Issue Archive · Open Access
Volume VII – Issue V / 2024
Articles · 160
-
Exploring the Effectiveness of ADR in Criminal Matters in Tanzania: A Comparative Study with England
LL.M. student at Dar es Salaam Tumaini University: DarTU, TanzaniaPages 01 - 24This article explores the effectiveness of Alternative Dispute Resolution (ADR) mechanisms in criminal matters within Tanzania, with a comparative analysis of practices in England. Despite the incorporation of reconciliation and plea bargaining in Tanzania's legal framework, these ADR mechanisms are limited in scope and application, which constrains their potential benefits in promoting restorative justice, through a combination of doctrinal, empirical, and comparative research methodologies. Thus, this article entails and identifies critical legal gaps and challenges in the current ADR practices in Tanzania. It highlights the need for substantial reforms to expand ADR mechanisms to include a broader range of restorative justice options.896 views -
Paris Agreement and Climate Litigation: An Indian Perspective
Research Scholar at University of Delhi, IndiaPages 25 - 48Climate change is a multi-faceted problem with global and regional implications. After the establishment of United Nations Framework Convention on Climate Change, various international legal instruments have been entered into force to combat climate change. The Paris Agreement was adopted in December, 2015. It replaced the erstwhile Kyoto protocol and is applauded as the most comprehensive document constituting legally binding and stringent measures towards climate change so far. The Paris Agreement has created certain obligations on member states in order to reach the objective of limiting global warming to 1.5o C. Along with identifying climate change induced loss and damages, it also encourages climate education, public participation, enhanced transparency framework and an effective implementation and compliance mechanism. All these provisions have triggered a stream of lawsuits against governments and corporations, to seek accountability for actions which contribute to climate change. claimants have applied the right to life including the “right to live in a clean and healthy environment” to establish their claims for climate change-induced losses. This paper seeks to explore the opportunity created by Paris Agreement to take climate action by way of litigation. It focuses on the international presence of climate litigation as a tool to tackle climate change with a special reference on exploring its potential in India. The paper seeks to shed light upon the concept and characteristics of climate litigation emphasizing on the role of judiciary when legislature and executive fails to do their part. While tracing the historical role of public interest litigation in resolving environmental matters, this article discusses some of the current developments in climate change case laws in India. It also attempts to examine new space for litigating climate claims post Paris Agreement. Finally, the findings of this research paper can be applied to analyze and reflect upon the implications of climate change laws both internationally and domestically.862 views -
Examining Occupational Safety and Health Issues under Labour Laws of Bangladesh after Rana Plaza Tragedy: A Critical Analysis
Assistant Professor at Department of Law, Premier University, Chittagong, BangladeshPages 49 - 66Safe work is one of the workers' fundamental rights. Occupational safety and health (OSH) is an important component of the decent work agenda, as it focuses on preventing workplace accidents and diseases, as well as safeguarding and promoting workers' health. The workplace where employees work will be free of all hazards and risks. However, workers around the world continue to die as a result of work-related accidents or diseases. For the development of Bangladesh safe work place for worker is a sine qua non. Unfortunately, Bangladesh experienced some deadly industrial accidents, the deadliest of which being the Rana Plaza tragedy. The event sparked extensive demonstrations and calls for improved safety standards. Following the tragedy, various occupational safety and health (OSH) concerns were discovered, leading the Bangladesh government to enact laws, norms, and policies that recognize the importance of OSH in ensuring workplace safety. This paper seeks to conduct an analytical analysis of the laws and policies that regulate occupational safety and health (OSH) issues in Bangladesh. It also attempts to provide a necessary improvement plan based on the findings.774 views -
AI and Work: Influence of Automation on the Indian Labour Market
Student at National Law University, Delhi, IndiaPages 67 - 79Artificial Intelligence has always inspired awe, akin to a fantasy that might transform reality as we know it, but that feeling of mystery has changed with the recent advancements in technology. Now Artificial Intelligence is no more a dream from the future; it is almost a prophetic vision come to life. The ability of the scientific imagination to provide anyone with an electronic device and an internet connection access to the vast computational arena that is powered by machine learning has brought about a current of excitement: What can we do with AI? How can we change the world? Can we make our living easier and our work faster with AI? What is next? But in accompaniment is a sense of apprehension: What else can AI do? If AI has the potential to work faster and better than us, then what is our role in an organisation? Will AI replace us? What is next? This article attempts to understand the consequences of AI adoption in order to judge the positive and negative impact that AI would have on employment in India.662 views -
Ensuring Dignity in Death: A Case Analysis of Common Cause v. Union of India
Assistant Professor at MATS University, IndiaPages 80 - 86The case of Common Cause v. Union of India is a significant case in the light of ever evolving jurisprudence of Article 21. The case builds upon the jurisprudence laid down by the Supreme Court in case of Aruna Shanbaug v. Union of India (2011) where the Court grappled with the question of legalisation of euthanasia in India. In Aruna Shaunbag’s judgment, the Court pointed out that in the case of Gian Kaur v. State of Punjab , a view was taken that while life encapsulates a gamut of rights under it, the right to die was expressly excluded from the purview of life. It was further stated that nothing more can be construed from Gian Kaur’s case and the ratio did not aid the court in coming to a conclusion in Aruna Shaunbag’s case. Aruna Shanbaug’s case is a significant judgment as it legalised passive euthanasia for the first time. The Supreme Court also made a distinction between active and passive euthanasia. Active euthanasia is where positive steps are taken to accelerate the end of a person’s life. Passive euthanasia is where the life support is withdrawn from the patients whose onset of death has already begun. It has been held by the Supreme Court that active euthanasia remains criminal and can be legalised only through a legislation by the Parliament.While passive euthanasia was legalised through the judgment of the court, the extent and expanse of this right remained unclear. In Common Cause v Union of India, the Court widened the ambit of Article 21 by stating that Right to Life includes Right to die with dignity and laid down the guidelines for streamlining the process of passive euthanasia.1,066 views -
Critical Mineral Security and its Role in Greener Technologies
Student at School of Law, Alliance University, Central Campus, Bengaluru, Karnataka, IndiaPages 87 - 95Critical minerals are indispensable for the global transition towards greener technologies, including the production of solar panels, electric vehicles, wind turbines, and advanced batteries. These minerals, such as lithium, cobalt, and rare earth elements, are essential for the economic health and technological advancement of nations. However, their supply is often limited due to factors like geopolitical tensions, geological scarcity, and trade restrictions, making their security a national priority. This paper explores the concept of critical minerals, the criteria that determine their 'criticality,' and their pivotal role in fostering sustainable technologies. It also delves into the challenges faced in securing these minerals, such as inadequate geological availability and socio-environmental issues. India, despite being mineral-rich, is heavily dependent on imports for its critical mineral needs, making the establishment of a comprehensive legal framework essential. The paper advocates for a robust strategy that includes increased exploration, research and development, and international collaborations to ensure the long-term availability and security of critical minerals. A call for legislation to regulate critical mineral security in India is emphasized, addressing stockpiling, accounting, auditing, and international partnerships, thus ensuring the country's mineral security and its role in the global green technology revolution.648 views -
Strategic Mineral Security and its Role in National Security
Student at School of Law, Alliance University, Central Campus, Bengaluru, Karnataka, IndiaPages 96 - 102Strategic minerals are critical to national security, serving as essential resources for industries that are crucial to a nation's defence and economic stability. This paper explores the concept of strategic minerals, tracing their significance from historical contexts to their modern-day applications in defence, energy, and technology sectors. India, a mineral-rich nation, faces challenges in securing these minerals due to deficiencies in certain key resources. The paper examines how minerals attain "strategic" status based on factors like supply availability, cost, and relevance to national interests. It also highlights the need for a robust legal framework to govern the security and management of strategic minerals in India, emphasizing the importance of stockpiling, exploration, and international procurement. The National Mineral Policy, 2019, though recognizing the importance of mineral security, lacks concrete legislative measures. This paper argues for the urgent development of a comprehensive legal framework to ensure the sustainable and secure supply of strategic minerals, essential for maintaining India's defence capabilities and overall national security.939 views -
What are Trade Sanctions?
Advocate at High Court of Kerala, IndiaPages 103 - 116Trade sanctions are actions taken by one country (the initiator) to halt a significant amount of its trade with another country (the target) in order to achieve political goals. Sanction actions have a variety of goals, ranging from expressing disapproval to pressuring the targeted government to change its policies. The United States is the country that has imposed the most trade sanctions. When initiating countries apply trade sanctions, they always have an agenda that must be followed by the target country. One key finding of sanctions studies is that they have a poor rate of success. It can be investigated under what circumstances punishments are effective. In around two out of every three situations, sanctions fail to achieve their policy objectives. The fact that the majority of sanctions policies fail, however, does not necessarily imply that sanctions are not effective. Sanctions have not shown to be a viable alternative to the use of force. They fail to inflict economic damage on the victim much too often. Even when they do, the expenses usually do not outweigh the benefits that the disputed policy provides to the target leadership. The majority of experts agree that trade penalties are ineffective policy tools. This evaluation has stayed true regardless of the number of countries imposing sanctions, the severity of the economic damage inflicted on the target country, or the target country’s economic development level. However, why do states continue to implement trade restrictions if they do not function is a source of concern. This paper gives an overview about what are trade sanctions with the help of few examples of sanctions imposed in different parts of the world.691 views -
Challenges facing the Implementation of Court-Annexed Mediation in the Commercial Division of the High Court of Tanzania
Tutorial Assistant at Kampala International University in Tanzania and & Legal Associate at Infinity Law Attorneys, TanzaniaPages 117 - 141The ADR in Tanzania was first manifested in 1994 by G.N No 422 which amended the first schedule of the Civil Procedure Code and introduced court-annexed ADR to resolve civil disputes amicably. The application of ADR in resolving disputes is not only limited to normal civil disputes but also extended to resolve, Tax disputes, labour disputes, investment disputes and commercial disputes in the Commercial Division of the High Court of Tanzania. Therefore, this paper explores Alternative Dispute Resolution (ADR) and its application in resolving civil disputes, focusing on court-annexed mediation as a key mechanism for resolving disputes in the Commercial Court. The article also highlights the evolution of court-annexed mediation and its impact on dispute resolution by tracing its historical background and the legal foundations underpinning its practice. The paper also explores fundamental principles governing court-annexed mediation to see if the conduct of court-annexed mediation in the Commercial Division of the High Court of Tanzania aligns with existing mediation principles. Moreover, the article provides practical challenges and recommendations for the effective use of court-annexed mediation in resolving commercial disputes, aiming for positive outcomes and enduring resolutions.954 views -
The Fictious Notion of Separability of Arbitration Agreement and Its Conformity to Consensual Nature of ADR in Tanzania Main Land
LL.M. student at Tumaini University Dar es salaam College (TUDARCo), TanzaniaPages 142 - 158The doctrine of separability in arbitration posits that an arbitration agreement is autonomous and distinct from the underlying contract in which it is contained. This fictitious notion has generated significant debate concerning its alignment with the consensual nature of Alternative Dispute Resolution (ADR) in Tanzania. This article critically examines the theoretical underpinnings and practical implications of the separability doctrine within the Tanzanian legal framework. By analyzing key cases and statutory provisions, the article explores whether the doctrine upholds or undermines the voluntary and consensual essence of arbitration. It highlights the potential challenges and inconsistencies that arise when enforcing arbitration agreements deemed separate from potentially invalid contracts. The article also delves into comparative perspectives, assessing how other jurisdictions reconcile the doctrine of separability with the principle of party autonomy. Findings suggest that while the separability doctrine aims to safeguard the arbitration process from disputes affecting the main contract, it sometimes conflicts with the foundational principle of consensual dispute resolution. The article concludes with recommendations for aligning the doctrine of separability with the consensual nature of ADR in Tanzania, proposing legislative and judicial measures to ensure a balanced approach that respects party autonomy while maintaining the efficacy of arbitration as a dispute resolution mechanism.727 views -
Social Acceptance vs. Legal Rights: The Dual Realities of Inter-Caste and Inter-Religious Marriages in Modern India
Research Scholar at Faculty of law, University of Lucknow, Lucknow, Uttar Pradesh, IndiaPages 159 - 173Inter-caste and inter-religious marriages in India, while legally protected, continue to face significant social challenges rooted in deep-seated cultural norms and prejudices. This article examines the dual realities of legal rights and social acceptance, highlighting the persistent gap between the two. Despite constitutional guarantees and the Special Marriage Act, 1954, societal resistance to inter-caste and inter-religious marriages often leads to severe consequences like social ostracization, honor killings, and psychological trauma. The article examines judiciary and state efforts, highlighting their limitations against deep-rooted societal attitudes. Additionally, it discusses the influence of media, films, and social media in shaping public perceptions, either reinforcing or challenging existing biases. To bridge the gap between law and societal practice, the article proposes comprehensive strategies, including legal reforms, robust enforcement of protections, and extensive educational and community engagement initiatives. These efforts play a key role in fostering an inclusive society where people can exercise their legal rights without fear, ensuring true equality and justice across caste and religion.1,488 views -
Comparison of Responsible Mining Law and Policy in India and Canada
Student at School of Law, Alliance University, Central Campus, Bengaluru, Karnataka, IndiaPages 174 - 182This paper provides a comparative analysis of responsible mining laws and policies in India and Canada, two leading mineral-producing nations. Responsible mining, defined as mining practices that respect human rights, protect the environment, and contribute to economic development, is crucial in mitigating the adverse social and environmental impacts of mining activities. The study examines the legal frameworks in both countries; highlighting India’s comprehensive but often inadequately enforced mining laws, which prioritize sustainability over responsibility. In contrast, Canada is lauded for its effective implementation of responsible mining practices, driven by stringent regulations, transparency measures, and initiatives like the Towards Sustainable Mining (TSM) framework. The paper argues that while India has made strides in sustainable mining, it can learn from Canada’s transparency and enforcement strategies. Conversely, Canada could enhance its approach by extending mandatory social services to all mining-affected communities, not just indigenous groups. The paper concludes that both nations have room for improvement and emphasizes the need for robust legal enforcement and genuine corporate responsibility to achieve truly responsible mining practices.650 views -
Trading in Virtual Water: An Analysis on the Legal Implications of Trade in Virtual Water and the Necessity for Legal Mandate
Student at School of Law, Alliance University, Central Campus, Bengaluru, Karnataka, IndiaPages 183 - 192Water is a basic element of life and plays an important role in sustaining ecosystems and human societies. Despite its plenitude, many countries face severe water shortages, exacerbated by factors such as population growth, industrialization and climate change. The concept of virtual water – water embedded in the production of goods, particularly agricultural products has emerged as a significant aspect of international trade, offering a potential solution to global water scarcity. This paper explores the implications of virtual water trade distinguishing from real water and its impact on the environment and water crises, particularly in India. India as a major exporter of virtual water faces challenges related to water depletion and environmental degradation raising questions about the sustainability of the current practices. This paper critically examines existing international and national legal frameworks, identifying the gaps and proposing the necessity of a legal mandate to regulate virtual water trade. Ultimately this paper calls for a balanced approach to virtual water trade, aligning economic benefits with environmental sustainability and equitable access to water resources.721 views -
Women's political participation in Morocco has evolved significantly over the past few decades, reflecting broader socio-political changes and a growing recognition of gender equality as a cornerstone of democratic governance. This article examines the historical context, current challenges, and future perspectives of women's involvement in Moroccan politics. By analyzing key policies, social dynamics, and cultural factors, the study highlights both the progress made and the barriers that persist in achieving equitable political representation.897 views
-
Pages 205 - 214It becomes evident that international law has moulded the functioning of the Rwandan domestic courts. Rwanda opted to pass legislation that allowed international crimes to be prosecuted. This signalled the intention of the Rwandan state to hold responsible and accountable those involved in the human rights that were grossly violated during the genocide. The author seeks to establish the role that domestic courts play in international proceedings through a case study on the Rwandan genocide. The question this research paper aims to answer is whether: domestic courts effectively deal with international crimes. In order to answer this question, the author first looks into the general role of international courts and brings in the complementarity principle. The next section of the paper introduces the genesis of the Rwandan genocide and its implications. The final aspect that the author explores is with respect to if the domestic courts of Rwanda could deal with the international crimes.845 views
-
Forms of Protection of Constitutional Rights: A Comparative Study across USA, India, and South Africa
LL.M. student at MNLU, Nagpur, IndiaPages 215 - 228The evolution of rights and duties throughout history has intentionally or unintentionally left an impression on society through monetary benefits, socio-political changes, and eventually progression of the State as a welfare state. Over time, the evolution of rights occurred through rights being conferred by the State and inherent rights of every human being. In modern times, the most common and important source of rights and duties of every State and individuals governed by the State is enshrined in a “Constitution” of a state. The Constitution provides a guiding principle and a framework for governance of the State and its subjects. Thus, the rights and duties provided in the Constitution must be looked at from time to time to combat current socio-political changes across the globe. Hence, a comparative study of “Constitutional rights” across certain jurisdictions provides a comprehensive understanding of rights and also provides an avenue to amend the Constitution and the Constitutional rights for ultimately striving the State towards a welfare state. In order to uphold the Constitutional rights, it is important to accord certain protection to those rights, therefore a comparative study understanding the forms of protection to Constitutional Rights upholds the sanctity of the Constitutional Rights. This paper thereby attempts to understand rights, various facets, scope, sources and forms of protection of Constitutional rights across jurisdictions such as the USA, India, and South Africa, and thereby provides a comparative study of various facets of protection of “Constitutional rights” with suggestions across the aforementioned jurisdictions.770 views -
Pages 229 - 247Food security is a critical concern for India, a country with a large population and diverse socio-economic challenges. In response to this issue, the Indian government has implemented various policies and programs, with the National Food Security Act, 2013 (NFSA) being a prominent one. The NFSA, enacted in 2013, aims to provide subsidized food grains to approximately two-thirds of the population, ensuring access to food for vulnerable sections of society. However, the impact of these food security laws on women empowerment has been a subject of interest, as women play a vital role in household food management and nutrition. This research paper explores the relationship between food security laws in India and their impact on women empowerment, evaluating how these policies have influenced women's access to food, nutrition, and management related issues. By analysing the implementation and outcomes of these laws, the research highlights the role of women in getting benefits by the food security programs and enhancement of women empowerment. Analytical approach of the research has been employed in this research paper. Dues weightage has also been given to the authors and research whose work references have been taken in this paper.655 views
-
Confident, Major, Educated?
