to the government of Ecuador. Although the settlement stopped the ongoing controversy, the dismissal of the case from the ICJ failed to set a very crucial precedent in the international environmental law especially when dealing with transboundary pollution and the question of national security as a valid defense for violating environment and human rights. The case could have illuminated as to how much the environment could be damaged in international law and also the necessity of defense in relation to drug related violence. Therefore, the settlement’s practicality was useful for both nations, though more complex challenges remain concerning the principles of international law involving transboundary pollution.679 views -
Vicarious Liability under Indian Penal Code
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 523 - 530Vicarious liability, a critical concept in legal doctrine, pertains to the imposition of responsibility on one individual for the actions of another. Under the Indian Penal Code (IPC), this principle, though primarily associated with tort law, finds its relevance in specific statutory provisions and judicial interpretations. This abstract explores the nuanced application of vicarious liability within the IPC, focusing on its theoretical foundations, legislative framework, and significant judicial precedents. The IPC, while emphasising individual culpability, incorporates vicarious liability in contexts such as abetment, criminal conspiracy, and collective criminal acts. Section 149 IPC is a notable example, establishing liability for members of an unlawful assembly for offences committed in pursuit of their common objective. Similarly, Sections 34 and 120B IPC deal with acts performed by multiple persons with a common intention and criminal conspiracy, thereby assigning collective liability. Judicial interpretations have further shaped the contours of vicarious liability, particularly in relation to corporate entities and employer-employee relationships. The judiciary has examined the extent of accountability of directors or employers for the criminal acts of their subordinates, striving to balance individual responsibility with the need for effective deterrence. This abstract underscores the significance of vicarious liability within the IPC, highlighting its implications for corporate governance, employer-employee dynamics, and collective criminal behaviour. Through a critical analysis of statutory provisions and landmark judgments, this study sheds light on the evolving application of vicarious liability in the Indian criminal justice system.1,219 views -
Pages 531 - 549The classical market economy model as proposed by Adam Smith insisted on freedom of the agents and fairness of procedures as the natural order of business. In the contemporary scenario, digital revolution has created spaces and models of business which challenge the very foundation of free market economy i.e. freedom and fairness. Consumer trust is a pivotal component for thriving in service industries such as social media platforms. Social media business models in contemporary times trade personal information of users, knowingly or unknowingly, without an effective and informed consent and raise concerns for need and efficacy of evolving a framework for data privacy ethics. This research attempts a comprehensive understanding of how personal data monetization is violating user freedom and fairness. Ensuring user freedom to enable active decision making about her own data provides benchmarks for ethical service and upholds ethics in services. The research analyses pertinence of normative ethical theories and their application on driving issues of data privacy and transparency in perspective and considers how data privacy models can be improved to ensure rights of users and embed freedom and fairness in social media business models.534 views
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Pages 550 - 558The legal framework governing non-conviction-based (NCB) asset forfeiture has evolved significantly, offering a robust mechanism for the recovery of illicit assets without the necessity of a criminal conviction. This framework addresses critical governance issues within central banks (NCBs) and other related financial institutions, focusing on legal structures and enforcement mechanisms to ensure compliance and accountability. The Maastricht Treaty and subsequent regulations have established a foundation for the operations of the European System of Central Banks (ESCB), granting each NCB a separate legal personality and its own governance mechanisms. This setup ensures effective oversight and accountability within the financial system, particularly in the context of asset forfeiture related to corruption and other financial crimes. NCB asset forfeiture is designed to combat corruption by allowing the confiscation of assets derived from illegal activities even in the absence of a criminal conviction. This approach has been particularly relevant in jurisdictions like Indonesia, where traditional legal frameworks for asset recovery have proven insufficient. Legal instruments and policies have been developed to facilitate the implementation of NCB asset forfeiture, addressing both material and formal legal requirements. The legal basis for these mechanisms is often found in broader international frameworks, such as those advocated by the World Bank and the United Nations Convention against Corruption (UNCAC). One of the key challenges in implementing NCB asset forfeiture is balancing the need for effective enforcement with the protection of individual rights. Legal scholars argue that a well-defined legal framework is crucial to prevent potential abuses and ensure that forfeiture proceedings adhere to principles of due process and fairness. The enforcement mechanisms employed by NCBs involve a combination of legal and institutional measures, including the establishment of specialized agencies and the integration of forfeiture provisions into national laws. The effectiveness of NCB asset forfeiture depends on several factors, including the clarity of the legal framework, the capacity of enforcement agencies, and the degree of international cooperation. The European Central Bank (ECB) and other regional bodies have played a significant role in shaping these frameworks, providing guidance and support to national authorities. Additionally, legal developments in various jurisdictions have highlighted the importance of continuous legal reforms and capacity building to enhance the implementation of NCB asset forfeiture . In conclusion, the legal framework governing NCB asset forfeiture is a critical component of modern financial governance. It provides a powerful tool for recovering illicit assets and promoting transparency and accountability in the financial system. However, its success relies on a comprehensive legal structure, effective enforcement mechanisms, and a commitment to upholding the rule of law.669 views
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Pages 559 - 567The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a landmark legislation in India designed to safeguard children from sexual abuse and exploitation. One of the most distinctive features of the Act is its gender-neutral approach, departing from traditional legal norms that often classify sexual offenses based on gender. This paper delves into the significance of gender neutrality within the POCSO Act, highlighting its implications, challenges, and potential for reforming the discourse on child protection. The paper utilizes a comprehensive review of scholarly research and legal literature to analyse the impact of gender neutrality on child protection within the Indian legal framework. The Indian Penal Code of 1860 criminalises rape, wherein only men can be held liable for rape, and only women are recognized as potential victims. Conversely, laws concerning acid attacks are gender-neutral due to the use of the term ‘whoever’ in the relevant section, as stipulated by the Criminal Law Amendment Act of 2013. The paper further sheds light on the intricate legal landscape where these legislations coexist and aims to contribute to the ongoing discourse on harmonizing these legislative approaches for a more effective protection of children’s rights in cases of sexual offenses.1,149 views
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Uniform Civil Code and Application of New Criminal Laws in India: An Analysis
Student at School of Law, Brainware University, Barasat, India.Pages 568 - 581The presentation of a Uniform Civil Code (UCC) in India nearby unused criminal laws like the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam of 2023 points to modernize lawful methods, improve responsibility, and advance social agreement. Ordered by Article 44 of the Structure, the UCC endeavours to make a bound together lawful system independent of religion, cultivating correspondence and equity. Be that as it may, its usage requires adjusting consistency with regard for differing social standards and person rights. The Bhartiya Nyaya Sanhita looks for to assist trials and move forward responsibility, whereas the Bhartiya Nagarik Suraksha Sanhita points to reinforce citizen security measures. The BSB 2023 addresses deception and prove keenness in lawful procedures. Actualizing these laws beneath a UCC means a move towards harmonizing individual laws and building up common standards for civil and criminal things. In spite of its dynamic aim, concerns hold on with respect to devout opportunities and social independence. In this way, accomplishing the goals of Article 44 requires comprehensive policymaking and affectability to different societal viewpoints to guarantee an even-handed and comprehensive legitimate system in India.697 views -
Transformation of the Juvenile Justice System in India
Student at Xavier Law School of St. Xavier's University, Kolkata, IndiaPages 582 - 588The Juvenile Justice System in India has evolved rapidly over the years, bringing about significant changes in the legislations safeguarding the rights and well-being of juveniles. Initiating its long journey from The Children’s Act, 1960 to the recent amendments, namely The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Indian Juvenile Justice System has substantially ameliorated itself to adapt to the unique needs and challenges faced by juveniles. This evolution creates a balance between both punitive and reformative measures, emphasizing the reintegration of juveniles into society while keeping in mind the need to punish those who commit serious offenses. The Juvenile Justice (Care and Protection of Children) Act, 2000, which emphasized reformation rather than punishment, was deeply criticized because of cases like the Nirbhaya Case and the Shakti Mills Gang Rape Case. These cases showcased the need for reforms, leading to the enactment of The Juvenile Justice (Care and Protection of Children) Act, 2015, that allowed juveniles who committed heinous crimes to be tried as adults. Moreover, to keep up with the dynamic nature of the juvenile world, several amendments have been made to the pre-existing acts to reinforce them to serve juveniles better. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 is one such recent amendment made to The Juvenile Justice (Care and Protection of Children) Act, 2015. Additionally, this article highlights recent judicial interpretations and the impact of new criminal laws on the Juvenile Justice System. Thus, this article provides a deep insight into the evolution of the juvenile justice system in India and portrays the transformation that India has undergone over the years. It further highlights the challenges faced on its way and the methods implemented to overcome them.1,097 views -
International Convention on Liability and Compensation for Damage is Connection with The Carriage of Hazardous and Noxious Substances by Sea (HNS): An Analysis
Legal Counsel at IndiaPages 589 - 605The HNS Convention, 1996 establishes an international liability framework addressing damage caused by Hazardous and Noxious Substances (HNS) in the marine environment. Analysis of the 1996 Convention reveals procedural deficiencies within its liability regime, subsequently rectified through the enactment of the 2010 Protocol. The completion of these amendments underscores the imperative for state ratification, facilitating the convention's enforcement. Failure to implement this unified global regime risks the proliferation of disparate local legal frameworks governing HNS spill liability, potentially exacerbating logistical and legal complexities. Therefore, universal adoption of the convention is essential to ensure comprehensive and effective international regulation in this critical area. The HNS Convention introduces a two-tier strict liability system towards the ship owners and shippers. The convention provides a system to compensate the victims who have faced damages due to the HNS substances which were being carried by the sea vessels.838 views -
The world of entrepreneurship is brimming with creativity and innovation. However, amidst crafting the perfect brand name and logo, a crucial aspect often gets overlooked: trademark dilution. This concept, distinct from trademark infringement, poses a significant threat to new businesses, potentially eroding their brand identity and hindering future growth. This article delves into the intricacies of trademark dilution, specifically focusing on the risks it presents for budding entrepreneurs. We begin by unpacking the concept of trademark dilution itself. Unlike infringement, which involves the direct copying of a trademark, dilution weakens a well-known brand's distinctiveness through the unauthorized use of a similar mark. This can happen in two primary ways: blurring and tarnishment . Blurring occurs when a similar mark is used for unrelated goods or services, causing consumers to associate the original brand with a broader category, weakening its unique identity. Tarnishment, on the other hand, arises when a similar mark is used in a way that damages the reputation of the original brand, potentially leading to negative connotations. The article then explores the specific vulnerabilities new entrepreneurs face concerning trademark dilution. With limited brand recognition and resources, new businesses are particularly susceptible to the blurring effect. Imagine a new clothing brand named "Silver Sun" emerging in a market already saturated with established brands like "Sun Apparel" or "Golden Sunshine." The similarity in names might cause consumers to associate "Silver Sun" with the broader category of sun-themed clothing, hindering its ability to carve out a distinct space in the market . Furthermore, the digital age presents unique challenges. The ease of online brand creation can inadvertently lead to the unintentional use of marks that are confusingly similar to existing ones. Social media handles, domain names, and even product descriptions can all contribute to trademark dilution if not carefully considered. The article emphasizes the importance of proactive measures for new entrepreneurs to mitigate these risks. Conducting thorough trademark searches before finalizing a brand name and logo is paramount. This involves checking national and regional trademark databases to ensure the chosen mark isn't already in use or has a high likelihood of confusion with existing trademarks. Additionally, building a strong brand identity from the outset is crucial. Consistent messaging, high-quality products or services, and a focus on customer satisfaction all contribute to a brand's distinctiveness, making it less susceptible to dilution. In conclusion, understanding trademark dilution is essential for new entrepreneurs embarking on their business journeys. By being aware of the risks and taking proactive steps to protect their brand identity, new businesses can safeguard their future success and establish themselves as strong, recognizable players in their respective markets.569 views
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Pages 614 - 621Education helps the development of the society according to its ideals to mold the present generation which will have far reaching effect on the future generations. It aims at individual freedom, empowerment and self-reliance. Education is therefore considered as ‘Fundamental Right' across the globe and essential for the exercise of all human rights. Since India’s pre independence period there has been significant concern about the quality of education provided in the country, especially to the masses. The development of any country can never be possible without ensuring the spread of education among the masses. The dreams of the founding fathers of constitution to improve the quality of elementary education was conceptualized with the 86th Constitutional Amendment (2002) via Article 21 A (Part III) which seeks to make free and compulsory education as a fundamental right for all the children in the age group 6-14 years. The present research paper seeks to analyse the systematic development of right to education as a Fundamental Right in India and the legislative measures enacted by the Government for its effective implementation and the issues and challenges in their practical application. Further, the research paper provides probable solutions to address these issues.607 views
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Smart Resolutions: Leveraging Mediation for Smart Contract Disputes
Student at CHRIST (Deemed to be University), Bangalore, IndiaPages 622 - 628Mediation, as a cornerstone of alternative dispute resolution, continues to evolve in response to the complexities of the contemporary legal landscape. In the arena of legal dispute resolution, individuals and organizations seek the mechanism that would be flexible, informal and accessible enough to best serve their interests while consuming the least amount of time and money, which provides a robust underpinning for the growth of mediation as a method of dispute resolution. As the demand for effective and expeditious conflict resolution grows, the integration of innovative approaches into mediation processes becomes increasingly pivotal. This article throws light on the advent of blockchain technology-based Smart Contracts, while discussing the edge that mediation has in the disputes arising from smart contracts. The author also contemplates the growth potential for mediation in the present era, by contextualizing it with Online Dispute Resolution.622 views -
Development, Displacement, Tribal Communities’ Rights and Rehabilitation
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 629 - 641Development and destruction are two halves of a whole. As nations undertake various development activities for larger public purposes, the inevitable result of such mega development projects is the mass displacement of the people. People are forced to leave their homes in a development-driven form of forced migration which is known as Development-induced displacement and resettlement (DIDR). Historically, the development occurs in the form of construction of dams, mining, agriculture, the creation of military installations, airports, industrial plants, weapon testing grounds, railways, road developments etc. Although it is universally accepted that every human has a right to just and sustainable development, development processes as they are implemented, affect vulnerable groups in numerous ways. Primary among these groups are the tribals and scheduled castes. When displaced persons lose their connection to historical, religious, symbolic or spatial locations resulting from forced migration it causes psychological stress, helplessness and distrust towards their government and humanitarian groups and diminishes cultural identity. About fifteen million people each year are forced to leave their homes because of public and private development projects and that number keeps on increasing as countries move from developing to developed nations. Compensation and rehabilitation policies designed to mitigate effects of displacement are often unsuccessful. This is largely due to corruption of bureaucrats, undervaluation of resources, and lack of involvement of displaced persons in the planning process. Tribal community’s rights to life, health and dignity are trampled because of land alienation, loss of access and control over forests, enforced displacement due to development projects and lack of proper rehabilitation. The State's right of "eminent domain"—the power of a State to take private property for public use—needs to be balanced with people’s right to home and property. Proper measures have to be taken for the compensation, rehabilitation and resettlement of the displaced community. This research focuses, primarily, on how Development-induced displacement and resettlement (DIDR) occurs, Secondly, on the protection of tribal communities’ rights against arbitrary development processes and thirdly, on policies adopted by the Government regarding compensation, rehabilitation and resettlement. Throughout the paper emphasis is laid on how the State has to balance people’s right to just and sustainable development with people’s right to home and property.1,231 views -
Pages 642 - 651For the safety of investors, disclosure is a crucial component of initial public offerings, or IPOs. In their prospectus, companies launching initial public offerings (IPOs) are required to disclose all relevant information, including their financial status, business model, risks, and other pertinent details. Investors can use this information to make well-informed decisions about whether or not to invest in the firm. Regulations have been developed by regulatory organisations like SEBI to guarantee that businesses follow disclosure obligations and safeguard investors' interests. Before making an IPO investment, investors should carefully consider the facts in the prospectus and perform their due diligence. For transparency and confidence in the capital markets, information disclosed in initial public offerings (IPOs) is essential.529 views
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Pages 652 - 657In certain areas of international trade law, it may not be possible for a traditional global body to directly enforce shared worldwide standards and procedures (possibly due to a lack of sufficient political backing). The ICN experiment shows how a voluntary international network of agencies (with the help of invited experts) can work together on a trust-based basis through "soft law" actions in order to agree on useful outcomes that, in reality, lessen conflicts amongst regimes that are not (and, occasionally, should not be) harmonised. For many other areas of international trade law, standardising standards and procedures may be too much to ask for, but there are other elements of the ICN model that could serve as an inspiration. In these cases, it is argued, it is worthwhile to think about how to cultivate an epistemic community that includes not only agencies/enforcers but also carefully chosen experts from professional practice and academia. Compiling and disseminating pertinent research and reports ought to be a feasible initial step. The decades-long antitrust experience demonstrates the feasibility of establishing a mutually learning culture and a welcoming platform for discussion, both of which foster innovation.497 views
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The Indecent Representation of Women (Prohibition) Act, 1986: Role of Media
Student at Gitarattan International Business School Affiliated to Guru Gobind Singh Indraprastha University, Delhi, IndiaPages 658 - 667With the continuous change in society, there is also a constant change in the lifestyle of the people. Decency differs from person to person and from place to place. This paper will mainly talk about how the media is portraying women in an indecent way which harms their dignity. It is seen that media is playing a very vital role in development of the society but the merits, also comes the demerits of the same. Despite so many laws and provisions enforced in India to control the crime against women, still they tend to be insufficient to control them. This study will describe how various laws and provisions are keeping a check and preventing the indecent representation of women and are trying to control the same and punish the offenders.1,391 views -
Pages 668 - 671Although it is rarely used in criminal cases, mediation is a recognized and well-established method of resolving disputes that is typically used in civil cases. Nonetheless, it is a possibility in certain low-level criminal cases (particularly those that are compoundable), such as assault, wrongful imprisonment, harassment, molesting, cheating, adultery, etc. However, we cannot state that the use of mediation in criminal trials can always continue.533 views
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Medicine as a Social Institution and its Role in Population Well-Being
Student at Symbiosis Law School, Noida, IndiaPages 672 - 677The research work, in contention, delves into the topic of medicine as an important social institution. It additionally sheds light upon the profound impact medicine has in ensuring the well-being of the population and the impact of the same in transcending individual health in order to shape the norms and structures of the society. Furthermore, the research work discusses the role of medicine in enhancing longevity, emotional well-being and the overall quality of life. Moreover, it focuses in the advancements in healthcare technologies and its impact on the populace. In addition to this, the analysis discusses the interconnectedness of medicine with other social institutions like education. The complexities of increasing healthcare costs and the need to ensure adequate policies to regulate the same have been discussed. Through this comprehensive study of medicine as a social institution, an idea regarding the impact of the same upon the population and its role in shaping societal frameworks can be framed.747 views -
Beyond the Banks: A Look at the US and Indian Shadow Banking Industry
Student at UPES School of Law, Dehradun, IndiaPages 678 - 683Shadow banking, as defined by the Financial Stability Board, refers to credit intermediation activities conducted by entities that fall outside the traditional banking system. Although this sector has long been a part of the financial ecosystem, it came under intense scrutiny following the 2008 global financial crisis. In India, the shadow banking industry predominantly consists of non-banking financial companies (“NBFCs”) and various money market funds. It is essential, however, to distinguish between the characteristics of Indian NBFCs and those of shadow banking entities in the United States. The 2018 IL&FS infrastructure collapse in India uncovered significant weaknesses within the NBFC sector, underscoring the urgent need for robust regulations to manage interconnectedness and mitigate risks. Additionally, the rapid expansion of certain NBFCs necessitates close surveillance to ensure their financial health and stability. This article explores the complex landscape of shadow banking in both the US and India, focusing on the unique challenges each faces and the regulatory frameworks required to sustain systemic stability and resilience in this crucial sector.597 views -