Student at Institute of Law, Nirma University, IndiaPages 248 - 251The article examines the discrepancies faced by the parents of minor girls who run away from their homes and are unable to get them back due to the boundation of the courts to abide by the will of the corpus and are unable to get them back. The Article also examines the Doctrine of Sole Respository and how the writ of Habeas Corpus directly comes under the perview of Article 21 and emoahsizes its enforcement. It further highlights the reasoning of various high courts while granting the writ of habeas corpus in such scenarios. The Artice concludes by examining how the courts are commited to safeguard the rights and act according to the will of the Corpus. It also examines the socio-legal aspect of such right granted by the Constitution.621 views -
An Analysis of Changing Nature of Live-In Relationship with recent Pronouncements
Assistant Professor at Shri Ram College Of Law, Muzaffarnagar, Uttar Pradesh, IndiaPages 252 - 265A live-in relationship is a form of domestic cohabitation, in which two people in a love relationship voluntarily cohabit together without legally recognizing their relationship through marriage. The nature of live-in relationships has undergone a notable transformation in recent years, influenced by evolving societal norms and critical judicial pronouncements. Traditionally marginalized and viewed with skepticism, these relationships have gradually gained legal recognition as courts across various jurisdictions have acknowledged their legitimacy. This shift reflects a broader acceptance of diverse forms of partnerships outside conventional marriage. Court rulings in recent years have played an important role in shaping the statutory framework encircling live-in relationships. They have extended protections and rights to partners, addressing issues such as the legitimacy of children born from these unions, rights to maintenance, and the applicability of domestic violence protections. Such decisions mark a departure from the traditional legal perspective that predominantly centered on marriage as the only recognized form of domestic partnership. This paper delves into the evolving legal landscape of live-in relationships, exploring how judicial decisions are challenging entrenched societal norms. It examines the implications of these rulings as live-in relationships continue to gain acceptance and visibility. Ultimately, this abstract underscores the dynamic interplay between law and social change, highlighting how judicial interpretations are contributing to a more inclusive understanding of relationships and family structures in contemporary society.758 views -
Sexual Exploitation and Abuse (SEA) by the UN peacekeepers has become an egregious norm which has penetrated within the peacekeeping missions to such an extent that its extinction seems impossible, at least in the near future. The UN peacekeepers have been reported to commit not only coercive acts like rape or forced sexual activities like sodomy but also transactional sex and other forms of abuse Nonetheless, some profound scholars have undertaken empirical, statistical as well as qualitative analysis of the SEA allegations against UN peacekeepers and have suggested certain reforms like the inclusion of more female peacekeepers in the missions, so as to prevent SEA. Therefore, this paper, while deploying qualitative methods, would undertake a detailed analysis of the existing literature with regards to the practice of SEA by UN peacekeepers, and thereby gauge the international law framework pertaining to the same. In such backdrop, the paper in its restricted capacity, would underscore the various foundational pillars of the UN and public international law on which the UN peacekeepers operate and carry out missions worldwide. It would also offer sufficient insights into the extent of SEA practiced by UN peacekeepers through chronologically tracking the unfolding of events, wherein the allegations gradually came into light. Furthermore, it would highlight the reforms that have hitherto been taken by the UN, in order to assuage the problem of SEA and thereby conclude that they lack in essence. Finally, it would also address the emerging notion of women peacekeepers as the panacea to reduce SEA, and ultimately conclude that it is based on gender stereotypes, whereby the emphasis should be more on gender-balanced peacekeeping forces.697 views
-
Pages 280 - 296The pursuit of sustainable development, aimed at balancing the competing needs of environmental protection and economic growth, is a critical challenge facing nations globally. In India, the establishment of the National Green Tribunal (NGT) in 2010 under the National Green Tribunal Act represents a significant judicial mechanism dedicated to addressing environmental disputes and advancing the cause of environmental justice. This research article explores into the legislative framework underpinning sustainable development in India, examining key statutes such as the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and the Wildlife Protection Act, 1972, among others, which provide the legal basis for environmental governance. It further explores the establishment, powers, and functions of the NGT, highlighting its pivotal role in adjudicating environmental cases and enforcing legal standards for environmental protection. Through a detailed analysis of landmark cases and decisions by the NGT, the article assesses the tribunal's impact on sustainable development practices within the country. It scrutinizes the NGT's approach to various environmental challenges, including air and water pollution, biodiversity conservation, and waste management, showcasing its contributions to environmental jurisprudence in India. However, the NGT faces criticisms and challenges, such as allegations of judicial overreach and difficulties in balancing development needs with environmental sustainability. The article proposes suggestions for strengthening the NGT's role in promoting sustainable development, emphasizing the importance of integrating environmental considerations into the fabric of national development planning. By providing a comprehensive overview of the NGT's contributions and challenges, this research aims to foster a deeper understanding of its role in shaping India's environmental policies and practices, offering insights into the future trajectory of environmental governance in the context of sustainable development.1,407 views
-
Artificial Intelligence’s Role in Environmental Conservation: A Study on Harnessing Artificial Intelligence for Planetary Preservation
LL.M. Student at Guru Nanak Dev University, Amritsar, Punjab, IndiaPages 297 - 306The escalating environmental challenges confronting our planet demand innovative solutions. Among these, Artificial Intelligence (AI) emerges as a powerful ally in the quest for environmental conservation and sustainability. This research article delves into the multifaceted role of AI in mitigating environmental degradation and fostering planetary preservation. Through an extensive review of literature and case studies, the study elucidates the diverse applications of AI in environmental monitoring, conservation, and management. From optimizing renewable energy systems to revolutionizing waste management practices, AI offers unprecedented opportunities for enhancing resource efficiency and minimizing ecological footprint. Furthermore, AI’s predictive capabilities enable proactive measures in disaster management and biodiversity protection, mitigating the adverse impacts of climate change and human encroachment on natural habitats. However, alongside its potential benefits, the paper also addresses the ethical considerations and potential risks associated with AI deployment in environmental contexts. By synthesizing existing research and providing insights into future directions, this study underscores the imperative of harnessing AI as a catalyst for sustainable development and planetary well-being.712 views -
Perception of People Towards Transgenders and LGBTQ in Ahmedabad and Kanpur: A Comaparative Analysis
Student at Gujarat National Law University, IndiaPages 307 - 325In recent years, there has been a noticeable shift in the societal acknowledgment of transgender individuals, a recognition that they have long sought. However, the path towards acceptance has been fraught with challenges. While certain segments of society, particularly those residing in tier 1 cities, have started to embrace them, there persists a prevailing issue concerning public perception. Conversely, individuals from lower socioeconomic backgrounds often dismiss or negate the existence of this community, viewing it solely through the prism of a mental health issue requiring treatment. These societal attitudes continue to present obstacles to their complete inclusion and acceptance. This paper aims to scrutinize the prevailing perceptions of transgender individuals in both tier 1 and tier 2 cities, utilizing Gandhinagar and Kanpur as case studies. The research initially delves into the attitudes and beliefs of younger demographics concerning the acceptance of transgenders. This involves comprehending their perceptions, viewpoints, and levels of support for gender diversity. The study investigates the role of education in shaping attitudes towards transgender individuals. Supporting data from various studies indicate that despite legal advancements, societal attitudes towards transgenders remain a significant challenge. For instance, a survey conducted by the Pew Research Centre in 2020 found that while acceptance of homosexuality has increased over the years in many countries, there still exists a significant portion of the population, particularly in regions with conservative social values, that oppose it. It endeavors to uncover whether individuals with higher educational attainment tend to exhibit greater acceptance and inclusivity towards gender-diverse communities. The research examines the potential impact of religion on attitudes towards transgender individuals. This entails exploring how religious beliefs and teachings may influence individuals' acceptance or rejection of gender diversity. Research published in the American Journal of Public Health in 2019 highlighted how socioeconomic factors can impact the health outcomes and experiences of transgender Finally, the study investigates whether socioeconomic background plays a role in shaping people's attitudes.881 views -
Cyber Jurisprudence: Exploring Libertarianism, Universalism, and Nationalism in Digital Law
Assistant Professor at Nepal Law Campus, Kathmandu, NepalPages 326 - 339The rapid evolution of digital technologies has given rise to a new frontier in legal philosophy: cyber jurisprudence. This article examines the complex interplay between three dominant ideological frameworks which are —libertarianism, universalism, and nationalism—in shaping the landscape of digital law. Through a comprehensive analysis of case studies, legal precedents, and emerging trends, this author aims to explore how these competing philosophies influence policy-making, judicial decisions, and the overall governance of cyberspace. Steeping the ground of foot into issues such as data sovereignty, online privacy, freedom of expression, and transnational cybercrime, and this study illuminates the challenges and opportunities in developing a coherent and equitable system of digital law for the 21st century.624 views -
Analysis of Digital Evidence Admissibility in the Administration of Justice in Kenya: An Implication of Sexual Offenses Crime
Lawyer & PhD Scholar at School of Business and Economics, Jaramogi Oginga Odinga University of Science &Technology, KenyaPages 340 - 351Digital evidence just like other forms of evidence are expected to provide information to court trying cases, involving factual disputes including testimony, documents, and physical objects Section 3(2) of the evidence Act CAP 80 of the laws of Kenya, defines evidence as something (including testimony), documents and tangible objects that tend to prove and disprove existence of the alleged facts. In the words of Eughan Cassey, digital evidence is “any data stored or transmitted using a computer that support or refute a theory of how an offense occurred or that address critical elements of the offense such as an intent or an “alibi”. This paper focuses on the substantive laws providing the legal frame works for the admissibility of digital evidence in the administration of justice in Kenya with emphasis on sexual offenses cases. The paper intends to analyze the adequacy and the effectiveness of Kenya laws when handling digital evidence in the administration of justice. The object of a court is to administer justice and the purpose of digital evidence investigators is to present or provide supporting evidence, facts, and the probabilities. The fundamental question, should any digital evidence stored in a computer continue to be treated as documentary evidence? It is imperative to examine the jurisprudence from other jurisdictions as well. The paper analyzes whether digital evidence is admissible in Kenya and its consideration of probative value and reliability.1,197 views -
Constitutional Challenges in Implementing Environmental Policies in India
Student at University of Lucknow, IndiaPages 352 - 357India's fast economic development and diverse ecological landscape pose many challenges in implementing environmental regulations despite having a robust constitutional framework. The article aims to briefly delve into the constitutional challenges against effective environmental policy execution. Infrastructure expansion poses challenges and raises crucial questions about prioritizing growth over environmental sustainability. The directive principles are visionary but non-enforceable which further complicates the situation. The federal structure of India adds another layer of complexity. Environmental matters are shared by the union and the state governments. This leads to jurisdictional overlaps. Other problems include political interference, weak enforcement mechanisms and limited resources. Judicial activism plays an important role with many landmark cases shaping environmental jurisprudence. The courts have proven to be an effective redressal forum in dealing with issues related to environmental protection, particularly in the context of human dignity and right to life. To address the challenges, a multifaceted approach is necessary. Steps like streamlining regulatory responsibilities, eliminating political intervention and enhancing public participation are pivotal in encouraging a balance between ecological sustainability and rapid industrial development.615 views -
Pages 358 - 370The exploration of Article 14 of the Indian Constitution offers a comprehensive analysis of its provisions and implications. Rooted in the historical evolution of principles like liberty and equality, Article 14 stands as a cornerstone of democratic governance. Its origins can be traced back to the Enlightenment era, where thinkers like Rousseau and Locke advocated for social contracts emphasizing equality among citizens. This foundational principle found expression in revolutionary movements such as the French and American Revolutions, laying the groundwork for modern constitutional law. Article 14's scope has expanded over time, encompassing substantive equality and protection against arbitrary state action. The principle of equality is not static but evolves in response to societal changes and legal interpretations. It discusses the historical context and evolution of the principles of liberty and equality, emphasizing their incorporation into various legal frameworks globally. The abstract also delves into the significance of the rule of law in ensuring fair and just governance, tracing its origins to ancient civilizations and highlighting its fundamental elements. Furthermore, it examines the interpretation and application of Article 14 by the judiciary, addressing key cases that have shaped its understanding over time. The abstract concludes by underscoring the dynamic nature of Article 14, which has expanded beyond its original scope to encompass broader principles of substantive equality and protection against arbitrary state action.648 views
-
Harmonizing Arbitration & Competition Law Disputes
Advocate at Delhi High Court, IndiaPages 371 - 378Numerous national courts have examined the possibility of arbitrating disputes pertaining to competition law. Even though case law from the United States, the United Kingdom, and the European Union (E.U.) generally favors a positive outcome, this subject is still being contested in India to get around arbitration provisions. There is a consensus in India that rules that are necessary, like competition laws, are meant to safeguard important society interests, and therefore arbitration provisions should be avoided. The premise of the argument is that the implementation of such laws should not be left to uncontrolled national or international arbitral bodies. Considering this, this researcher examines the coherence between arbitration procedures and competition law issues in India and offers viable ways to reconcile the two fields while preserving the public interest. Considering that, Part I illustrates India's distinct method of dealing with issues arising under competition law, emphasizing the Competition Act's precedent and the civil courts' restrictions in handling these cases. Part II analyses the "four-fold test" for arbitrability that was presented in the Vidya Drolia case, evaluating its standards and consequences for Indian competition disputes. Part III investigates the potential for using the "second-look doctrine" and cooperative knowledge to protect public policy in India's arbitrability of competition disputes. Part IV compares the minimalist and maximalist viewpoints to examine the various standards of review and the degree of respect accorded to arbitrator rulings in competition law issues. Finally, Part V suggests a random de novo review of arbitration rulings as the best course of action, arguing that courts must strike a compromise between upholding required standards and maintaining the benefits of international arbitration.585 views -
Arbitration Agreement: A Cornerstone of Arbitration in Tanzania Mainland
LL.M. Candidate and an Advocate of the High Court of Tanzania and Court Subordinate, TanzaniaPages 379 - 395Arbitration is the basic method of commercial dispute resolution in Mainland Tanzania which is done either through ad hoc arbitration or arbitral tribunal, it is a pure private court whereby the parties choose who to settle their dispute and the decision is of the arbitrator and binging the parties themselves. Because of the development of the modern commercial transaction necessities the parties to settle their disputes through amicable ways by invoking the arbitration as the method of settling their disputes on which the parties choose who settle their disputes and the decision becomes of the arbitrator and binding the parties in dispute. The arbitral jurisdiction is basically provided in either the arbitration clause or the major contract of which the court of law cannot interfere with the arbitration clause or agreement stipulated. The sanctity of the agreement must be respected because the arbitration agreement is the cornerstone of the arbitration which is the subject of this discussion. This article expounds on the arbitration agreement, principles of arbitration, and the essential elements of arbitration. It further emphasises that an arbitration agreement is the foundation of arbitration disputes settlement in arbitration jurisdictions. Hence, there is no arbitration that can be adjudicated without the arbitration agreement as it sets the foundation for arbitral procedures. Contrary to that the procedure thereof can be declared void.749 views -
Bangladesh’s Recent Land Crime Prevention and Remedy Law: A Critical Evaluation
Assistant Professor at Department of Law, Premier University, Chattogram, BangladeshPages 394 - 415Land-related crimes have been a longstanding and enduring problem in Bangladesh, intensifying social discontent, economic instability, and pervasive injustice. The Land Crime Prevention & Remedy Act 2023 was implemented as a comprehensive legislative blueprint with the objective of tackling these concerns through the establishment of stricter sanctions, more precise definitions of land crimes, and strong enforcement mechanisms. This paper undertakes a critical analysis of the Act in order to evaluate its efficacy in mitigating land-related crimes in Bangladesh. The initial implementation of the Act is analyzed in light of this context, emphasizing its main features, such as the definition of several land-related offences, the specified fines, and the administrative frameworks created to enforce the legislation. Upon further examination, the Act demonstrates many notable advantages, such as its thorough methodology in defining land crimes, its emphasis on deterrence through increased penalties, and its efforts to simplify the resolution procedure for property disputes. These factors encompass possible gaps in the legal terminology, the intricacies of implementing the legislation in rural regions, the possibility of corruption among law enforcement personnel, and the Act's dependence on preexisting, frequently defective, administrative frameworks. The write up offers valuable perspectives on the efficacy of the Act in diminishing crime rates, enhancing the administration of justice, and reinstating public trust in the judicial system. In addition, the article proposes that future study should prioritize the enduring effects of the Act and investigate the involvement of local governments in facilitating its successful execution. The efficacy of the Land Crime Prevention & Remedy Act-2023 in Bangladesh's legal response to land-related crimes depends on the resolution of certain operational obstacles.1,297 views -
Towards Equitable Learning: Exploring Artificial Intelligence in Inclusive Education
Researcher in Educational Technologies and Inclusive Education, IndiaPages 416 - 434This study investigates how Artificial Intelligence (AI) can revolutionize education by fostering equity and inclusivity for diverse learners. The paper examines cutting-edge AI technologies such as adaptive learning systems, smart tutoring platforms, and AI-enhanced assistive devices, exploring their potential to address varied educational needs. It delves into the ways AI implementation can yield personalized learning journeys, improve accessibility for students with disabilities, and bolster social-emotional development. Key discoveries suggest that AI has the capacity to enhance educational outcomes substantially by customizing instruction, offering targeted assistance, and establishing more accessible learning spaces. These innovations could significantly impact inclusive education, potentially narrowing achievement disparities and empowering underserved student populations. Nevertheless, the study also scrutinizes crucial ethical issues, including data protection, algorithm fairness, and technological inequalities, underscoring the importance of responsible AI development and deployment in educational contexts. Through a synthesis of contemporary research and real-world applications, this investigation offers valuable perspectives for educators, policy makers, and researchers on harnessing AI to cultivate more equitable learning environments. The paper concludes with an exploration of future trajectories and advocates for collaborative initiatives to unlock AI's potential in advancing inclusive education, while prioritizing ethical considerations and equal access. This comprehensive analysis contributes to the expanding knowledge base on AI in education and proposes a blueprint for crafting more inclusive, individualized, and effective learning experiences for all students.783 views -
Federalism For Sustainability: Leveraging Multi-Level Governance for Environmental Protection in India
PhD Scholar at School of Law, KIIT-DU, Bhubaneswar, IndiaPages 435 - 460India, a federal country with a variety of habitats, encounters substantial environmental difficulties. This research examines the relationship between federalism and environmental governance in India. It also aims to evaluate the efficacy of the existing federal framework in attaining environmental sustainability. It examines the potential of multi-level governance to enhance environmental protection initiatives. This research utilises a doctrinal legal research technique. The paper analyses the allocation of legislative and executive authority in environmental affairs between the federal government and individual states. It examines how the distribution of power might result in gaps in implementation and inconsistencies across various locations. It further examines the function of institutions like the National Green Tribunal in addressing the divide between central and state-level environmental regulation. The analysis indicates that although the Indian federal structure promotes diversity, it can impede coordinated and efficient environmental action. The paper highlights difficulties such as the presence of multiple authorities with overlapping jurisdiction, insufficient allocation of resources at the state level, and a lack of collaboration between different levels of government. Nevertheless, the study also emphasises the possibility of multi-level governance, wherein federal, state, and local governments cooperate to formulate and execute environmental policies that are customised to meet the specific requirements of different regions. The findings of this study suggest that the establishment of a comprehensive federal framework, which prioritises multi-level governance, is essential for attaining environmental sustainability in India. Identifying significant areas for change includes strengthening intergovernmental collaboration, boosting the ability of local bodies, and fostering public participation.660 views -
The study investigates the impact of celebrity endorsement in surrogate advertising on the purchasing behaviour of youth, with a focus on Guwahati City. Surrogate advertising, often employed by alcohol and tobacco companies, promotes alternate products under the same brand names due to legal restrictions on direct advertising. This research highlights how youth, frequently exposed to such advertisements, are influenced by the celebrities endorsing these products. A majority of respondents are familiar with alcohol-based surrogate advertisements, associating them with brands like Kingfisher and Royal Stag. The study further explores the ethical concerns raised by such marketing practices, as 61.2% of respondents perceive surrogate advertising as unethical. Moreover, celebrity endorsements in these advertisements are found to have a significant impact on consumer buying behaviour, with 66% of participants acknowledging their influence. Despite ethical debates, the study concludes that celebrity endorsements in surrogate advertisements remain a potent marketing tool, shaping consumer preferences and encouraging brand loyalty among the youth. Further research and stricter regulations are suggested to balance the ethical implications and marketing strategies.606 views
-
India has committed itself to significantly reduce the GHG emissions through solar energy driven energy generation by 2030. It is identified as the critical ingredient for the resulting de-carbonization & industrial sustainability in India Developments during COP26, COP27 & COP28 Climate summits placed tremendous spotlights on the urgent need for the world to accelerate the pace of global renewable energy generation capacities and thereby achieve the monumental task of net-zero emissions by 2050 or so. India's commitment in Glasgow meet (COP26) towards achieving the net-zero emissions in the country by 2070 has gained renewed significance. Solar energy is globally considered to be the top contributor towards this end and has been aptly brought out in the Energy Vision 2030 framework of India. India's solar installed capacity has undergone a remarkable transformation over the past five years, witnessing a staggering growth of nearly 225% - surging from 21,651 MW to an impressive 70,096 MW in 2023 . India has confidently initiated gigantic solar projects especially in Rajasthan, Gujarat, Tamil Nadu, Andhra, Karnataka, etc. to achieve the ambitious objective. The Ultra Mega Solar projects like Bhadla Solar Park in Rajasthan and Pavagada Solar Park in Karnataka have led to successful green energy story in India. To facilitate sustainable, efficient & green energy ecosystem for Indian Industries, an additional reformative surge into green energy/climate finance needs to be garnered through the Central/State Govt. support mechanism as well as private sector-backed PE’s along with upcoming global climate finance institutions. The proposed Electricity (Amendment) Bill, 2018 and 20 would play a definitive role in India’s clean energy goals. The paper analyses India’s per capita energy consumption rise in recent years and its mitigation through solar energy driven transition, keeping in view the long-term Net Zero Goals too.516 views
-
Double Taxation in the Digital Economy: Implications and Challenges in Tanzania
LL.M. Candidate at School of Law, Dar es Salaam Tumaini University, TanzaniaPages 505 - 514In recent years, the taxation of the digital economy has been an important discussion topic. Businesses now regularly perform activities in jurisdictions without maintaining a physical presence, by not having a legal entity or branch. This may result in misalignment between where value is created for certain (digital) activities and where the current international tax regime allocates the taxing rights. Therefore, the fundamental concepts of tax residence and source on which the current international tax system is based is viewed to be problematic. Despite the attempts to reach a consensus at a global EU level, international initiatives have not yet led to adjustments of the international rules of taxation of certain digital activities. This in turn leads to the creation of the issue of double taxation where nations dispute over which has the right to taxation on the digital services provided. Hence, more than twenty countries worldwide (including the UK, France, Italy, Spain, India and Canada) have implemented or proposed to implement a so-called Digital Services Tax (“DST”). These unilateral DSTs are generally meant as an interim solution until there is an agreement at international level for the taxation of income generated by multinational enterprises with digital services. It is intended to have a coordinated repeal of unilateral measures, such as DSTs, when agreement is reached on OECD/G20’s Pillar One (Pillar One and Transfer Pricing).521 views -
Commercial Surrogacy and the Effects of Its Inadequate Controlling Mechanism
LL.M. student at Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law, IndiaPages 515 - 531Surrogacy has been practiced in India since ancient times. Back then, it was called Niyoya Dharma. Looking into Hindu mythology, the seventh child of Devki and Vasudev. Balram’s embryo was moved to Rohini's womb. Rohini was Vasudev's first wife. This was done to save the baby from being killed by Kansa. Gandhari in the Mahabharata had a unique case. After two years of pregnancy, she delivered a mass. Rishi Agyasa found this mass had 101 cells. These cells were grown outside the womb in a nutrient medium. From this, 100 male babies known as Kaurans & one female named Dushala were born. Then there's Kartikey, often seen as the god of fertility. He was born through surrogacy too! His parents were Shiva and Ganga (the surrogate mother) .Clearly, surrogacy existed long ago. It shows no conflict between assisted reproduction and socio-religious practices. Examining records that span thousands of years, specifically Indian Vedic literature, alongside today’s scientific discoveries involving molecules, genes, and DNA, it is evident that motherhood is an instinct-driven physiological phenomenon. The instinct for motherhood stands as the most potent desire within all living creatures, including animals and humans. Ancient Indian philosophy posits that life's biological purpose is to propagate one's own traits (genes). All living beings are in a transitional phase to pass their traits (genes) to the next generation. Propagation emerges as the ultimate aim of any species. In India, infertility is often viewed as a social stigma. The pain and trauma of infertility are intensely felt by infertile couples themselves. Although infertility does not threaten one's life, it imposes a profound impact on individuals unable to fulfil the biological role of parenthood through no fault of their own. Generally speaking, Indian society exhibits a stable family structure and a strong desire for children, especially sons to carry forth the lineage or "Vansh." With the significant advancements in medicine, infertility can now be addressed with new medical technologies collectively referred to as Assisted Reproductive Technology (ART), such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). However the commercialized service of assisted reproductive technology have its own set of pros and cons involving moral and legal concerns that require proper regulation to curb and prevent the ill consequences.585 views -
Legal and Institutional Frameworks Shaping ADR in Tanzania’s Aviation Industry: A Comprehensive Review
LL.M. Candidate at Dar es Salaam Tumaini University (DarTU), TanzaniaPages 532 - 555This article comprehensively reviews the legal and institutional frameworks shaping ADR in Tanzania’s aviation industry, specifically focusing on dispute resolution mechanisms. It examines the key laws and regulations, including the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Civil Aviation Act, and the Arbitration Act, which collectively govern the industry. These frameworks are crucial for promoting safety, efficiency, and the orderly resolution of disputes in the aviation sector. Additionally, the article explores the role of critical institutions like the Tanzania Civil Aviation Authority (TCAA), the Tanzania Airports Authority (TAA), and the Commission for Mediation and Arbitration (CMA), each of which plays a vital part in ensuring compliance with both domestic and international standards. The review highlights how Alternative Dispute Resolution (ADR) methods, such as mediation, arbitration, and conciliation, have been integrated into the legal system to provide efficient and less adversarial means of resolving aviation-related disputes. The analysis also touches on relevant international instruments, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the International Civil Aviation Organization’s (ICAO) regulations. By addressing these legal structures and institutional mechanisms, the article offers insight into the strengths and potential challenges facing the aviation industry in Tanzania, particularly regarding the resolution of disputes and regulatory compliance.905 views -
Eliminating Bureaucracy and Enhancing Efficient Land Management under the Lagos Integrated Land Administration Automation System
Permanent Secretary at Lands Bureau, Lagos, NigeriaPages 556 - 567Unlocking the economic potentials of land through technology-driven land management processes is a mission of Governor Babajide Sanwolu’s THEMES Plus Agenda for achieving a 21st century economy in Lagos. Recently, the Lagos State, Nigeria, Governor formally inaugurated an Integrated Land Administration Automation System, which is the application of advanced technology to land management processes. In this briefing paper, I examine the adoption of the Automation System and identify its functionalities with respect to efficient land management in Lagos. This paper finds that under the Automation System, eliminating bureaucracy and enhancing efficient land management are attainable for a 21st century Lagos economy.509 views -
According to most definitions, a social group is called a tribe that often resides in a certain region, has a common language, homogenous culture, and cohesive social structure. A group of people is often described as a "social group," typically made up of multiple siblings, bands, communities, or other unique groupings and is typically defined by the presence of a distinct territory a unique dialect, or a uniform and unique culture, which can be either a cohesive political organisation or, at the very least, possesses a common unity with regard to outsiders. A tribe is therefore a territorial linguistic, religious, cultural, and cohesive group societal structure. A tribe that is scheduled is an idea from the Constitution and administration. It alludes to the tribal population, those covered by Article 342 the Indian Constitution. This study will be able to comprehend how the market economy affects the nation's indigenous ethnic tribal communities; this can assist decision-makers in the future organising the process of creating the livelihood pattern of the localities.723 views
-
Gaurav Kumar v. Union of India: Exorbitant Bar Council Enrolment Fees
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 581 - 590This Study looks at the Constitutional and legal ramifications of the case titled “Gaurav Kumar v. Union of India” with particular attention to the claims that the state bar councils charged outrageous enrollment fees. The financial strain on would-be advocates, their entry into the legal field, and the wider implications for social justice are also covered in the paper. The purpose of the paper is to determine whether or not these fees are consistent with the concepts of equity and reasonableness by examining the constitutional demands, judicial decisions, and stakeholder comments. The Proceedings under Article 32. The Constitution of India addresses a challenge to the validity of the enrolment fees charged by the state bar councils. The grievance is that the fees charged by the SBCs at the time of admission of persons on state rolls are more than the enrolment fee prescribed under Section 24(1)(f) of the “Advocates Act of 1961”.610 views -
Bridging the Gap: The Synergy of Gender Equality and Economic Growth in Developing Nations
Student at Christ (Deemed to be University), Pune, IndiaPages 591 - 607This paper explores the interplay between gender equality and economic growth in developing nations, emphasizing their mutual reinforcement. Gender equality is not only a fundamental human right but also a critical component of economic development. By ensuring equal opportunities for all genders, developing countries can harness the full potential of their human capital, leading to increased productivity and innovation. This study reviews existing literature and empirical data to highlight how gender disparities in education, labor market participation, and political representation impede economic growth. It also examines policy interventions that have successfully promoted gender equality and their positive impacts on economic performance. Through a synergistic approach, this paper argues that fostering gender equality can lead to more inclusive and sustainable economic growth. The findings suggest that integrating gender-responsive policies in areas such as education, healthcare, and labor markets can bridge the gender gap and catalyze economic advancement. The study concludes with recommendations for policymakers to adopt comprehensive strategies that promote gender equality, thereby driving economic growth and development in developing nations.552 views -
Inclusion of Gig Workers of India under the Labour Welfare Schemes: A Critical Analysis
Assistant Professor at KLE Law College, KLE Technological University, Bangalore, IndiaPages 608 - 614India based gig economy has also expanded a lot as a result of digitization and flexible employment models. Ride hailing drivers, food delivery agents, and freelance workers on whom the Gig Economy relying heavily are not included in all the labor welfare schemes that have been applicable to organized employee workers. Women labour force exclusion culminates in this section where they are left with other problems such as; income insecurity, employment insecurity and inadequate access to social security measures namely health insurance. This paper will therefore involve a critical evaluation of the current labor welfare Law in India focusing on their inefficiency in addressing gig employees’ demands. It shows how these frameworks that have worked in the paradigm of employment with long-term, stable, and formal jobs fail to address gig work that is characterised by short-term, project-based engagements. The evaluation also involves other socio-economic factors that force people into gig employment and that exposes gig employees to certain risks. From the findings of the study, the following policy recommendations are provided in an effort to help the gig workers join the labor welfare system. These recommendations stress such pillars as targeted social security measures, effective cooperation of digital platforms, policymakers and other relevant stakeholders and the need to expand the legal framework that should address the specificity of platform gig economy workers and their liabilities. It is therefore important that a fair and more inclusive regulator be supported in favor of labor welfare in order to ensure stability of gig economy in India in the future.629 views -
Corporate Philanthropy in India: Legal Standards and Best Practices
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, IndiaPages 615 - 631Corporate Philanthropy in India has evolved significantly over the past few decades, driven by legal mandates and a growing recognition of the role businesses play in societal development. This research paper, titled "Corporate Philanthropy in India: Legal Standards and Best Practices," explores the legal framework governing corporate philanthropic activities, focusing on the compliance requirements, governance structures, and enforcement mechanisms under the Companies Act 2013, particularly Section 135 concerning Corporate Social Responsibility (CSR). Through a detailed analysis of the legal provisions and regulatory guidelines, this paper examines the mandatory versus voluntary nature of corporate philanthropy in India, highlighting the responsibilities of corporate boards and CSR committees. It also delves into the challenges companies face in adhering to legal standards, such as issues of transparency, accountability, and impact measurement. In addition to the legal analysis, the paper presents case studies of Indian companies that have demonstrated exemplary corporate philanthropy practices. These case studies serve to identify strategies for effective philanthropic initiatives, including aligning CSR with business strategy, engaging stakeholders, and assessing impact. Comparative insights from international best practices further enrich the discussion, providing a broader perspective on how corporate philanthropy can be enhanced in India. The research concludes with policy recommendations aimed at strengthening the legal framework and promoting best practices in corporate philanthropy. It underscores the need for regulatory reforms, enhanced public policy support, and the integration of technology to advance corporate social responsibility in India. By offering a comprehensive overview of the legal standards and best practices in corporate philanthropy, this paper contributes to the ongoing discourse on the role of businesses in sustainable development and societal welfare.1,269 views -
Jux Position of Arbitration in Tanzania and England
LLM Student at Tumaini University Dr Es Salaam College, TanzaniaPages 632 - 641Most jurisdictions do not use arbitration in family matters but only apply it in commercial disputes. There has recently been a shift to a situation where more and more countries refer family disputes to arbitration for resolution. The practicality of arbitration and the rising case backlog in courts in Tanzania as well as the success of arbitration in family courts in other jurisdictions calls for a reconsideration of policy issues that bar the adoption of arbitration in family courts and the wording of national civil codes will be instrumental in this respect. Whereas it is important to consider non-court approaches in all disputes, as a way of promoting harmony the scope of family arbitration could be restricted to aspects of family matters with financial impacts and family property disputes. Overall, the study finds that in countries where arbitration is permissible in family disputes, issues such as the dissolution of marriage are among the least controversial being at the heart of the arbitration procedure and substance. The study concludes that a series of recommendations including legal, personnel, and institutional changes geared towards using family arbitration mechanisms to complement the existing models of family dispute settlement, by considering the fundamental role the family unit plays in society.498 views -
Indemnity: A Paradoxical Puzzle in Indian Labor Contracts
Student at O.P. Jindal Global University, Haryana, IndiaPages 642 - 650An indemnity clause is an essential aspect of any contract, but it is undoubtedly the most important clause in a labour and employment contract. A well-drafted contract will always have an indemnity clause. In labour and employment contracts, an indemnity clause can often be one-sided, if it is present at all. Labour contracts are a rare sight, and in their occurrence, they are generally Labour-centric, even though not implemented very well. Employment contracts are a must, and so are the indemnity clauses present in them. However, they are extremely employee-centric. Therefore, in this research paper, I will first explain what the terms, indemnity, labour, and employee mean. I will go on to analyze the concept of indemnity, followed by analyzing the implementation of indemnity in labour disputes and employment bonds. Lastly, I will unravel the complexities of indemnity clauses in labour disputes and employment contracts, before giving my recommendations and opinions.2,209 views -
Justice is Mechanized: Ethical Implications of AI in Law
Student at Tamil Nadu National Law University, IndiaPages 651 - 665Justice is blind is a phrase that refers to the idea that the legal system is unbiased and objective. With the coming of artificial intelligence (AI), can justice be mechanized? The influence of Artificial Intelligence on the legal field is no longer a secret. The use of AI in the legal field, however, also invokes many legal ethics concerns regarding equality, accountability and accuracy. This paper attempts to look into the impact of AI on these three values and aims at exploring these concerns in depth, evaluating whether the benefits of AI in terms of efficiency and accessibility outweigh the ethical challenges it presents. Ultimately, the aim of the paper is to assess if AI can truly supplant human judgment and expertise in the legal profession or if it should remain a supplementary tool to ensure justice is served effectively and ethically.661 views -
Alternative Dispute Resolution in Tax Ombudsman Offices: A Comparative Analysis on Legal and Institutional Framework in Tanzania Mainland
LLM Student at Tumaini University Dr Es Salaam College, TanzaniaPages 666 - 681This article explores the applicability of Alternative Dispute Resolution (ADR) mechanisms within the Tax Ombudsman Office through a comparative analysis of the legal and institutional frameworks in Tanzania and the USA. The research examines how ADR mechanisms, when integrated into the tax dispute resolution processes, can enhance the efficiency and effectiveness of taxpayer grievance handling. The study highlights the establishment and operational roles of the Tax Ombudsman Office in Tanzania and its U.S. counterpart, focusing on their respective legal frameworks and institutional structures. The analysis reveals that while Tanzania's Tax Ombudsman Office aims to address taxpayer complaints and ensure fair tax administration, its effectiveness is hampered by concerns about independence and capacity. In contrast, the U.S. system, which includes the Internal Revenue Service (IRS), the Taxpayer Advocate Service (TAS), and the U.S. Tax Court, demonstrates a well-established ADR mechanism embedded within a robust legal framework that provides comprehensive taxpayer support. By comparing these frameworks, the study identifies best practices and potential improvements for Tanzania’s tax dispute resolution processes. The findings suggest that adopting ADR mechanisms within Tanzania’s Tax Ombudsman Office could significantly reduce dispute resolution time and costs, enhancing transparency and taxpayer satisfaction. This comparative analysis offers valuable insights for policymakers aiming to reform tax dispute mechanisms and improve taxpayer protection in Tanzania.728 views -
Case Comment on “Duke Energy Electroquil Partners and Electroquil SA v. Republic of Ecuador”
Student at ICFAI Law School, Hyderabad, IndiaPages 682 - 687There are many international disputes which are categorised as public international disputes and private international disputes. The Duke Energy and Electroquil SA V. Republic of Ecuador is one of such cases of international dispute over the issue of fair and equitable treatment. The just, fair and equitable treatment towards company carry out operations internationally is one of the basic structures for collaboration of two or more international companies for globalisation. There has been claims by the company which stated that the government failed to follow the procedure of state as well as international law and also violates the bilateral treaty of investment (BIT) under the international law. Within the scope of this case, we can also understand the that arbitration agreement and international treaties such as BIT, both cases can be base for jurisdiction of the case.601 views -
A Brief Study of the Social Positioning of Refugees in the International Accords Related to Human Rights
Assistant Professor at School of Law, Woxsen University, Hyderabad, IndiaPages 688 - 700In the era of Globalization, humans are migrating from their territory for the sake of education or livelihood for their benefit, the host nations welcome them wholeheartedly. These migrations often have positive implications for the host nation’s economy. But not all migrations are primarily for livelihood but for protecting their life. A person withholds his ‘right to life’ irrespective of his citizenship can never be withdrawn without the due process of law. In history, it is observed that humans have fled from their country due to violations or danger to their human rights where their subsistence was at peril. With time, migrations have been recognized as a danger to the host state which had disagreements due to the increase in population, security of the state, and providing livelihoods to the migrants as a concern. In due course, nations started adapting their reservations towards the acceptability of these migrants in their territory. After the establishment of the United Nations in 1945, the issue underwent several discourses to agree on a uniform practice for the nations worldwide to avoid any disparity violating the human rights of the migrants. The author has focused on the different conventions and protocols available to these migrants to seek protection of their life.615 views -
A Cross-Sectional Study of Land Laws as an Antithesis to an Amicable Resolution of Land Disputes in Mkuranga District
LL.M. student at School of Law and Justice, Dar es Salaam Tumaini University DarTU), TanzaniaPages 701 - 706Tanzanian land tenure laws define who holds which pieces of land and under what conditions, which sometimes results in conflicts among various landholders. This Article cross-sectionally examines the extent to which land laws impede the resolution of land disputes and the nature of the challenges faced by landholders. At local levels, the land dispute settlement structures are devoid of the power to effectively make decisions, resulting in all the cases being referred to courts of law leading to a massive backlog due to legal technicalities. The mediatory spirit that Village Land Councils are enjoined to apply is equally undermined by executive interference, lack of personnel, and village-level corruption, leading to underutilization. The resource base and human capital capacity of Village Land Councils need to be re-assessed in order to strengthen it by giving the institutions more muscle and teeth to dispose of land disputes in their areas of jurisdiction.522 views -
Rape: The Hidden Epidemic
Student at Indraprastha University, IndiaPages 707 - 714Crimes such as murder and robbery may be considered morally reprehensible, but forceful sexual intercourse with a person transcends conventional moral judgment due to its profound and devastating impact. This paper explores the complex and evolving nature of laws regarding rape across different countries, delves into the mindset of perpetrators, examines the consequences faced by survivors, and assesses the role of social media and pornography in perpetuating the crime. It also proposes potential solutions to address and reduce this heinous act. As our country is shaken by yet another incident of rape involving a doctor based in Kolkata,"613 views -
A Comparative Study on Ownership and Possession in the Context of Sale
Student at KIIT School of Law, Bhubaneswar, IndiaPages 715 - 728The Transfer of Property Act, of 1882, a cornerstone of Indian property law, is subjected to a rigorous examination in this research study. By probing the Act's provisions and the caveat emptor principle, this research endeavors to expose the intricate mechanisms of ownership and its profound impact on various aspects of property transactions. This study strives to provide a nuanced understanding of the complex ownership landscape, revealing the subtle yet significant consequences of this pivotal concept. This research highlights the inherent tensions between autonomy and accountability by critically examining the dynamic interplay between the owner, property, and law. This study explores the intricacies of ownership rights, such as possession, use, and disposal, and their link to the caveat emptor principle by looking at the triadic connection. This paper offers a thorough examination of the complex ownership environment, highlighting the tensions and conflicts that result from the interaction of legal frameworks and individual rights. Using a mixed-methods approach, this study skillfully combines the empirical breadth of field-based research with the methodical analysis of doctrinal research. A thorough analysis of sources, such as legislation and case law, is placed in the context of a more comprehensive evaluation of secondary sources, which include academic journals and professional opinion. By combining the strengths of both doctrinal and empirical research, this holistic method facilitates a thorough comprehension of the research topics and generates a rich and nuanced interpretation. This study paper also examines the primary distinction between possession and ownership. It contains illustrations and case law of the subject topic for easier comprehension. Through a rigorous examination of property law, this research seeks to illuminate the conceptual boundaries between ownership and possession, exploring the subtleties and intricacies that distinguish these two related yet distinct concepts.994 views -
Assessment of the Laws in Promoting Reconciliation in Criminal Matters in Tanzania
LL.M. student at School of Law and Justice, Dar es Salaam Tumaini University DarTU), TanzaniaPages 729 - 740In Tanzania, the right to speedy a trial is guaranteed under Article 107A (2)(b) of the Constitution of the United Republic of Tanzania. However, because of undue delay the right to speedy trial is not made accessible to the citizens of Tanzania, therefore speedy trial should be of essence in the administration of criminal justice in Tanzania. The traditional mechanisms of dealing with matters of a criminal nature do not at any stage of the process incorporate ADR as it is done in civil matters, though there are laws in place for the implementation of ADR in criminal matters as well. These laws encourage Courts to promote reconciliation and facilitate the settlement of criminal matters in an amicable way, particularly in cases of common assault of a personal or private nature. It is the reluctance by courts to apply ADR in criminal matters of a less serious nature that has compelled the observations enriched in this paper. The paper aims to assess the effectiveness of the laws in fostering reconciliation in criminal cases in Tanzania. Lastly, the paper examines the challenges to the applicability of ADR in criminal matters1,024 views -
Legal Compatibility and Challenges of Combining Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR) in Tanzania Mainland
LL.M. student at DarTU. Law School of Tanzania and Tutorial Assistant at DarTU, TanzaniaPages 741 - 758This article examines the integration of Online Dispute Resolution (ODR) with traditional Alternative Dispute Resolution (ADR) mechanisms within Tanzania’s legal framework, assessing both its potential and challenges. Utilizing a mixed-method approach, the study combines doctrinal analysis and empirical research to evaluate the compatibility and effectiveness of ODR in Tanzania. The doctrinal analysis explores key legal frameworks, including the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Arbitration Act, and relevant regulations, while the empirical research involves interviews and surveys with legal practitioners, stakeholders, and TRA officials. The findings reveal that while Tanzania’s legal system provides a solid foundation for dispute resolution, significant updates are required to accommodate the digital aspects of ODR. Challenges include ensuring legal recognition and enforcement of ODR decisions, safeguarding privacy and data security, and overcoming cultural and infrastructural barriers. The article concludes that to effectively integrate ODR with existing ADR mechanisms, comprehensive reforms are necessary, including legislative updates, investment in ICT infrastructure, and enhanced public awareness. Recommendations for stakeholders emphasize the need for clear legal provisions for ODR, robust security measures, and a coordinated approach involving the government, legislature, policymakers, and private sector. Addressing these challenges will enhance the accessibility, efficiency, and effectiveness of dispute resolution in Tanzania, aligning it with contemporary technological advancements.1,929 views -
Evolution of Rape Trials under Old Criminal Laws
Student at SVKM NMIMS SOL, Bengaluru, IndiaPages 759 - 777This paper talks about how rape trials have evolved in India. Detailed and descriptive analysis is done of the landmark judgments starting up with the Mathura rape case to the Kathua rape case that brought serval amendments under the Indian Penal Code, The Code of Criminal Procedure, and the Indian Evidence Act and it also discusses in detail about the Criminal law amendment act of 1983, 2013 and 2018. It also looks into the recommendations given by the committees like Justice Verma Committee about gender neutrality, capital punishment, and many more. All crimes that occur in India are presumed to be committed against the State, which is why the State is always a party in criminal cases. In India, the criminal law consists of three primary statutes: the Indian penal code, the Code of Criminal Procedure, and the Indian Evidence Act. This article finishes with my perspective on the four major decisions handed down by the court, as well as my thoughts on how it's great that amendments have been made and how timely justice is crucial. Since, in my opinion, slow justice does not amount to justice.621 views -