Pages 684 - 689It is known in common parlance that India follows an adversarial system of criminal justice. The confines of the criminal law and grievance redressal are defined and purported by the Indian Evidence Act (now, the Bhartiya Sakshya Adhiniyam 2023), the Criminal Procedure Code 1973 (Bhartiya Nagarik Suraksha Samhita, 2023), and the Bhartiya Nyaya Sanhita 2023 (formerly the Indian Penal Code 1860). It is these laws that from the bulk of criminal law in India and hence the procedural aspects of justice delivery are also mentioned in it. In any case, whether it is civil or criminal, the witnesses are extremely important. As Bentham has stated that witnesses are the eyes and ears of justice, it is true that without witnesses, and in exceptional cases, only the witnesses; it is very difficult to reach to a justified and legally sensible conclusion of a case. In the case that is meant to be analyzed and commented upon, in the present submission, the Apex Court highlighted the importance of the duty of trial courts in examining the vital or the lead witnesses in a case. It also commented upon the negative effect that such non-examination has on the trial. The very basis of a criminal trial is the investigation process and its final report, the examination of the witnesses, appreciation of the evidence collected and produced and other procedural phases. However, witnesses are the most important cog in the wheel of the whole process. Thus, the present case comment strives to lay down an introductory explanation, followed by the factual matrix of the case and the arguments reproduced by the learned counsels on both sides and the judgment. Apart form this, the discussion and analysis part strives to delve deeper into the importance of the witnesses and thus take important phrases from landmark judgments while analyzing the present one.864 views
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The Role of The New Education Policy (NEP), 2020 in Enhancing the Innovative Legal Studies and Protecting the Socio-Economic Rights of the Law Learners in India
Research Scholar at Department of Law, University of North Bengal, IndiaPages 690 - 699The development of India in one of the most prominent democracies of the world, just, socially conscious, cultured, and compassionate country preserving liberty, equality, fraternity, and justice for all that is envisioned in the Constitution of India, depends vehemently on the higher education policy of the country and this development points towards the protection of Socio-Economic Rights of the learners as well as of the people around these young learning minds. The economy and ability of the country to sustain livelihoods are both greatly aided by higher education policy of the country. India is transforming into a society and economy based on knowledge. Given the demands of the 21st century, effective higher education must work to create morally upright, considerate, all-round creative minds. It must allow someone to study one or more specialized fields of interest in-depth while also fostering character development, ethical and constitutional values, intellectual curiosity, a scientific temperament, creativity and a spirit of service. All these criteria are equally applicable for the development of the modern legal education system in India as well. In 2020, the Government of India introduced New Education Policy, 2020 which introduced certain groundbreaking ideas in order to invite some fresh air to the age old education system of India that involved both sided Teacher and Student oriented teaching and learning process on the basis of the outcome of every course that helps to enhance the expertise of the learners which helps them to protect their Socio-Economic Rights in the contemporary globalized world. This present paper intends to look into this factor specifically involved with the legal education in India.666 views -
Citizen Centric Governance in India: A Need of Transparency, Challenges and Strategies Ahead
PhD Research Scholar in Law at ICFAI Law School, Hyderabad & also Practicing Advocate at Telangana & Andhra Pradesh High Courts, IndiaPages 700 - 710An efficient, responsive, transparent and accountable public administration is not only of paramount importance for the proper functioning of a nation, it is a central part of democratic governance and also the basic means through which government strategies to achieve the integration goals can be implemented. The capacity of a state to deliver public goods and services in an effective and reliable way constitutes one of the key variables for distinguishing between ―successful‖ and ―unsuccessful‖ societies. Public administration reform, aiming at good citizen centric governance and modernisation of the state, is not an original goal, while its implementation differs from country to country. The term ―good governance is widely being discussed and also used in drafting and implementing public reforms and strategies. It is a broad term that includes values and practices such as legality, justice, trust of laws and institutions, efficiency, responsible budgeting, management of human resources and crisis management. The digital transformation of public administrations is a way to provide faster, cheaper and better services. E-government improves efficiency and increases user-friendliness and accessibility. It also helps promote ethical practices and reduce the risks of corruption. The notion of good governance started to be used when, in the mid-1980s, the World Bank studied the conditions of success and failure of adjustment programs. The concept of good governance has been measured, studied and defined by numerous agents, international organisations and academics around the world, who have developed an array of theories as well as multiple and diverse standards for outlining what constitutes good governance. The function of governance is to ensure that an organisation or partnership fulfill its purpose, achieves its intended outcomes for citizens and service users, and operates in an effective, efficient and ethical manner. This principle should guide all governance activity. Each organisation has its own purpose. There are also some general purposes that are fundamental to all public governance, including providing good quality services and achieving value for money. This paper discusses the role of civil services and judiciary in promoting good governance and also highlights the challenges in ushering in good citizen-centric governance.806 views -
The Impact of Global Supply Chains on Child Labor Practices
Student at Bennett University, Greater Noida, Uttar Pradesh, IndiaPages 711 - 725Child labour continues to be an enduring obstacle within supply chains. This paper investigates the diverse actors—corporations, governments, societies, and external organizations—engaged in the fight against this issue. This situation complicates efforts to address the issue of child enslavement in supply chains due to its intricate and extensive scope. Additionally, limitations in current research on the subject are acknowledged. This study examines the diverse mechanisms through which global supply networks either facilitate or alleviate child labour practices. The incidence of child labour in these situations is influenced by various factors, including demand dynamics, economic incentives, and legal frameworks. Furthermore, this study delves into case studies and exemplifications in order to elucidate the pragmatic ramifications of supply chain dynamics on the issue of child labour. The results indicate that global supply chains can worsen child labour due to variables like subcontracting and inadequate supervision, but they also offer possibilities for enhancement. Multinational firms can have a significant impact on addressing child labour by utilising their economic power to adopt ethical sourcing methods, encourage transparency, and cooperate with local stakeholders.961 views -
Juridical Perspectives on Aging: A Comparative Study of Laws in India, UK, and USA
Research Scholar at School of Law, University of Kashmir, IndiaPages 726 - 739The aging population, constituting an essential and expanding sector of the worldwide populace, embodies a wellspring of knowledge, expertise, and tenacity. In the face of global demographic shifts characterized by an unparalleled rise in life expectancy, it becomes crucial to comprehend and cater to the distinctive requirements of the elderly. The term "elderly" refers to individuals who have progressed through diverse life stages, bringing with them a diverse array of experiences, obstacles, and achievements. This doctrinal research exclusively focuses on a comparative analysis of elderly laws in India, UK, and the USA. The study meticulously examines the statutory frameworks, legal provisions, and judicial precedents pertinent to aging populations in each jurisdiction. Through a meticulous review of primary legal sources, this research aims to identify similarities, divergences, and gaps within the legal frameworks of India, UK, and the USA concerning elderly rights and protections. The analysis is anchored in a doctrinal approach, emphasizing the interpretation and application of legal texts. By scrutinizing the doctrinal aspects of elderly laws, the purpose of this study is to offer an extensive comprehension of the lawful scene surrounding aging in these three jurisdictions. The outcomes of this study contribute to legal scholarship by offering insights into the doctrinal intricacies of elderly legislation, facilitating a nuanced comprehension of the legal dimensions of aging in distinct legal systems.780 views -
Challenges in the Cameroonian Criminal Justice System: The Criminal Procedure Code and Judicial Independence in Perspective
Ph.D Research Fellow, Department of English Law, Faculty of Laws and Political Science, University of Buea & Barrister at Law and Managing Partner of Inglis & Sumelong Law Firm BueaPages 740 - 770This article examines the challenges faced by Cameroonian Criminal Justice System the spectrum of the Criminal Procedure Code and Judicial Independence. It specifically appraises the road the Criminal Procedure Code did not follow and how judicial independence is stifled. The article focuses on the main difficulties plaguing the Cameroonian Criminal Justice System such as challenges under the Criminal Procedure Code (CPC) prior to trial touching on sensitive aspects like judicial police investigations and Preliminary Inquiry. Legal hurdles during criminal trial itself such as the notion of a charge, the tendering of documents in the absence of witnesses, unbailable offences and the presumption of innocence, the time limit to determine criminal matters, amendment of a criminal charge in the course of a trial. Challenges under the CPC with Appeals, extension of time and admissibility of Appeals, appeals and enforcement of any lower court’s decision. Finally, the Independence of the judiciary and interference by the executives. The paper adopts qualitative analyses of legal doctrines, statutes, and judicial precedents and views from scholars to appraise the challenges inherent in the Cameroonian Criminal Justice system. The paper recommends that a new dimension in addressing the challenges is needed by revisiting the Criminal Procedure Code and making amends of the issues raised by the paper.1,012 views -
Celebrity Personality Rights Entail a Huge Social Cost: An Analysis
Student at OP Jindal Global University, Sonipat, IndiaPages 771 - 780The aim of this paper is to critically analyse the concept of celebrity rights. The law on celebrity rights is still at the developing stage at India as there’s no legislation dealing with it. Judicial pronouncements have become the guiding source for the same. This lacuna has raised several questions such as: what is the scope of protection of these rights? whether they fall under privacy or should they also be linked with property rights? etc. The aim of this paper is not to argue that celebrities should not be given this right but to assess the social impacts if these rights are strictly enforced against people. An evident effect of excessive celebrity right enforcement would be restricted freedom on speech and expression in the entertainment industry which deals with celebrities, while also restricting freedom to do business to an extent. It would also lead to litigious environment which would worsen the inequalities as celebrities hold more power and resources In the end there’s a need to balance the celebrity rights (often linked with privacy) and freedom of speech and expression which is protected under the Indian constitution. Celebrity rights would entail huge social costs depending on the different contexts. As long as there are exceptions to celebrity rights such as fair use or transformative use, public information etc granting these rights may not turn out to be burdensome and problematic.973 views -
Shielding the Vulnerable: Analysing Pivotal Legal Precedents in Prosecuting Crimes Against Children throughout India
Assistant Professor at MKPM RV Institute of Legal Studies, Bengaluru, IndiaPages 781 - 790Children have endured many forms of violence from the beginning of time. Although it is hard to believe, given that we view children as the future of our country, it is fair to state that they have experienced a great deal of neglect. Children are victims of crimes regardless of their gender or age; rather, they are victims because they are unable to understand the nature of the crimes being perpetrated against them and the repercussions that will follow, making them easy prey for the perpetrator. They are an offender's preferred victim because of their innate innocence and maturity, which are typically correlated with a child's age. To guarantee that children receive all the rights that are due to them, it is crucial to protect them from all types of violence, abuse, and exploitation in a variety of contexts, such as the family, community, and larger society. The law already stipulates severe penalties that must be applied against anyone who violates the law or commits a crime against a child; over time, these penalties must be more severe in order to prevent and deter offenders from committing such crimes. The focus of this Research Paper is completely on the contemporary scenario of the crimes against children. Although there is no denying that any type of crime poses a risk to everyone, children are especially vulnerable to victimisation because they lack adequate protection.790 views -
Combatting Corruption in India’s Corporate Landscape: Evaluating Anti-Corruption Legislation and Economic Implications
Research Scholar at Central University of South Bihar, IndiaPages 791 - 805This paper delves into the realm of corruption within commercial organizations in India, focusing on the implications of the Prevention of Corruption (Amendment) Act, 2018. The study examines the challenges faced by Indian commercial entities in adopting anti-bribery measures voluntarily, as well as the expanded scope of the Act to include criminal liability for both individuals and corporations. Through an analysis of legislative support, burden of proof requirements, and the need for internal preventive mechanisms, the paper highlights the complexities and responsibilities placed on corporations to combat corruption effectively. By exploring the impact of the amendments on corporate governance and the economic landscape, this research sheds light on the evolving regulatory framework and its significance for promoting integrity and transparency in India's business sector.721 views -
Prosthetics and Public Health: Investigating the Interface, Circa- 2024
Research Fellow at The West Bengal National University of Juridical Sciences, Kolkata, West Bengal, IndiaPages 806 - 814Prosthetics are one of the greatest medical wonders the world has ever confronted. From aiding in providing mobility to keeping intact human dignity, it has been working for the promotion of human welfare since a very long time. The process for production of prosthetics is multifarious, most of them being financially expensive. With greater precision comes greater perfection in the product so manufactured. Prosthetics undoubtedly belongs to a class of "precision engineering". The traditional mode of prosthetic production is generally subject to customization as a result of which mass production cannot be made possible. It becomes an expensive process and not every person can afford the tradition mode of prosthetics. Fortunately, there is an alternate process of prosthetics production. It is the 3D printing Technology where mass production can occur on a higher level. But it involves various technicalities. It involves the application of more than one genre of Intellectual Property and includes the application of patent, copyright and even trademark. The importance of the 3D printing technique of prosthetics production lies in the fact that it has indeed become a life-saver in helping specially-abled individuals in accessing the health system especially in a scenario wherein the costs of the production are immensely high. In this paper, the researcher has discussed the access to use of 3D printing technology of prosthetics production from the perspective of public health. The researcher has also focussed on this aspect to understand whether the balanced mechanism between promotion of the patent-holder’s right in relation to the 3D printing of prosthetics and access to the patented product is well maintained under the Indian system of jurisprudence.667 views -
Enforcement of Arbitral Awards against a State: Exploring the Interplay of Award Enforcement Sanctity and Sovereign Immunity
Student at OP Jindal Global University, IndiaPages 815 - 823The enforcement of arbitral awards against sovereign states presents a multifaceted challenge that hinges on the delicate balance between the sanctity of award enforcement and the doctrine of sovereign immunity. Given the interconnected nature of the global economy, states engage in numerous bilateral and multilateral agreements, as well as contracts with private entities, making international arbitration a preferred mechanism for resolving cross-border disputes. An arbitral award, representing the tribunal’s decision, marks the culmination of the arbitration process. However, when one party is a sovereign state, enforcement becomes challenging due to the shield of sovereign immunity that states often invoke to avoid compliance. The true test of arbitration lies in the enforceability of this award, as the essence of arbitration is undermined if sovereign states circumvent award enforcement through claims of sovereign immunity. This research examines the legal frameworks and judicial interpretations governing the enforcement of arbitral awards, focusing on the New York Convention (NYC) and the UNCITRAL Model Law. It highlights the inconsistency and lack of clarity in state immunity laws and their application by national courts, which complicates the enforcement procedure. Key questions addressed include: To what extent can sovereign immunity be invoked to resist the enforcement of arbitral awards? How do courts balance the respect for state sovereignty with the imperative to uphold international arbitration agreements? The paper also explores the practical implications for international arbitration practitioners and the states involved, providing a critical analysis of legal precedents and theoretical perspectives. By examining these issues, this paper aims to offer a nuanced understanding of the enforcement mechanisms available against states and the evolving jurisprudence in this area. The findings underscore the necessity for a coherent and predictable approach that reconciles the enforcement of arbitral awards with the doctrine of sovereign immunity, thereby contributing to the stability and effectiveness of international arbitration.883 views -
Illegal, Unreported and Unregulated Fishing a Serious Threat
Research Assistant at School of Integrated Coastal and Maritime Security Studies, Rashtriya Raksha University, IndiaPages 824 - 830Illegal fishing is a sort of fishing in which boats violate the regulations of a fishery that is controlled by a coastal state or on the international oceans. Unreported fishing is one type of IUU fishing, in which fishing is not reported to the appropriate authorities or is reported incorrectly. Another sort of fishing is unregulated fishing, which is typically carried out by boats without nationality or boats flying the flag of a nation that is not a member of the regional organisation that regulates that fishing area or species. Wherever such fishing occurs, whether it be in open sea or coastal waters, the international community uses the expression "IUU fishing" to denote an activity that does not conform with national, regional, or global commitments for fisheries conservation and management.527 views -
Melting Ice Sheets: Unravelling the Legal Challenges of Submerging Islands
Research Assistant at School of Integrated Coastal and Maritime Security Studies, Rashtriya Raksha University, IndiaPages 831 - 847In 1983, India began the exploration of Antarctica with the establishment of Dakshin Gangotri, followed by Maitri and Bharati research centres. In order to build a comprehensive approach and demonstrate India's contribution to Antarctica, research in numerous areas was begun. They were, “Antarctica’s contribution towards global sea-level rise, the background of aerosol properties, variability in the sea ice cover and phenomenon like Antarctica haze and Ozone concentrations”. To felicitate the study and to ensure environmentally sustainable and viable research procedures, the Indian government enacted the Antarctica Act, 2022. While India’s strategy is aligned with its objective of sustainable development, there is vacuum in addressing the legal challenges of submerging islands, due to the global sea-level rise as a result of melting ice sheets, which poses a burden on the island states and is a potential threat for their future. Even the Montevideo Convention, 1933 establishes a conventional definition of a state, but lacks to address the legal status of an island that has submerged and is inaccessible to humans. This paper will critically analyse India's policy on the legal challenges over the existence of Island States, the environmental reverberations, along with a case study of Lohachara island and Ghoramara island of India, and the dearth of a legal framework on critical issues, and practical mitigation strategies for a better tomorrow.597 views -
In recent years, restorative justice has gained popularity as an alternative to traditional legal processes that rely on adversarial procedures to resolve disputes between families. Indian family law is increasingly integrating restorative justice approaches, which draw from both traditional practices of conflict resolution based on community and modern methodologies. Among the dispute resolution approaches prevalent in India is restorative justice, which is used to resolve divorce matters, custody disputes, and other conflict resolution issues involving families. Mediation, peace circles, and family group conferencing are just a few examples of restorative practices used in India. As a result, extended family networks play a significant role in resolving disputes in India, a country with a diverse cultural landscape and social landscape. In this study, key factors contributing to restorative justice's success or failure in the Indian context are identified based on case studies and legal outcomes. In India, restorative justice approaches, which are more prevalent in developed nations, are compared to their effectiveness. Comparing India with developed nations highlights the many challenges it faces, including limited legal infrastructure, different cultural norms, and resistance to change. In addition, it shows that restorative practices offer opportunities for involving extended families and community stakeholders in the resolution process, as well.793 views
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Pages 862 - 867The Indian Evidence Act 1872 is an Act formulated by J.F. Stephens and is the Act that must be consciously kept in mind while adjudicating civil and criminal cases. The whole of the Act is extremely important for arriving at the most justified and legally logical decision in any given case. However, the most important part of the Act is the concept of dying declaration. It is mentioned under Section 32 of the Indian Evidence Act that dying declaration can be accepted in any given four circumstances, if all the essentialities and qualifications are fulfilled. For better understanding of the issue, Section 32(1) is reproduced- “32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. Statements, written or verbal, or relevant facts, made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases :(1)When it relates to cause of death. - When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.” However, it must be understood that only reliable and factually as well as circumstantially justiciable and legally admissible statements must be accepted as dying declarations. The present manuscript in the form of a case comment tries to enlighten this concept only.638 views
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Role of Buddhism in Ambedkar’s Life and His Strife for Human Dignity and Freedom
Assistant Professor at Vels University, Pallavaram, Chennai, IndiaPages 868 - 876There are several myths and misconceptions surrounding Abasaheb Bhim Rao Ambedkar's decision to convert to Buddhism, which often sparks interest. Ambedkar first rejected other religions and embraced Buddhism; however, he studied, reinterpreted, twenty years before his death, he adopted Neo-Buddhism, also known as the Navayana. After more than 20 years of fighting for fundamental human rights inside the Hindu community, Dr. B.R. Ambedkar decided that the only way to secure the freedom of the Dalits was for them to convert from Hinduism to other religions. He contrasted the futures of the four religions—Buddha, Jesus, Mohammed, and Krishna in the Mahabodhi Society magazine in Kolkata. In the philosophy of Dr. B.R. Ambedkar, the idea of human dignity—that is, the right to respect based on one's inherent humanity—is emphasized. His commitment has been to the education, employment, and social justice of the Dalits, who have been subjected to discrimination on the basis of their birth status. Ambedkar was dissatisfied with the Hindu caste system, which was founded on hierarchy, and he thought that the only way to offer the Dalits respect was to eradicate caste. However, Ambedkar's goal of eliminating the caste system was not fulfilled because of the resistance of the influential Hindus. Rather than that, he thought about changing the faith in order to save the Dalit people. Ambedkar made a substantial contribution to the dignity and elevation of Untouchables. He created a number of laws and guidelines to protect the Dalits. He urged Hindu castes to treat Dalits equally, asserting that the fight for human dignity will persist until they do so. He maintained that liberty, equality, and fraternity are prerequisites for a happy existence. He regarded rights as both individual and collective rights, not just those found within the strict parameters of liberal individualism.1,081 views -