Jurisdictional Issues in Patent Litigation and Forum Shopping Analysis
Student at University of Petroleum and Energy Studies, IndiaPages 778 - 790Patent litigation in India is fraught with jurisdictional challenges and the strategic practice of forum shopping, which can significantly influence the outcomes of cases. This paper explores two primary loopholes in the Indian patent litigation system: different courts’ inconsistent application of jurisdictional rules and the overburdening of popular jurisdictions such as the Delhi High Court. These issues create an uneven playing field for litigants and strain the judicial system, leading to delays and inefficiencies. The inconsistent application of laws arises from different courts’ varying interpretations of jurisdictional rules. This inconsistency allows plaintiffs to exploit the system by choosing courts that are more likely to favour their cases. For instance, some courts may have a history of rulings that are more favourable to patent holders, while others may interpret jurisdictional rules in a manner that benefits the plaintiffs. This lack of uniformity undermines the predictability and fairness of the legal process, making it difficult for defendants to prepare their cases effectively. Overburdened courts, particularly the Delhi High Court, face a high volume of patent litigation cases, which can lead to significant delays. Plaintiffs often file cases in these courts to take advantage of their perceived expertise and favourable rulings. However, the high caseload can result in prolonged litigation, which plaintiffs can use strategically to pressure defendants into settlements. This not only affects the efficiency of the judicial system but also places an undue burden on certain courts, leading to a backlog of cases and delayed justice. The paper also examines the impact of these loopholes on the broader legal and business environment in India. Inconsistent rulings and delayed litigation can deter innovation and investment, as businesses may be wary of engaging in a system perceived as unpredictable and biased. Moreover, the concentration of cases in a few courts can lead to an uneven distribution of judicial resources, further exacerbating the problem. To address these issues, the paper suggests several reforms, including the standardization of jurisdictional rules across courts and the decentralization of patent litigation to distribute cases more evenly. By implementing these changes, the Indian legal system can enhance the predictability and fairness of patent litigation, reduce the burden on overworked courts, and create a more favourable environment for innovation and business. This research aims to shed light on the critical loopholes in the Indian patent litigation system and propose actionable solutions to improve the efficiency and fairness of the judicial process.659 views -
This Article highlight’s the importance of the local bodies in the administration and development of the village, in the process of building the nation. The growth & development of the nation can only be achieved, if the village and its villagers actively participate in the growth. The administration of the village is exclusively vested with the Local Bodies or Local Self-Government. They receive the revenue from different sources such as grants from the Union and State Governments, imposing local body taxes and collecting fees and fines etc., They are the delegated authorities created by virtue of the Parent Act. The legislative functions performed by the Local Bodies are President, Vice-President and Chairman are elected by the peoples of the village. These Local Bodies plays an equitable role in revenue generation and collection of taxes which are assigned by the State and the Union. The taxes so collected by them are spent on the development of the village and building up of the infrastructural growth. The Parliament and the State Legislature allocate funds and these Local Bodies are capable of generating their own revenues. Being the mini-government, they are allotted and vested with the highly important works. Such as the planning for the infrastructure, implementing the welfare schemes and providing all the amenities which are required to the people. The Vision of our Prime Minister Shri. Narendra Modi Ji towards building the nation as a super power with self-sustaining and self-reliance goal by achieving “Sarvodhaya or Athmanirbhar Bharat” is possible with the development of the villages by providing with full financial assistance and support.1,075 views
-
Eyewitness Testimony in India
Student at MATS University, Raipur, IndiaPages 810 - 814Under Indian Law, eyewitness plays a very significant role. An eyewitness is a witness who offers testimony to an act or transactions that he witnessed and about which he testifies in court. They are seen to be particularly important in court during a trial in order to produce a fair decision. Their involvement is crucial when the case is being formed in front of a court of law, i.e., during the preliminary stage. To testify as an Eyewitness in court, a person must be competent. They play an important role in court because their identification of the accused may result in prosecuting or conclusively convicting them. However, they cannot always be deemed reliable because there have been numerous setbacks. It is commonly stated that eyewitness testimony leads to unjust convictions, which will be further explained.580 views -
Generic Marks, Secondary Meaning and Trademark Bullying in India
Student at Tamil Nadu National Law University, IndiaPages 815 - 823Generic Marks, which are generally not protected by registration is protected if they acquire a secondary meaning. There are different methods to prove that a ‘generic term’ has attained a secondary meaning. ‘Survey methods’ are usually accepted in courts to establish a prima facie case in this context. When bigger companies register a generic trade mark, they exhibit a tendency to bully smaller companies with legal actions and ultimately force them to settle or rebrand their products in the market. Though false threat of infringement is dealt with under the Indian Trademark laws, the issue of trade mark bullying is not directly addressed. The case of ‘Nandhini Deluxe’ fits the definition of trademark bullying and shows an emerging trend of trademark bullying in India.732 views -
Navigating Political Dynamics in the Banking Sector in Bangladesh: Challenges and the Way Forward
LL.M. student at North-South University, BangladeshPages 824 - 845This study is, therefore, designed to map the interfaced relationship of the political factors with the banking industry in Bangladesh. This section examines the consequences of such influences and reveals some of the strategies that may be applied to operate in this context. The banking sector of Bangladesh is one of the prominent industries of Bangladesh and that is why we find political intervention, patronage, and regulatory framework at its best in this sector. Recognizing such problems and using appropriate measures to prevent the effects of these problems is of great significance to ensure a sound and stable financial environment. It is now intended that in this paper, the historical background of the Bangladesh banking industry, the current Bangladesh banking industry case, and opportunities and threats analysis of the growth of the banking industry in Bangladesh, taking into consideration the political impact, will be discussed.863 views -
Breaking Barriers: Gender Policies, Human Rights, and the Legal Quest for Equality and Social Justice
LL.M. student at Department of Law, Aliah University, Kolkata, IndiaPages 846 - 860This paper examines the intricate relationship between gender policies, human rights, and the ongoing quest for equality and social justice. Despite significant advancements in legal frameworks designed to protect and promote gender equality, persistent disparities remain across various sectors, including politics, economics, and education. It highlights the role of international human rights instruments in shaping gender policies, emphasizing the need for comprehensive implementation at national and local levels. It explores how cultural norms and societal attitudes often hinder progress, particularly in patriarchal societies where traditional gender roles are deeply entrenched. The discussion extends to the Importance of grassroots movements and civil society organizations in advocating for change and raising awareness about gender-based violence and discrimination. It underscores the necessity of gender-sensitive budgeting and economic empowerment initiatives to enhance women’s participation in the workforce and leadership roles. Furthermore, it emphasizes the critical role of education as a transformative tool for promoting gender equality and challenging harmful stereotypes. The Intersectionality of gender with other social categories, such as class and ethnicity, is also explored, illustrating how multiple forms of discrimination can compound disadvantages for marginalized groups. Ultimately, the paper argues that achieving gender equality requires a multifaceted approach that encompasses legal reforms, cultural change, and economic empowerment. By addressing both systemic barriers and individual experiences, societies can move towards a more equitable future, where gender equality is not merely an aspiration but a fundamental reality. This comprehensive analysis aims to provide insights and recommendations for policymakers, activists, and scholars engaged in the pursuit of social justice and human rights for all genders.680 views -
Counterfeit Pharmaceuticals as Organized Crime: A Threat to Public Health and Safety
LL.M. student at The Tamil Nadu Dr. Ambedkar law University in School of Excellence, IndiaPages 861 - 887When we were children ago, our moms would usually rely on home drugs for fever, the flu, or similar remedies. These days, when someone reports having a headache or other comparable symptoms, we frequently recommend taking medicine, much like doctors do. Examples of recommended meds include paracetamol and Dolo 650. In accordance to the National Library of Medicine, diabetes prevalence is second highest in India. It is estimated that 124.9 million individuals in India would develop diabetes by 2025. The increased demand for pharmaceuticals opens up the potential of counterfeit drugs, one that could infiltrate syndicated crime in violation of consumer rights. The rise in the prevalence of e-medicines, on the flipside, is a further reason why there are more numbers cybercrimes. Intentional falsification and counterfeiting of pharmaceutical products are advocated by organized crime syndicates that profit greatly from these activities thereby endangering public health across the globe. Such illicit operations exploit regulatory gaps, poor enforcement and a heavy demand for cheaper medicines especially in low- or middle-income countries. Counterfeit pharmaceutical drugs which include mislabelled, low-quality, and unlicensed medication not only do not alleviate the claimed illnesses but also often lead to severe health problems or loss of lives.612 views -
Right to Privacy and Digital Security
Student at Babu Banarasi Das University Lucknow, IndiaPages 888 - 904In the rapidly evolving digital landscape, the right to privacy has emerged as a crucial aspect of individual freedom. As technology becomes increasingly integrated into our lives, concerns about data breaches, surveillance, and identity theft have grown, highlighting the importance of robust digital security measures. This article delves into the intricate relationship between the right to privacy and digital security, examining the challenges, implications, and potential solutions in this complex landscape. By exploring the evolving nature of privacy rights and the need for comprehensive security measures, we can better understand how to navigate this delicate balance in the digital age. The article begins by providing an overview of the right to privacy as enshrined in the Indian constitution, its interpretation, and its evolution over the years. It discusses the landmark case of K.S. Puttaswamy v. Union of India, which upheld the right to privacy as a fundamental right under Article 21. Additionally, the article explores significant Supreme Court cases related to digital security, emphasizing the importance of protecting privacy rights in the digital realm. Understanding the types of digital security and the challenges in balancing privacy and security forms the core of the article. It outlines key aspects of digital security, such as network security, data security, and cloud security, and highlights the importance of safeguarding personal and financial information. The emergence of new technologies and threats, including IoT and social engineering, is also addressed. Preserving privacy while ensuring digital security is a delicate task, and the article offers strategies to achieve this balance. It advocates for privacy by design principles, strong legal protections, and user empowerment through education. Ethical use of data and accountability and transparency measures are presented as essential components of preserving privacy rights in the digital age.788 views -
Assessing the Future of Mediation: The Impact of the Mediation Act, 2023 on Dispute Resolution in India
Advocate at Orissa High Court, IndiaPages 905 - 916This paper examines the transformative impact of the Mediation Act, 2023, on dispute resolution in India. By institutionalizing mediation as a core alternative dispute resolution (ADR) mechanism, the Act seeks to alleviate the country's overwhelming judicial backlog and promote a culture of amicable settlements. The analysis begins by tracing the historical evolution of mediation in India, from ancient traditions to its resurgence post-independence. It further explores the pre-legislative framework, including key laws such as the Arbitration and Conciliation Act of 1996, and highlights the judiciary's pivotal role in promoting mediation.The core provisions of the Mediation Act, including pre-litigation mediation, enforceability of mediated settlements, and the establishment of mediation councils, are critically evaluated. Challenges related to the Act, such as implementation barriers and infrastructure needs, are also discussed, along with concerns about balancing party autonomy and judicial oversight. The paper concludes by assessing the potential future of mediation in India, emphasizing the role of technology, such as online dispute resolution (ODR), and suggesting reforms to enhance the effectiveness of the Mediation Act. Ultimately, this research underscores mediation’s capacity to revolutionize India’s legal landscape by fostering faster, more collaborative dispute resolution processes.1,747 views -
Analysis of NCLT’s Role in Resolving Corporate Disputes
Student at Tamil Nadu Dr. Ambedkar Law University, School Of Excellence In Law, IndiaPages 917 - 929The National Company Law Tribunal (NCLT) plays a pivotal role in settling corporate disputes .It helps in enhancing efficiency and promoting good corporate governance among companies in India. This study explores the key functions and significance of these tribunals within the Indian business landscape. It examines how the NCLT helps resolve corporate disputes, including mergers, insolvencies, and issues of minority shareholder oppression. Additionally, the NCLT aims to facilitate quicker dispute resolution and shorten the winding-up process by streamlining procedures. This study investigates the important functions and importance of these tribunals within the Indian business environment in relation to solving disputes.875 views -
Israel-Hamas Conflict: Application and Limitations of International Laws and Treaties
Student at Kirit P. Mehta School of Law, NMIMS University, Mumbai, IndiaPages 930 - 942This research paper analyses the applicability of international law in the ongoing conflict between Israel and Hamas who is the current government in Gaza and at the same time also explores the historical root of conflict. The study explains the key principles of international law such as Geneva Conventions, Rome Statute and UN Resolutions to evaluate applicability and effectiveness in mitigating the consequences of the conflict. By scrutinising the agreements and resolutions between Israel and Palestine we will check the extent to which the law has been violated or observed from both the sides. The research paper studies the challenges and difficulties which comes in the way of enforcing international law in such a contentious armed conflict. It also analyses the developing and changing stances of international institutions, developed countries like U.S.A. and a mechanism which can be adopted in promoting peace as well as formulating such laws and norms which makes both the countries binding to it. The analysis will lead to important insights into the ongoing conflict about Israel-Palestine.1,059 views -
The Dynamics of Party Autonomy in International Arbitration: Current Trends and Jurisdictional Limits
Postdoctoral Researcher and Faculty at East China University of Political Science and Law, ChinaPages 943 - 957This paper explores the principle of party autonomy in international commercial arbitration, examining its role as a cornerstone of the arbitration process and its interaction with jurisdictional and procedural constraints. Party autonomy allows parties to shape arbitration procedures according to their preferences, including selecting the applicable law and procedural rules. This flexibility is contrasted with the limitations imposed by mandatory rules and public policy, which ensure minimum standards of fairness and enforceability. Through an analysis of recent developments in arbitration practices, this paper highlights how party autonomy is maintained and restricted in various jurisdictions. It also discusses the evolving discourse on confidentiality and transparency, reflecting on how these issues impact party autonomy. The paper concludes by assessing the balance between party autonomy and regulatory oversight in shaping the future of international arbitration.966 views -
Educational Attainment and Political Representation and Participation
Student at Shankarrao Chavan Law College, Pune, IndiaPages 958 - 964Democracy is not just an election process or a system but it is our matter of life. It ensures that we the people are governed as we deserve. But to ensure that do we have enough educated representatives? Do we have educated and aware people to elect the deserving representatives? Thomas Jefferson, the third U.S president says “Educate and inform the whole mass of the people, they are the only sure reliance for the preservation of our liberty.” The paper scientifically and empirically investigates relationship between educational attainment and political representation and participation. It also calls attention on the connection of educational level of political representation and economic growth. Education is conclusively associated or linked to political participation in political activities , political representation of people on different level and lastly the impact of education on overall economic, social development of the nation. Education plays a vital in these subject matters as it enhances the political activity and benefit the nation. Education of people and their representatives is essential to ensure the welfare of society. In this paper we have focused on the direct relation of political activity and educational variation. We have tried to study how literacy level can affect the development and growth of the nation. Our primary objective is o prove why we need educated politician or leaders. Why need of literate people in country. How the literacy rate is directly proportionate to economic development and growth. Whether the educational levels impacts growth of individual. We have analyzed and observed some quantitative surveys and journals, case studies. After taking those into account we have understood the positive relation between education and politics. Education is one of the elements which can influence political participation and representation. Hence higher level of educational attainments results in higher political activity.693 views -
Marital Rape: An Offence Against Gender Equality
LL.M. student at University of Lucknow, IndiaPages 965 - 969Marital Rape is a form of sexual violence that occurs when a husband forces his wife to have sexual intercourse against her will. This is not only a physical violence, but also affects women psychologically, mentally, as well as foster fear in them. Marriage which is considered as a sacrament under Hindu Jurisprudence is losing its importance in the 21st century. Infact Marital Rape ends the relationship between the two souls. Marital Rape is also a kind of Domestic Violence, but unfortunately it is not considered as offence as exception 2 of section 375 IPC or exception 2 of section 63 of BNS grants immunity to husbands. In the new criminal law that is BNS Marital rape is retained, although age limit is increased that is 18 years. Presently, the case regarding constitutionality of Marital Rape is pending in supreme court. It is need of hour that marital rape should be criminalized.484 views -
Right of Mother to Abort vs. Right to Life of the Unborn
Assistant Professor at M.C.E. Society’s A.K.K. New Law Academy & Ph.D. (Law) Research Centre, Pune, IndiaPages 970 - 975In India, the phenomenon of sex-selective abortion persists, perpetuating discrimination against female foetuses. While the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (1994) bans sex-selective abortion, it still holds women liable for the act. This study argues that the right to life of an unborn child, as enshrined in Article 21 of the Indian Constitution, should prevail over the right to abort claimed by a mother. The research adopts a doctrinal methodology, analyzing statutes, case laws, and secondary sources to establish that an unborn child is a person with inherent rights. Judicial pronouncements, including the landmark case of Shahishtha and Others V. The State (2022), have recognized the unborn child's right to life and personal liberty. This paper contends that the state has a duty to protect the life and health of both the pregnant woman and the unborn child, and that the rights of the unborn child should be recognized and protected from conception until birth. The study concludes that the judiciary has played a crucial role in protecting the rights of the unborn and that a constitutional imperative exists to grant them the right to life.705 views -
Critical Analysis of Police Administration in British India and Modern India
Student at Tamil Nadu Dr. Ambedkar Law University (TNDALU), School of Excellence in Law, IndiaPages 976 - 992This research examines the evolution of police administration in British India and its transformations in modern India. The British police system was centralized, authoritarian, and brutal, focusing on maintaining order and controlling local populations. Despite India's independence in 1947, colonial legacies persist in modern policing. The study examines key issues like politicization, corruption, and the need for reforms. It also explores potential pathways for developing a more transparent, effective, and community-oriented police force.717 views -
Legal Framework for the Protection of Prostitution in India
Assistant Professor at BRCM Law College, Bahal, IndiaPages 993 - 1003Prostitutes are those who engage in sexual acts for a profit. Prostitution is largely regarded as an unfortunate fact of life in India today, being present in its ideal form from ancient times and continuing throughout the eighteenth century in British India. The target demographic for the tissue trade, which constitutes gangsterism, particularly with a government nexus, consists of impoverished, uneducated, and uninformed individuals who fall into the trap. Rich groups take pleasure in these individuals, amassing money at their expense and misery. Another idea was that a particular number of women are driven into prostitution as a consequence of forcible sexual exchange, unjustified societal approbation, impairments, and other factors. Overall, more than seventy of Indians are educated. Despite becoming well-read, a considerable proportion of the population struggles to accept many aspects of society. This applies to prostitutes and sex work. Prostitution is said to be among the world's oldest vocations. This is a multibillion-dollar enterprise. Trafficking is looked down upon and rarely publicly discussed in India due to cultural taboos. Prostitute is an age-old practice that has lasted far too long to be eradicated. Many Indian women and she work as prostitutes on street corners make a living from their trade.648 views -
Pages 1004 - 1026India, is the foundation of one of the biggest democracies in the world and is a union of states. There is one powerful union government that oversees 28 states and 8 union territories. This government is vested with authority by the Indian Constitution. The Indian Constitution is a federal document because it created a dual polity, with the Union at the center and the States at the periphery, each with sovereign powers to be used in the areas that the respective constitutions designate. River waters are considering as an important source of development of any nation because hydro water helps in producing electricity. Water is also useful for carrying out our agriculture, manufacturing and many more and we all know India is an agrarian economy and definitely disputes related to river water is very normal that they arose between the states regularly, but important is to find out whether the union government is able to perform his task that his assign by this great freedom of charter as a guardian of states. This article examines the constitutional status of ‘water’ as a subject, and why there is frequently dispute arising between the states on interstate river water. This also examines the role of central government in resolving interstate river dispute in light of various historical interstate river disputes in India. There is a critical analysis of the role of central government in resolving interstate river water dispute as a dispute resolving mediator. The central aim of this research article is to explore whether the role played by central government in resolving the dispute related to interstate river dispute is sufficient or anything needs more to be done in light of intentions of our constitutional makers’ intention behind enacting this federal structure of our constitution.567 views
-
Comparing the Scope of Judicial Review in French and Indian Context
PhD Scholar at National Law School of India University, Bengaluru, IndiaPages 1027 - 1040From the age of Justinian code in the West and ‘dharma’ in the East to constitutionalism in today’s times, society has tried to place restrictions on the power of the sovereigns so as to prevent abuse of authority and promote efficiency. Since 1945 democracies around the world have accepted the concept of judicial review as a modern version of such checks and balances on the legislature’s power. Each country has adopted a method of judicial review which suits their own unique history and culture, at the same time emphasising on the ambitions of the common man. This chapter analyses the evolution of the process of judicial review in two such countries, France and India, and examines their current positions. Particular focus will be placed on the French judicial review jurisprudence since the historic Constitutional amendment of 2008 passed by the French legislature which allowed a constitutional challenge to be brought before the Constitutional Council, the highest constitutional authority in France, by any citizen through a procedure known as QPC (question prioritaire de constitutionalité). This has enabled the Constitutional Council (CC in short) to examine already enacted laws with regards to conformity to the constitutional values which was not possible earlier. The author briefly looks at the position of judicial review in France pre-2008 amendment, and a selection of decisions by the CC post-2008 as well. These decisions will be analysed with an intent to determine the constitutional values which the CC is upholding to measure the constitutionality of French legislations. As such, a comparison is made with Indian caselaws in which legislations have been challenged for constitutionality through various judgments over the course of the last 7 years.662 views -
Digitalisation and its Impact on Human Rights
PhD Research Scholar at Faculty of Law, University of Delhi, Delhi, IndiaPages 1041 - 1054Digitalisation is the process through which a vast level of information is converted into digital form. The rapid growth of technology and digitalisation has brought significant changes in the lives of individuals and the exercise of their rights and freedoms. While there are numerous benefits associated with digitalisation, there are associated negative effects on society and human rights of the individuals as well. This research paper aims to provide an insight about the influence of digitalisation on the exercise of human rights of the individuals.624 views -
India and Sri Lanka have a long history dating back to before and after their independence. The bulk of Sri Lankan refugees in India have been living in camps in the State of Tamil Nadu for more than 20 years, under close police supervision, following the assassination of the Indian Prime Minister. The purpose of this essay is to look at the hardships and way of life of Sri Lankan refugees in both the camp and in society. It also examines the options and tactics for making a living for camp refugees, based on a primary survey carried out in the camps. They rely on foreign and Indian social networks for employment, migrate seasonally or temporarily, locate lucrative jobs outside of the camp, and invest in human resources like their children's education as means of livelihood. This study suggests that reintegrating Tamil refugees into the community may be a viable long-term choice for them, especially if they marry Indian citizens and wish to remain in India. The difficulties and ongoing issues that public and private Sri Lankan refugees face in the camps is covered in this article.790 views
-
Pages 1072 - 1082Social organization has always involved a religious dimension in various aspects of human life. This paper aims to discuss the position of religion in the society and how the practice of religion having affected the society in matters concerning cohesion, governance, cultural construction and intergroup interaction. As the object of analysis in this research is based on the general historical view on religion, and regards religion as one of the central aspects of society affecting other spheres of human life, the author of the given project wants to present the evolution of religion’s functions, its interconnections with other aspects of social life in different historical periods, from the ancient world up to the contemporary age. This paper examines religious values as the existing foundation for today’s societies, having presented comprehensive theoretical analysis and case histories. Topics that could be covered within this perspective include; the religious systems of ancient civilizations such as the Egyptians, the Mesopotamians, and Romans; religious systems of medieval world especially in relation to the rise of Christianity and Islamic world; the interaction of religion with the reformation and religious diversity in the early modern world; and finally, the current religious systems especially in relation to social conflicts. Thus, this study enhances an understanding of the tremendous role religion and other associated institutions retain in the management of the society. The findings demonstrate interest in exploring religion and society via multiple perspectives because it is a phenomenon that changes over time.500 views
-
A Critical Evaluation of India’s Regulatory Framework and Its Initiatives to Combat Insider Trading
Assistant Professor at Vels Institute of Science, Technology & Advanced Studies, IndiaPages 1083 - 1103Insider trading has become a widespread issue in many countries. It refers to the buying or selling of a company’s securities by individuals who have access to confidential, non-public information about that company. An "insider" is someone who has received or had access to this unpublished, price-sensitive information. This practice represents a violation of fiduciary duty and is considered an economic crime. If left unchecked, insider trading can hinder economic growth, reduce capital inflows and foreign investments, and tarnish the reputation of India’s securities market. Ultimately, it poses a significant threat to the development of a robust securities market and undermines its integrity.468 views -
Pages 1104 - 1121Children are a special object and are protected by countries worldwide and Vietnam by international legal documents from a very early age. The article has provided an overview of the provisions of the International Convention on the Rights of the Child and the legal documents of Vietnam. From there, it assesses the conformity of the provisions of Vietnamese law with international law. It proposes to continue to promote and ensure the strengthening of the provisions on children's rights in national law.488 views
-
A Comparative Evaluation: Bhartiya Nyaya Sanhita 2023 in Opposition to Indian Penal Code 1860
Student at School of Law and Governance, Jaipur National University, Jaipur, IndiaPages 1122 - 1134Significant legislative developments have shaped India's criminal law evolution. Notably, the Indian Penal Code (IPC) is expected to be replaced by the Bhartiya Nyay Sanhita (BNS). Examining the intellectual underpinnings, structural distinctions, and practical ramifications for the Indian legal system, this paper compares the BNS and IPC. Since it was created in 1860, the Indian Penal Code (IPC) has offered a thorough framework for criminal justice, yet it is sometimes criticised for having archaic and colonial-era provisions. By tackling modern problems and harmonising with established social and legal norms, the BNS aims to modernise and indigenous India's punitive laws. The main modifications made by the BNS are examined in this paper, including adjustments to regulations on sentencing, criminal processes, legal terminology, and the addition of use technology in police enforcement. By comparing the BNS to the IPC, this study demonstrates how the new code strives to improve judicial efficiency, provide more equitable justice delivery, and better defend human rights. The research also takes into account probable implementation issues as well as the BNS's projected impact on Indian legal practice and jurisprudence. The results of this study highlight the significance of persistent law change in response to society's evolving needs and the judicial system.1,052 views -
Mob Lynching: Unpacking Historical Origins, Social Ramifications, and Legal Measures
Research Scholar at Guru Nanak Dev University, Amritsar, IndiaPages 1135 - 1146This paper will critically investigate mob lynching, considering its historical background, social implications, and the efficacy of legislative instruments in the fight against this grave problem. The paper begins with tracing the origin of mob violence and identifying how cultural, political, and economic factors have, historically fuelled such acts. It depicts how the social hierarchies, colonial legacy, and community tensions culminated in bringing the institution of lynching, an innovation of vigilante justice, into existence. The paper then proceeds to discuss the social implications, including the disruption of social harmony, the erosion of law and order, and the psycho-social impact on those affected communities. It critically examines the existing architecture of law in India about the suitability to redress mob lynching and deliver justice to the victims. A study through case studies and judgment, uncover systemic problems that allow and perpetuate non-enforcement. In that regard, author has proposed a number of reforms, such as fortifying legal provisions, improving the training level of the law enforcing officers, enhancing community engagement, and setting up arrangements for offering support to the victims. This paper hence allows historical context, sociological insights, and legal analysis that can add meaning to the discourse on mob lynching and facilitate a more just society where the rule of law prevails over mob violence.799 views -
Judicial Reforms and Access to Justice: A Comparative Analysis of E-courts and Technological Integration in India and Singapore
Student at Amity Law School, Amity University, Uttar Pradesh, IndiaPages 1147 - 1158This paper is based on how technologies and all the other changes have improved the judicial reforms in India and Singapore. The e-courts project in India seeks to digitize and streamline judicial processes, thereby addressing the problem of case backlog while enhancing judicial efficiency. Some of these recent reforms include introduction of e-filing, virtual hearings, and National Judicial Data Grid (NJDG) that aim at collectively reducing pendency as well as increasing transparency. Singapore has a judiciary that is known for its technological integration and efficiency. Through adoption of e-litigation systems, regular use of virtual hearings, and technology courts that are specialized; this has made it possible to streamline court proceedings. In addition, commitment to ADR by Singapore through avenues such as Community Justice and Tribunals System (CJTS) among others like Small Claims Tribunals has significantly increased access to justice. This comparative study analyses these reforms’ impact on judicial efficiency, transparency, accessibility and public trust in both countries. By evaluating the successes and challenges faced by India as well as Singapore during implementation of their reforms, this paper provides insights into how technology advancement and ADR can transform judicial system promoting timely equitable access to justice.1,289 views -
The Demarcation of Inappropriate Behaviour of Sexual Harassment of Women at Workplace
Student at Department of Law, PIMR, Indore, M.P., IndiaPages 1159 - 1182Sexual harassment in the workplace remains a widespread problem that continues to affect societies globally, significantly impacting the well-being, careers, and aspirations of women. This research paper explores the multifaceted dimensions of sexual harassment faced by women in professional settings, shedding light on the often overlooked aspects beyond legal doctrines. Through a comprehensive analysis of qualitative data, and workplace case studies, this research examines the lived experiences of women who have encountered sexual harassment in diverse work environments. By adopting a non-doctrinal approach, this study transcends legal frameworks to explore the broader sociocultural, psychological, and organizational contexts that contribute to the perpetuation of this problem. The paper identifies the various forms of sexual harassment, ranging from explicit behaviors to subtle, implicit biases, and their detrimental effects on women's mental health, job satisfaction, and career progression. It examines the power dynamics, stereotypes, and social norms that allow harassment to continue and significantly impact workplace dynamics. Moreover, the research investigates the strategies employed by organizations, individuals, and support networks in addressing and preventing sexual harassment. It critically examines the effectiveness of existing policies, training programs, and reporting mechanisms, highlighting areas for improvement. By shedding light on the complexities of this issue, it seeks to inform policymakers, organizations, and individuals, encouraging them to take proactive measures in creating safe and inclusive work environments where all women can thrive without fear of harassment. The findings of this study underscore the urgency of addressing this issue comprehensively and emphasize the role of culture and education in fostering lasting change.450 views -
Indian Copyright Law and Artificial Intelligence: The Legal Challenges
Student at University Institute of Legal Studies, Panjab University, Chandigarh, IndiaPages 1183 - 1186The article aims at discussing the challenges involved in granting copyrights to the AI generated works. It begins with highlighting the growing role of AI in creative fields such as music, arts etc. and briefly explains the copyright law in India. The article talks about the Indian as well as the international perspective over copyrightability of the AI generated works and also mentions various landmark judgments delivered by the courts of various jurisdictions in this respect. Lastly, thit highlights the need to evolve the copyright law in order to resolve the confusion in relation to AI.703 views -
Constitutional Protections for Digital Privacy: A Comparative Study of Estonia and India
Student at Amity University, Noida, IndiaPages 1187 - 1203Digital identity verification systems are a very vital part of modern governance and business activities. Being safe, convenient, and accessible, they can offer maximum advantages in relation to other identification methods. Focusing on Estonia's e-Residency and India's Aadhaar-the two best-known digital identity verification systems -is the comprehensive aim of a comparative study. Estonia's e-Residency was launched in 2014. Non-Estonians can access Estonia's digital infrastructure and the EU market using a government-issued smart ID card. Such a program is customized for entrepreneurs, freelancers, and digital nomads, whereby an online, streamlined business management also encompasses the formation of a company, accounts in a bank, and filing of taxes. The advantages include the global reach, easy setup of businesses, and high level of security measures in the form of two-factor authentication and blockchain technology. The disadvantage of it being highly dependant on user's digital literacy and non-global awareness. India's Aadhaar, launched in 2009, looks for issuing a unique identification number to every resident of India, a number that would cover more than 1.3 billion people. It assimilates vast biometric and demographic data, allowing one to verify his or her identity so as to use various services such as banking, telecommunications, public distributions, and direct benefits transfer. The strength of the system lies in being all-inclusive with a biometric authentication process, hence very broad in application, as it entails full savings in government welfare schemes. However, Aadhaar, despite its low-cash delivery model, has pointed out high-profile breaches on account of its lack of privacy and security, with possible misuse of personal information, besides operational challenges such as technical glitches and exclusion of vulnerable populations. A comparison of these two systems will highlight distinct approaches to digital identity verification. Estonia has its e-Residency that aims to deliver a secure, effective digital infrastructure for the global entrepreneur using the most advanced technologies that assure the security and integrity of data. India's Aadhaar project on the other hand, aims at identity verification on a scale never done before, targeting an unprecedented all-inclusive delivery of benefits to a vast population but still afflicted with enormous problems around privacy and security concerns as well as practical problems. Both systems offer clues as to how such systems can be implemented and managed, making interesting trade-offs between scale, inclusiveness, security, and technological dependence. This comparison will be about the individual assumptions in their specific needs: tailoring an appropriate digital identity solution to national contexts and users, along with continuous negotiations of new challenges related to data privacy and security.755 views -
Environmental Pollution and Judicial Remedies in Delhi
Advocate in IndiaPages 1204 - 1232This research paper addresses the pressing issue of environmental pollution in Delhi, recognized as one of the most polluted cities globally. The study explores various pollution sources, including vehicle emissions, industrial waste, and construction activities, and their roles in compromising air and water quality. Delhi, the capital of India and the heart of India, is considered to be the most populous city in the northern part of India. The city of Delhi, has been a long sufferer to the problem of environmental pollution. The increased rural to urban migration, and, rapid industrialization in the city of Delhi has put an increased pressure on the resources of Delhi. The overutilisation of resources by the increased population, has caused various kinds of population, like, Air Pollution, Water Pollution, accumulation of wastes, soil pollution etc. Utilizing a mixed-methods approach, the research incorporates quantitative data from structured surveys administered to a diverse population sample. Results reveal significant disparities in awareness across various demographic groups, with many individuals lacking knowledge about the health impacts of pollutants and the strategies available for mitigation. The findings underscore how factors such as education, socioeconomic background, and media exposure influence public awareness. Furthermore, the paper evaluates the effectiveness of current awareness initiatives and identifies challenges in information dissemination. In conclusion, the study offers various suggestions that are given by the Delhi’s population in effectively addressing environmental maladies through Judicial frameworks.609 views -
Regulation of Virtual Digital Assets: The Journey, Challenges, and Way Forward
Student at GLA University, Mathura, UP, IndiaPages 1233 - 1238This article explores the regulation of Virtual Digital Assets (VDAs) in India, focusing on their growth, risks, and the government’s response. VDAs, which include cryptocurrencies and Non-Fungible Tokens (NFTs), have gained popularity but also raise concerns about misuse for illegal activities like money laundering and tax evasion. The Indian government issued a notification under the Prevention of Money Laundering Act (PMLA) to bring VDAs under regulatory oversight, requiring Virtual Asset Service Providers (VASPs) to follow strict rules such as Know Your Customer (KYC) norms and transaction monitoring. Despite these efforts, the regulation of VDAs still faces challenges, including issues related to anonymity, cross-border transactions, and inconsistent compliance practices. The article suggests several solutions to improve the regulation of VDA regulation, such as creating a separate law for VDAs, establishing a regulatory sandbox for testing new ideas, and enhancing international cooperation. A dedicated regulatory authority could better enforce rules and protect users’ rights. Overall, the article highlights the need for a balanced approach that encourages innovation while ensuring security and accountability in the digital asset space.627 views -
Pandora’s Wardrobe: Traditional Cultural Expressions V. Fashion Brands
Student at Tamil Nadu National Law University, Tamil Nadu, IndiaPages 1239 - 1253In the world of fashion, designers increasingly draw inspiration from the concept of traditional cultural expression which is rooted in the heritage of indigenous and local communities. However, using these priceless cultural expressions without giving due credit and recognition raises moral and legal problems. The primary goal of this paper is to examine the need for traditional cultural expressions to be preserved within the fashion industry emphasizing its significance as both a form of artistic expression and a part of cultural legacy. In order to protect the rights of the communities from whom the design comes, this paper argues for the necessity of a legal framework similar to the sui generis system that acknowledges and preserves Traditional Cultural Expressions. This paper aims to illustrate the limitations of current intellectual property rules in promoting ethical practices in the business and maintaining cultural diversity. Protecting traditional cultural expressions in fashion as well as ensuring the sustainability and integrity of cultural heritage as a whole are the paper’s main objectives.580 views -
Cybercrime has become a significant component of the transnational threat landscape in recent years due to the growth of internet-based crime. Thanks to the rapid evolution of technology, criminals have gained access to new tools through online platforms such as social media, online marketplaces, and encrypted messaging apps. In addition to providing a convenient and anonymous communication and coordination space, these platforms facilitate numerous illicit activities. Criminal enterprises have expanded their reach and committed more crimes with the help of the internet, from cybercrime to terrorism and human trafficking. As a result of online platforms' anonymity, internet-enabled crime has increased dramatically. Consequently, law enforcement agencies have a very difficult time identifying and apprehending offenders. With the help of secure communication technologies, criminals can plan illegal activities, recruit others, and even plan their own crimes without having to disclose their identities. Cybercrime has increased as a result, with scams, identity theft, and online fraud becoming more complex and difficult to track. Financial transactions are manipulated, sensitive information is stolen, and victims are defrauded by cybercriminals who take advantage of vulnerabilities in digital systems. There have been drawbacks to computer technology as well as its benefits. Although computers make life so speedy and fast, without them, businesses and government operations would almost cease to operate, as they are being threatened by the most deadly type of criminality - cyber crime. As a result of this proliferation of cheap, powerful, and user-friendly computers, more and more people are able to rely on them for their everyday lives. As businesses, government agencies, and individuals rely more heavily and more on cybercrime, we can limit it by understanding their behavior and impact on different levels of society. This study aims to examine how digital platforms have influenced criminal behavior and how they have given rise to crime.802 views
-
Pages 1268 - 1280The role of forensic evidence in criminal investigations is very crucial. They are highly accurate and often assist in identifying criminals based on the evidence they leave behind. Our bodies contain a unique biological blueprint known as DNA, also known as Deoxyribonucleic acid. A person's identity can be determined by this component, which is present in all cells in their body. Unless two individuals are identical twins, their DNA cannot be the same. DNA profiles are used to identify perpetrators of crime whose cells, hair strands, blood, tissues, semen, or body fluids have been unintentionally left behind at the scene of crime. As a result, issues relating to the right to privacy and the right against self-incrimination have arisen from the application of this data. Such DNA evidence often raises the question of whether it is significant enough to impair the basic rights provided by the Constitution due to its evidentiary value. Since the last few years, DNA evidence has increasingly been used in Indian criminal investigations to identify suspects and exonerate innocent people. The scientific advancement is however concerned with the right to privacy under Article 21 of the Indian Constitution. When DNA data is collected, stored, and analyzed, the sensitive personal information is collected, stored, and analyzed, which can compromise privacy. Although DNA evidence can greatly aid in the pursuit of justice, it must be handled with strict safeguards to ensure constitutional protection. It is important for privacy protections to be strengthened in this context by establishing consent and oversight mechanisms. When the needs of law enforcement and the fundamental right to privacy are balanced, DNA evidence can serve justice without infringing the individual freedoms.621 views
-
Advocacy For Youth Privacy Laws and Policies in India
Student at Department of Law, Invertis University, Bareilly, IndiaPages 1281 - 1290Real world existed before the invention of computers and internet, where people met other people in physical world, which is not the case anymore, the invention and advancement of internet, has divided the world is into two parts firstly, a real physical world and secondly the virtual world, which is becoming the only world for the youth now a days. The privacy of a person as defined by many come to one conclusion that one shall be allowed to do whatever he wants to do within the boundaries of law. Privacy is the right to be left alone or to be free from misuse or abuse of one’s personality. Now hopping onto Youth Privacy, it can be defined in the contemporary world with high Technological advancements, as it relates more to online privacy and protection of data in the world of internet which is not limited to online modes but also stretches to the physical privacy. The privacy if internet was not existing would have concerned and limited to physical privacy and the ambit of the same would have been narrow but situation is not the same as earlier. Technological advancements in India started to peak during and post covid-19 period. Now in India there are almost 1.14 billion subscribers of network including the non-active ones. Assuming 10% non- active subscribers, this reduces to 1.03 billion active subscribers which means a very large population of India is now connected to the Internet. The Right to Access Internet was declared as the fundamental right under article 19(1)(a) of Part III of Indian Constitution in the case of Anuradha Bhasin & Anr v. Union of India and Ors. This clearly shows that person enjoying its one fundamental right might lead to breach of another right. The paper focuses on discussing the term “Youth Privacy” and analyse the importance of it in todays era Across the globe. The paper mainly focuses on the existing legislation on the digital privacy and privacy as a right. It further extends to suggest some advancement that can be made in the laws existing as well as any law which required to be legislated by the Parliament of India in near future. This paper aims to connects dots between Youth Privacy and the technological advancement and their safeguarding. The Youth need more and strong statutes for protecting themselves in both the world i.e., real and virtual world. The State need to make more laws to regulate the access of personal information available online on different platforms and segments.551 views -
Unseen and Unheard: A Socio-Legal Study on Intersectional Victimization and Violence against Transgender
Student at Mangalayatan University Jabalpur, IndiaPages 1291 - 1304In a world that clings to just two labels, the lives of transgender individuals reflect the courage needed to live beyond these rigid definitions. Behind this courage lies a battle fought with the self and with society, where simply being themselves comes with a heavy price. From facing rejection by loved ones to battling discrimination at every turn, their fight for equality is far from over. In the contemporary world, one of the most pressing issues is the struggle for transgender rights, the lack of which leads to violence against such individuals. Even after consistent efforts for public awareness and legal protections, the transgender community faces violence, humiliation, inequality, and several other injustices that put a question mark on their human rights. This paper delves deeply into the diverse challenges faced by the transgender community and specifically focuses on the prevalent violence against transgender individuals that is rooted deeply in societal inequalities. Intersecting factors such as illiteracy, workplace discrimination, social status, dignity, and marginalization, along with various other social barriers that act as obstacles in a pathway to a more inclusive society also contribute to the cycle of victimization and violence. Individuals whose gender identity is different from the sex which they were assigned at the time of their birth are considered transgender individuals. Unfortunately, they witness a world that is hostile and is unacceptable to their existence. This hostility eventually leads to discrimination and social exclusion. Every single injustice creates a pathway for one of the most significant problems faced by them, that is the existence of a social stigma about them. Although there have been legal advancements in various countries where a third gender has been recognized and such individuals have the right to change their legal gender, yet transgender individuals are not treated equally and are denied their basic human rights. Lack of such recognition contributes to a society full of discrimination against transgender individuals which gives rise to transgender violence which is often overlooked. Such inequality promotes various other challenges, one of the major challenges being abandonment by the family, which is another critical issue that severely affects their life and turns it upside down. This paper also shows how various issues intersect with each other and create a compounding effect on an individual's life and eventually exacerbate the vulnerability of such individuals to violence and intersectional victimization. The paper also puts forward the contention that simply reforming the laws is insufficient and there is an urgent need for a holistic approach to address the root causes of intersectional victimization and violence against transgender.699 views -
Legal and Institutional Framework Governing Marriage Conciliation in Tanzania
Student at Faculty of Law, Tumaini University Dar Es Salaam College, TanzaniaPages 1305 - 1317This paper provides a comprehensive analysis of the legal and institutional frameworks governing the resolution of marital disputes, focusing on international and municipal law and the role of conciliation mechanisms in Tanzania. It explores the international legal standards set by conventions and treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Universal Declaration of Human Rights (UDHR), which emphasize the protection of family rights and the peaceful resolution of conflicts. At the national level, the paper examines Tanzania's Law of Marriage Act Cap 29, which establishes Marriage Conciliation Boards (MCBs) as a key institution for resolving family disputes before they escalate to formal litigation. The study further delves into the procedural regulations and subsidiary legislation that support the functioning of these boards, highlighting their community-based nature and culturally sensitive approaches. It also analyzes the broader judicial system in Tanzania, focusing on the roles of Primary Courts, District and Resident Magistrate Courts, the High Court (Family Division), and the Court of Appeal in matrimonial matters. Additionally, the paper discusses the contribution of non-governmental organizations (NGOs), legal aid organizations, and social welfare services in providing access to justice, legal representation, and counseling to individuals involved in marital conflicts. By integrating both legal frameworks and institutional structures, this paper underscores the importance of conciliation as an effective method for resolving marital disputes, promoting family harmony, and ensuring justice within Tanzania’s legal system, in line with international standards.1,141 views -