A Critical Study on the Scope of AI in SMEs
LL.M. student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 877 - 891The emergence and evolution of artificial intelligence (AI) have been a remarkable journey, marked by significant milestones and groundbreaking advancements. AI has gradually developed from the early theoretical concepts and rudimentary ideas in the 20th century to become one of the most transformative and impactful technologies of the modern era. The continuous advancement in AI research, coupled with the exponential growth in computational power and data availability, has propelled AI into new and uncharted frontiers. This progress promises to revolutionize industries and reshape our daily lives in unprecedented ways, from automating routine tasks to enabling new forms of creativity and problem-solving. As AI continues to evolve, researchers and developers are committed to addressing the numerous challenges it presents, including technical limitations, ethical dilemmas, and societal impacts. Ensuring the responsible and ethical use of AI is paramount to maximizing its benefits while minimizing potential risks. This study delves into the necessity, impact, and legal implications of implementing AI in Small and Medium-sized Enterprises (SMEs). It investigates the critical need for AI in enhancing operational efficiency, boosting competitiveness, and fostering innovation within these enterprises. Furthermore, the study assesses the transformative effects of AI on productivity, costs, and business models, illustrating how AI can drive significant improvements in these areas. This study examines the complex legal landscape associated with AI adoption, including regulatory compliance, data privacy, and liability issues. By providing a comprehensive understanding of these factors, the study aims to equip SMEs with the knowledge and insights needed to navigate the challenges and opportunities presented by AI.542 views -
The Image of Women in Modern European Art: The Dada School as a Model
Universitat Politècnica de València, College of Fine Arts, Department of Fine Arts, SpainPages 892 - 909Based on the study's findings, the researcher concluded that the Dada school artists' experiences were influenced by the political, technological, and economic changes that the globe was going through at the time. As a result, in addition to the formation of the qualities of movement, speed, and development in the various artistic creations, artistic products crystallized that contained what was relevant to those developments. Whether in painting, sculpture, or photography, the Dada school's depictions of women have endured as a constant symbol of equality and freedom. Based on the study's findings, the researcher concluded that the Dada school artists' experiences were influenced by the political, technological, and economic changes that the globe was going through at the time. As a result, in addition to the formation of the qualities of movement, speed, and development in the various artistic creations, artistic products crystallized that contained what was relevant to those developments. Whether in painting, sculpture, or photography, the Dada school's depictions of women have endured as a constant symbol of equality and freedom.734 views -
The Symbolic Expression of Modern Spanish Sculpture
Universitat Politècnica de València, College of Fine Arts, Department of Fine Arts, SpainPages 910 - 924Art is first and foremost a new point of view, and the modern artist looks at the world as if it were something he had not seen before, as if he was the first to set his eyes on the features of the universe. That is why the various creative artistic movements emerged that was characterized by trends that found for themselves common signs in the changing awareness of time. Many modern artistic movements have appeared which were embodied in sculpture in a modernist style that included various topics, the purpose of which was to reach an artistic reading characterized by creative features. To unleash the mind of the recipient to read and understand the creative text we contain according to the ability of the recipient and his intellectual level using symbolic expression, whether at the level of idea, line, color, texture, material or space. And among those movements, Spanish artists appeared who excelled in various arts, including the art of sculpture, which has always been a reflection of what stirred in their souls and minds, so they excelled in it. This was evident in the public squares, museums, galleries and exhibition halls of the artists themselves. If the researcher sheds light on a group of these sculptors and a specific time period to study the symbolic expression in modern Spanish sculpture, As the first chapter contained the problem of the research, which ended with the following question: What is the symbolic expression in contemporary Spanish sculpture? As for the goal of the research, which stipulates the definition of symbolic expression in contemporary Spanish sculpture, the importance of research and the need for temporal and spatial limits? • The second chapter contains three topics • The first topic is conceptual and artistic expression • The second topic is the concept of symbol in modern art • The third topic is the Spanish sculpture form and technique As for the third chapter of the research, it contained the research procedures, namely, the research community, which consisted of (15) sculptural work, and the research sample consisted of three works and the analysis of the sample models. As for the fourth chapter, it included the results of the research, including (coding appeared clearly in the models of the research sample through the use of sculptors for internal and external spaces and their distribution to the sculptural work). And the conclusions of the research, including (creativity was associated with symbolic expression in artistic production through the large number of stylistic transformations and the diversification of topics and treatment of them with a special aesthetic vision). In addition to the recommendations and proposals, the research ended by showing the photos of the research community.645 views -
Assessing the Impact of the Real Estate (Regulation and Development) Act, 2016: A Critical Inquiry
Ph.D. Research Scholar at Department of Law, Sardar Patel University of Police, Security and Criminal Justice, Lordi Panditji Village, Jodhpur, Rajasthan, IndiaPages 925 - 934The Indian Parliament approved the Real Estate (Regulation and Development) Act of 2016, that seeks to form a separate Real Estate Regulatory Authority to promote the sector and regulate the real estate industry. It also set up a Central Advisory Council to counsel the governing on the issues pertaining to the real estate sector. This act additionally provides for a separate adjudicating system to facilitate expedited conflict settlement, as well as the formation of an appealing tribunal to hear and resolve regulatory authority appeals. The act empowers the Real Estate Regulatory Authority to deal with all the aspects related to real estate sector and publishing all the related documents including the detailed site plans on its website. It also requires the Authority to keep a list of all the projects, agents and promoter and their details on its website. The act imposes multiple obligations on the promoter and buyers. The act's primarily makes the project details public and imposes restrictions on promoters regarding the direct use of funds obtained from buyers for the purpose of development, as well as a cap on receiving cash deposits from buyers. Whereas the buyers are required to pay the required amount on time with interest in case of delay. The act is expected to face serious troubles in its implementation as the matters related to real estate were primarily dealt by the local and state governments with the union government having a very limited say, but since the current act aims at transforming the whole system of real estate management, the states are unlikely to reciprocate to it and the disputes are visible.565 views -
Private Equity’s Role in Driving Mergers and Acquisitions: Strategies, Impacts, and Challenges
Student at Institute of Law, Nirma University, IndiaPages 935 - 950The global corporate environment and industry landscapes have been reshaped by private equity (PE) firms, which have become essential catalysts for mergers and acquisitions (M&A). This paper thoroughly examines the intricate connection between M&A and private equity, examining the tactics used by PE firms, their effects on target businesses and sectors, and the difficulties involved in carrying out profitable deals. To maximize value creation and minimize risks, it looks at the nuances of deal structuring, finance agreements, and post- acquisition integration tactics used by PE firms. This paper delves into the wider consequences of private equity participation in mergers and acquisitions, encompassing its influence on industry dynamics, corporate governance protocols, and regulatory frameworks. It examines the possible trade-offs between short-term financial engineering and long-term strategic value creation, as well as the role that PE-backed companies play as catalysts for innovation, consolidation, and operational transformation within their respective industries. Furthermore, this study explores the changing dynamics of the M&A-private equity ecosystem, taking into account new developments like the internationalization of deal flows, the growth of industry- specific investment approaches, and the fuzziness of the lines separating conventional PE from alternative asset classes.915 views -
The Impact of AI in Contract Formation and Enforcement
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 951 - 961Artificial Intelligence (AI) is revolutionizing various facets of modern life, and its influence on contract formation and enforcement is increasingly profound. This abstract explores how AI technologies are reshaping traditional practices, both in the creation and execution of contracts, highlighting key benefits, challenges, and ethical considerations. In the realm of contract formation, AI facilitates efficiency and accuracy through automated drafting and review processes. AI-powered tools analyse vast repositories of legal data, extracting relevant clauses and precedents to aid lawyers in crafting contracts tailored to specific needs. This not only accelerates the drafting phase but also enhances the quality by minimizing errors and inconsistencies. Moreover, AI's ability to predict outcomes based on historical data helps parties anticipate potential disputes, thereby enabling proactive risk management strategies. Furthermore, AI enhances contract enforcement mechanisms by streamlining monitoring and compliance processes. Smart contracts, enabled by blockchain technology and AI, automatically execute contractual terms when predefined conditions are met, reducing the need for intermediaries and ensuring transparency. This automation minimizes delays and disputes, offering parties greater confidence in the enforceability of agreements. However, the integration of AI in contract practices also presents challenges. Ethical concerns arise regarding the accountability and bias of AI algorithms used in contract drafting and decision-making processes. Ensuring transparency and accountability in algorithmic decision-making is crucial to maintaining fairness and trust in contractual relationships. Moreover, the proliferation of AI raises legal questions about liability in cases of AI errors or failures. Who bears responsibility when an AI-powered contract drafting tool generates flawed terms or when autonomous systems execute contracts erroneously? Addressing these legal ambiguities requires careful consideration and potentially new regulatory frameworks to adapt to the evolving landscape of AI technologies. This abstract provides a foundational overview of the impact of AI on contract formation and enforcement, setting the stage for deeper exploration into specific implications and considerations in the legal and technological realms.1,617 views -
Optimizing Talent Acquisition: Best Practices for HR in Attracting and Retaining Top Talent
Assistant Professor at Indira Gandhi Mahila Mahavidhyalya, Kaithal, Haryana, IndiaPages 962 - 972This study explores the critical role of Human Resources (HR) in talent acquisition and recruitment, emphasizing the adoption of optimal strategies to attract and retain high-caliber individuals. In today's competitive business landscape, organizations recognize the strategic importance of building and maintaining a proficient workforce. The study begins by highlighting the necessity of strategic workforce planning and aligning recruitment strategies with overall business objectives. Key elements for successful talent acquisition, such as effective job descriptions, diverse sourcing channels, and the integration of technology and automation in the recruitment process, are discussed in detail. The text underscores the importance of candidate experience, focusing on honest communication, timely feedback, and a seamless onboarding process. Additionally, it advocates for the use of talent analytics to evaluate recruitment efficiency and drive continuous improvement. The collaboration between HR professionals and hiring managers is emphasized as crucial for tailoring recruitment strategies to the specific needs of various departments. To ensure comprehensive candidate assessment and foster a diverse workplace, the use of competency-based interviews and a commitment to diversity and inclusion are prioritized. Long-term success in talent acquisition is bolstered by continuous learning and development for HR professionals and the implementation of robust onboarding programs. The study concludes by stressing the need for organizations to adapt to evolving employee expectations, technological advancements, and new legal frameworks to stay competitive in attracting and recruiting top talent.1,113 views -
Legal Aspects and Consequences of Notice Periods
LL.M. student at O.P Jindal Global University, IndiaPages 973 - 977This paper examines the legal landscape of notice periods in India, focusing on the rights and obligations of both employers and employees. While employers are legally mandated to provide a notice period before termination, there is no such requirement for employees upon resignation. However, employment contracts typically include notice period clauses, which can lead to legal and practical consequences for employees who fail to comply. The paper highlights the potential for employer abuse during the notice period, such as harassment and workload manipulation. It also discusses the challenges faced by employees in asserting their rights due to the imbalance of power between individuals and corporations. The paper concludes by advocating for more employee-friendly policies, including flexible notice periods and protection against harassment, to create a fairer employment environment.1,199 views -
A Critical Study on Collegium System and Four Judges Case with special reference to Recent Contemporary Developments
Student at Tamilnadu Dr. Ambedkar Law University, IndiaPages 978 - 989The collegium system of judicial appointments in India is one of the most contentious mechanisms for selecting judges, primarily due to its lack of explicit constitutional foundation and allegations that it undermines the principles of separation of powers, judicial accountability, and independence. The system’s evolution has been shaped by key judicial decisions, including the landmark three judges’ cases, which expanded the scope of “consultation” under Articles 124(2) and 217, effectively reinforcing the collegium system. This paper critically analyses the history of the collegium system in India, examining the usage of the word "consultation" in the Constitution. It further explores the most recent NJAC (National Judicial Appointments Commission) case, or the fourth judges’ case, which represents the latest confrontation between the executive and the judiciary. This case reflects ongoing tensions over judicial appointments and the potential encroachment of legislative authority into the judicial domain. Additionally, the paper discusses the reasons for the failure of both the NJAC and the collegium system and provides suggestions for improving the judicial appointment process by the collegium system.1,174 views -
A Critical Review of ‘Gender Trouble’ By Judith Butler
Student at O.P Jindal Global University, IndiaPages 990 - 995The first week of May, 2022 saw hundreds of American citizens take to the streets in outrage over the possible reversal of the landmark abortion rights judgement Roe v Wade. While the judgement and the ensuing discussions based themselves on the idea of reproductive justice for women, there are other categories of persons who also benefitted from this judgement, such as trans persons, intersex and non-binary persons in need of abortion facilities in the United States. Today, we use broader terms like “people with uteruses” to refer to all persons in line for receiving such reproductive care. However, often, this proclivity for inclusivity is only on paper: trans, non-binary and intersex people are often forgotten in the larger movement of biological rights. The primary reason behind this predicament is the convoluted ways in which sex, gender and desires are conceptualised in our society. Several questions regarding such conceptualisations remain unanswered, forcing us to think and re-think our basic understanding of these concepts in our individual lives. Scholars belonging to the feminist and queer theory traditions have been at the forefront of posing the same questions regarding sex, gender, and desires. No mention of such scholars would be complete without talking about Judith Butler, the twentieth century American philosopher that gave the world much to think about through their seminal work ‘Gender Trouble: Feminism and the Subversion of Identity.’ Published in 1990, the book was a ground-breaking manuscript due to its ideas concerning gender identities, relationships between gender and sex as well as the larger queer-feminist politics. The following paper review the paper through a multi-dimensional lens, with a view to explore its ability to connect with the varied gendered issues taking place in today’s politics.1,108 views -
Regional Trade Agreement and WTO Dispute Settlement Mechanism
Assistant Professor at School of law, Sathyabama Institute of Science and Technology, IndiaPages 996 - 1008At the intersection of global trade governance is the relationship between the WTO Dispute Settlement Mechanism and RTAs. This study explores potential synergies and problems within the current framework as it digs into the nuances of this relationship. The cohabitation of the global standards established by the WTO and the region-specific flexibility RTAs gives rise to conflicts that could potentially split the international trade system. Relationship complexity is increased by ambiguity in the integration of RTA law into the WTO framework. The paper anticipates a future to strike a balance between regional autonomy and global coherence by tackling these issues.579 views -
Pages 1009 - 1020Effective government requires involvement, transparency, legitimacy, and responsiveness. Good governance in India was formed in 2005 with the RTI Act and the 73rd and 74th constitutional amendments. Since its introduction a decade ago, the RTI Act has transformed government operations and governance discourse. Corruption has decreased as government employees are more involved, conscientious, and accountable. The Act empowers citizens and deters large-scale scandals, enabling them to hold public leaders accountable. The RTI Act gave voice to citizens' governance concerns, changing the power balance between ordinary citizens and authorities in India. It allows citizens to influence government programmes and policies and scrutinise government activities and choices to ensure public interest and justice. The Act has also boosted public participation in governance by allowing individuals to directly question officials about their job. Participatory democracy has improved elective democracy and made government more responsible and transparent. This essay will discuss how the Right to Information Act promotes good governance by increasing openness and accountability in our system. It will also study how civil society, social activists, ordinary citizens and organisations use the right to know and support this legislation. It will also examine E-governance's rise as a tool for transparency, accountability, and good governance. It will then address the risks of RTI in India and how it promotes good governance.629 views
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The Impact of International Sanctions on Human Rights and Constitutionalism: The Case of Zimbabwe
Legal Practitioner with the Law Society of Zimbabwe, Public Prosecutor with the National Prosecuting Authority of Zimbabwe, and a PhD Scholar at University of South AfricaPages 1021 - 1037Drawing from a variety of source documents in the form of books, journals and statutes and other sources of legal authority, this article examines the effectiveness of sanctions and their impact on human rights and constitutionalism with a focus on Zimbabwe as a case study. The imposition of sanctions on Zimbabwe by the United States of America (U.S) and the European Union (EU) was aimed at addressing human rights violations by the government of Zimbabwe pursuant to the accelerated land reform program which saw the white minority who had acquired land originally belonging to the locals in Zimbabwe during the colonial era when Zimbabwe, then known as Rhodesia, was colonised by the British. The article attempts to draw attention to the ineffectiveness of sanctions and how they worsen the human rights problem they seek to address, thereby undermining Constitutionalism by making it impossible for the government to meet their Constitutional obligations in respect of protecting and promoting the fundamental rights accruing to their citizens. The article notes that the practice of sanctions was adopted by the United Nations Security Council as a tool to enable cooperation among states towards maintaining peace and security on the global scene. Several scholars who have canvased the topic on the effectiveness of sanctions and have highlighted their negative effects on human rights. However there has not been sufficient debate addressing the indirect impact of sanctions on constitutionalism, as well as the misalignment created in the international law discipline in relation to human rights protection as enunciated in the Universal Declaration of Human Rights by the practice of sanctions, as well as the trickling down impact on constitutionalism as a sub-sphere of international law. By highlighting this misalignment in international law and the practice of sanctions, the article proposes or suggests a review of the practice and an amendment of the policy on sanctions.767 views -
Cyber Crime and the Challenges of Prosecution and Prevention
Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, IndiaPages 1038 - 1052The swift increase in internet access and electronic transactions in India has raised worries about cybersecurity, which makes it more difficult to prosecute cybercrimes. This essay examines the difficulties associated with prosecuting cyber crimes in India, emphasising important problems such inadequate laws, a lack of knowledge, jurisdictional difficulties, and the quick speed at which technology is developing. Important obstacles include a lack of knowledge about cybersecurity between people and organisations, a manpower deficit, and jurisdictional problems brought on by the international reach of cybercrimes. Also, many of the regulations in place today—such as the Information Technology Act of 2000—are out of date, which means that new laws must be passed on a regular basis to deal with new dangers. Inadequate coordination among diverse law enforcement organisations frequently impedes the success of prosecutions. Insufficient reporting and poor conviction rates are also caused by businesses' unwillingness to disclose cybercrimes for fear of harming their reputation. Cybercrime cases need very complicated investigation, which includes identifying, preserving, collecting, analysing, and presenting digital evidence. Major hurdles include jurisdictional issues, the volatility and ease of change of digital evidence, and the use of encryption and anonymity by hackers. The study emphasises the need for enhanced technology capabilities, strong regulations, and specialised training for legal and law enforcement personnel. The enhancement of cybercrime investigation and prosecution necessitates the investment in contemporary forensic tools, international coordination, and public-private cooperation. Resolving these issues is essential to fostering confidence and trust in India's digital environment, which is critical for the growth of e-commerce and e-governance initiatives.2,044 views -
Digital Data Protection Act, 2023
Student at Sastra Deemed University, Thanjavur, IndiaPages 1053 - 1071The Digital Data Protection Act, implemented by the Indian government in 2023, addresses the critical need to safeguard personal data from unauthorized access and breaches. This legislation introduces stringent regulations to prevent unauthorized access to personal information and outlines clear procedures for investigating data breaches. Key components of the Act include defining the rights and responsibilities of Data Principals (individuals whose data is collected) and Data Fiduciaries (entities collecting and managing data). It also establishes penalties for non-compliance, emphasizing the importance of adhering to data protection standards. Additionally, the Act establishes the Data Protection Board of India, empowering it with significant functions and powers to oversee compliance and enforce regulations effectively. Moreover, the Act introduces amendments to existing laws to strengthen the protection of personal data across various sectors in India. By enhancing these safeguards, the legislation aims to enhance public trust in the security and privacy of personal information in the digital age. Overall, the Digital Data Protection Act represents a crucial advancement in ensuring robust data governance and promoting a secure digital environment in India.698 views -
Pages 1072 - 1087This paper delves into the transformative impact of AI technologies on university education, focusing on both the opportunities and challenges presented by these advancements. It outlines how AI enhances educational access, efficiency, and personalization in Sri Lankan universities by streamlining research processes, creating tailored learning experiences, and improving the quality of academic writing. However, it also addresses significant challenges, including academic dishonesty, over-reliance on AI, and data privacy concerns. To mitigate these risks, the paper advocates for clear policies, transparency, and proper training on the ethical use of AI, emphasizing the need for balanced integration to foster critical thinking and independent research skills. Additionally, it highlights the role of AI in exam preparation through adaptive learning platforms and AI-powered tutoring systems, while noting the importance of equitable access and data protection. The paper concludes with comprehensive guidelines for the ethical use of AI in academic settings, promoting transparency, honesty, fairness, and proper documentation of AI usage. These guidelines aim to foster responsible AI use, ensuring that technological advancements contribute positively to student learning while upholding academic integrity. A detailed sample guideline for the ethical use of AI by university students is provided at the end to help institutions navigate these complex issues effectively.1,101 views
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Pages 1088 - 1109The paper discusses the design of the Indian prison system, the issues that inmates encounter, and the initiatives that have been taken to reform convicts and help them reintegrate into society. Prisons are no longer institutions created just to carry out the punitive parts of retribution and deterrence. Inmates are now housed in prisons not as abandoned or forgotten members of society, but as living, breathing humans who must behave properly when they return to their communities. All men are created equally and endowed with a set of basic human rights by their creator. The rights to life and liberty are among these rights, however if someone violates social norms, their rights are revoked and they are subject to the proper punishment. Reintegrating prisoners into society is considered by many observers to be one of the main objectives of prisons. A society's level of civilization may be assessed by looking inside its jails. A person is no longer someone to be punished and reformed with harsh and intolerable punishment when they choose to stray from the path of ethical principles and moral behaviour traceable to a responsible citizen. To cleanse the accused's mind of the wrongdoing beliefs, a system must be developed that is tailored to his unique circumstances. This study aims to explain the many measures periodically done by Indian governments to speed up the process. There has been discussion of the legislative provisions as well as the committees established to provide recommendations. The main issues affecting the reform process have been emphasised in an effort to come up with a solution to decrease their impact. This paper also includes the reformative approach.859 views
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Evolution and Progression of the Rights of Hindu Women in the Hindu Undivided Family (HUF)
Student at Government Law College, Mumbai, IndiaPages 1110 - 1114The Hindu Undivided Family (HUF) is specifically characteristic to the Hindu community and is a part of Hindu law. As per the Hindu Succession act 1956, Sikhs Buddhists and Jains along with Hindus are considered to be “Hindus”. Before 1956, the two prevalent schools governing succession and inheritance for Hindus were Dayabhaga and Mitakshara. Mitakshara was a school prevalent throughout the nation, on the other hand, Dayabhaga school had its stronghold only in the states of Assam and Bengal. Historically, inheritance and succession for the girl child and women in India has been nothing short of an uphill battle, with numerous blips and glitches that have needed to be rectified. Since independence, a variety of acts and amendments to existing acts have been introduced to ensure that women are not deprived of their right to equal inheritance. This research paper aims to look at the evolution and progression of rights given to Hindu women with a specific focus to their equal position and status in the Hindu Undivided Family.668 views -
A Study on the Arbitrability of Disputes in India
Student at CMR School of Legal Studies, IndiaPages 1115 - 1127‘Arbitrability’ refers to the question of whether a particular dispute can be settled through the methods od alternate dispute resolutions, particularly arbitration or not. The Arbitration and Conciliation Act, 1996 does not specifically provide which cases are arbitrable and which cases are not. However, the Indian Judiciary has been given a wide range of powers to define arbitrability of a case, keeping in mind the circumstances of the case. While determining the arbitrability of a dispute, the courts will have to keep in mind the public policy doctrine i.e., the courts have to keep in mind that the approval for arbitration of a case, and the subsequent award should not be against public policy. This paper shall discuss the concept of Arbitrability and deal with the jurisdiction of the Arbitral tribunal to try disputes in general as well as with respect to intellectual property rights, all in relation with public policies. The scope of arbitrability of disputes shall be analysed with the help of various judgments, particularly the landmark Booz Allen case. that established the test of 'right in rem' and 'right in personam' to determine the arbitrability of disputes and the Vidya Drolia case which gave a four-fold test to determine the arbitrability of disputes.851 views -
Endangered Species Protection and Habitat Conservation
Student at Jigyasa University (Formerly Himgiri Zee University), Dehradun, IndiaPages 1128 - 1139The extinction risk of critically endangered species in India is due to rapid human population growth, anthropogenic activities, and urban expansion. The environmental biodiversity and the species residing in it are continuously under stress and facing the threat of extinction. The World wildlife fund (WWF) and The Department of Endangered Species Management (ESM) works to conserve rare and critically endangered wildlife in India through status surveys, research, monitoring, the development of conservation action plans, and advocacy as per Wildlife Institute of India. This article highlights the many endangered species and their habitats on this day and every day, working to raise awareness and partnerships with local communities, governments, businesses, and the rest of the world to take action to protect them.756 views -
An Analysis of the Novel the White Tiger with respect to Caste and Class Politics
Assistant Professor at Department of English, PERI College of Arts and Science, Mannivakkam (Affiliated to University of Madras), IndiaPages 1140 - 1146When man started to think and human endeavour on communication of his thoughts started, literature came into being. With time various genres and modes of literary thoughts emerged in the world. Literature tried to convey messages in a very creative way garnering audiences to understand real life emotions and behavioural patterns. In such a way the Indian novel the White Tiger by Arvind Adiga talks about the class and caste divisions in India and how it continues to impact social life in India even after almost six decades of independence. The novel portrays class and caste politics with how even though India being world’s largest democracy still lags at various aspects of democracy and liberty in real life. In this work I would like to analyse the novel White Tiger with respect to how it portrays the caste and class consciousness as well as how these elements plays a crucial role in India’s social setting at the backdrop of poverty and underdevelopment in the rural areas of our country.786 views -
Ancient Indian Treatises played a major role in solving various issues. It is important to look into how ancient treatises have contributed lot for the advancement of Human Resources Management. To put in simple terms Human Resources Management can be seen as a functionary, which incorporates the organizational plans and makes sure that the goals are achieved with firm determination in a management alias an organization. The Human Resources Management is not new as in ancient India it was already incorporated through various ancient works originating from India. This paper analyses the relevance of ancient Indian treaties in Human Resource management.605 views
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Balancing Innovation and Affordability: India’s Stance on IPR in Trade Deals
Student at Presidency University Bangalore, IndiaPages 1156 - 1163The term ‘Intellectual Property’ can be defined as the creation and innovation of human intellect, they can be inventions, literature works etc. While inventing something new a man puts his manpower, intellect, time, energy and his monetary resources , as a result of their innovative idea they create an intangible property. The laws related to Intellectual Property gives the monopoly right to the owner of that intangible property. The ‘owners’ are provided with the legal rights over the property, they have the ownership of the property and only after their permission someone else can use the property They can be classified in the group of trademarks, copyrights, patents, geographical indications, industrial designs, layout design of semiconductor integrated circuit. The protection of Intellectual Property Rights (IPR) against unauthorized use or exploitation is a crucial function of legal procedures. For a set amount of time, these rights give inventors and creators the sole authority over their creations, works of art, trademarks, and private data. By preserving these rights, people and companies are encouraged to spend money on R&D and creative projects because they know their efforts will be rewarded without worrying about being exploited. Developed nations frequently support strict intellectual property rights (IPR) clauses in international trade agreements as a means of securing investments and innovations. They contend that strong protection fosters innovation and ensures just compensation for intellectual property. On the other hand, developing countries like India argue that too strict intellectual property rights (IPR) regulations can hinder their ability to supply necessities, especially in industries like medicines where public health depends on affordable products.838 views -
The 53rd GST Council Meeting: Highlights and Economic Impact on India
Assistant Professor at MATS University, Raipur, Chhattisgarh, IndiaPages 1164 - 1172The introduction of the Goods and Services Tax (GST) in India in 2017 marked a significant shift in the country's tax system, inspired by the GST model first implemented by France in 1954. This paper explores the historical context leading to GST's adoption in India, beginning with the initial proposal by Union Finance Minister P. Chidambaram in 2006 and the subsequent formation of the "Empowered Committee of State Finance Ministers" to design the Value Added Tax (VAT) system. The implementation of GST aimed to consolidate various central and state taxes into a single, unified tax structure, simplifying compliance and enhancing economic efficiency. The relationship between GST and India's Gross Domestic Product (GDP) is examined, highlighting the positive effects on consumer spending, business expansion, and employment. The GST system, with its streamlined tax rates and reduced transaction costs, has encouraged economic activity and increased exports, contributing to higher GDP growth despite some initial fluctuations. The paper also addresses the changes introduced in the 53rd GST Council Meeting, including rate revisions and compliance simplifications, aimed at further optimizing the tax structure and boosting government revenue. Additionally, the paper analyzes the impact of GST on inflation through the Consumer Price Index (CPI), noting an initial rise in inflation rates post-implementation. Despite this, the overall benefits of GST in terms of economic growth, job creation, and revenue generation are significant. The recent adjustments in GST rates and structures are discussed, emphasizing the ongoing efforts to refine the system for sustainable economic progress. This study concludes that GST has been instrumental in transforming India's tax landscape, fostering a more business-friendly environment and contributing to the nation's economic development.622 views -
A Study Analysis on Psychological Consequences of Custodial Torture on Victim Exploring Long Term Effect and Potential Strategies in Tamil Nadu
Student at Saveetha School Of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), IndiaPages 1173 - 1185Custodial violence includes various kinds of torture that a person in prison, police custody as well as judicial custody undergoes due to various reasons. In developing countries like India custodial violence seems to be a serious problem as the majority of the population is still uneducated when it comes to various laws that protect their basic human rights. The objective of this research is To know the experience of victims who committed long term crime and facing custodial torture, to know some long term psychological consequences of custodial torture on victims, to analyze more about laws that preventing the custodial torture. This research follows an Empirical type of research and the sampling method used in this survey is a Convenient sampling method. The primary data which has been analyzed using SPSS with 200 samples collected. Independent variables like age, gender, education, occupation and dependent variables are victims may experience long term as the crime committed against them, categories of psychological torture, sollitary confinement alone in the cell for days on end with minimum environmental stimulation and social interaction effectiveness of law preventing in custodial death, the brazen bull is one of most brutal form of torture and psychological torture includes sollitary confinement and sleep deprivation. Even though the establishment of the National Human Rights Commission has provided a mechanism which can be easily accessed by the poor and helpless victims to get quick relief yet many cases of custodial violence have not been reported due to lack of awareness amongst the major population.844 views -
Beyond Domestic Violence: Can Marital Rape be Criminalized in India?
Student at CHRIST (Deemed to be University) Pune, Lavasa Campus, IndiaPages 1186 - 1198Marital rape is a critical issue in India that deserves urgent attention. From the ancient Anglo legal doctrine of coverture to an independent feminist culture, our world is full of perceptions, but how much of these have come to practice? Marriage is a religious sacrament that has come to define the moral, social, and economic obligations of the two individuals bound by each other in such matrimony. Our legal structure has molded the rights and obligations of the individuals involved in such an institution, while also maintaining the religious sanctity it carries. Despite the global recognition of marital rape, India remains among the 34 countries that have explicitly decriminalized this evil, whereas 77 countries have already criminalized marital rape. This paper aims to delve into India’s incongruence which persists, even in the new Bhartiya Nyaya Sanhita (BNS). While the Domestic Violence Act offers a crucial safety spectrum for victims of marital abuse, it cannot be equated with the violation of a woman's body and dignity through rape with a civil offense. Consent is essential for physical autonomy, which is an integral part of the right to make your own choices about your body. This includes decisions about medical treatment or sexual activity, among other things. At the end of the day, the individuals involved in the holy sanctity of marriage are two separate sovereign individuals who have decided to spend their lives together, thus criminalizing marital rape will be a step towards acknowledging the violation of a woman’s bodily autonomy and dignity she carries within the marriage. India is indeed a vast religious diversity, with varying meanings attached to the institution of ‘marriage’, however, such definitions cannot override the basic fundamental essence of equality and dignity which every citizen has an intrinsic right to. Thus, criminalization is a crucial step towards recognizing marital rape as the violation it is.602 views -
Review of Article “Regulation of Artificial Intelligence in BRICS and The European Union”
Research Scholar at Department of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, IndiaPages 1199 - 1202In 21st century, we are living in a globalized world. The contemporary society is being transformed through science and technology particularly with information technology. Computers, software, servers, search engines and data bases etc, have brought revolutionary or radical changes. Artificial intelligence is one of the emerging technologies that is going to bring radical transformation at global level. It has been said that there are merits and demerits of Artificial Intelligence. Law being an important tool of social regulation has a great challenge to regulate Artificial Intelligence. The old and existing laws and legal system are not adequate to effectively regulate Artificial Intelligence. There are very few countries that have recently enacted laws on Artificial intelligence. The European Union is one of the important institutions that has enacted Artificial Intelligence act in the year 2024. There are many challenges of legal regulation of Artificial Intelligence. These challenges include privacy concerns, surveillance through Artificial intelligence, Crimes and tort through artificial intelligence, infringement of copyright. This paper makes a humble attempt to present a brief analysis of emerging challenges to regulate Artificial Intelligence. The BRICS countries are considered as the fastest growing economies of the world, therefore it is imperative these countries must frame regulations for the Artificial intelligence to balance the economic growth with the right to privacy and other human rights in these countries. This paper is a review of paper “Regulation of Artificial Intelligence in BRICS And the European Union” which has been written by the renowned academician Damian Cyman. This paper is a humble attempt to review this article.549 views -
Deconstructing Queerness: Evolving Landscape of LGBTQ+ Community through Centuries
Student at St. Xavier's University, Kolkata, West Bengal, IndiaPages 1203 - 1211The paper analyses the conception of queerness as something ingrained in Indian culture, which directly contrasts those who see homosexuality as a Western importation. By studying old texts, the development of morality and current views it asserts that queer is an Indigenous idea that became oppressed by colonial and traditional power. The mention of queer acts can be traced back to a lot of texts which were written between the 4th century B.C.E. to the 13th century C.E. starting from Ramayana to Babarnama. There are a lot of ancient and medieval sculpture which depicts queer acts. The transition happened in the 19th century when such cultural diversities were brutally oppressed by the colonial government. One such act was criminalizing homosexuality by section 377 of I.P.C. It wasn’t until 2018 when the Supreme Court in the case Navtej Singh Johar v. Union of India, decriminalized homosexuality and removed a few parts of section 377. Although queer people were no more criminals in the eyes of the law, marriage right was still not provided. Due to this in 2022 one couple Supriya Chakrabarty and Abhay Dang knocked on the doors of the Supreme Court and filed a writ petition, regarding the legal recognition of queer couples. SC in the judgement discussed many things but denied giving such rights. It further discusses the economic inequality and exclusion faced by queer individuals, who are denied basic education, employment opportunities, and access to health care. It also examines the need for constitutional principles for queer empowerment and an inclusive society. Finally, after critically analyzing all the social, political and cultural factors, a holistic picture of contemporary India is given regarding queer population.712 views -
Long-Standing Issues in the Chit Fund Act, 1982: A Subscriber-Centric Perspective
Advocate and a PhD Scholar at the University College of Law, Osmania University, IndiaPages 1212 - 1220Chit funds are a vital financial instrument in India, particularly for low-income households often excluded from the formal financial system. Despite their historical significance and popularity, subscribers of chit funds face persistent issues that undermine their financial security and trust. The Chit Funds Act, 1982, designed to regulate the industry, falls short in areas such as subscriber protection, transparency, timely payouts, high commissions, dispute resolution, fraud prevention, and awareness. This article, explores these issues from a subscriber-centric perspective. The article traces the historical evolution of chit funds, from traditional community savings schemes to modern commercial enterprises, highlighting regional variations and regulatory developments. It examines the pre-enactment period, the establishment of the Chit Funds Act, 1982, and its impacts. Key subscriber rights and duties under the Act are outlined to underscore the intended legislative protections. A critical analysis reveals significant gaps in the Act leading to delayed payments, non-compliance by foremen, lack of subscriber awareness, ineffective dispute resolution mechanisms, financial mismanagement, and a lack of transparency. To address these issues, the article proposes strengthening regulatory oversight, enhancing subscriber education, streamlining dispute resolution, and implementing robust legal protections. Specific amendments to the Act are suggested to expedite dispute resolution, impose penalties for non-payment, and ensure fair treatment of subscribers. Recommendations aim to improve protections, foster transparency, and enhance the overall credibility of the chit fund industry. In conclusion, the article emphasizes the need for a comprehensive approach to reform the regulatory framework, safeguard subscriber rights, and ensure the sustainability of chit funds in India. By implementing these proposed solutions, the industry can better serve the financial needs of low-income households, maintaining trust and reliability in this traditional financial system.759 views -
Case Related to Undue Influence Under Law of Contracts: Lakshmi Amma Vs. T Narayana Bhatta
Student at Symbiosis Law School, Noida, Uttar Pradesh, IndiaPages 1221 - 1225In contract law, the principle of free consent is crucial because it safeguards agreements against coercion, duress, or misrepresentation, ensuring justice and equity. The legal matter of Lakshmi Amma v. T Narayana Bhatta provides an illustration of this principle's critical nature. With poor health and diminished mental ability, Narasimha Bhatta was purportedly persuaded to sign a settlement deed that was disputed for undue influence by his grandson, T Narayana Bhatta. The deed gave the grandson full ownership of Narasimha's holdings, but Lakshmi Amma, Narasimha's wife, filed legal challenges, claiming her husband signed the deed under duress and incompetence. Due to respondent's undue influence and Narasimha's mental state being compromised, the trial court initially declared the deed and will to be invalid. The Supreme Court affirmed this ruling, emphasizing that the deed was voidable due to the lack of free consent, as mandated by the Indian Contract Act of 1872. The respondent used his dominant position over the mentally and physically weak Narasimha to exert undue influence, as noted by the court. The case serves as a reminder of the court's examination of consent in contract law and the safeguards it provides against improper influence. It illustrates how the legal system keeps contracts equitable and keeps weaker parties from being taken advantage of. In order to maintain the integrity of legal agreements, this ruling upholds the idea that contracts must be entered into voluntarily and free from coercion or manipulation.1,509 views -
A Study on Identifying and Overcoming Key Challenges in Cybercrime Investigations
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), IndiaPages 1226 - 1237Cybercrime investigations are a crucial aspect of law enforcement and cybersecurity efforts in the digital age. These investigations focus on identifying, tracking, and prosecuting individuals or groups responsible for various forms of online criminal activities, such as hacking, identity theft, fraud, and more. They often involve skilled investigators, digital forensics experts, and collaboration with international agencies to gather digital evidence, trace the origins of cyberattacks, and bring cybercriminals to justice. The rapid evolution of technology and the sophistication of cyber threats continually challenge investigators to adapt and employ advanced techniques to combat cybercrime effectively. The major objective of this research is to to know the challenges faced by crime investigators when dealing with sophisticated hacking techniques, to analyze current trends and emerging patterns in cybercrime investigation, to analyze the ethical and legal issue in investigating cybercrime. This research follows an empirical type of research and sampling method used in this survey is a convenient sampling method. The independent variables like age, gender, education, occupation and dependent variables like major challenges faced by cybercrime investigators when dealing with sophisticated hacking techniques. Staying updated with evolving cyber threats is a major challenge for investigators. From this research it is found out that technology is the major challenge in investigating cybercrime and the legal issue is that the privacy of individuals is affected while investigating their profile . Balancing the need for investigation with individual privacy rights remained a challenge, prompting the development of protocols for handling personal data. Educating the public about cyber threats, safe online practices, and how to report cybercrimes to law enforcement.819 views -