Balancing the Scales: Sub-Classification in SC & ST Reservations and the Quest for Equality
Student at The West Bengal National University Juridical Sciences (NUJS), Kolkata, IndiaPages 1318 - 1332This article delves into the issues surrounding the subservience of India's Scheduled Castes (SCs) and Scheduled Tribes (STs) and the use of the creamy layer theory in affirmative action laws. It examines court decisions and constitutional changes that have influenced the conversation, highlighting the conflicts between affirmative action and the pursuit of equality among marginalized people. The Chinnaiah rule, for instance, is discussed, arguing that it ignored empirical data and social realities that justify sub-classification. The article also examines the policy discussions and legal implications of the creamy layer idea, emphasizing its importance in ensuring that benefits from reservations go to individuals who are truly underprivileged in terms of education and social status. The Indra Sawhney Judgement and rulings have also been discussed, highlighting the need for sub-categorisation to account for the different social and economic deprivation levels in these groups. The 102nd Constitutional Amendment, which granted equal treatment to SCs, STs, and OBCs, is also examined, emphasizing the need for streamlining reservation regulations to maintain consistency and prevent monopolization by members who benefit from reservations. The article advocates for a comprehensive strategy to address the disparities between SCs and STs, including ongoing verification of reservation beneficiary lists, a deadline for reservation measures, and educational programs to promote equality and dignity.690 views -
Inclusive Justice: Understanding the Dynamics of Intersectionality in Legal Decision Making in India
Student at Alliance University, Bangalore, IndiaPages 1333 - 1343This study explores the complex dynamics of intersectionality in Indian law, with particular attention on how it affects the pursuit of inclusive justice. The notion of intersectionality, which recognizes the interdependence of oppressive institutions and social identities, provides a crucial framework for examining the intricacies involved in making legal decisions. This research attempts to clarify how several intersecting elements, such as gender, caste, religion, class, and culture, intersect to determine legal outcomes and access to justice in India through a thorough assessment of the body of current research and analytical methods. The present study provides light on the obstacles and possibilities for promoting inclusive justice in the judicial system of India. While structural obstacles and systemic prejudices continue to support inequality, there are also examples of progressive legal measures that show the possibility of transformative shift. Building on these discoveries, this article makes suggestions for promoting intersectional approaches in legal decision-making for legal professionals, legislators, and members of civil society. In closing, this study makes suggestions for advancing inclusive justice within the Indian judicial system. These suggestions include adopting inclusive policies and practices that meet the overlapping needs of oppressed groups, fostering diversity within legal institutions, and using intersectional approaches towards legal training and instruction. India may go closer to fulfilling its constitutional commitment to ensuring justice, equality, and dignity for every person by emphasizing the experiences of disadvantaged people and tackling the intersecting kinds of injustice they encounter.1,066 views -
Evaluating the Industry 4.0 Readiness of Dairy Industry: A Case Study in India
Research Scholar, SOMS, IGNOU, New Delhi, IndiaPages 1344 - 1381This research paper presents a comprehensive case study aimed at evaluating the Industry 4.0 (I4.0) readiness of the dairy industry. Utilizing a survey method, the study focuses on various dairy plants situated in the Delhi/NCR region, Haryana, Mohali, and Chandigarh. The assessment is conducted through the application of a maturity model, Impuls maturity framework, enabling a nuanced examination of the readiness levels in key dimensions such as technology integration, data analytics, automation, and collaborative networks. The findings offer valuable insights into the current state of preparedness within the dairy industry, identifying potential areas for improvement and strategic advancements as it gears up for the challenges and opportunities presented by the fourth industrial revolution. This research contributes to the broader discourse on Industry 4.0 adoption in specific industrial sectors, providing stakeholders with actionable information for informed decision-making and future-proofing strategies. The overall maturity level of the dairy industry, assessed using the Impuls maturity framework, is found to be 2.60. This indicates a moderate to high level of readiness for Industry 4.0 adoption within the sector.673 views -
Pages 1382 - 1392This research explores the historical evolution of Science and Technology (S&T) policies in India, focusing on the disconnection between education, research, and economic production systems. It examines key initiatives such as the Science Policy Resolution of 1958, aimed at enhancing innovation and self-reliance within India's production systems, and the inception of the Department of Science and Technology's (DST) Fund for Improvement of S&T Infrastructure (DST-FIST). The study places DST-FIST in a global context, analyzing its role in strengthening S&T infrastructure alongside parallel Indian programs, highlighting the synergies and challenges these efforts face. The research utilizes a socio-legal methodology, with an extensive literature review of policy documents and primary sources like government reports, statistical analysis, and program reviews to assess the trends, funding patterns, and geographical distribution of DST-FIST grants. The findings indicate that DST-FIST, initiated in 2000 with a budget of Rs.75 crores, significantly enhanced research infrastructure in Indian universities, and its continued growth reflects India's broader S&T policy evolution. This paper concludes by emphasizing the importance of robust infrastructure in fostering S&T education and research, offering insights into India’s trajectory toward technological self-reliance and global competitiveness.524 views
-
Legitimising the Inclusion of Third Parties while Passing an Arbitral Award
Student at Institute of Law, Nirma University, IndiaPages 1393 – 1397The case comment discusses the landmark decision of the Supreme Court of India in Cox and Kings Ltd. v. SAP India Pvt. Ltd. & Anr., which legitimised the inclusion of non-signatory third parties in arbitration proceedings under the "group of companies" doctrine. The case highlights the evolving nature of Indian arbitration jurisprudence and its alignment with international practices. The abstract outlines the key facts of the case, including the software licensing agreement between Cox and Kings Ltd. (C&K) and SAP India Pvt. Ltd., the subsequent agreements, and the dispute that arose leading to arbitration proceedings. It then summarises the Supreme Court's ratio decidendi, which establishes that an arbitration award can be passed against a non-signatory party if they are part of the same group of companies and have dealt with the business along with the signatory parties. The abstract provides background information on the UNCITRAL Model Law on International Commercial Arbitration and its influence on the Arbitration Act of India, 1996. It also analyses the submissions made by the petitioner and respondents, as well as the Supreme Court's decision to recognise the "group of companies" doctrine as part of Indian arbitration law. The abstract concludes by highlighting the significance of the decision in Cox and Kings, which serves as an authoritative discussion on the applicability of the "group of companies" doctrine in India. It emphasises the need for corporate groups to structure their transactions and conduct appropriately to ensure that only the intended parties are bound by the arbitration agreement.585 views -
Penalties in Case of Dishonour of Cheques for Insufficiency of Funds in the Account
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1398 - 1406Sections 138 to 148 of the Negotiable Instruments Act deal with the dishonour of cheques and the compensation that would be awarded to the payee. The researcher is interested in researching the penalties in case of dishonour of cheques for insufficiency of funds in the account. Negotiable instruments have been used since the evolution of the transfer of money. When cheques were issued as negotiable instruments, they would sometimes bounce due to insufficiency of funds. To make the drawer liable for bouncing of cheques and to ensure they pay adequate compensation, Sections 138 to 148 of the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 were inserted. The researcher seeks to enlighten the significance of these sections by elaborating them with case laws and amendments briefly.565 views -
Rights of LGBTQ+ Community under Rule of Political Homophobia: A Comparative Study of SAARC Nations
Assistant Professor at Gujarat National Law University, Gandhinagar, IndiaPages 1407 - 1419A tireless progress has been made in the past 50 years by many-an-unnamed individual activists, advocacy organisations across the globe at all local, regional, national and international levels. The history of discrimination across the South Asian region tastes of a bitter colonial past reflected in the same shade of cultural subjugation and penalization on expression of non-normative gender behaviours. Even religious strain guides homophobia in the region and gets translated into State policy. It is perhaps when political homophobia is cloaked under the garb of ‘protection of traditional values’ that the argument for criminalizing homosexuality takes on its most pernicious form. In this research study, we try to meander through the periphery of international principles, legal provisions and challenges faced and overcome, wherever applicable, by the SAARC nations to uplift their LGBTQIA+ communities.538 views -
Impact of Interactive Learning Tools on Early Literacy Development
Teacher at Spring Blossoms School, IndiaPages 1420 - 1428By providing a variety of ways to engage young learners in the development of critical reading abilities, interactive learning tools have completely changed the way that early literacy development is approached. Through customized and immersive experiences, these tools—which include educational apps, online games, smart boards, and e-books—improve phonemic awareness, vocabulary growth, and reading comprehension. While games like Reading Raven encourage children to build their reading via play, apps like Skybrary and Endless Alphabet let kids learn at their own pace. In addition, digital storytelling platforms and collaborative tools like smart boards encourage innovative learning and social skills in groups. The efficacy of these instruments in literacy education is contingent upon their high-quality design, teacher preparation, and meticulous execution.611 views -
Ensuring Judicial Integrity: A Look at the Appointment Procedure of Judges in India, South Africa and the USA
LL.M. student at Maharashtra National Law University, Nagpur, IndiaPages 1429 - 1444Ordinarily, a state has three organs namely, legislature, executive and judiciary. The legislature is responsible for enacting laws and policies which govern the state. The executive is entrusted with executing the laws and policies framed by the legislature. The judiciary is responsible for resolving disputes between and among the state and the people along with interpreting the constitution and the laws. An independent judiciary is a crucial feature of a functioning democracy. It ensures impartial decisions in both private and public law disputes and acts as a check on legislative and executive powers. It protects and helps develop the political, social and economic rights of the people. Furthermore, it protects the rule of law, the fundamental principle that every democratic state follows. The independence of the judiciary of a state depends on numerous factors namely, the procedure of appointment and promotion of judges, the terms and conditions of judicial tenure, financial autonomy in terms of administration of the courts and the procedure of removal of judges. In this paper, the author shall analyse the system of judicial appointments in India and compare it with that of South Africa and the United States of America, and thereafter suggest steps to ensure and uphold the principle of judicial independence and integrity in India.567 views -
Pages 1445 - 1451Almost 7 years ago, Rohingya genocide left its horrible impact on humanity. The Rohingya genocide is a series of ongoing persecutions and killings of the Muslim Rohingya people by the Burmese military in Myanmar. It’s been almost five years since Gambia approached International Court of Justice against this attack on humanity by Myanmar but still the judgement is pending. The rohingyas were dispersed to other neighbouring countries and are living there in refugee camps since then. They are facing intensified restrictions on their movement, education and livelihood which is of utmost important for a human being to live with dignity. They are homeless. They are still waiting for the court the deliver its judgement so they can go back to their homes. The genocide against rohingyas is a gross violation of International law. More than 730,000 Rohingya fled to precarious, flood-prone camps in Bangladesh, while about 600,000 remain under oppressive rule in Myanmar. Rohingya Muslims are still awaiting justice and protection of their rights seven years after the Myanmar, military began a sweeping campaign of massacre, rapes and arson in northern Rakhine State. The proceedings of this case in ICJ should be fast tracked and it should be considered as top most priority. There is need to implement the international law for protecting humanity. The court should consider the point that delayed justice is another torture on the rohingyas. In this article we will discuss how Rohingyas are subjected to procrastination and what are its ill effects.559 views
-
Shareholder Rights and Corporate Governance: An Analysis of Recent Developments in India
Assistant Professor at PG college of Law, Osmania University, Hyderabad, India.Pages 1452 - 1461This article provides a comprehensive analysis of the recent developments in shareholder rights and corporate governance in India. It explores the evolving legal and regulatory landscape, focusing on amendments to the Companies Act, 2013, and the Securities and Exchange Board of India (SEBI) regulations, including the Listing Obligations and Disclosure Requirements (LODR) Regulations, 2015. The study highlights key amendments, such as the LODR (Second Amendment) Regulations, 2023, which have strengthened shareholder participation and protection by mandating periodic reviews of special rights and introducing provisions for shareholder approval of directorships. The article examines significant case laws, such as Invesco Developing Markets Fund v. Zee Entertainment Enterprises Limited (2022) and M.K. Ranjitsinh v. Union of India (2019) , that have reinforced shareholder rights and principles of good governance. It also discusses the rise of shareholder activism and its impact on corporate decision-making, supported by regulatory developments like the Differential Voting Rights (DVR) Framework and the regulation of proxy advisory firms. Furthermore, the judiciary's proactive role in interpreting laws and safeguarding minority shareholder interests is analyzed through landmark judgments. However, challenges in implementing shareholder rights persist due to delayed enforcement, majority-minority power dynamics, a complex regulatory framework, and limited shareholder awareness. The article concludes by emphasizing the need for stronger regulatory oversight, enhanced compliance mechanisms, and greater shareholder engagement to ensure the effective protection of shareholder rights and promote robust corporate governance in India.858 views -
Pages 1462 - 1473Expedited globalization has necessitated enhanced protection of intellectual property, especially well-known trademarks. The paper traces the development of the concept of a well-known mark through a sound reading and understanding of the Paris Convention , the TRIPS Agreement , and the WIPO Joint recommendations . The paper then recognizes the role of Indian courts to secure the concept of a well-known mark through judicial activism. The paper then discusses the poor legislative drafting under the Indian trademark law, which fails to reflect the intention of international convention. It then looks into the vulnerability of infringement of such a mark by cybersquatting and delves into the legal lacunae present under the Code of Civil Procedure, which fails to remedy the proprietor of such a mark when the cybersquatter cannot be reasonably found. The paper suggests amendments to the existing law to resolve the aforesaid legal lacunae. The paper then delves into the legal complications arising when generic olfactory marks are granted well-known status in countries recognizing such non-conventional marks. The paper finally concludes by suggesting relevant remedies to such countries to counter the said issue.1,066 views
-
Judicial Intervention in Arbitration Related to BALCO Judgment
Student of Amity Law School, Amity University, Noida, IndiaPages 1474 - 1491According to Halsbury, arbitration is the referral of a disagreement or difference between at least two parties for resolution by a person or individuals other than a court with competent jurisdiction, after hearing both sides in a judicial fashion. Due to the large number of cases pending before the Indian Judiciary, the reliance of people on alternative dispute resolution mechanism in India is increasing. In order to keep away from the undue delay of courts, out of court settlement options are the most viable means to secure quick redressal of disputes. The Indian Arbitration Act of 1996 covers the legal aspects of domestic arbitration, international commercial arbitration, and the enforcement of foreign arbitral judgments. Indian courts have used provisions of the Act to ignore contradictory contractual terms and establish their own authority in order to enact temporary measures and set aside arbitral judgments. . Foreign investors in India's construction, energy, and other industries have long been concerned about the Indian judiciary's proclivity to intervene in international arbitration processes. In Bharat Aluminium Co. v Kaiser Aluminium Technical Services, Inc., India's Supreme Court rejected previous judgments that authorized this interventionist policy, which is a positive move. The purpose of this article is to examine the jurisdiction of judicial intervention prior to and after the BALCO case.777 views -
Gender Stereotypes and Provisions in Indian Penal Code
Advocate at Pachayil & Associates, Kerala, IndiaPages 1492 - 1507This study explores how ingrained social norms affect legal interpretations and outcomes in gender-related situations by examining the relationship between gender stereotypes and the Indian Penal Code (IPC). Even with progressive legal reforms designed to safeguard women's rights, patriarchal attitudes frequently make it difficult for these laws to be put into practice. In order to identify situations where gender prejudices are present in court rulings and law enforcement actions, we examine particular sections of the IPC, such as those that deal with domestic abuse, sexual assault, rape, cruelty and dowries. In spite of being a vital framework for addressing gender-based violence, the research paper contends that the IPC frequently reflects and reinforces pre-existing stereotypes through a qualitative analysis of case studies and legal documents. Our objective is to make a contribution to the current discussion on gender justice in India by promoting a more sophisticated view of gender in legal situations and proposing reforms that tackle both cultural attitudes and legal structures. This study emphasizes how important it is to tackle legal reform holistically, giving gender sensitivity first priority and combating discriminatory practices in the legal system.542 views -
Brutality Unleashed: The Ruthless Reign of Idi Amin
Student at Christ University, Bangalore, IndiaPages 1508 - 1519Idi Amin, a military officer, and the president of Uganda from 1971 to 1979, was born in Koboko, Uganda, on August 24, 1925, and passed away in Jeddah, Saudi Arabia, on August 16, 2003. He seized power through a military coup in 1971 that overthrew President Milton Obote, and his regime quickly descended into a terrifying period of tyranny and terror, marking the beginning of one of Africa's darkest chapters. His eight-year rule was characterized by extreme brutality, human rights abuses, and economic mismanagement, leaving an indelible mark on Uganda's history. Idi Amin's legacy is the one of infamy and tragedy. He is remembered as one of Africa's most brutal dictators, responsible for the deaths of hundreds of thousands of Ugandans and the displacement of many more. His regime's atrocities continue to haunt Uganda, and his name remains synonymous with tyranny and oppression. Initially, he was seen as a charismatic and popular figure who had made promises to bring back the lost stability back to Uganda which propelled him through the ranks, and he quickly rose to become one of Uganda's most senior military officers by the early 1970s. In January 1971, he orchestrated a coup against President Milton Obote while Obote was attending a Commonwealth summit in Singapore. Amin accused Obote of tyranny and corruption, and within days, he declared himself president, effectively seizing power and establishing a military government. This research paper will allow us to explore the dark side of Idi Amin's reign through the lens of both domestic Ugandan law and international legal principles.3,060 views -
A Critical Analysis of Legal Frameworks and their Impact on Individual Rights and the Public Interest
Student at Tamil Nadu Dr. Ambedkar Law University (TNDALU), School of Excellence In Law (SOEL), IndiaPages 1520 - 1533This research critically examines the interplay between legal frameworks and their impact on individual rights and the public interest. Legal frameworks are designed to uphold justice, equality, and order within society. However, they often create tensions between safeguarding individual freedoms and promoting the collective good. This analysis turnover various legal domains, including public health, workplace equality, and human rights, to explore how laws can both protect and restrict individual liberties. This methodology involves, the public health laws, such as mandatory vaccinations and quarantine measures, highlight the conflict between individual autonomy and societal health needs. These laws are essential for controlling the spread of infectious diseases, yet they can infringe on personal freedoms and bodily autonomy. The paper will analyze case studies, how these laws are implemented and their varying impacts on individual rights. Workplace equality laws aim to eliminate discrimination based on gender, race, and other characteristics. While these laws are crucial for promoting fairness and inclusivity, they may inadvertently perpetuate hidden inequalities. For example, affirmative action policies, while designed to level the playing field, can sometimes lead to reverse discrimination or tokenism. The research paper will explore the effectiveness of these laws and propose ways to address their shortcomings. Human rights laws are another critical area of focus in this research. These laws are intended to protect individuals from abuses and ensure basic freedoms. In practice, they can be selectively enforced or manipulated to serve political agendas. The paper will examine instances where human rights laws have been both upheld and violated, assessing the broader implications for justice and equality.1,156 views -
An Analysis of Gender-Based Wage Discrimination at Work
Assistant Professor at School of Law, SRM Institute of Science and Technology, Kattankulathur, Chengalpattu District, IndiaPages 1534 - 1547Gender-based wage discrimination has been a persistent issue in the workplace for many years. In spite of efforts made towards gender equality, but still exists a significant level wage gap between men and women. In this study aims to inspect the extent of gender- based wage discrimination in the workplace and its underlying causes. The study also explores the impact of this discrimination on individuals and society as a whole.535 views -
Legal Challenges Facing the Tax Ombudsman Services Office in Resolving Dispute in Mainland Tanzania
LL.M. student at Tumaini University Dar es salaam College (TUDARCo), TanzaniaPages 1548 - 1565Efficient tax dispute resolution is crucial for fostering a favorable business environment and ensuring compliance with fiscal regulations in Mainland Tanzania. The role of the Tax Ombudsman emerges as pivotal in this context, aiming to provide an impartial mechanism for resolving disputes between taxpayers and tax authorities. This article examines the evolution, functions, and impact of the Tax Ombudsman in Tanzania’s tax administration landscape. Initially introduced to enhance transparency and accountability, the Tax Ombudsman operates within a defined legal framework, offering an alternative avenue for resolving disputes that may arise from differing interpretations of tax laws or procedural irregularities. Despite its establishment, Tanzania faces challenges such as procedural delays, inadequate resources, and limited public awareness of the Ombudsman’s services. Through a comparative analysis with international practices, this study identifies best practices that could enhance the efficiency of Tanzania’s Tax Ombudsman. Case studies and statistical data illustrate the Ombudsman’s interventions, demonstrating its role in expediting dispute resolution and fostering taxpayer confidence. This article concludes with actionable recommendations to strengthen the Tax Ombudsman’s mandate, suggesting legislative reforms, capacity-building initiatives, and public outreach strategies. By addressing these areas, Tanzania can optimize the Tax Ombudsman’s effectiveness, thereby promoting fairness, transparency, and efficiency in tax dispute resolution across the country.989 views -
Intellectual Property Law in the Age of Digital Piracy and Artificial Intelligence
Student at Amity Law School, Noida, IndiaPages 1566 - 1625In the digital age, intellectual property (IP) law faces unprecedented challenges due to the rise of digital piracy and the growing influence of artificial intelligence (AI). This paper examines the evolving landscape of IP law in the context of AI-driven content creation and the proliferation of online piracy. AI is not only revolutionizing the creation of new works, such as music, art, and literature, but also raising complex legal questions about authorship, ownership, and liability. Simultaneously, digital piracy has been exacerbated by advanced technologies, allowing for rapid, large-scale infringement of copyright across the globe. This research explores how existing international and national IP frameworks, including the World Intellectual Property Organization (WIPO) and the TRIPS Agreement, are struggling to address these challenges. By analyzing legal precedents, case studies, and regulatory responses, the paper provides a comprehensive understanding of the gaps in current IP law and proposes innovative reforms to address both AI-generated content and the enforcement of digital rights in the face of piracy. The findings suggest that legal systems must adapt to maintain a balance between innovation and protection in this rapidly evolving technological landscape.1,151 views -
Marital Rape is one of the most sensitive issues in India which is subject to constant debate and controversy. In India, specifically in Hindu law, marriage is a sacrament bond which provides rights to the spouses to cohabit legally, ethically, along with social sanctity for procreation. However, consent remains at stake when it comes to sexual intimacy in such a pious obligation. National Family Health Survey and United Nations Population Fund have conducted survey which has highlighted the plight of marital rape in India. India doesn’t have any proper legislation which could penalize such a silent rape. There had been several instances when the bill for penalizing marital rape got tabled in Parliament but couldn’t see the ray of hope of getting it passed. However, the Judiciary put an effort to enhance the age of wife from 15 years to 18 years under section 375 of IPC, 1860 by virtue of the landmark case Independent Thought v. Union of India (2017) 10 SCC 800. The plight of married women falling in the category of 18 years and above remained to be unaddressed. The irony for Indian women is that though being a part of the largest democracy, they are unable to get any remedy for this act. Even though there were changes brought in the major criminal laws of the country in 2023 where the government had an opportunity to address the plight of married women, but they failed to do it yet again. There is a pressure on Indian women known as “domestic obligation”, in the family. In such a scenario having consensual sex in marriage stands to be a misnomer. Wife objecting to having sexual intercourse with her husband becomes an issue of ego for the man. This happens as it is presumed that the wife consented to sex at any point of time as soon as she tied a marital knot with her husband. This is quite not picking the standards of Fundamental Rights enshrined under Indian Constitution where it compromises with the women's bodily dignity. Even the framers of law in India, have denied legislating over such an issue by saying that it can create an imbalance in the Indian families, which can also give a drastic change to the legal plethora. Other than this, there also exists a problem of the issue being proved or disproved in the court of law. This concern has rapidly become a part of an everyday discussion and hence a contemporary issue which we will attempt to do justice by covering in this paper.746 views