Pages 1238 - 1268Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. The marketing concept is the philosophy that a firm must analyze the needs and wants of the customers and then make decisions to satisfy those needs, while maintaining a legal, just and ethical competition in the market. However, this was not the approach traditionally followed by the firms prior to the emergence of this concept in the mainstream market. Marketing Concept has evolved from the production and sales concept. Production concept stated that the firm must focus on the manufacturing of the product and if the product was profitable, it would sell itself without any external push. It stressed on the need to make the product, rather than the demand. Whereas, the sales concept which emerged around 1930s due to mass production which left little room for unfulfilled demand, promoted the thought where a product was produced, and subsequently, through advertisements and personal selling, the customer was convinced into buying the product. Sales concept, though, did not focus on whether there was an actual need of the product and neither did the production concept. In contrast, the contemporary marketing concept underscores the importance of analyzing and fulfilling customer needs while ensuring ethical practices and fair competition. This evolution reflects a significant change in how firms approach the creation, communication, delivery, and exchange of value in the market.810 views
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Prenuptial Agreements and Palimony in Live-In Relationships under National Perspective
Principal at School of Law, Rai University, Ahmedabad, Gujarat, IndiaPages 1269 - 1285This study examines how prenuptial agreements and palimony in live-in relationships function legally and socially in India. With changing socio-cultural dynamics, the study delves into the acceptance, enforcement, and challenges surrounding prenuptial marriage agreements, as well as the recognition and legal standing of palimony in relationships without formalized unions. A comparative analysis is conducted to understand the regional variations in applying and enforcing prenuptial agreements, considering factors such as economic disparities, cultural traditions, and gender dynamics. The study also investigates the evolving nature of family structures and the role of prenuptial agreements in adapting to these changes. Furthermore, the research explores the legal safeguards, if any, available for unmarried couples without formal agreements. The impact of mediation and alternative dispute resolution mechanisms in resolving conflicts related to prenuptial agreements and palimony is scrutinized, providing insights into potential avenues for amicable dispute resolution.674 views -
A Comparative Legal Perspective on the Legal Framework Governing Public Involvement in Environmental Decision-Making
Student at Amity University Chhattisgarh, IndiaPages 1286 - 1298Public engagement has grown to be a crucial a factor in environmental decision-making, such as the several ways that governments are addressing climate change, despite some doubts about its efficacy. Nonetheless, the body of current research tends to discuss the broad advantages of public involvement in environmental issues rather than delving into the specifics of how it happens and how it varies throughout countries—even those that are ostensibly pursuing identical public participation objectives. In order to close that knowledge gap, this article looks at the crucial role that law plays in determining how the public can actually participate in the process of making decisions about the environment across national boundaries, including the development of national agendas in order to lower emissions of greenhouse gases and get ready for the repercussions of climate change.506 views -
Gendered Patterns of Crime in India: A Feminist Criminology Perspective
Research Scholar at CT University, Ludhiana, Punjab, IndiaPages 1299 - 1309This study considers the fundamental propositions of the feminist perspective in criminology, which not only reshape the crime causation, victimization, and criminal justice issues, but also acknowledges the existence of the gender-based dimension in considerations for the criminal justice system. The cornerstone of feminist philosophy is the acknowledgment of patriarchal basis where power structures are set in such a way as to favor men over women and thus create gender inequalities. Existing criminological theories often fail to address gender in the treatment of offenders and victims, excluding the complexity experienced by women and LGBTQ+ individuals in oppression and marginalization. The theory of feminist criminology has been developed focusing on how gender and the aspect of intersectionality influences the crime and justice system. Moreover, feminist criminologists are interested in the fact that victimization is gendered, therefore focusing on the groups most vulnerable to violence such as women, children and LGBTQ+ community members. Conventional crime theories often overlook or disregard victim’s experiences, which end in keeping the narratives of victim-blaming and also in providing insufficient support and resources for those survivors. Rather than reacting to these observations with retributive justice, feminists are increasingly insisting on restorative justice approaches that consider healing, empowerment, and communal accountability as essential. Among the restorative justice practices and survivor-centered interventions is grassroots organization that emerge as viable alternatives to traditional punitive responses, thereby a more inclusive, empathic and socially change oriented society is formed.1,096 views -
A Comparative Study of the Concept of Dissolution of Marriage in Islamic Law in India, Indonesia and Malaysia
Advocate in IndiaPages 1310 - 1327The present research focuses on analyzing the divorce jurisprudence among the Muslim communities in India, Malaysia, and Indonesia, shedding light on the intricacies of the legal systems in these jurisdictions. The background of the research delves into the historical context and societal values that have contributed to the current situation of high divorce rates in these countries. The research also presents specific details regarding the factors and reasons behind the increasing trend of divorce in these societies. Furthermore, the key findings of the research highlight the significant role played by various socio-economic factors in influencing the dissolution of marriage through divorce and provide insights into the main perspectives associated with this trend.815 views -
Comparative Analysis of Global Drug Possession and Trafficking Laws: Legislative Approaches and Socio-Legal Outcomes
Assistant Professor at VPP Law College, IndiaPages 1328 - 1336The present research examines how different nations have approached drug possession and trafficking laws, focusing on legislative structures, methods of enforcement, and socio-legal consequences. By analysing case studies from Portugal, the Netherlands, Singapore, and Mexico, the study provides a thorough understanding of how various legal systems handle drug-related offences and their ramifications for public health, crime rates, and social equity. In the US, the "War on Drugs" has resulted in harsh laws and high incarceration rates, particularly affecting minority populations. Recent policy trends towards decriminalization and legalization of substances like cannabis indicate a shift. Portugal's decriminalization model, implemented in 2001, views drug possession as a public health issue, reducing drug-related deaths and HIV infections. The Netherland’s liberal stance, especially on cannabis, emphasizes harm reduction and regulated control, stabilizing drug use rates. Conversely, Singapore's zero-tolerance policy enforces severe penalties, including the death penalty for trafficking, maintaining low drug use but raising human rights concerns. Mexico's struggle with cartel-related violence and corruption highlights the challenges in enforcement, despite recent measures to decriminalize personal use and focus on public health. This research addresses common issues such as resource limitations, technological advancements, and the moral and legal implications of stringent drug prohibitions. The comparative analysis underscores the need for sensible and practical drug policies that prioritize public health, social justice, and human rights. Policymakers worldwide can learn from these diverse experiences to create more equitable and effective drug policies, enhancing public health outcomes and minimizing drug-related harm.1,259 views -
Pages 1337 - 1345The fast forward of Internet in the health and medical industry is experiencing an detonation of cyberchange from health care, e- communications to e-commerce and e- care. Day by day and hour by hour new developments were emerging which may have pros and cons. Patients who seek health care through online were termed as e-patients and they can conveniently consult the physicians so called cyberdocs from their home throughout internet. The e- health care system has been gradually converting the hospital centric system to patient centric. Though e-health is one of the saviour for many patients during this pandemic, the ambushments behind this technology were unknown to the people. E-health poses ethical challenges like online professional practices, informed consent and equity issues. It also leads to numerous legal problems like jurisdictional issues, privacy issues and many other issues relating to remedies available for the affected parties. This article signifies the power of internet on E- health and thereby analyse the existing laws regulating electronic health.609 views
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It is no more a concept unknown to anyone anymore that climate change has been happening drastically and has been disproportionately affecting vulnerable communities and exacerbating existing socio-economic disparities. Human being have forgotten that there is going to be no life is the climate is deteriorated and therefore, it poses upon every human being, an indefeasible duty to understand about climate justice and move towards development only by keeping it in the minds. Through this research paper, the researcher will make an attempt to explore the critical intersection of climate justice and climate-resilient development, emphasizing the need to aid between these two concepts. Climate justice, rooted in the principles of equity, conscience and fairness, highlights the ethical and moral imperative to address climate change impacts that has been disproportionately affecting the marginalized populations. Climate-resilient development, on the other hand, focuses upon developing capacities that are adaptive to withstand climate-related risks. This paper will highlight that achieving true sustainability necessitates an integrated and balanced approach that has the ability to incorporate both climate justice and climate-resilient development and also the recent reports of Climate Change Performance Index showing the very recent status of climate. It will examine the challenges and opportunities in this endeavor and will provide recent and landmark examples of successful initiatives and policies that has strived, if not completed, the balance between environmental protection and social equity. The synthesis of these two critical domains is essential for shaping a sustainable future where all individuals and communities can thrive despite the challenges posed by a changing climate.532 views
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Justice At the Grassroots: The Impact of Ward Tribunals in Tanzania Mainland
LLM Student at Tumaini University Dr Es Salaam College, TanzaniaPages 1362 - 1381The article explores the effectiveness of the ward tribunals in Tanzania in promoting justice at the grassroots level. Ward Tribunals are community-based institutions that aim to provide accessible and affordable justice to local communities. However, the article finds that Ward Tribunals have been faced with some challenges such as the tribunals are sitting once a week thus legal services are not provided timely and most of the cases take longer to be heard at an average of six months. The challenges in handling cases in the tribunals have made the quality of legal services in tribunals unsatisfactory. This notion has been associated with residents' limited understanding of by-laws passed by tribunals, corruption, limited understanding of laws and legal procedures among tribunal members, poor working infrastructures like courtrooms, offices, and inadequate rooms to accommodate the claimants and defendants stationeries. Both analyses of primary and secondary data revealed that poor governance of ward tribunals affects their effectiveness in dispensing justice as ward tribunals. However, despite the challenges, ward tribunals have not been without important achievements. Ward Tribunals also, have been successful in improving access to justice, reducing case backlog, and increasing community participation in disputes in dispute resolution. The above analysis and conclusion indicate that, the establishment of ward tribunals was a good idea, but its governance has to be improved so that they can be effective in dispensing justice. It is hereby recommended that to improve the effectiveness of ward tribunals in dispensing justice, ward tribunals need to have good facilities like buildings, furniture, and remunerations to members and secretaries be permanent and pensionable employees of the local government where the ward tribunal situates as required by law. The study underscores the importance of community-based justice mechanisms in enhancing justice delivery at the grassroots level in Tanzania.838 views -
Assessing the Impact of Technological Advancements on Stock Market Volatility in India
Student at Amity Law School Kolkata, Amity University Kolkata, West Bengal, IndiaPages 1382 - 1389In the light of ongoing economic and financial sector reform initiated by the Indian government since 1991, India's capital market has undergone liberalisation for more than two decades. The increased free flow of capital in and on markets that fostered integration is driven by the emergence of information technology, considerable deregulation and harmonization. Market integration results in volatility being transmitted between different markets and within the market as a whole. Increased volatility in equity returns is a common concern that has arisen with these developments. The level of uncertainty or risk related to the size of a security price change is measured as volatility. Volatility is a measure of variability in dispersion with respect to the central tendency. When volatility is high, it means that the security's value can be shared between many values. That is to say, prices of securities could change dramatically in both directions within the short term. The present paper examines the impact of derivatives trading on the stock market volatility. In case of rapid growth or sharp drop in stock markets over a short time period, the market is deemed to be 'volatile.' The volatility in stock markets worldwide has been a concern not only for India's policymakers, but also to investors around the world. Investors are interested in knowing how much volatility or risk they're exposed to, as stocks that are more volatile tend to be riskier. Derivatives are amongst the most preferred tools available for market participants to manage their risks in today's securities trading.1,108 views -
A Critical Analysis on Ritualistic Animal Slaughter and Violation of Article 21 of Indian Constitution, 1950
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), IndiaPages 1390 - 1415The purpose of this research is to do a critical analysis on ritualistic animal slaughter and violation of article 21 Indian constitution. Article 21 of the Indian constitution deals with protection of life and liberty which includes the right of life of an animal too. This has been explicitly stated in the case of Animal Welfare Board of India v. A.Nagaraja(2014), but contradictory to this judgement, in India animals are being subjected to cruelty in the name of religion. The practice of animal sacrifice is done as religion acts as a facade. The researcher withdraws this work to satisfy her curiosity, to take a glance in people’s mind about this issue, collect their different opinions, To know whether there is enough protection for animals in India with respect to locality, To find out whether animals can be sacrificed for religious purposes with respect to educational qualification, To determine the reasons why this ritualistic animal sacrifice is done with respect to educational qualification, To examine how much sacrificing animals affects public morality, To find out on how to combat animal sacrifice for religious purposes. In this research descriptive research is used for the purpose of the study. It helps to understand the behaviour of an individual, group or a society. The method of collecting samples is random sampling . The sample size is 205. The independent variables used in this research are Age, gender, locality, occupation, Educational qualification. The dependent variables used in this research are Protection for animals, animals be sacrificed for religious purposes, superstitious beliefs, societal pressure, ancient customs, for food purpose, animal sacrifice affects the public morality, be humane on our part, authorities should not be influenced, not being influenced by any superstitious belief, practice the religion in a nonviolent way, government should take initiatives to dissuade people from sacrificing animals under the pretext of religion, incentivising people who are pursuing the cause of animal rights, stringent mechanisms for individual who violate the laws. Tool used is graphical representation. It is concluded that even though the majority of people agree that these animals should not be killed for religious purposes, there are certain factors like customs and practices that they feel obligated to, due to their religion.856 views -
Left in the Shadows: The Fallout of India’s New Penal Code for Men and the Transgender Community
Student at Gujarat National Law University, Gandhinagar, IndiaPages 1416 - 1419The recent changes to the Indian criminal justice framework mark a considerable shift from its colonial past. The three new Acts that have replaced the Indian Penal Code, Indian Evidence Act, and the Criminal Procedure Code are an attempt to modernise the legal system, which, prima facie, appear progressive, such as the criminalising of sexual intercourse with a minor wife as rape. However, the Bharatiya Nyaya Sanhita (BNS), which has replaced the IPC, raises major concerns for men and the transgender community in India. The entirety of Section 377 of the IPC has been omitted in the new Act, which leaves these communities with no legal recourse in case of sexual assault or rape. The transgender community is one of the most vulnerable communities in society as it is, and without the protection of the law, they may be prone to acts of deplorable violence. This paper will shed some light on social hierarchies and patriarchal norms that influence the way both individuals and the law view sexual offenses. Further, it discusses the impact of such a move on the aforementioned communities, and calls for gender-neutral rape laws and analyses The legal gap that exists herein violates the fundamental right to equality guaranteed by the Indian Constitution under Article 14, which is explored in detail.762 views -
Balancing Innovation and Competition: An Analysis of Intellectual Property Rights and Antitrust Law in India
Assistant Professor at DR. K.N. Modi University, Newai, Rajasthan, IndiaPages 1420 - 1442This research paper, "Balancing Innovation and Competition: An Analysis of Intellectual Property Rights and Antitrust Law in India," delves into the intricate interplay between intellectual property (IP) rights and competition law within the Indian context. As India continues to emerge as a significant player in the global knowledge economy, the need to harmonize IP protection with competitive market practices becomes increasingly critical. This paper explores the dual objectives of fostering innovation through robust IP rights while ensuring that market competition remains fair and dynamic. The analysis begins with a comprehensive overview of India's IP legislative framework, including the Copyright Act, Trademarks Act, Patents Act, and the Protection of Plant Varieties and Farmers' Rights Act. It then examines the role of the Competition Act, 2002, and its enforcement by the Competition Commission of India (CCI) in addressing anti-competitive practices that may arise in the context of IP rights. Through a detailed examination of key cases and regulatory practices, the paper highlights the challenges and opportunities of balancing IP enforcement with competition principles. It addresses issues such as monopolistic practices, patent thickets, and the abuse of dominance, analyzing their impact on innovation and market competition. The paper also draws comparisons with international practices to provide a global perspective on managing the tension between IP rights and competition law. Ultimately, the research aims to offer policy recommendations for refining India's legal frameworks to better support both innovation and competitive market structures, ensuring that IP rights contribute to, rather than hinder, a vibrant and equitable economic landscape.873 views -
A Study on Impact of Environmental Laws on Sustainable Management of Resources
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, IndiaPages 1443 - 1467Environmental law refers to a body of laws, regulations, and treaties that aim to protect the environment and natural resources. It encompasses various aspects such as air and water quality, waste management, conservation of wildlife and habitats, land use planning, and environmental impact assessments. Environmental laws are designed to prevent pollution, promote sustainability, and mitigate the negative impacts of human activities on the environment. They often involve a combination of national, regional, and international regulations to address environmental issues on different scales. Sustainable development is an approach to growth that seeks to balance economic progress with environmental protection and social equity. It aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This involves integrating practices that reduce environmental impact, such as using renewable resources, minimizing waste, and promoting energy efficiency. Socially, it emphasizes inclusivity, ensuring that benefits are shared equitably and that communities have a say in decision-making. Economically, it supports long-term stability rather than short-term gains. By fostering this balanced approach, sustainable development aims to create a healthier, more resilient world for everyone. This research investigates the profound influence of environmental laws on the sustainable management of resources. In an era marked by escalating environmental concerns and dwindling natural resources, the efficacy of legal frameworks in fostering sustainability warrants rigorous examination. Through a comprehensive review of pertinent literature, this study explores the evolution and implementation of environmental laws globally. Secondary data from literature review and primary data from 202 samples collected through questionnaires has been utilised to conduct this research. The study has concluded that environmental law aims to promote sustainable resource management by implementing pollution control measures and focuses on biodiversity conservation for resource management.1,056 views -
Analysing India’s Cyber Security Landscape: Strategies and Measures for National Defence in the Face of Cyber Threats
student at , IndiaPages 1467 - 1479Protecting national cyber limitation is an essential responsibility for all governments in an era defined by digital interconnection. This article looks at this stage of cyber security in India, evaluating the challenges presented by online threads and recommending comprehensive strategies and methods for the country’s defence. India can enhance its cyber security posture by recognising the dynamic nature of threads, directings resource towards cyber resilience, developing partnership between the public and private sector strengthening legal and policy framework and placing a high priority on cyber hygiene and awareness. The article also provide information about India’s cyber security issues and strategy method for successfully reducing cyber threats to protect the country’s digital future.648 views -
Benefits, Challenges & Effectiveness of Class Action Suits in Enhancing Corporate Governance in India
Student at Thakur Ramnarayan College of Law, IndiaPages 1480 - 1489The contribution of class action suits in enhancing corporate governance standards in India is gradually assuming importance as corporate entities evolve and shareholders’ expectations grow. Class action suits enable various groups with similar complaints to fight corporate injustice and are effective for minority shareholders. The Satyam scandal in 2009 made it imperative to have such mechanisms and thus the provisions of class action were incorporated in the Companies Act, 2013. Nevertheless, they are still not very common because of high qualifying standards and formalities involved; the National Company Law Tribunal (NCLT) has been appointed as the court for these kinds of suits. The advantages of class action suits include shareholders’ power, legal enforcement, fraud prevention, collective relief, and judicial economy. They allow minority shareholders to seek change of undesirable corporate actions, compel organizations to be socially responsible, and are cheaper means of seeking redress. However, they include high eligibility thresholds, ambiguous legal provisions, legal uncertainty, risk of abuse, and funding difficulties to mention but a few. Solving these problems presupposes the improvement of the legal regulation, the clarification of the provisions, and the creation of conditions for the collective shareholders’ actions. The Satyam scandal and the Nestle Maggi noodles case are two examples of how class action suits have affected corporate governance by raising the level of accountability, regulation, shareholders’ power, and corporate culture. The future of class action suits in India is bright with prospects of higher use, case law development, increased corporate governance, and globalization in the future. Proposals for change are to reduce the thresholds for eligibility, to provide clarity on legal provisions, to discourage abusive litigation, to encourage the growth of a litigation funding market, to increase awareness, to enhance regulation, and to allow cross-border class action.1,110 views -
Art and AI: Who Owns the Rights to AI-Generated Content?
Student at Dharmashastra National Law University, Jabalpur, IndiaPages 1490 - 1493Artificial intelligence (AI) is a powerful technology that can create amazing works of art but the question arises - who owns the entitlement to these creations? This paper examines the legal implications and difficulties associated with artificial intelligence (AI)-generated content in relation to intellectual property rights. It explores the current status of the law in India and other jurisdictions and looks at the questions of authorship, originality, and ownership of works produced by AI systems. The paper suggests possible ways to address the gap between the existing legal framework and the emerging reality of AI creativity backed up with arguments about the current laws and inadequacy to deal with the complexities whilst it highlights the ethical and social aspects of AI creativity and calls for an inclusive approach to foster innovation to protect human interests.680 views -
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 And 2023 Amendment: Regulation of Media and It’s Ethico-Legal Challenges
Assistant Professor at KLE College of Law, Navi Mumbai, IndiaPages 1494 - 1505‘Technology is a rapidly growing part of today’s society. It has not only changed the community’s way of living but also the very existence’. As time progresses, humans continually develop new technologies to simplify their lives. In India, the Information Technology Act of 2000 stands as the sole legislation addressing technology-related issues comprehensively. Other laws, such as the Indian Penal Code, the Indian Evidence Act, and the Prevention of Money Laundering Act, among others, touch upon certain aspects related to technology within their respective scopes, but they do not provide a comprehensive framework for addressing technology-related matters. Now, by seeing the development of social media and all new technology, and raising problems, cyber security issues, the Indian government is trying to regulate this field and for that matter, the Ministry of Electronics and Information Technology (“MEITY”) and the Ministry of Information and Broadcasting (“MIB”) on 25.02.2021, notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The IT rules,2021 mandate the retention of user data by intermediaries for use by government agencies and identification of 1st originator of the information on messaging platforms. And it also empowers the government to identify the fake news on the internet in respect of the government and block it without giving proper opportunity of being heard. These both rules are important to regulate the unregulated sector that is digital media. Because, the growth of digital media has been accompanied by a growing concern around issues such as fake news, hate speech, and privacy breaches, soft pornographic content, content that is likely to incite violence. By adhering to this code of ethics, digital media platforms will help to ensure that they are promoting responsible and ethical behavior and that they are not contributing to the spread of harmful content. But on the other hand the issue is related to the right to privacy, free speech. The rules are clearly infringing fundamental rights under the name of responsibility and ethics. The researcher has undertaken the topic to study and to evaluate the provisions made by the government to regulate the digital media along with their ethico-legal challenges.1,664 views -
Right against Disinformation in Digital Era: A Critical Study
Research Scholar at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1506 - 1517In today’s globalized world people reliance on technology and internet has been astonishing and it is becoming the core fourth generation human right. Technology and Internet comes with its own advantage and disadvantage. In the age of Internet fake news has become a big menace and social evil. The problem of fake news is not a new issue it existed even during the ancient times. The history states that around 2000 years ago in ancient Rome Octavian launched a fake news war against Mark Anthony to capture the kingdom and after the advent of printing press fake news was circulated to tarnish the image and reputation of the King . Now the outburst of internet has led to increased proliferation and explosion of fake news resulted in violence which gives people anonymity and geographical distance to be aggressive or unaccountable. Fake news in India refers to misinformation or disinformation in the country which is spread through word of mouth and traditional media and more recently through digital forms of communication such as – morphed images or edited videos, click-baits, motivated stories, hate speech, memes, unverified advertisements, and social media propagated rumours etc. Information disorder pose a major threat to security, sovereignty and integrity of India and impact various rights like right to free and fair elections, right to health, right to non- discrimination, right to life, right to privacy, right to freedom of opinion and expression. Disinformation and fake news are not new concepts; in fact, the term has been around since the 1950s. For many years, to influence people's political beliefs, individuals, organizations, and governments have attempted to damage public opinion by exposing them to fabricated or false information. In 2020, the number of cases filed against people 'circulating fake/false news/rumours' under Section 505 of the Indian Penal Code (IPC) has increased by 214%, according to the National Crime Records Bureau . Thus, it is the need of the hour to investigate the menace of fake news from a human rights perspective.667 views -
Gender Roles and Female Characters in Victorian Literature: A Critical Analysis
IQAC Coordinator at Career College of Law, IndiaPages 1518 - 1527The enthralling world of Victorian literature is brought to life for us in this research paper, where gender roles and the portrayal of female characters take center stage. A tremendous change in the status and portrayal of women occurred throughout the Victorian era, which was characterized by fundamental societal, cultural and political developments. This change is intimately woven into the literature of the period. The investigation covers a wide range of topics, from the idealized representation of women as role models for virtue and domesticity to the complex myths surrounding fallen women, redemption and the societal repercussions that follow. It is analyzed for deep insights into the evolution of feminist viewpoints, championed by outstanding female authors who contested ingrained patriarchal standards. An attempt is made to explore the complex relationship between social class and gender, examining how this dynamic affected the roles and possibilities open to women from a variety of backgrounds. Last but not least, the development of female characters all through the Victorian era, observing the emergence of the "New Woman" archetype and her significant impact on the literary scene are also touched. This research highlights the complexity of Victorian writing and highlights its singular capacity to both reflect and challenge prevailing social expectations for women and offering remarkable insights into the cultural transformations that characterized the Victorian age, through the various landscapes of idealization, decline and transformation. . Not only historical perspective but also acknowledge the ongoing influence of literature on the current conception of gender roles is also focused1,751 views -
Fictional Character Protection through Copyright
Student at Libra College of Higher Studies, Dehradun, IndiaPages 1528 - 1533The protection of fictional characters through copyright in India is a nuanced area of intellectual property law that has significant implications for creators, the entertainment industry, and the broader cultural landscape. Fictional characters, which often become central to various forms of media such as books, films, television shows, and comics, hold substantial economic and cultural value. The Indian legal system provides a framework for the protection of these characters, ensuring that creators can secure their rights and benefit from their creations. This comprehensive analysis explores the scope and effectiveness of copyright protection for fictional characters in India, examining statutory provisions, case law, and the challenges posed by emerging digital technologies. Copyright is a kind of legal protection that an author bears for the exclusive use of his creative work. The duration of the granted copyright is fixed.823 views -
Pages 1534 - 1559In the digital age, content creators have become influential figures, shaping consumer behavior and online shopping preferences. This study investigates the role of digital content creators in influencing the online shopping decisions of consumers. Through a mixed-methods approach, incorporating both quantitative surveys and qualitative interviews, this research explores the extent to which content creators impact consumer preferences, trust, and purchase intentions. The findings indicate that digital content creators play a significant role in shaping consumer behavior, with a notable impact on brand perception and product desirability. Factors such as authenticity, engagement, and the perceived expertise of content creators emerge as crucial elements in their influence. Additionally, the study examines the effectiveness of different types of content, including reviews, tutorials, and lifestyle posts, in driving consumer engagement and conversion. The results underscore the importance for brands to strategically collaborate with content creators to enhance their digital marketing efforts. This research contributes to the understanding of digital marketing dynamics and provides insights for marketers aiming to leverage content creators in their strategies.597 views
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International Policies and their Role in Shaping Corporate Environmental Responsibility: An Overview
Research Scholar at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1560 - 1569Corporate Environmental Responsibility (CER) is an evolution of the broader concept of Corporate Social Responsibility (CSR), reflecting a growing recognition of the need for businesses to address environmental issues specifically. CSR, at its core, involves companies taking responsibility for their impact on society and the environment, going beyond mere compliance with legal requirements to engage in ethical practices that benefit both stakeholders and the community. CSR encompasses a wide range of activities, from supporting charitable causes to ensuring fair labour practices and promoting ethical business operations. As global environmental challenges have intensified, CER has emerged as a distinct focus within CSR, emphasizing the necessity for companies to address environmental concerns more rigorously. International policies play a significant role in shaping CER by setting standards and frameworks that guide corporate behaviour in relation to environmental sustainability. These policies, such as the Paris Agreement and the United Nations Sustainable Development Goals (SDGs), establish global benchmarks for reducing greenhouse gas emissions, managing resources efficiently, and mitigating pollution. For instance, the Paris Agreement mandates emission reduction targets that influence corporate strategies, prompting companies to adopt cleaner technologies and sustainable practices. The SDGs encourage integration of sustainability into business operations, addressing critical issues like responsible consumption and resource management. By aligning with these international frameworks, businesses not only comply with global standards but also contribute to broader sustainability goals. This article examines CER which was a specialized extension of CSR, focusing on environmental stewardship guided by international policies and how these policies have influenced corporate behaviour, leading businesses to balance their economic activities with environmental protection.593 views -
Agriculture is considered to be the backbone of our country and major source of GDP is from the agriculture sector. In India, the agricultural sector is the largest in terms of workforce employment. The condition of agricultural workers is very worsened in state. The workers in this sector is mainly classified into wage workers and farmers, the entire agricultural sector is unorganized workers they do not have any formal social security measures and not a regular working condition. Agricultural worker is a cornerstone of the global food system, yet it remains one of the most challenging and underappreciated sectors of the workforce. This paper explores the multifaceted dimensions of agricultural worker, focusing on issues such as employment conditions, wage disparities, and health and occupational hazards. The changing nature of agriculture production and increased use of chemicals and machinery is aggravating risk in agriculture sector. Agricultural workers are faced the challenges like seasonal employment which lead to an unemployment and underemployment in agriculture sector. Agricultural workers, who are predominantly landless and constitute a significant portion of rural society, primarily rely on daily wage employment within the sector. Due to their low income and irregular employment, they lead an insecure and underprivileged life, with minimal social security support provided by the government. The agriculture sector faces a significant problem of both unemployment and underemployment. To meet their subsistence level, they need to migrate other sectors and this will lead to the growth of labourers in non-agricultural sector. This paper aims to provide a comprehensive understanding of how legal and social interventions can address the issues of agricultural workers.843 views
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The Issue of Inclusion of Non-Signatories in Arbitration Proceedings
Advocate at High Court of Delhi, IndiaPages 1579 - 1589Arbitration has long been lauded for its equitable nature, offering a peaceful resolution to disputes through discussion rather than force. In general, arbitration agreements, as contractual agreements between two or more parties, bind them to arbitration proceedings. However, non-signatory parties may also find themselves bound by arbitration agreements through various legal doctrines including alter ego, agency, estoppel, assignment and third-party beneficiary. Another doctrine which has exponentially expanded the jurisdiction of arbitral tribunals is the Group of Companies doctrine allowing for the inclusion of non-signatory affiliates within the scope of arbitration agreements. The Group of Companies doctrine was invoked for the first time in the Chloro Controls case and since then, Indian Courts have relied upon it to bind non-signatory parties to arbitration proceedings. This article explores the binding nature of arbitration agreements on non-signatory entities, examining such legal doctrines and drawing insights from landmark cases. The article, further, traces the evolution of law and decisions taken by the Supreme Court of India where dispute arises in multi-party transactions and some liability lies on the non-signatory party who was initially not a part of the arbitration agreement.659 views -
Nuclear Disarmament and International Law: Contemporary Developments and Challenges
Research Scholar at Department of International Law, Tamil Nadu Dr. Ambedkar Law University Chennai, IndiaPages 1590 - 1602Human beings have the right for healthy and safe life in a flourishing environment. For centuries the agendas of the population and people in power kept changing, and with big leaps of two world wars, nations witnessed the dynamic shifts in their policies. The ending of world war II with atomic bombing on Japan, revealed the scientific development of the nuclear weapon and its catastrophic impact, Followed by cold war and nuclear threats, global community understood the need for Nuclear disarmament, and safe handling of nuclear materials. There is an acknowledged tension among the world population, on the presence of devastating nuclear weapon, even the scientists who are in the filed are terrified by the extent of the damages the usage of such weapons could cause, all the above have created the movement and active campaign, diplomatic works towards the nuclear disarmament. The article will explain the capacity, effect and various upgradation of nuclear weaponry, and the International legal instruments addressing the nuclear disarmament. Also the approaches taken by International law, international institutions along with the contemporary developments and challenges. The work further emphasis the need for the complete ban of nuclear weapons; safe and harmonious process of nuclear disarmament, in the tensed geopolitical climate. The article will have a multidisciplinary approach, identifying the, social, economic, and human impacts, that shall be severe, irreversible if not a complete nuclear disarmament is achieved paying way for the real sustainable development, in a nuclear weapon free world.1,084 views -
By overturning Section 377 of the Indian Penal Code partially, the Apex Court decriminalized homosexuality on September 6, 2018. It is believed that despite of this epic victory, the LGBT population in India still face numerous legislative and legal challenges that need to be addressed to provide them with complete justice and freedom. It continues to be denied equal rights in numerous areas, including marriage with one's choice, adoption of children, surrogacy, inheritance of property of one's partner, as well as the right to divorce, alimony payment, the ability to charge one's partner, and acquiring custody of children. The quest for equal rights persists in various domains, encompassing matrimonial selection, child adoption, surrogacy, inheritance of conjugal estate, divorce entitlements, spousal maintenance, the capacity to litigate against one’s partner, and the attainment of child custody. Despite these myriad endeavors, parity in these aspects remains elusive. Under various statutes such as the Employees’ Provident Fund and Miscellaneous Provisions Act , Pension Act , Workmen Compensation Act , Insurance Act and Housing Laws; non-consanguineous or non-affinal associations are not eligible for Social Security benefits. The removal of the colonial law is only one of several obstacles the LGBT community in India must face to gain legal acknowledgment of their rights. The primary objective of this research is to conduct an analysis of the apertures that exist in relation to the legal status of the LGBT community within India, specifically with respect to family laws.648 views
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One of the main features of the Indian economy is the existence of a “big” government. The Indian political system consists of the federal, state, and local governments, as well as a number of different local self-governance organizations. This implies that a single business entity might be governed by a multitude of federal, state, and local laws, such as those pertaining to registration and approvals needed to start and run a business, compliance, reporting requirements, inspections, and the exercise of discretion by different levels of government officials. Furthermore, government-owned businesses dominate a number of industries, including infrastructure and financial services. Any organization wishing to conduct business in India will inevitably have to deal with the government (in all of its manifestations) and government-owned businesses. Indian laws and regulations frequently provide government employees and agencies a great deal of discretion, which can make dealing with the government difficult and time-consuming. Even though there are many strict anti-corruption legislations in India, corruption is still widespread there. Nonetheless, a growing public discontent with corruption and its consequences for the Indian economy has been evident in recent years. Public opinion has been strongly against corruption over the past few years, and prominent cases of corruption have grown to be significant political issues. Transparency International reports that India’s ranking among 180 nations in the Corruption Perceptions Index (or “CPI”) has improved by one spot, to 85 (from 86 in the previous two years). The current Indian administration has also adopted a strict position on matters of corruption and has pushed for the passage of a number of laws intended to combat corruption in India, some of which are detailed below. Most significantly, over the past few years, enforcement agencies have changed their approach and begun vigorously enforcing anti-corruption laws in India against those who engage in corrupt activities as well as their advisors, auditors, and other agents who either condone or deny the existence of such practices. They have received support in their efforts from civil society and the judiciary, which has been actively involved in monitoring corruption cases.906 views
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Modernizing India’s Caste Reservation System: Divide Without Discrimination
Student at Christ University Pune, IndiaPages 1644 - 1655This paper explores the complexities and evolving nature of the caste reservation system in India, emphasizing the need for a nuanced understanding of social justice in contemporary society. Using an illustrative scenario of two sisters from the general caste, the paper delves into the implications of caste-based reservations, where one sister benefits from marrying into a backward caste, highlighting perceived injustices. The historical roots and socio-cultural underpinnings of the caste system are examined, referencing Hindu mythology and the Bhagavad Gita to understand its foundational concepts. The paper also reviews the landmark "Indra Sawhney vs. Union of India" case, summarizing the Supreme Court's judgments on the identification of backward classes and the criteria for reservations. Key observations from the Kerala State Commission for Backward Classes are analyzed to illustrate the criteria for social backwardness. The paper argues that the traditional criteria for backwardness, while relevant historically, may not fully address the current socio-economic realities faced by individuals from all castes, including those from the upper caste who now face similar hardships. It calls for a re-evaluation of the reservation policies to ensure they serve their intended purpose of promoting equality and social justice without discriminating against other sections of society. The paper concludes by emphasizing the importance of adapting laws to the modern socio-economic context to maintain fairness and equity in opportunities for all citizens.888 views -
Censorship vs. Freedom: The Digital Age Debate on Speech and Expression
Student at KIIT School of Law, IndiaPages 1656 - 1665The advent of the digital era has ignited a fiery clash between the tenets of free speech and the call for content moderation. In this age of boundless information exchange, the internet acts as a vast, uncharted territory where voices can echo without restraint. However, this newfound liberty has also unveiled a Pandora's box of challenges, with the proliferation of hate speech, disinformation, and potentially harmful content. On one side of the divide stand the advocates of unfettered expression, who view any form of censorship as an affront to democratic principles and a slippery slope towards oppression. Conversely, proponents of moderation argue that certain forms of speech can inflict real-world harm, necessitating reasonable limitations to safeguard societal well-being. This polarizing debate has far-reaching ramifications, transcending the realms of individual rights and public discourse, ultimately shaping the role of technology giants as arbiters of the digital realm. As societies navigate this intricate labyrinth, striking the delicate equilibrium between preserving free speech and addressing legitimate concerns emerges as a paramount challenge in the digital age.3,977 views -
The Constitution of Mauritius and the Importance of the Right to Equality in a Plural Society
Student at Open University of MauritiusPages 1666 – 1696The right to equality is an essential constitutional tenet and the right to equal treatment before the law is its inevitable outgrowth and complement. In the Constitution of Mauritius, the specific section relating to equality, section 16, provides for protection of the citizen against discrimination on specific grounds under given circumstances. In its effect, this provision is limited both in its scope and its ambit and does not adequately protect the right to equality, as will be demonstrated in the present article. This provision is in fact remote from the right to equality and equal treatment before the law as propounded in other constitutions such as the Constitution of India and the Constitution of South Africa. Equality takes an even greater importance when viewed from the spectrum of a plural society with a high cultural diversity with underlying communal susceptibilities as in the case of Mauritius. This article endeavours to demonstrate why it is important to review the current constitutional provision on protection against discrimination and replace it by two distinct provisions, namely, the right to equality and the right to equal protection of the law. Hence, the narrowness of the current Mauritian dispensation will be highlighted and contrasted with the extensive jurisprudence which has developed from constitutional adjudication in India and South Africa. This analysis of Indian and South African jurisprudence will be used to illustrate how much Mauritius is actually missing out because of the current constitutional dispensation in comparison to these two jurisdictions. The choice of India and South Africa for this study is motivated by their diversity which displays similarities with Mauritius despite the differences: all three countries are multi-cultural and multi-religious. India and South Africa are both geographically large countries and their constitutional provisions on equality are resembling. Both countries have a very elaborate Constitution and their respective judiciary has a transformative approach towards constitutional dispensation and adjudication. India has a post-independence Constitution while South Africa has a post-democracy and post-apartheid Constitution which have both been drafted by a Constituent Assembly. However, these similarities which India and South Africa share, make both very different from Mauritius. Mauritius is a very small Island State situate in the Indian Ocean . Mauritius also has a post-independence Constitution which was not drafted by a Constituent Assembly but was granted by the departing colonial power when Mauritius acceded to independence. Nevertheless, despite such differences, lessons may still be drawn from India’s and South Africa’s rich jurisprudence and their transformative approach to adjudication.1,201 views -
Pages 1697 - 1709Mauritius has a unique hybrid legal system which has evolved from the French and the English legal systems. On 12 March 1968, Mauritius acceded to Independence and was “granted” a Westminster Independence Constitution, drawn up in Whitehall, London . Apart from a few minor amendments no in-depth review of the Constitution has been undertaken. Thus Mauritius still applies its 1968 Independence Constitution in 2024, despite major changes in its economy, societal build of its population. It is more and more felt that features considered as cornerstones of constitutionalism are missing. The present article will endeavour to highlight how the 1968 Independence Constitution of Mauritius can still be applied comprehensively to present day situations by reference to human dignity. While human dignity is specifically mentioned in the Constitution of South Africa such is not the case in the Constitution of India and yet the Supreme Court of India has delivered landmark judgments on human dignity.789 views
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Advancing Global Justice through International Law: Insights from the Indian Constitution
LL.M. student at Gujarat National Law University & Advocate at Gujarat High Court, IndiaPages 1710 - 1716This research examines the catalytic role of international law in advancing global justice, with a focus on the innovative contributions of the Indian Constitutional framework. By analyzing key provisions and international legal instruments, the study highlights how legal frameworks can address transnational issues such as human trafficking. The findings emphasize the need for strengthened legal provisions, enhanced judicial interpretation, and improved policy governance to promote a more just and equitable global society. This manuscript provides a comprehensive analysis of the intersection between international law and national legal systems, underscoring the relevance of these frameworks in fostering global justice.653 views -
Implementing the Singapore Convention in Tanzania: Challenges and Opportunities for Mediation Settlement
LL.M. student at School of Law and Justice, Dar es Salaam Tumaini University DarTU, TanzaniaPages 1717 - 1734This article examines the implementation of the Singapore Convention on Mediation in Tanzania, focusing on the challenges and opportunities it presents for the enforcement of international commercial mediation settlement agreements. The Singapore Convention, which aims to facilitate the cross-border recognition and enforcement of mediation agreements, offers a significant framework for enhancing dispute resolution mechanisms. However, Tanzania faces specific legal, institutional, and practical challenges in adopting and integrating these provisions into its domestic legal system. This study analyzes these obstacles and explores potential strategies to overcome them, thereby maximizing the benefits of the Convention for Tanzanian businesses and international trade. Through a comparative analysis with other jurisdictions that have successfully implemented the Convention, the article provides insights and recommendations for policymakers, legal practitioners, and stakeholders in Tanzania.1,253 views -
The Role of the International Court of Justice in Addressing Humanitarian Issues in Gaza: A Hypothetical Judgment on the Israel vs. South Africa Case