-
Medical negligence litigation has emerged as a critical area of concern in India’s healthcare system, particularly in light of the increasing number of malpractice cases. Despite the legal framework established under the Consumer Protection Act, 1986, and the Medical Council of India regulations, the pursuit of justice for victims of medical negligence remains fraught with challenges. This paper examines the multifaceted challenges faced in medical negligence litigation in India, encompassing legal, procedural, and societal dimensions. The concept of medical negligence and the legal guidelines that regulate It are covered in the first section of the paper. It goes into further detail on how difficult it is to establish negligence, which calls for a sophisticated knowledge of medical norms and procedures. A critical analysis of medical experts’ roles and testimony is presented, emphasising how challenging it may be to get unbiased expert conclusions. The report also addresses the protracted and frequently difficult legal procedures that victims have to go through, such as the dearth of specialised tribunals and the backlog of cases in the court system. The article also discusses how the stigma associated with medical malpractice lawsuits deters victims from pursuing justice. It also emphasises the possibility for prejudice in the legal system as well as the power of the medical community. In order to speed justice for victims of medical negligence, the report ends with proposals to improve public understanding of the law, shorten the litigation procedure, and create specialised tribunals. By promoting changes that guarantee responsibility within the healthcare system and safeguard patients’ rights, this research seeks to further the current conversation on enhancing the medical negligence litigation environment in India.990 views
-
Honor Killings in India: Legal Responses and Societal Challenges
Assistant Professor at Goverenment J. Yoganandam Chhattisgarh College, Raipur, Chhattisgarh, IndiaPages 1650 - 1660Honor killings are a persistent and deeply troubling form of violence in India, where individuals, especially women, are murdered by their family members to protect or restore the family’s honor. These killings often occur when individuals marry outside their caste, community, or religion, or refuse arranged marriages. Despite legal measures in place, including constitutional provisions and criminal laws, the practice continues due to deep-rooted patriarchal traditions and societal pressures. This paper examines the prevalence of honor killings in India, explores the existing legal framework, and delves deep into the view of Indian Judiciary and the guidelines issued and highlights the challenges posed by societal attitudes and cultural norms. It also discusses potential reforms and recommendations for more effective legal and social responses to this issue.932 views -
Sex Trafficking and Drug Abuse among Women and Children
Student at Sai Nath University, Ranchi, Jharkhand, India.Pages 1661 - 1667Serious worldwide problems, such as drug misuse and sex trafficking, affect women and children and feed cycles of control and exploitation. Traffickers frequently use coercion, fraud, and manipulation to coerce vulnerable people—those who are poor, illiterate, or socially marginalized—into sexual servitude. Abuse of drugs is often used as a method of control, rendering individuals helpless and reliant. This magazine examines how these two issues are connected, emphasizing the origins, effects, and legislative frameworks that are in place to address them. The effects on victims' bodies and minds are severe. In addition to health issues, addiction, depression, and post-traumatic stress disorder (PTSD), women and children also experience sexual abuse. Beyond just an individual's experience, the effects spread over entire communities due to a rise in crime, strain on the economy, and persistence of poverty. Globally, a number of legislative frameworks, including the UN Palermo Protocol and state legislation such as the Immoral Traffic (Prevention) Act (ITPA) in India and the Trafficking Victims Protection Act (TVPA) in the United States, seek to address these issues. However, due to a lack of resources, corruption, and ineffective law enforcement, drug trafficking and networks continue to flourish and enforcement is still uneven. Comprehensive solutions—stronger law enforcement, cross-border cooperation, and victim rehabilitation programs that address the trauma of human trafficking as well as the difficulties associated with drug addiction—are required to end this cycle. Reducing susceptibility also requires the use of prevention techniques like community-based initiatives, economic empowerment, and education. This publication emphasizes the significance of international cooperation and coordinated action in breaking up trafficking networks and shielding society's most vulnerable citizens from exploitation by looking at case studies and global initiatives.630 views -
Fair Implementation of Corporate Social Responsibility (CSR) Administration: Role of Government
Student at GLA University, Mathura, IndiaPages 1668 - 1686The Term ‘Corporate Social Responsibility’ (CSR) has been subjected to various interpretations, but academics have been instrumental in achieving the consensus to ascertain its definitive meaning. A concern that arose was to determine the interest of numerous corporate organisations in recognising Corporate Social Responsibility (CSR) as their commitment to work for the betterment of society. Moreover, the Government was obligated to play a pivotal role in establishing uniform norms and practices so that every corporation complies with its duty to fulfil the laws related to Corporate Social Responsibility (CSR). Corporations are required to abide by the norms of society due to their social receptivity. Hence Government is required to foster the implementation of legal compliances related to corporate social responsibility efficaciously so that the goals of social justice can be secured amicably. Businesses to ensure societal growth and development, through munificence, or by having a desire to achieve something beyond profit-making have also played a dominant historical role in promoting and enhancing the vision of Corporate Social Responsibility (CSR). Thus, this article aims to probe the contribution of the government in securing the effective execution of the legal compliances related to Corporate Social Responsibility (CSR).1,213 views -
Pages 1687 - 1706This paper, titled "Legal Frameworks for Sustainable Water Resource Management: Integrating Land, Mineral, and Biodiversity Conservation," aims to address the complex interplay between legal regulations and environmental sustainability, focusing on water management systems. The legal frameworks that regulate water resource management play a pivotal role in ensuring sustainability. These frameworks establish the rules for water allocation, control water pollution, and protect ecosystems dependent on water. National laws, such as the Water (Prevention and Control of Pollution) Act, 1974 in India and the Clean Water Act in the United States, provide the regulatory foundation for managing water resources sustainably Furthermore, international agreements like the UNECE Water Convention offer guidelines for cross-border water cooperation and pollution prevention, highlighting the importance of a coordinated approach to water governance. Legal structures also ensure that stakeholders, including governments, industries, and local communities, have clear responsibilities in maintaining water quality and availability.573 views
-
Disaster Management Laws: Bridging the Gap between Policy and Implementation
Dean & Professor at Amity Law School, Amity University, Bangalore, IndiaPages 1707 - 1728Disasters, both natural and man-made, pose significant threats to human life, infrastructure, and economic stability. Effective disaster management is crucial for minimizing these impacts and ensuring rapid recovery. While numerous policies and laws have been established to guide disaster preparedness, response, and recovery, a persistent gap often exists between policy formulation and its practical implementation. This article examines the existing disaster management laws, identifies the barriers hindering their effective application, and proposes strategies to bridge the gap between policy and implementation. Through a comprehensive analysis of legislative frameworks, case studies, and stakeholder roles, the study highlights the necessity of cohesive coordination, adequate resource allocation, and continuous evaluation to enhance the efficacy of disaster management systems. By addressing the disconnect between policy and practice, the article aims to contribute to more resilient and responsive disaster management infrastructures.636 views -
7 Sisters & A Brother: Exploring the North-East Region of India
Student at Amity University Lucknow Campus, IndiaPages 1729 - 1745In this research paper, the political, historical, cultural, and geographical aspects of the North Eastern area of India are examined. Scattered across eight states, the region's population of approximately 51 million people is home to over 335 tribal tribes and a wealth of cultural and linguistic variety. It must, however, also deal with issues like insurgency, which is brought on by long-standing grudges, anger, and brittle borders. British strategy deliberately kept the region remote until India attained independence, which allowed the indigenous tribal people to evolve distinctive social systems. Because of the perception that the central government was marginalising and neglecting them, rebel activities persisted even after post-independence constitutional revisions like the Sixth Schedule, which were meant to grant autonomy to tribal territories. The distinct circumstances of several countries are examined in this study through an examination of historical grievances, demographic shifts, and separatist movements. In addition to separatist upheavals, demographic revolutions, and population shifts, Assam has seen the Assam Movement against the practice of illegal immigration." The region is seen as geopolitically significant because to its proximity to China, Bangladesh, and Myanmar. Ultimately, the region's complex socioeconomic context and enduring problems are recognised. It also discusses how peace accords and development programmes may be used to put an end to insurgencies.951 views -
Trade Secrets in the Fashion Industry
Student at Asian Law College, Noida, IndiaPages 1746 - 1758In the fashion sector, trade secrets are vital resources that contribute to a company’s competitive advantage. This research paper discusses the complicated world of trade secrets in the fashion industry, by investigating their background, the laws governing them, and the different kinds of secrets that fashion brands keep under cover. The study discusses historic trade secret disputes and the insights they give using historical context and case studies. It addresses the continuous issues brought on by employee mobility, cybersecurity concerns, and counterfeiting while examining the different protection techniques used by fashion companies, including technological, operational, and legal measures. Furthermore, this research examines the moral and societal dimensions of trade secret protection while examining how it affects competition and creativity. It also offers predictions for future trends by analyzing how changes in industry, law, and technology will affect trade secret protection as it relates in the fashion sector. This research paper share attempts to provide useful advice for fashion companies looking to protect their trade secrets and stay competitive by providing a thorough summary.721 views -
Evaluating Tanzania’s Legal Framework for Digital Databases: The Need for Enhanced Protections amid ICT Advancements
LL.M. Student at University of Iringa, TanzaniaPages 1759 - 1772In the digital age, databases have become invaluable assets, underpinning various sectors such as business, healthcare, education, and governance. As Tanzania increasingly relies on Information and Communication Technology (ICT) to drive its economy, the legal protection of digital databases has emerged as a critical issue. However, Tanzania’s current legal framework, primarily governed by the Copyright and Neighbouring Rights Act (1999), falls short in safeguarding databases, especially those that do not meet the originality threshold. This inadequacy is further exacerbated by advancements in ICT, including cloud computing, artificial intelligence (AI), and big data, which pose unique challenges for database protection. This paper critically evaluates Tanzania’s legal framework for database protection, identifying significant gaps and vulnerabilities in light of modern technological developments. It highlights the limitations of the current copyright-based approach, which leaves non-original databases exposed to unauthorized access and misuse. By drawing on international best practices, this paper argues for the introduction of a sui generis protection regime in Tanzania. Additionally, the paper advocates for stronger enforcement mechanisms and enhanced civil remedies to deter database infringements, harmonization of Tanzanian law with international standards to ensure cross-border protection, the need for public awareness campaigns and sector-specific guidelines to foster compliance and strengthen the overall protection regime for digital databases in Tanzania. By addressing these legal shortcomings, Tanzania can enhance the protection of digital databases, fostering innovation and securing its role in the global digital economy.2,109 views -
Copyright Violations through AI Generated Contents
Student at Amity University Madhya Pradesh, IndiaPages 1773 - 1780This paper explores the violations of copyright through the AI generated contents such as contents from ChatGPT, AI is the emerging technology in present times with more people exposure to internet but the content of AI are owned by whom as they are not created directly by humans and such content cannot get copyright protection as it is not original work of author, we will understand these copyright violations as per copyright law in India in relation with content generated from AI. We would deal with infringement and liability that can be arise from such violations and also addressing the challenges in determining the ownership and authorship, through various case laws we will understand the importance of upholding the authorship and originality principle of copyright work and how AI generated contents are violating the rights of the author of the original literary work.496 views -
Unpaid Household Work: A Feminist View Point
Advocate in IndiaPages 1781 - 1788The very root of familial ideology can be described to contain a set of values pertaining to kinship & household structures namely the patriarchal nuclear family and the sexual division of labour. Herein women are constructed as wives, mothers, responsible for child rearing as their role was seen as natural and biological for the purposes of procreation and domestic labour. Men on the other hand, men are being constructed as husbands and fathers, are responsible for familial welfare. This exact sexual division of labour gave rise to the concept of family wage that propagated men to be able to earn a wage that was sufficient to support the family. It was actually intended to release women from dual responsibilities of earning for the family and doing household work. But this instead had negative implications and created a negative narrative. It created economic dependency of women on their husbands, amplifying patriarchal structures further. As a result, women remained confined within these private domesticated spheres, which over centuries, led to a gender disparity between the exposure and growth of men and women. The concept of house work that had genesis in the familial ideology and family wage has been generalised from a viewpoint that household work does not require as much labour as going out and working in the external corporate environment. Demographics in India show a range of familial structures belonging to lower and middle economic classes, wherein a majority of married women are house makers or housewives as the nomenclature goes, making the wife to become a direct dependant on the husband for all her needs. This arrangement promotes abuse abuse.violence and mistreatment that can be predominantly understood from theories of dependency and exchange theory of violence. Underlying factors that aid in women taking the role of house maker or house wife may be choice, but are usually motivated by lack of access to education, gender roles that confine women to the household, unsafe and unsuitable working environments, cultural, familial and societal as well as biological pressure. The change this paper seeks to bring about is one wherein the work done by one half of the society is granted due legal, political, economic recognition and safeguarding, without having to bear disproportionate costs that the other half does not have to. It deals with the central idea of whether housework done by housewives can be given tangible and monetary credit in the form of paid work promoting substantive equality and challenging the familial ideology of division of labour. It seeks to challenge the cult of domesticity embedded by virtues of piety, purity, domesticity and submissiveness, restricting a woman’s contribution in household chores without regard from a feminist viewpoint.926 views -
Framing Feminism: A Dual Lens of Radical and Liberal Feminism in ‘Erin Brockovich’
Student at Jindal Global Law School, IndiaPages 1789 - 1796This paper examines the representation of feminist jurisprudence in Susannah Grant’s Erin Brockovich, utilizing both radical and liberal feminist frameworks to analyse the protagonist's journey. The film portrays Erin, a single mother and legal assistant, as she navigates the complexities of a corporate scandal involving environmental contamination. From a liberal feminist perspective, Erin’s determination and individual agency illustrate the potential for women to reclaim their identities and assert their rights within patriarchal structures. Conversely, a radical feminist lens reveals the systemic oppression and societal expectations that undermine her credibility and autonomy. Key scenes, including courtroom dynamics and interpersonal relationships, highlight the tension between individual empowerment and structural inequality. Ultimately, this analysis underscores the necessity of addressing both personal and systemic challenges in the pursuit of gender justice, illustrating how Erin Brockovich serves as a compelling case study for feminist jurisprudential discourse.1,137 views -
The Impact of IPR on Developing Countries
Student at Amity Law School, Noida, IndiaPages 1797 – 1832The impact of Intellectual Property Rights (IPR) on developing countries is a multifaceted issue that intertwines economic growth, cultural preservation, and social equity. This paper explores the dual nature of IPR, highlighting both its potential benefits and the challenges it poses to developing nations. While IPR can stimulate innovation, foster economic growth, and facilitate technology transfer, its current framework often exacerbates existing inequalities by favoring multinational corporations over local creators and communities. This disparity results in barriers to access essential knowledge and resources, stifles local innovation, and perpetuates economic inequality. The paper delineates the benefits of IPR, including its role in promoting economic development, enabling technology transfer, and preserving cultural heritage. However, it critically examines the challenges associated with IPR implementation in developing countries, such as the restrictive nature of patent laws, high costs of access to medicines, and the inequitable distribution of benefits from innovations. The analysis underscores the need for urgent reforms to create a more equitable IPR landscape that empowers local communities while safeguarding their rights. In proposing a comprehensive set of reforms, this study emphasizes the importance of creating flexible IPR systems that recognize and protect traditional knowledge and local innovations. It advocates for the simplification of registration processes, the establishment of technology transfer programs, and the encouragement of collaborative research initiatives. Furthermore, enhancing legal education and awareness around IPR, promoting local content development, and advocating for socially responsible licensing models are crucial components of the reform agenda. The role of regional cooperation and international advocacy is also emphasized, as developing countries can leverage collective action to negotiate fairer global IPR frameworks. Additionally, the paper highlights the potential of digital technologies in transforming IPR management and enhancing access for local creators. By implementing blockchain for IP tracking and developing online platforms for registration, developing countries can streamline IPR processes and empower local entrepreneurs. Ultimately, the paper argues that a balanced IPR framework is essential for fostering innovation, protecting cultural heritage, and promoting social equity in developing countries. By addressing existing inequalities and implementing the proposed reforms, developing nations can create a more just and inclusive IPR environment that not only stimulates economic growth but also enriches their cultural landscape. This research serves as a call to action for policymakers, stakeholders, and international organizations to work collaboratively towards reforming IPR in ways that genuinely benefit local communities, ensuring that the fruits of innovation and creativity are shared equitably across society. Through these efforts, developing countries can harness the full potential of IPR to secure a brighter and more equitable future for their citizens.1,068 views -
The Role of Non-Compete Agreements in Protecting Trade Secrets
Student at Amity Law School, Noida, IndiaPages 1833 - 1869This paper explores the role of non-compete agreements (NCAs) in protecting trade secrets while analyzing their implications for employee mobility, innovation, and economic dynamics. Non-compete agreements have become increasingly prevalent as businesses seek to safeguard proprietary information and maintain competitive advantages; however, their use has sparked significant debate regarding ethical considerations and the potential restriction of workers' rights. This study provides a comprehensive overview of the definition, enforceability, and global perspectives of NCAs, highlighting successful reform initiatives in various jurisdictions, including California, Illinois, Massachusetts, and Virginia. These case studies demonstrate the effectiveness of legislative changes in promoting employee mobility and fostering a dynamic labor market while still allowing for legitimate business protections. Furthermore, the paper examines the impact of digitalization and the gig economy on the relevance of NCAs, emphasizing the need for a reevaluation of existing legal frameworks. The findings underscore the importance of balancing employer protections with employee rights and suggest that collaborative dialogue among stakeholders is essential for developing fair and equitable legislation. Ultimately, this paper advocates for comprehensive reform of non-compete agreements to enhance economic growth, encourage innovation, and empower workers to pursue their careers freely.680 views -
Organ Trafficking as a Form of Organized Crime: Gaps in Law and Policy
Assistant Professor, Amity Law School, Amity University, Lucknow, India.Pages 1870 - 1879Organ trafficking violates human rights all across the world, just like any other major crime. The judiciary under article 21 of the constitution declares that everyone has a basic right to health. Highlighting the fact that the Constitution now recognizes a person's right to control their own body as a core fundamental right. Organ trafficking is reportedly an organized crime that has grown significantly in India. Human organ trafficking not only violates the victim's fundamental rights to life in dignity and freedom, but also has the potential to have detrimental effects on one's life and health. There is no doubt that India being the largest exporter of the human organs is involved in illegal organ trade. The global demand for human organs is rising, and crimes involving the trade of human organs are rising considerably especially among vulnerable and marginalized societal groups. Although there is a growing need for organs, there is not enough of a supply to satisfy this demand. This disparity has led to the commercialization of donations and the enormous growth of illegal organ markets. The perpetrators of organized crime take the advantage of increased demand of organs in India and abroad. They are involved in human trafficking for organ trade. Current legal regime to fight with this issue is inadequate and has become one of the fundamental causes of expanding commercial organ trading. This paper aims to critically examine the state of "organ trafficking" in India and the function of the current legal system in dealing with this menace.1,116 views -
Legal – Policy Interface as a Remedying Force for Climate Migration and Induced Displacement
LLM student at Department of Law, University of Kerala, India.Pages 1880 - 1890Complex problems call for far-reaching, long-term, holistic and sustainable solutions. It is not only necessary that such solutions are devised, but its effectiveness and implications are closely and regularly monitored and subjected to a feedback-mechanism for modifications and corrections. How can these be envisaged and incorporated in a single formula? The paper is an attempt at answering this query. Climate change is a loomig reality rather than a speculative theory today with international and national efforts being channeled towards finding solutions to its ever-encompassing and at times, unforeseeable effects. For its normative prongs being founded in and connected to the socio, political, economic and technological manifestations of society, law is often chosen as a regulatory tool. However, even when its efficacy in this role is proven, law as a tool have met with failures too. So, how do one tether and define the boundaries, content and elements of a legal framework if we were to create one to address climate migration and induced displacement? It is the argument of the author that such formulations need to be based on informed data, and a solid blueprint rather than ‘Latin and Greek’ in isolation. The paper argues for an interface augmenting the elements of law, policy and science instead of a piece-meal approach of these realms.429 views -
An Analysis of Abortion Laws in India from a Human Rights Perspective
Ph. D. Research Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 1891 - 1908Under the contemporary understanding human rights means and include rights relating to life, liberty, equality, and dignity of the individual which are essential for human existence. The issue around abortion is directly linked with doctrines of life, liberty, equality, and dignity, while in India there are several laws controlling the scope and ambit of abortion. These laws are often challenged as violating various human rights principles. The article is an analysis of abortion laws in India from a human rights perspective.601 views -
The Dual Edge of Technology in Child Molestation: Enabling Exploitation and Empowering Protection
Research Scholar at Faculty of Law, Jai Narain Vyas University, Jodhpur, Rajasthan, IndiaPages 1909 - 1921This Research Paper explores how advancements in technology have created new avenues for child molesters to target, groom, and exploit children online. From social media platforms to encrypted messaging services, offenders are using digital tools to hide their identities and engage in illicit activities. At the same time, the article highlights the use of cutting-edge technology by law enforcement, including AI systems and digital forensics, to combat child exploitation and protect vulnerable children. The advent of technology has transformed nearly every aspect of our lives, including the way children interact with the world around them. While technology can be a powerful tool for education and connection, it also presents significant risks, particularly in relation to child molestation and exploitation. In today’s interconnected world, technology plays a pivotal role in the protection of children from sexual abuse, acting as both a shield and a tool for prevention. The digital landscape, while often fraught with risks, also provides innovative solutions that enhance child safety and empower guardians. One of the most significant advancements has been the development of monitoring and filtering software, which allows parents to oversee their children’s online activities, ensuring they are not exposed to harmful content or predatory behavior. These tools can alert parents to suspicious interactions and help create a safer digital environment.526 views -