Student at Jindal Global Law School, O.P. Jindal Global University, IndiaPages 1735 - 1750The ongoing conflict in the Gaza Strip has posed significant humanitarian challenges, leading to calls for international intervention. The International Court of Justice (ICJ), as the primary judicial organ of the United Nations, has a crucial role to play in addressing these humanitarian issues. This paper presents a hypothetical judgment on a case brought before the ICJ, examining the Court's potential approach to the conflict in Gaza and its implications. The ICJ has a long history of involvement in the settlement of interstate disputes, often playing a mediative role in the negotiation process. In recent years, the Court's jurisprudence has expanded to cover a broader range of international law topics, including human rights, humanitarian law, and the use of force. As such, the ICJ is well-positioned to consider the complex legal issues underlying the situation in Gaza. One case that has come before the ICJ is a dispute between Israel and South Africa, two states with a contentious history and divergent approaches to the Palestinian question. In this scenario, South Africa has brought a case against Israel, alleging that its military operations in Gaza constitute violations of international humanitarian law and human rights law. South Africa argued that Israel's actions in Gaza, including the blockade, military strikes, and occupation, amount to an illegal use of force and an unlawful occupation that has resulted in severe humanitarian consequences. This paper will define what should be the judgment given by the International Court of Justice (ICJ) on some issues that require immediate attention.840 views -
An In-Depth Exploration of Domestic Violence against Women as a Persistent Legacy of Gender Discrimination
Principal at Rizvi Law College, IndiaPages 1751 - 1763The roots of gender discrimination can be traced back to early societies and civilizations, setting the stage for the perpetuation of inequalities that continue to affect women globally. One of the most pervasive manifestations of gender-based violence is domestic violence, encompassing physical, mental, and sexual exploitation inflicted upon women by their intimate partners or former partners. Despite being recognized as a prevalent form of violence against women worldwide, studies on this subject pose unique ethical and methodological challenges in addition to the standard research complexities. Current global data, as reported by the World Health Organization in 1997, indicates that approximately 33% of women have experienced violence in an intimate setting at some point in their lives. However, this statistic is likely an underestimation due to the pervasive issue of underreporting. This phenomenon is particularly conspicuous in India, where there is a prevailing cultural reluctance to disclose instances of domestic violence. Women, for various reasons, may choose to remain silent about the abuse they endure within their homes. The proposed study seeks to address the existing gap in understanding the true extent of domestic violence against women, shedding light on the prevailing status quo in our society. Beyond the standard challenges in researching violence against women, this study will confront the specific ethical and methodological complexities inherent in unraveling the intricacies of domestic abuse. In the Indian context, domestic violence against women is veiled by various factors, including deeply ingrained cultural norms, societal expectations, and a lack of awareness about the rights and resources available to victims. The research will employ a multifaceted approach, utilizing both quantitative and qualitative methods, to unravel the complexities surrounding domestic violence. Additionally, the study will explore the impact of dominant ideologies, societal apathy, and ignorance, all of which contribute to the perpetuation of unreported cases. Ultimately, this research aspires to contribute valuable insights into the prevalence and nature of domestic violence against women in India, unravelling the layers of societal complexities that shroud this pervasive issue. By understanding the nuances and barriers surrounding reporting, the study aims to inform targeted interventions, policies, and awareness campaigns that can catalyse positive change and foster a society free from the shackles of domestic violence.633 views -
The Implementation of the 1977 Workman’s Compensation Decree in Cameroon: The Common Law Perspective
PhD Research Fellow at Department of English Law, Faculty of Laws and Political Science, University of Buea, CameroonPages 1764 - 1795In Cameroon, many workers faced injuries and death almost daily in the industries and work place. In most cases, many of them either sustain minor injuries or are incapacitated for life while a handful of them die as a consequence of these fatal accidents which″ arise out of and in the course of employment ″. In order to prevent or minimize the staggering numbers of casualties in our industries, certain duties and responsibilities have been placed on employers and employees of labour under common law for the safety of the workers in their work places. A breach of any of these duties by the employers entitles the worker to claim compensation for the injury sustained in the course of executing the job. This paper adopts a qualitative approach in the analysis of primary and secondary data relevant to the subject equally employees interviews to some employers and works who have suffered from industrial accidents and been compensated or not. Some findings of this papers shows that, generally, the employer is required to purchase and maintain workers compensation insurance to protect against the lose covered under the law. An employer’s liability policy may contain a condition that the insured shall take reasonable precautions to prevent accidents. Such condition will be satisfied by the insured taking precautions which can satisfy the test of reasonableness. This paper concludes that The Workman’s Compensation Decree of 1977 in Cameroon is the law relating to injuries and death of workmen for injury by accident or death suffered in the course of their duties. Compensation of workers for industrial accidents and occupational disease has for a long time been viewed with considerable concern by law. The paper recommends that a safety committee with defined responsibilities charged with the duty to prevent industrial injury, ensures safety, training, maintenance of safety regulation, maintains personal protection scheme, investigates accidents, undertakes safety inspection, provides safety incentive schemes and organizes safety Campaigns amongst many others. Equally, A workman’s ability to work is his only security but where he becomes unable to work due to injuries sustained at work place, compensation may be the only best security.827 views -
Intervention or Invasion: Legal Perspectives on US and NATO in Afghanistan
PhD Research Scholar at Department of International Relations, Selçuk University Konya, TurkeyPages 1796 - 1824This article critically examines, from the perspective of Articles 51 and 42 of the UN Charter, the legal frameworks underlying the U.S. invasion of Afghanistan and NATO's humanitarian intervention. It reviews the justification for the US-led invasion in reaction to the 9/11 attacks as an act of self-defense that appraises NATO's ensuing involvement under UNSC resolutions and the prevailing parameters of international law. The study delves into the origins of the 20-year conflict, with a focus on the tragedy of September 11 as the catalyst for the prolonged war. In particular, this analysis examines the complicated process of foreign troops drawdown, highlighting the impact of the Doha Agreement and the extended timeline set by the United States, which have exacerbated Afghanistan's economic and political upheavals. This analysis aims to illustrate the complex relationship between international law and geopolitical dynamics, with a particular focus on the legal and humanitarian dimensions of military intervention.1,149 views -
Proliferation in False and Misleading Advertisements in Digital Media Age in India
Research Scholar at CCS University, Meerut, IndiaPages 1825 - 1834Advertisers now have an easier time targeting specific groups thanks to social media, which can sometimes result in the dissemination of information that is false or misleading. It is possible for advertisements to take the form of fake news articles or social media posts that make health claims that are not supported by evidence, which could put the health of consumers at risk. Advertisers now have an easier time targeting specific groups thanks to social media, which can sometimes result in the dissemination of information that is false or misleading. It is possible for advertisements to take the form of fake news articles or social media posts that make health claims that are not supported by evidence, which could put the health of consumers at risk. The number of advertisements that contain misleading claims is growing, particularly in the digital space. ASCI discovered that 81 percent of the 8,299 advertisements that were examined in 2023-24 were deceptive. Influencers on social media frequently promote products without adhering to the appropriate regulations. On July 9, 2024, the Supreme Court ordered that Patanjali Ayurveda have to produce an affidavit in order to ascertain whether or not the request that was made to social media platforms in order to remove the misleading advertisements has been granted. This article will cover the aspect that in order to preserve the trust and loyalty of consumers, it is necessary to implement ethical guidelines and technological advancements in order to guarantee transparency and authenticity in consumer advertising.762 views -
Examining the Liability of Government Authorities in Custodial Torture and Extrajudicial Killings
Student at Dr. Panjabrao Deshmukh College of Law, Amravati, Maharashtra, IndiaPages 1835 - 1848Custodial torture and extrajudicial killings represent severe violations of human rights, reflecting an abuse of power by government authorities. These practices not only undermine the rule of law but also erode public trust in the justice system. This article explores the legal framework governing the liability of government authorities involved in such heinous acts, examining both domestic and international legal principles. Through a comprehensive analysis of case law, statutory provisions, and human rights conventions, this paper aims to provide a nuanced understanding of the accountability mechanisms in place and the challenges in enforcing them.555 views -
Legal Culture of Women as Consumer in Toy Purchasing Preferences (Analysis of the Consumer Empowerment Index in Indonesia)
Lecturer at Shariah Faculty University of Darussalam Gontor, Ponorogo - East Java, IndonesiaPages 1849 - 1867The survey results from the Consumer Empowerment Index (CEI) conducted by the Directorate General of Consumer Protection and Trade Compliance (DGPTC) at the Ministry of Trade of the Republic of Indonesia indicate that the Consumer Empowerment Index (CEI) for the 2018-2023 period is at the "Capable" level. This suggests that Indonesian consumers are able to select the best products for themselves and their environment, yet they have not become critical in advocating for their rights as consumers. The primary factor weakening consumer protection efforts is the low level of consumer awareness, which ultimately forms a legal culture that plays a significant role in the successful implementation and enforcement of consumer laws. This paper presents an analysis of the legal culture of women as consumers in children's toy purchasing preferences using an analytical approach based on CEI indicators. An empirical juridical method was used, involving interviews with 105 women who are consumers of children's toys. The analysis process was carried out qualitatively, descriptively connecting legal document studies with direct observations and interviews. The conclusion reveals that the legal culture of women as consumers in Indonesia still aligns with the "Capable" category as described by the CEI regarding the condition of consumer society in Indonesia.568 views -
Pages 1868 - 1877The Banking Ombudsman is an independent authority established by the Reserve Bank of India. It provides a cost-effective and impartial mechanism for customer grievances. This mechanism addresses grievances related to various banking service, such as account discrepancies, loan processing delays and issue with online transactions. It is accessible to all customers of commercial banks, regional rural banks and scheduled primary cooperative banks. The process is designed to be user-friendly, allowing customers to file a complaint without the need for legal representation. The ombudsman has the authority to investigate complaints, adducing evidence placed before him, mediate disputes and issue binding awards to compensate customers for their financial loss. Both customers and banks have the right to file an appeal to an appellate authority. Banking ombudsman serves as a pivotal institution for resolving customers complaints against the service rendered by the bank.775 views
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Case Analysis of Mohori Bibee vs Dharmodas Ghose
Student at KIIT School of Law, Odisha, IndiaPages 1878 - 1882There had been a dilemma, whether a contract can be entered by a minor and if so, whether it would be a valid contract, until this case. This case had concluded to the doubts and answered the questions surrounding with regards to the validity of minor’s agreement. Through this case, the author has tried to analyse the instant case while dealing various provisions of Indian Contract Act,1872 and Indian Majority Acts, 1875 and made efforts to conclude the question surrounding the validity of minors’ agreement. The author tried to conclude by drawing the consequences or legal repercussions of an agreement with a minor.1,084 views -
Legal Principles of Employee Compensation and Benefits in Namibia: The Case for Human Resources Divisions
Senior Lecturer at School of Law, University of Namibia, NamibiaPages 1883 - 1892Employee salary, compensation, and other related benefits are key aspects that employees look at before joining an employer. The benefits that an employer can offer employees is not only crucial at the commencement of employment. Compensation and other related benefits play a vital role when employees are making decisions regarding their careers. How much a particular employer pays its employees at a specific job title or grade, whether the position comes with a company car or car allowance, whether the position offers a housing scheme or allowance are amongst the leading factors in determining whether moving from one company to next, or from one job grade to the next is considered. In some instances, though the cost to company may be a lucrative figure in the eyes of the employee, the tangible benefits may not be that grand. In other instances, though cost to company may not be very attractive, the benefits that accompanies the job grade may be attractive. It is thus crucial for employers to package their salary packages in a way so as to attract and retain the right employees.676 views -
The Analysis of Theories of Management in Informing and/or Influencing the Work of the Human Resources Department
Senior Lecturer at School of Law, University of Namibia, NamibiaPages 1893 - 1903Though there are conceptual similarities among the categories, these three divisions distinguish management based on their area of emphasis and historical context. The goal of traditional management theory, which arose from the Industrial Revolution, is to maximize output and efficiency. The early 20th century saw the development of behavioral management theory, which tackles the social and human components of organizations. After World War II, modern management theory emerged, fusing sociology and mathematics to create comprehensive management strategies. By utilizing human resources to the fullest extent possible, modern management theories assist organizations in maximizing production. Companies make every effort to help employees reach their full potential and efficiency. By making the most use of human resources, modern management theories assist organizations in maximizing production. Companies make every effort to help employees reach their highest levels of productivity and potential. This paper therefore discusses principles of competitive advantage, knowledge management, knowledge sharing, utilization of knowledge and the advantages and drawbacks of and disadvantages on the aspect of competitive advantage theory.626 views -
The Legal and Institutional Frameworks Governing Tax Objection Disputes in Tanzania and South Africa: A Comparative Analysis
Student at School of Law, Tumaini University Dar es Salaam, TanzaniaPages 1904 - 1912This article analyses the legal and administrative systems that regulate tax objection disputes in Tanzania and South Africa. It thoroughly examines the laws, regulations, and institutions governing the tax dispute resolution procedure in both countries. The article focuses on the Constitution, tax administration laws, and specific entities such as the Tanzania Revenue Authority and the South African Revenue Service to highlight the significance of Alternative Dispute Resolution (ADR) methods in tax disputes. The topic ranges from domestic legislation to international commitments, providing a thorough review of the institutions that enable tax dispute resolution. The study also investigates the efficiency of ADR in certain legal situations and sets the scene for a comparative examination in later chapters, notably on the practicality and application of ADR in Tanzania compared to South Africa. Through this research, the essay hopes to offer readers with a thorough overview of the legal framework that controls tax disputes in these two jurisdictions, laying the groundwork for evaluating the usefulness of ADR methods.735 views -
The Role of Consumer Protection Laws in Business to Consumer (B2C) Platform of E-Commerce in India
Research Scholar at TNDALU, IndiaPages 1913 - 1921The e-commerce sector in India, particularly in the Business-to-Consumer (B2C) domain, has experienced unprecedented growth, significantly altering consumer shopping behaviors and business operations. Prominent platforms like Amazon, Flipkart, and Snapdeal have revolutionized retail with their convenience and competitive pricing. However, this rapid expansion has underscored the need for effective consumer protection laws to address emerging challenges such as fraud, counterfeit products, and misleading advertising. The Consumer Protection Act, 2019 (CPA) represents a pivotal advancement in regulating e-commerce in India. It introduces essential measures to protect consumer rights by mandating accurate product information, fair advertising practices, and efficient grievance redressal mechanisms. Despite these improvements, challenge persist, include fraudulent activities, transparent issues, and data security concerns. This study examines the role of consumer protection laws in the B2C e-commerce sector, evaluating the effectiveness of the CPA and identifying gaps in the legal framework. It aims to enhance understanding of how these laws influence business practices and consumer behavior, and propose recommendations to improve the regulatory environment. The findings highlight the need for continuous adaptation of laws and robust enforcement to maintain a fair and transparent digital marketplace. By addressing these issues, the study contributes to the ongoing discourse on consumer rights and regulatory frameworks, striving to create a balanced and equitable e- commerce ecosystem in India.859 views -
Legal Complexities in Mediation Insights in Civil Proceedings
LL.M. student at Faculty of Law, Dar es Salaam Tumaini University DarTU, TanzaniaPages 1922 - 1939Mediation, as a pivotal alternative dispute resolution mechanism in Tanzania, offers a viable solution to alleviate court congestion and expedite the resolution of civil disputes. However, its effective implementation faces several legal complexities. This article delves into the critical challenges impacting mediation in Tanzanian civil proceedings, including issues of enforceability of mediated agreements, impartiality in mediator selection, and procedural fairness. Through an analysis of recent case studies and judicial precedents, the article highlights the evolving legal landscape and the judiciary's role in shaping mediation practices. It further proposes solutions such as standardized mediator training, legislative reforms to enhance enforceability, and public awareness campaigns to promote the benefits of mediation. By addressing these challenges, Tanzania can develop a robust mediation framework that not only empowers parties but also ensures justice and efficiency in civil dispute resolution. This comprehensive assessment aims to provide valuable insights for stakeholders, policymakers, and legal practitioners striving to optimize mediation practices in Tanzania.695 views -
An Epistemological Analysis of Cybercrimes Relating to Digital Property
Assistant Professor at Government Law College Madurai, IndiaPages 1940 - 1944The online ecosystem has become an integral part of human lives, in which Cybercrime has become an intolerable threat to all the users of cyberspace. It emerges in numerous forms with the development in the discipline of information technology. Cybercrimes can be majorly categorized as crimes against person, property, Government and society. Cyber Citizens are being vulnerable to be victimized under any one of the above forms of Cybercrime. This article aims to give a clear understanding about the Cybercrimes relating to digital property.602 views -
The Rising Levels of Water Pollution in Delhi NCR: A Specific Focus on Corporate Social Responsibility (CSR) as a Potential Solution
Advocate in IndiaPages 1945 - 1950Despite the fact that access to clean and safe water is considered a basic entitlement of every human being, a significant number of individuals worldwide are deprived of this crucial need. Delhi, the vibrant capital of India, is now facing a serious water shortage that poses a danger to the welfare of its inhabitants and the long-term viability of its development. Due to the increasing population and intensification of industrial operations, there has been a significant rise in the demand for water, which is placing a great deal of strain on the city's limited resources. The issue at hand encompasses not just the accessibility of water, but also the presence of uncontaminated water. Human activities such as agriculture and urban development have diminished the regions that were formerly conserved as water catchment zones. Of far greater concern is the inadequate water management that results in substantial waste with insufficient replenishment. Companies are actively participating in worldwide efforts to increase the availability of freshwater for human use and prevent a future catastrophe via their corporate social responsibility (CSR) programs. Many corporations are joining worldwide water conservation projects in response to the increasing water demand, in order to prevent a probable and severe water shortage that might have negative impacts on ecosystems and biodiversity. Furthermore, several firms and industrial complexes are linked to the exertion of excessive strain on water resources, which might potentially result in a lack of a viable and renewable supply of potable water for human use on a global scale. This article mostly addresses water pollution resulting from the operations of factories and industries, particularly in the Delhi NCR area. The article explores several corporate social responsibility (CSR) programs and their potential to effectively preserve water bodies and promote long-term sustainability.750 views -
From Legislation to Implementation of Land Acquisition and Compensation Mechanisms in Bangladesh: A Case Study in The Area of Rajshahi-Natore Four Lane Road Project
LL.M. student at Department of Law, University of Rajshahi, BangladeshPages 1951 - 1973The worldwide practice of governments acquiring land for public purposes is universally recognized. In their pursuit of the common good and the national interest, governments are vested with the authority to assume control of land while ensuring fair compensation for its rightful owners. Bangladesh's legal framework overseeing land acquisition delineates comprehensive procedures and compensation mechanisms. Regrettably, there has been inconsistent adherence to these regulations in land acquisition and determining compensation. This inconsistency raises a critical concern. Hence, this paper seeks to assess the present scenario of land acquisition and compensation systems in Bangladesh. This research takes an empirical approach and was explicitly limited to the area surrounding the Rajshahi-Natore Four Lane Road Project, which included Ward No. 23, 24, and 25 from Talaimari to Alupotti within the Rajshahi City Corporation. This study will delve into the prevailing practices and challenges in land acquisition, particularly scrutinizing the implementation of existing laws and their impact on compensating affected landowners. The research will encompass a thorough analysis of the procedures, critically evaluating compliance with established legal frameworks and fair compensation principles. Moreover, this paper seeks to present pragmatic recommendations to address the gaps and inconsistencies observed in the current system. The proposed guidance will be tailored to enhance the transparency, effectiveness, and fairness of the land acquisition process, ensuring that landowners are rightfully compensated while aligning with the country's development goals. The study's conclusions will highlight policy implications intended to reshape Bangladesh's future policies on land acquisition and compensation. The ultimate goal is to safeguard and uphold the rights of landowners, establishing a more equitable, just, and transparent system that balances the nation's developmental needs with the protection of individual property rights.906 views -
Pages 1974 - 1991India is a nation with many different indigenous communities, each leading a unique lifestyle, and is known for its rich tapestry of cultures and traditions. Among various indigenous groups, living in isolated and occasionally difficult-to-reach places, have protected their distinct rituals, beliefs, and customs spanning many generations. Their unique approach to has a significant impact in shaping their cultural identity. Healthcare, which is very different from traditional medical procedures. India's tribal communities are a patchwork of many ethnic groups, comprising but not restricted to the Bhils, Santhals, Gonds, and numerous others, each has an own social structure, language, and medical procedures. These communities are primarily inhabiting the hills and wooded areas, living there entwined with the natural world. In order to establish culturally sensitive healthcare interventions that combine ancient wisdom with contemporary medical breakthroughs, this research intends to investigate health status, medical practices, and cultural perspectives on health among tribal tribes in India.557 views
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Digital Media Dynamics: Ethical Challenges and Accountability in the Information Age
Research Scholar, JRF (Political Science) at Swargiya Shri Jai Dutt Wailla Govt. P.G. College Ranikhet, SSJ University, Almora, Uttarakhand, IndiaPages 1992 - 2000Advancements in technology have transformed the communication channels and thus the form of media. Social media has emerged and revolutionised the interaction between people. Digital delivery of information offers various advantages as well as disadvantages. This paper discusses various opportunities modern technologies like Artificial Intelligence (AI) and Virtual Reality (VR) bring for us along with dangers. The increasing influence of media, especially social media, in shaping public opinion is also discussed in the paper. In the present world, the impact of digital media on the functioning of the government and affecting political polarisation is also discussed. The accountability of the media houses is important for a fair society. The paper also discusses the various agencies that play a role in ensuring accountability.866 views -
Surrogacy: A Fight by Humanity against Nature and Law
Assistant Professor at SOA National Institute of Law, IndiaPages 2001 - 2011Hopeful parents can fulfil their ambitions through surrogacy for LGBTQ couples who have suffered with infertility for years. For many, surrogacy provides the solution after years of fruitless attempts to conceive for those whose medical conditions make conception impossible. Very little has changed in our legal system to keep up with technological advancements. This essay's goal is to investigate the origins and current status of surrogacy. In a country such as India, where it was formerly customary and a source of livelihood but is currently forbidden for business use. The situation in developed countries is also examined in this research paper such as France, the United States, and the United Kingdom. The author has provided a quick overview of surrogacy and its types of agreements and surrogacy. The author then discussed the surrogacy industry globally. What is the current state of international surrogacy situation in which United States, United Kingdom, France, India, and the Kingdom have all been thoroughly discussed. The pros and cons of the current legislation have been carefully highlighted, and the author's concluding remarks and suggestions are given in the conclusion.480 views -
An Overview of Artificial Intelligence and Its Classification
Advocate at Madras High Court, IndiaPages 2012 - 2017Artificial intelligence is changing our world in each and everything we do in terms of how we shop to how doctors diagnose a disease. The term Artificial intelligence refers to computer systems which can perform monotonous tasks without seeking human interference. It can also be called as intelligent machines that can mimic human cognitive functions like learning and problem solving. Artificial Intelligence also refers to a wide range of technologies that power many of the services and goods we use in our daily routine from applications that recommend television shows to chat bots that provide customer support in actual time. The main objective of designing Artificial Intelligence is emulate human intelligence in machine. The tasks includes functions such as reasoning, learning, problem solving and decision making. The core concept of Artificial Intelligence includes Machine Learning, Neutral Networks, Deep Learning, Natural Language Processing, Robotics, Cognitive Computing, Expert systems. The concepts in each of this helps to build systems that can automate, enhance, and in some cases outperform human capabilities. Artificial Intelligence has already got the potential to revolutionize many industries and fields, such as health-care, finance, transportation, and education. However, it further raises important ethical and societal questions, for instance., the impact on employment and privacy, and the responsible development and use of Artificial Intelligence Technology. This research paper emphasizes mainly on the types of Artificial Intelligence based on its functions and capabilities to know more in detail about its specific performance in all walks of life.687 views -
Navigating the Legal Landscape of Ethical Animal Tourism in India
Assistant Professor at Sultan Ul Uloom College of Law, Hyderabad, IndiaPages 2018 - 2028Animal tourism plays a pivotal role in the global travel industry, driving economic growth and supporting wildlife conservation. However, it also raises significant ethical and legal challenges, particularly concerning animal welfare, conservation, and the sustainable management of natural resources. In India, renowned for its rich biodiversity and cultural heritage, animal tourism is a key attraction. Yet, the existing ethical and legal frameworks often fall short of addressing the complexities introduced by contemporary tourism practices. This article explores the legal and ethical frameworks governing animal tourism in India, advocating for a shift towards sustainable and humane practices. By drawing comparisons with countries such as the USA, Brazil, and several African nations, the article underscores the global nature of these challenges and explores potential solutions for a more responsible future in animal tourism.639 views -
Internet of Things (IoT): Balancing Connectivity and Privacy in India
Student at Symbiosis Law School, Pune, IndiaPages 2029 - 2038The Internet of Things (IoT) is a revolutionary technological advancement that connects a vast array of physical devices to the internet, allowing them to collect, exchange, and process data. Although the Internet of Things (IoT) has the potential to transform industries and enhance the quality of life by enhancing efficiency and convenience, it also raises substantial concerns regarding data privacy and protection. The unique challenges of protecting user privacy and ensuring data security are posed by the vast quantity of data generated by IoT devices, which frequently includes sensitive personal information. This paper examines into the intersection of data privacy and IoT, emphasising the risks, regulatory frameworks, and best practices that are crucial for safeguarding personal data in a world that is becoming more interconnected.1,114 views -
Pages 2039 - 2072Over the years, the right of access to justice has evolved and today, it is not just improving an individual’s access to a court or guaranteeing legal representation, it is also the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievances in compliance with human rights standards. Accessing justice in general and criminal justice in particular is primordial to ensuring stability, economic development, and human rights. There is therefore no gainsaying that the Cameroonian legislator is right in providing for the right of private individuals to institute criminal proceedings directly before the court in sections 60 and 157 of the Criminal Procedure Code though there is the lingering question of to what extent has the right to institute a private prosecution enhanced access to criminal justice in Cameroon? This is the question this paper seeks to answer.646 views
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A Post-Mortem of Sri Lanka’s Economic Collapse: Structural Weaknesses and Policy Failures
Advocate at District Court, Patiala, IndiaPages 2073 - 2083Sri Lanka is in the grip of a severe economic crisis as a result of the country's loss of foreign assets, which has resulted in food, gasoline, medicine, cement, and other essential goods shortages. As a consequence of the, Sri Lanka is in the grip of a severe economic catastrophe. The country's loss of foreign assets has resulted in scarcity of food, fuel, pharmaceuticals, cement, and other critical goods. The Sri Lankan government is optimistic that the crisis will be resolved soon as a result of the policy measures made thus far and the advancements made in the COVID-19 situation. Nevertheless, the conditions on the ground and analyses of the government's policy measures indicate that Sri Lankans would not receive economic respite soon, global geopolitical-economic trends, especially in the aftermath of the Russia-Ukraine conflict, suggest otherwise. In Sri Lanka, popular opposition to the government's administration of the crisis is increasing. This research work focuses on dwindling economic development. The question is, how did it occur, and how did the government of Lanka lose all of its money? The purpose of this research paper is to answer these questions. In addition, the author of the paper outlines a comprehensive analysis of the issue as well as the causes of the economic crisis.631 views -
Cash Waqf Linked Sukuk (CWLS) for Food Security in Realizing Social Welfare
Lecturer at Faculty of Law, University of Sultan Ageng Tirtayasa, IndonesiaPages 2084 - 2098The prevalence of food insecurity in a country is closely correlated with the overall well-being of the community. Consequently, addressing these issues is a shared responsibility that requires the engagement of all stakeholders. The Cash Waqf Linked Sukuk (CWLS) has the potential to serve as a social capital, facilitating the resolution of societal issues, including those pertaining to food security. In light of the aforementioned, this research is centered on the Cash Waqf Linked Sukuk (CWLS) with the objective of maintaining food security and realizing welfare. The methodology employed is normative juridical, utilizing secondary and primary data as supporting evidence through interviews with relevant parties and analytical descriptive data analysis. Food security represents a tangible manifestation of social welfare, with CWLS emerging as a potential instrument for achieving this objective. In Islam, CWLS can serve as a social capital instrument for economic empowerment, benefiting individuals and communities. It can be utilized to maintain food security in agriculture and livestock programs, ensuring the availability of sufficient food for the community.796 views -
This paper discusses the transformative impact of Artificial Intelligence (AI) on the criminal justice system. AI technologies are increasingly being integrated into various areas of criminal investigations and legal processes, offering significant improvements in efficiency and precision. The first part of the research explores the classification and analysis of crimes, explaining how AI can be employed to categorize and evaluate different types of criminal activities. The second section examines damage assessment, demonstrating how AI technologies can provide accurate assessments that aid in determining injury and reparation. This section also includes a detailed analysis of evidence, showcasing AI’s unparalleled ability to accurately sequence and link evidence to crime scenes. AI’s potential to enhance the accuracy and speed of evidence processing is highlighted, which could support faster and more efficient investigations. Furthermore, the paper discusses how AI could influence court decisions by analyzing facts and the nature of crimes. Although AI is data-driven and thus has its limitations, it can offer valuable insights. However, AI systems may overlook emotional and culturally ingrained decision-making, which is often crucial in legal judgments. Since justice is subjective and varies from person to person, the paper argues that AI may not always facilitate peaceful resolutions. This underscores the importance of human oversight and the necessity of balancing technological effectiveness with the nuanced understanding that human judgment brings to the legal system. In conclusion, while AI has much to offer the criminal justice system, it is equally important to address its potential drawbacks to maintain fairness and justice.616 views
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Using Framing as a Nudge: Effects of Framing and Consumer Psychology in Relation to Buying Behaviour
Student at SVKM’s Jitendra Chauhan College of Law, Mumbai, IndiaPages 2118 - 2142The framing effect is a cognitive bias in consumer behaviour that suggests the way information is presented influences consumer choices. This research hypotheses that by strategically framing the presentation of product options—through the manipulation of pricing, perceived value, and the context in which choices are offered—a significant number of consumers can be influenced to select a target product. Unlike a straightforward presentation, where all product options are viewed equally, the framing effect involves altering the perception of certain items to make one option seem more appealing in contrast to the others, which may be presented as less desirable due to how their attributes are framed. This study examines the effect of framing alongside theories of psychology by manipulating price signs, packaging and colour on age and gender in the urban population.1,059 views -
A Comparative Analysis of Ownership of Natural Resources in India, Canada, and Australia and its Impact on Federalism
Assistant Professor at ICFAI Law School, ICFAI University, Jharkhand, IndiaPages 2143 - 2157Based on the existence or absence of a separation of powers between the federal and provincial administrations, a state can be categorized as federal or unitary. In a unitary system, power is centralized in the central/national government, while it may delegate some authority to local governments. In a federal system, the Constitution legally divides the powers between the center/federal and states/provinces. The idea of federalism is crucial to comparative politics. Federalism has also been utilized by certain academics to examine regionalization and regionalism in regional studies and international politics. The value of federalism has been a topic of discussion. The days of federalism are over, according to Harold J. Laski's opinion from the first part of the 20th century. It is a system whereby numerous, fairly autonomous pieces are brought together to form a whole. It alludes to a system of government that is structurally and operationally divided between national governments and their constituent provinces or states. This associational link is inevitably reflected in the political institutions, their makeup, and the ways in which federal states operate. In this paper the researcher intends to discuss the ownership of natural resources and its impact on the federal character of the countries like India, Canada, and Australia. The researcher has also discussed the exploitation of the natural resources. The researcher has also tried to compare and has suggested suggestions for the better functioning of the country.809 views -
Pages 2158 - 2174This critical analysis explores the jurisprudential underpinnings and provisions of the legal framework of maintenance under the Indian Administration of Justice System, concentrating on its applicability to diverse personal laws. The research delves into the goals of maintenance, highlighting its constitutional foundation in guaranteeing social justice. It examines in detail the legal framework around maintenance for mothers, fathers, and children, covering aspects covered by secular, Muslim, Christian, and Hindu laws. “The Code of Criminal Procedure,1973 the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Protection of Women from Domestic Violence Act, 2005 are all covered in the analysis”. Interim maintenance and its importance are clarified by discussing the role of the Malimath Committee Report and CrPC amendments. The paper also explores maintenance under live-in relationships and outlines circumstances where a wife may not be entitled to claim maintenance, along with provisions for cancellation.996 views
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Pages 2175 - 2185This research critically examines the efficacy of international legal frameworks and policy initiatives aimed at enhancing global cooperation and capacity building to combat transnational organized crime (TOC). Despite the establishment of the United Nations Convention against Transnational Organized Crime (UNTOC) and its provisions for extradition, mutual legal assistance, and law enforcement cooperation, gaps persist in the implementation and effectiveness of these measures. Notably, the dual criminality principle and the complexities surrounding extradition raise questions about human rights protections and the consistency of legal standards across jurisdictions. Furthermore, while the Kyoto Declaration emphasizes the necessity of a multilateral approach, it lacks specific mechanisms for addressing the nexus between financing terrorism and TOC, which complicates enforcement efforts. The role of civil society and the need for targeted capacity building in developing nations remain underexplored, particularly in the context of technical cooperation and resource allocation. This paper seeks to identify these gaps and propose actionable recommendations for strengthening international collaboration, enhancing the capabilities of law enforcement agencies, and fostering public-private partnerships. Ultimately, addressing these deficiencies is crucial for a comprehensive and effective global response to the evolving challenges posed by transnational organized crime.821 views
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The Challenges Facing the Mediation Centre of the High Court of Tanzania Mainland
LL.M. student at Tumaini University Dar es Salaam College (TUDARCo) and Senior State Attorney at National Prosecutions Service (NPS), TanzaniaPages 2186 - 2199Mediation is the mode of settling disputes between disputants with the assistance of an appointed neutral third party, commonly known as a mediator, whose presence is only to facilitate discussions of amicable settlement of the dispute and their decision is non-binding. Formally, mediation was introduced in Tanzania in 2015, in the civil and land lawsuit. Moreover, the government introduced mandatory mediation, also called court-annexed mediation, to encourage disputing parties to use the mediation process as a preferred way to resolve disputes. Furthermore, to promote the use of modern dispute settlement Mechanisms, the Government of the United Republic of Tanzania through the Judiciary, established a specialized Alternative Disputes Resolution Centre of the High Court of Tanzania, namely the High Court of Tanzania Mediation Centre, in Mainland Tanzania that specifically deals with settlement of disputes through ADR mechanisms aiming to combat the backlog of cases in courts. This article intends to evaluate the efficiency and effectiveness of the established Mediation Centre in tackling the backlog of cases in courts.867 views -
Efficacy of Police Investigation
Student at ICFAI Law School, Hyderabad, IndiaPages 2200 - 2210Crimes in India have escalated exponentially in the present times which have a negative impact on the society. The Police have a greater role in mitigating these crimes and protecting the citizens of the country. Police is a state governed subject in the List II of the seventh schedule of the Constitution of India and the State Police is governed by the Police Act, 1861. Each state has an authority to establish its own police force for the safeguarding of its citizens. The state is the guardian which aids in providing an impartial and effective policing to the public. In India, the State police deal with the investigation and maintenance of Law and Order within the State, whereas, the Central forces are appointed for the special purposes such as serious internal security threats. The new criminal law of Bharatiya Nyaya Suraksha Sanhitha (BNSS) have also expanded the role of the police where the police has to inform the informant about the advancement in the case along with filing an investigation report to the Magistrate fortnightly. The major role of the Police in any state is to uphold the law, prevention and investigation of the crimes. Since India is a country which has a wide threat due to its credibility in the world and as an emerging competitor to the enemy countries, it is compulsory that the country should be well equipped with good weapons, forensics and transportation in order to protect the citizens against crimes and threats. The investigation procedure is the predominant duty of the Police since it helps in the restoring of the peace and tranquility among the citizens. The police carry out various procedures in order to conduct an investigation in a very successful manner, which basically includes filing of First Information Report to submission of the charge sheet through the public prosecutor in the Court of Law. The evidence against the Accused will be procured by the police in the due course of the investigation to prove his guilt which is the cornerstone to try any criminal matter in the Court. The Hon’ble Supreme Court has rendered many guidelines for the police to discharge a better investigation. The guidelines are adhered by the Police since then to deliver justice to the victims and their families.657 views -
Gender Justice and Uniform Civil Code
Student at Bharata Mata School of Legal Studies, Aluva, kerala. Affiliated to MG university, IndiaPages 2211 - 2216The article discusses the link between gender justice and the enforcement of the Uniform Civil Code (UCC) in India. The UCC is specified in Article 44 of the Indian constitution, aiming to standardize personal laws governing marriage, divorce, inheritance, and adoption across the diverse religious communities in India. Currently, these laws vary significantly between different religious groups, leading to gender inequalities. While the judiciary has played a crucial role in advocating for the importance of introducing the UCC in the Indian legal system through landmark judgments, its implementation remains a contentious issue among lawmakers. Therefore, the article emphasizes the historical background of personal laws and the need for a change to achieve equality among citizens in our country.850 views -
A Critical Analysis on the Need for Electric Vehicles Tax Deductions and Subsidies in the Modern Times in India
Assistant Professor at School of Law, Sathyabama Institute of Science and Technology, IndiaPages 2217 - 2241India, like many countries, is transitioning towards electric vehicles to reduce carbon emissions and mitigate climate change. However, the high upfront cost of EVs remains a significant barrier for many consumers. Tax deductions and subsidies can play a crucial role in making EVs more affordable and encouraging their adoption. This research paper analyzes the need for tax deductions and subsidies for electric vehicles (EVs) in India. The study examines the impact of these incentives on EV adoption, government revenue, and environmental benefits. The paper also investigates the effectiveness of the Faster Adoption and Manufacturing of Electric Vehicles (FAME) scheme in India, which provides subsidies for EV purchases. It also compares the tax incentives offered in India with those in other countries, such as China. Data analysis which are done by collecting samples from 60 individuals reveals that tax deductions and subsidies are indeed a significant factor in influencing EV purchases.Consumers are more likely to consider EVs when they can benefit from tax breaks. However, the paper also highlights the need for further government support, including improvements in charging infrastructure and research and development in EV technology. In conclusion, the study emphasizes the importance of tax deductions and subsidies in promoting the transition to electric vehicles in India. It recommends that the government continue to provide incentives and invest in supporting infrastructure to accelerate EV adoption and achieve its climate goals.889 views -
Art and its Support for Transitional Justice
Alumna of University for PeacePages 2242 - 2249Different countries around the world have a history of their own that shaped their status and form as it is today. Often such history is marked by conflict and blood which remains a thorn in the memory of people as the country or State (usually) moves into democracy. It becomes important to come to terms with the atrocities and injustice suffered by people and to make efforts to soothe the pain. In such efforts, considering art as a mechanism to enhance and promote Transitional Justice goals would be a valuable area of research and exploration, owing to the distinctiveness of art in expressing what law and words cannot. The traditional mechanisms of transitional justice process such as criminal trials, truth and reconciliation commissions, reparations, memorializations, etc. are crucial but have their own shortcomings. This is where art can step in and fill the gap. While considering this, it is also essential to be mindful of the challenges that can come up with art based approaches to transitional justice. Nevertheless, promoting an art- based approach to transitional justice along with the formal mechanisms can give a push to this beautiful medium which can be used to express and present non- quantifiable impact of past violence. Art cannot replace the traditional mechanisms, but it can very well complement the goals of the formal mechanism of transitional justice in ways that are not temporal but eternal.1,027 views -
Bridging the Gap: Integrating Traditional and Digital Marketing for Effective Educational Outreach
Research Scholar at K.R. Mangalam University, Gurgaon, IndiaPages 2250 - 2266In the ever-evolving world of educational marketing, the battle between traditional and digital strategies constantly goes on, each wielding its unique bundle of tools and tactics. Traditional marketing, with its tangible features, has long been the bedrock of brand-building efforts for educational institutions. Think of glossy brochures handed out at college fairs, billboard advertisements that greet commuters, and personalized direct mail campaigns that land in mailboxes with a thud of significance. These methods have established a time-honored rapport, grounded in physicality and perceived trustworthiness. However, the digital revolution has stormed the sphere of traditional marketing, bringing with it a wave of innovation and interactivity. Social media campaigns, SEO strategies, email marketing, and content marketing have opened new avenues for engagement, breaking down geographical barriers and introducing a level of personalization and measurability previously unimaginable. Digital marketing is not just a new player in the game; it’s a game-changer, offering cost-effective solutions and real-time analytics that empower educational institutions to fine-tune their strategies with surgical precision. This article embarks on a comprehensive exploration of these two divergent yet complementary worlds. It delves into the strengths and weaknesses of both traditional and digital marketing, scrutinizing factors such as reach, cost-effectiveness, engagement, and measurability. Furthermore, it examines the shifting preferences of students and parents in the digital age, underscoring the necessity for educational marketers to adapt and innovate continually. By comparing the enduring charm of traditional methods with the dynamic capabilities of digital strategies, this article aims to provide educational institutions with a roadmap to navigate the complex landscape of modern marketing. The ultimate goal is to strike a harmonious balance, leveraging the reliability of the old and the ingenuity of the new to craft marketing campaigns that resonate deeply and drive meaningful engagement.731 views -
Interrogation Stage and the Right to Legal Counsel: A Critical Reflection of Section 38 of the Bharatiya Nagarik Suraksha Sanhita
Student at National Law University, Delhi, IndiaPages 2267 - 2275Having a lawyer during interrogation is essential for a fair trial and to save individuals from third-degree torture by the police. Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) says you have the right to consult an advocate, a principle enshrined in Article 22(1) of the Indian Constitution. However, its application and interpretation have raised many legal questions, especially during police interrogation of an accused. This paper examines the scope of Section 38 in various legal scenarios including Section 35(3) of the BNSS notices and Section 180 of BNSS and special laws. The analysis shows a complex situation where the right to a lawyer often depends on formal charges and arrests and hence there are concerns about violation of fundamental rights before an arrest is made. Although judicial decisions confirm the right to a lawyer during interrogations, they also impose many restrictions on this right. This shows the need to clarify and expand the scope of Section 38 and formalize the process of getting an advocate during the pre-arrest stage through legal aid. The lack of process leaves room for abuse of power by the police even after the recent amendments by the BNSS. The presence of legal counsel is crucial for maintaining the integrity of the truth-finding process and shielding individuals from potential police abuses. Although Section 38 represents progress in protecting interrogation rights, its true effectiveness hinges on consistent implementation and proactive measures to tackle existing challenges, thereby enhancing transparency, accountability, and the protection of human rights within the criminal justice system.3,454 views -
The Maintenance and Welfare of Parents and Senior Citizens Act of 2007
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 2276 - 2290The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted by the Ministry of Social Justice and Empowerment of the Government of India to provide more effective provisions for the maintenance and welfare of parents and senior citizens. It makes it a legal requirement for children and heirs to provide monthly maintenance to senior citizens and parents. It also provides a simple, quick, and low-cost mechanism for protecting the lives and property of the elderly. On December 29, 2007, it received President's assent after being passed by the Indian Parliament. Siluvai (84) and his wife Arulammal (80) of Tuticorin filed the first case under the act in November 2011 against their son and daughter-in-law for neglect, among other things.856 views -
Hip-Hop’s Criminological Thought: A Critical Analysis
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 2291 - 2306The aim of this research paper is to critically analyze hip-hop's criminological thought by examining how hip-hop artists conceptualize crime, justice, and the criminal justice system. The paper seeks to understand the influence of hip-hop on popular perceptions of these issues and explore the broader social and political implications of hip-hop's influence on crime and justice. Through this analysis, the paper aims to provide insights into the relationship between hip-hop culture and criminal behaviour, as well as its potential contributions to social justice efforts. Hip-hop music has been a cultural force since its inception in the late 1970s, and its influence has extended far beyond the realm of music. One area in which hip-hop has made a significant impact is criminology. Hip-hop’s lyrics often touch on themes of crime, violence, and the criminal justice system, and as such, hip-hop has been the subject of much academic inquiry in the field of criminology. In recent years, scholars have begun to critically analyze hip-hop’s criminological thought. This involves examining the ways in which hip-hop artists conceptualize crime, justice, and the criminal justice system, as well as the impact that hip-hop has had on popular perceptions of these issues. By analyzing hip-hop’s criminological thought, scholars hope to gain a better understanding of the relationship between hip-hop and crime, as well as the broader social and political implications of hip-hop’s influence. Hip-hop culture is often criticized for promoting criminal behavior through its music. Since the genre's inception, artists have used their lyrics to share their experiences with crime and the criminal justice system. However, it is essential to look beyond the surface and understand the criminological thought behind hip-hop. Through critical analysis, we can explore how hip-hop culture can influence society positively and contribute to social justice. Join us as we examine hip-hop's relationship with crime and its impact on society.916 views -
Gender Justice and the Need for a Uniform Civil Code in India
Research Scholar at Institute of Law, Jiwaji University, Gwalior, IndiaPages 2307 - 2315Gender justice is a cornerstone of social equality, yet it remains elusive in India due to the disparities entrenched in the country's plural personal law system. Personal laws governing marriage, divorce, maintenance, inheritance, and adoption vary widely across religious communities, often perpetuating gender discrimination and patriarchal norms. This paper critically examines the systemic gender injustices inherent in India’s personal laws and advocates for the implementation of a Uniform Civil Code (UCC) as a necessary step toward achieving legal uniformity and gender equality. Drawing on constitutional principles, international norms such as CEDAW, and landmark judicial decisions, this study highlights the urgent need for reform. It underscores how a UCC can harmonize the legal framework, address existing inequalities, and provide a common platform that ensures justice for all citizens, irrespective of religion or gender. By proposing a balanced approach that respects India's cultural diversity while prioritizing constitutional ideals of equality and justice, this paper contributes to the ongoing discourse on legal and social reform in the country.851 views -
Transgender and their Workplace Discrimination
Student at Sathyabhama University, IndiaPages 2316 - 2319Transgender people still experience a great deal of prejudice in the workplace, even in spite of increased awareness and legal protections. Discrimination can occur in a variety of ways, including as unjust termination, unequal compensation, and harassment. Such prejudice can have serious repercussions, including increased rates of substance misuse, mental health problems, and suicide among transgender people. The present condition of transgender workplace discrimination is reviewed in this abstract, along with its prevalence, effects, and legal frameworks. Additionally, it emphasizes the significance of establishing welcoming environments that recognize and support transgender workers and offers suggestions on how businesses can combat discrimination and advance equality.616 views