The Evolution of Environmental Law: A Critical Examination of M.C. Mehta v. Union of India and Its Impact
Student at Dr. Ambedkar Law University School of Excellence In Law, IndiaPages 1922 - 1932The Oleum Gas Leak case stands as one of the most transformative environmental legal cases in India, with far-reaching implications for environmental law and corporate accountability. This research paper delves into the background of the case, examining the pivotal role played by the judiciary and its contributions to the evolution of environmental jurisprudence in India. Notably, the case introduced the "absolute liability" principle, which ensures that industries are held responsible for harm caused by hazardous activities, irrespective of negligence. This landmark ruling set key legal precedents, influencing critical legislative frameworks like the Environment (Protection) Act, 1986, and the Public Liability Insurance Act, 1991. The paper also explores the use of Public Interest Litigation (PIL) as a strategic tool for environmental protection, illustrating how the judiciary has balanced the imperatives of economic development with the necessity of environmental preservation. The analysis offers insights into broader implications for environmental governance, regulatory reforms, and the protection of human rights in industrial contexts. Finally, recommendations are provided to strengthen legal enforcement mechanisms and promote sustainable development in line with constitutional principles.1,877 views -
Comparative Analysis of Direct and Indirect Democracy: A Study of Switzerland and India
Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1933 - 1941This paper offers a comparative analysis of democratic systems in India and Switzerland, focusing on the distinctions between indirect and direct democracy. India operates primarily under an indirect, representative democracy, where citizens elect representatives who make decisions on their behalf, reflective of its diverse population and complex federal structure. In contrast, Switzerland practices a direct democracy, where citizens actively participate in decision-making through referendums and initiatives. The paper examines the legal frameworks, political structures, and historical contexts that shaped these systems. India's model, influenced by its colonial history, emphasizes efficient governance for a large, diverse population, while Switzerland’s approach fosters direct citizen involvement in a smaller, more localized context. The study highlights the strengths and challenges of both systems, exploring how India’s indirect democracy balances representation with governance and how Switzerland’s direct democracy promotes citizen engagement but demands higher levels of political awareness. Ultimately, the paper suggests that hybrid models incorporating elements from both systems may enhance democratic governance worldwide.2,040 views -
Pages 1942 - 1952This research paper examines the complex legal and ethical challenges arising from the widespread integration of artificial intelligence (AI) into society. It explores key areas of concern, including algorithmic bias, liability in autonomous systems, privacy in the data age, and potential job displacement. Through analysis of case studies, research findings, and global regulatory approaches, the paper highlights the inadequacy of current legal frameworks to address AI-related issues. The study reveals significant gaps in accountability, transparency, and fairness across various AI applications, from facial recognition technology to autonomous vehicles. Findings underscore the urgent need for adaptive legal structures and ethical guidelines to govern AI development and deployment. The research paper proposes potential solutions, emphasizing the importance of international cooperation, public awareness, and ongoing monitoring of AI's societal impacts. By addressing these challenges, the research contributes to the evolving discourse on balancing technological innovation with ethical considerations and human rights protection in the AI era. This comprehensive examination of the legal and ethical landscape surrounding AI aims to inform policymakers, researchers, and industry professionals, fostering responsible AI development that benefits humanity as a whole.528 views
-
Pages 1953 - 1962India is moving towards the digital era with its flagship campaign “Digital India” and it brings innumerable opportunities in terms of innovation and networking. Nonetheless, the advancement of technology that has developed quite rapidly over the years, has also brought increased cases of cybersecurity threats which are dangerous to any individual, firm or critical structures. This article looks at the relationship between India’s digital evolution and the rise of cyber threats, as a study shows cybercriminal attacks rising 63.5% between 2017 and 2018, as reported by the NCRB. Thus, pointing out the most typical kinds of cybercrime, including advanced hacking, identity theft, and ransomware and phishing attacks, the article underscores the urgent issues that hamper the response. This is a problem for India because the laws are outdated and the police force and other law enforcement agencies generally lack technical know-how. This article provides a set of practical recommendations based on the recent data, including the considerable financial losses in the banking sector as a result of cyber events. Among them are enhancing cybersecurity having the best technologies, increasing people’s awareness, publishing, and promoting collaboration between both governmental and non-governmental organizations as well as carrying out amendments to legal regulation concerning cybersecurity. In conclusion, it can be noted that the article has the imperative call for going forward and taking active battles against cyber criminalities and that no nation through passivity and complacency in the world today can ensure its future safety despite its nascent technological rights lest it turns the threats of cybercriminalities to the opportunities for future growth.504 views
-
An Examination of the Law of Marriage Act regarding the Distribution of Matrimonial Real Property in the Context of Customary and Islamic Polygamous Marriages in Mainland Tanzania
Assistant Lecturer and Intellectual Property Manager at the Nelson Mandela African Institution of Science and Technology, and a PhD Student in Law at Open University, TanzaniaPages 1963 - 1989This paper examines the Law of Marriage Act as it pertains to the division of matrimonial real property within the context of customary and Islamic marriages in Mainland Tanzania. It highlights the legal frameworks governing property rights, identifying disparities and challenges faced by spouses in these marriage types. The study reveals that while the Act aims to provide equitable property distribution, it often falls short in addressing the unique cultural and religious dynamics of customary and Islamic practices. Key issues include inadequate legal recognition of non-formalized marriages and conflicting interpretations of property rights. By analyzing case law and existing literature, this paper advocates for reforms to enhance legal clarity and ensure fair treatment for all spouses, promoting gender equity and protecting the rights of individuals within diverse marital contexts. Ultimately, it underscores the need for an inclusive legal approach to matrimonial property rights in Tanzania.863 views -
Weaving the Algorithmic Thread: A Tapestry of Artificial Intelligence in Law’s Historical Evolution
Head of Department and Dean at Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, IndiaPages 1990 - 2007This research paper traces the historical evolution of Artificial Intelligence in law, from Gottfried Wilhelm Leibniz’s visionary concept of a “calculus of justice” to the modern era of Large Language Models. It explores key phases in this development, including early Jurimetrics, the knowledge representation era, and the current machine learning revolution. The study highlights how each phase built upon the limitations of its predecessors, driving innovation in legal technology. It examines the transformative impact of AI on legal practice, from predictive justice tools to automated contract analysis, and discusses the emergence of legal tech startups and research centers like Stanford CodeX. The research paper also delves into critical ethical and regulatory challenges, including algorithmic bias, transparency, and accountability in AI-driven legal systems. It analyzes the global regulatory landscape, comparing approaches in the EU, US, and India, and emphasizes the need for balanced governance that fosters innovation while safeguarding fundamental rights. By situating AI in law within a broader historical and socio-technical context, this research provides valuable insights into the complex interplay between technology, law, and society. It concludes by calling for enhanced collaboration between legal professionals, computer scientists, and policymakers to shape a future where AI serves the broader interests of justice and equity in an increasingly algorithmic legal landscape.499 views -
Mob Lynching and Vigilantism: In the New Legal Scenario
LLM student at Government Law College Eranakulam, IndiaPages 2008 - 2013This article discusses the emergence of mob lynching and vigilantism as significant threats to India's rule of law, leading to extrajudicial punishment without due process. These acts are often fuelled by communal tensions, caste-based discrimination, and misinformation propagated through social media. Mostly target vulnerable sections of society. Also violative of the core principles of justice, such as the ‘right to a fair trial’, ‘presumption of innocence’, and the requirement of proof beyond reasonable doubt. Moreover, vigilantes are not judicially trained and are unaware of these basic principles, acting influenced by mob trends. While early provisions under the Indian penal code (IPC) and CrPC only passively address such crimes, there is no specific legislation that directly deals with mob lynching. But in the new criminal law, i.e., Bhartiya Nyaya Sanhita, 2023, addresses the mob lynching through varies sections. Earlier in the Tehseen S. Poonawala v. Union of India case, the Supreme Court commented on the need for preventive measures, fast-track trials, and compensation for victims, and the Supreme Court also condemned state-sponsored vigilantism in the landmark case Nandini Sundar v. State Chhattisgarh. However, several states have enacted anti-lynching laws. This article also discussed international norms and highlighted the need for protecting constitutional rights and ensuring justice that is delivered through legal processes. It argues strengthening the judiciary, reforming law enforcement, and addressing societal causes such as political patronage and social media misinformation are essential for curbing vigilantism. Ultimately, mob lynching is potentially a direct challenge to Indian constitutional values, basic criminal law principles, rule of law constitutionalism, and due process.904 views -
Judicial Officer Retirement Pension and Political Leader Retirement Pension
Student at Hidayatullah National Law University, Raipur, IndiaPages 2014 - 2020The paper critically examines the retirement pension systems for judicial officers and political leaders and has outlined some of the differences between these two systems. Judicial pensions are uniquely tailored to ensure independence and financial security for impartial decisions, whereas political pensions have faced widespread criticism for being overly generous and lacking accountability. This paper discusses the structure, eligibility criteria, and benefits of these pensions and compares their impacts on society and fiscal burdens. It raises ethical questions about fairness and sustainability, emphasizing the increased demand for reforms, particularly in political pensions. International best practices are explored to offer actionable recommendations for fostering transparency and public trust in these systems.448 views -
An Understanding of Surrogacy: A Legal Analysis in Indian Context and Comparative Study with Foreign Nations
Advocate at Bar Council of Delhi, IndiaPages 2021 - 2029Surrogacy has emerged as a significant reproductive option for individuals and couples facing infertility, medical complications, or same-sex couples wishing to start families. This method involves a surrogate mother carrying and giving birth to a child on behalf of intended parents. The process can be classified into two primary types: traditional surrogacy, where the surrogate is biologically related to the child, and gestational surrogacy, where the surrogate carries an embryo created via in vitro fertilization (IVF) and is not genetically linked to the child. The increasing prevalence of surrogacy raises complex ethical, legal, and social implications. Ethical concerns include the potential exploitation of women, particularly in economically disadvantaged contexts, as well as the emotional and psychological impacts on all parties involved. Legal frameworks governing surrogacy vary widely across different jurisdictions, leading to a patchwork of regulations that can complicate parental rights and the status of the surrogate. Moreover, surrogacy poses significant social questions, including the impact on family structures and the commodification of childbirth. Public attitudes toward surrogacy have evolved, influenced by media representations and personal narratives, yet stigma persists in some cultures. This abstract aims to provide a comprehensive overview of surrogacy, examining its processes, implications, and the ongoing debates surrounding it. By addressing these multifaceted issues, we can foster a better understanding of surrogacy as a reproductive option, as well as its potential to both empower and challenge societal norms regarding parenthood and family formation. Ultimately, a nuanced discourse on surrogacy is essential for informed policy-making and ethical practices that prioritize the well-being of all parties involved.536 views -
Biopiracy: How Intellectual Property Falls Short in Protecting Traditional Medicinal Knowledge
Student at Kristu Jayanti College, Bengaluru, Karnataka, IndiaPages 2030 - 2037This article explores the pervasive issue of biopiracy and the inadequacies of existing intellectual property laws in protecting traditional medicinal knowledge. By analysing key cases such as the Turmeric, Neem, and Basmati Rice patent disputes, it highlights how IP frameworks, focused on individual ownership and novelty, fail to recognize the communal and inherited nature of indigenous knowledge. Global agreements, including the TRIPS Agreement and the Convention on Biological Diversity (CBD), have made strides, yet critical gaps persist, allowing corporations to patent and profit from resources that indigenous communities have long preserved. The article emphasizes the need for legal reforms that incorporate prior informed consent and equitable benefit-sharing to prevent the unchecked exploitation of traditional knowledge. It advocates for sui generis protections tailored frameworks that align with the values and structures of indigenous communities aiming to honour cultural heritage while addressing commercial interests. This work calls for a more inclusive IP system that not only safeguards traditional knowledge but ensures rightful recognition and benefits to indigenous communities, preserving their contributions to global health and biodiversity.881 views -
Same-Sex Marriages in Contemporary Society
Student at OP Jindal Global University, IndiaPages 2038 - 2044The right to marriage is universally recognized as a fundamental human right, symbolizing love, commitment, and the pursuit of happiness. However, for marginalized communities, particularly the LGBTQ+ population, this right remains elusive due to entrenched legal and societal barriers. Despite significant legal advancements in LGBTQ+ rights, true equality cannot be achieved until same-sex marriages are fully recognized within India's diverse religious and legal frameworks. This paper explores the religious and legal complexities surrounding same-sex marriages in India, focusing on the challenges posed by personal religious laws. It also examines the potential for the Special Marriage Act (SMA) to provide legal recognition for same-sex couples, while addressing the need for a Uniform Civil Code (UCC) to ensure broader inclusivity and accessibility. The analysis begins by tracing the evolving jurisprudence on LGBTQ+ rights, highlighting landmark cases such as Naz Foundation v. Government of NCT of Delhi (2010), National Legal Services Authority v. Union of India (2014), and Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relations. The study then delves into personal laws governing marriage across religious communities—Hindu, Muslim, and Christian—and their limitations in accommodating same-sex unions. The research emphasizes the Special Marriage Act as a potential legal avenue for same-sex marriages, reinforced by recent judicial rulings. Finally, the paper advocates for the implementation of a UCC as a transformative step toward achieving marriage equality and safeguarding individual rights, transcending religious and cultural boundaries. This research contributes to the ongoing discourse on LGBTQ+ rights and the quest for equal marriage rights in India.840 views -
Courtesans to Prostitutes: The Transition of Saga from Working Women to Fallen Women
Alumni Student at National Forensic Sciences University, IndiaPages 2045 - 2060This article examines the historical perspective of prostitution as a form of labour throughout various societies and time periods. This study examines the historical evolution of prostitution as a form of labor in the context of India. Prostitution, known as "devadasis" in ancient times, has a long and complex history in the Indian subcontinent. Prostitution, defined as the exchange of sexual services for money or goods, has been present in human societies for centuries. By exploring into the historical and cultural context, this paper aims to provide insights into the social, economic, and legal dimensions of prostitution as labor in India throughout different periods and shed light on the complex dynamics and social attitudes surrounding sex work. The study begins by delving into the ancient period, where evidence suggests the existence of sacred prostitution practices. It discusses the role of devadasis, who were temple dancers and courtesans, and analyzes their social status, economic conditions, and the cultural significance of their occupation. In these societies, prostitutes played distinct roles, ranging from religious rituals to fulfilling the sexual needs of the populace. This study analyzes the factors that influenced the acceptance or condemnation of prostitution within these cultural and historical contexts. Moving forward, the article examines the impact of religious and moral beliefs on the perception and treatment of sex workers, and the influence of foreign invasions and the Mughal Empire on the dynamics of prostitution in India. The intertwining of religious doctrines, socio-economic factors, and patriarchal power structures heavily influenced the legal and social treatment of prostitution. This paper explores the dichotomy between the vilification and simultaneous reliance on sex work in these periods. The article further delves into the colonial era, where the British East India Company and subsequent British colonial administration implemented policies to regulate prostitution. It explores the infamous "Contagious Diseases Acts" that targeted women engaged in prostitution and their impact on the lives of sex workers. This article also examines the intersecting dynamics of race, class, and gender, shedding light on the exploitation and marginalization of sex workers in these contexts. The article then addresses the post-independence period in India, examining the legal framework surrounding prostitution. It discusses the Immoral Traffic (Prevention) Act of 1956 and subsequent amendments, which aimed to eradicate prostitution. By examining the historical trajectory of prostitution as labor in India, this paper provides a nuanced understanding of the socio-cultural, economic, and legal aspects associated with sex work. It emphasizes the need for comprehensive policies and interventions that prioritize the rights, dignity, and empowerment of sex workers in India.1,495 views -
Pages 2061 - 2066Anti-ageing science and technology are growing rapidly all around the world. People are interested in extending their youth and lifespan. Anti-ageing science and technology work in two different ways. One is altering internal processes. Another one is modifying external appearance. While pharmaceutical corporations, medical professionals, and scientists working on evidence-based practices, con artists, and non-medical professionals exploit people’s aspiration to extend their youth or lifespan. This is a notable phenomenon for both legal and medical professionals. Recent financial fraud related to anti-ageing technology in India is discussed along with historical glimpses of this kind of issue in drug, technology, and treatment. The article also discusses the Indian population’s interest in anti-ageing technologies and treatments.531 views
-
Property Disputes and Alternative Dispute Resolution (ADR) Mechanisms: Legal Perspectives
Student at Usha Martin University, IndiaPages 2067 - 2081The significance of Alternative Dispute Resolution (ADR) in Indian intellectual property rights (IPR) conflicts is covered in this essay. It draws attention to how IPR concerns are constantly changing and how effective dispute resolution techniques are essential. The study investigates the efficient and speedy use of alternative dispute resolution (ADR), such as mediation, arbitration, and injunctions, to settle intellectual property issues. It highlights the advantages of alternative dispute resolution (ADR) in safeguarding confidential data, saving time and money, and offering focused solutions. The study also looks at the ADR remedies for IP disputes and promotes the incorporation of ADR for effective conflict resolution in the field of intellectual property.575 views -
Pages 2082 - 2095Artificial intelligence (AI)-generated inventions, or those produced entirely or partially by computer systems, are thought to be increasing in frequency as technology develops. In these creations, human intelligence is less evident, but the process of inventing is made simpler because the AI handles the majority of the mental labour. This situation, however, makes it more difficult to determine if the creation has an "inventive step," which is a requirement for patent eligibility that stipulates the innovation must be something that a competent individual would not know about (or difficult for a skilled person to invent). Indeed, a talented individual may not notice a particular AI-generated invention, but someone with access to a comparable AI is likely to see it. This study's main objective is to ascertain if patent laws are appropriate for determining if inventions produced by AI are patentable, specifically in relation to the creative action criterion. In order to achieve this, the study compares the creative phase (or lack of obviousness) requirements in the US, the EU, and Japan.598 views
-
Merger in Banking Sector: An Analysis of Conflicting Regulatory and Competition Issues
Professor at Siksha 'O' Anusandhan University, Bhubaneswar, Odisha, IndiaPages 2096 - 2116The wave of globalization and liberalization during the 1990’s has brought sea in economic reforms across industries, which were associated with idea of restructuring and maintaining financial stability. The banking sector in India has witnessed large scale forced mergers with vision to either achieve scale of economies or promote universal banking. Increased competition in the global market induced banking companies to volunteer for mergers as a strategic choice to enter new markets, gain complementary capabilities etc. which demanded regulatory laws and policy governance to intervene so as to tackle unfair completion and abusive practices. With the establishment of the Competition Commission in 2002, debates over exemptions from its scrutiny were raised amidst existing norms of the Reserve Bank of India in granting approvals. In the light of series of proposed Banking Regulation (Amendment) Bills, as well as recent deliberations over Competition Amendment Bill, 2023 it thus, became imperative to study the paraphernalia of existing regulatory regime with judicial mandate to critically analyze the key areas of turf between the economic regulator and the commission in assessing combinations and mergers. Doctrinal approach of investigation was adopted with secondary resources of data and literature. The analysis suggested that, procedural intricacies involved in regulation of mergers and combinations need to be uniformly aligned under a single code balancing distinct responsibilities of both the regulators.685 views -
Algo-based Trading in the Indian Markets: Analysing in Context of SEBI Regulations
Professor at SVKM's NMIMS School of Law, Navi Mumbai, IndiaPages 2117 - 2128Algorithmic trading has become a major part of the trading system in the stock market in India. With the help of technology, the system is growing and getting developed. The advanced versions of the algorithmic system are High-Frequency Trading and CO-Location trading facilities. There have been guidelines issued by SEBI proving direction to the brokers and stock exchanges for operating algorithmic trading. The problem in this area is as to its proper implementation of the regulations. The evidence of the failure of proper implementation of the regulation can be found in the co-location scam. SEBI is taking initiatives to eliminate those problems.726 views -
Understanding Consent: Legal Interpretations and Social Implications
Student at ICFAI Law School, Hyderabad, IndiaPages 2129 - 2136The word “consent” is the major wordplay. This word plays a crucial role in any encounter. Be it a Contract, agreement, or Sexual encounter, etc. Consent is the foundation of any intimate relationship, understanding and trust. It is not necessary that consent is only important for relationships between the couples but when a person be it whether a woman or man if says ‘yes’ or ‘no’ the other person should be mindful and capable enough to understand why the person has said yes or no. Generally, when a couple is in a relationship, both partners give their mutual consent without any coercion at the time of coitus, or sexual intimacy. In a way, they are putting that trust in their partners, showing that they have faith in them and the comfort that they can be intimate with each other without any fear and enjoy that too.627 views -
An Analysis the Impact of Corruption with respect to the Working of the Company from the Outlook of Indian Legal Framework
LL.M. student at SRM School of Law, IndiaPages 2137 - 2144Corruption refers to wrongful act or criminal offences committed by individuals’ organization in positions of authority to abuse power of person gain. Corruption affects markets and promotes unfair competition. Companies frequently pay bribes or manipulate bidding to secure public/private procurement contracts. Private firms wield enormous power in many public areas. So it's clear how corruption in private-sector enterprises undermines taxpayers' interests, helps consumers, and effectively paralyzes the entire system.482 views -
The UAE’s 2024 Labor Law Amendments: Modernizing Employment Management and their Global Impact
Advocate at Bar Council of Maharashtra & Goa and LLM Student at MNLU Mumbai, Pune, IndiaPages 2145 - 2160This research article examines the comprehensive amendments to the UAE labor laws introduced in 2024, building on the foundational reforms of Federal Decree-Law No. 33 of 2021. These changes were driven by the need for a modern, flexible labor framework that aligns with global standards and responds to the evolving post-pandemic workplace. Key reforms include the transition to fixed-term contracts, the introduction of remote and flexible work models, and expanded leave entitlements such as enhanced maternity and parental leave. Additionally, the amendments strengthen anti-discrimination protections and introduce equal pay for equal work, promoting workplace equality and diversity. The article also delves into significant updates on working hours, overtime, termination rules, redundancy protections, and end-of-service gratuity calculations. Furthermore, it explores the influence of Sharia principles on labor relations, the adoption of these amendments in free zones, and enhanced legal protections for international workers. By analyzing these reforms in the context of both domestic and international labor standards, the article highlights the UAE's commitment to fostering an inclusive, equitable, and competitive labor market that benefits both employers and employees.1,083 views -
Pages 2161 - 2178To better understand how AI is impacting nationwide security development in India, this overview looks at how it affects security mechanisms, cybersecurity, and information chain structures. Using AI, India hopes to drive efficiencies higher, increased risk perception and talent selection. The aim of this project is to explore various applications of artificial intelligence and to see how they can enhance accidental feedback and monitoring. Strategic defence planning, tactical analysis, intervention systems and predictive innovations are some of these applications. Apart from those compelling scenarios, the paper lists the technical limitations, ethical challenges, security vulnerabilities and criminal problems that arise when using AI. A well-known difference between China and The Indian AI regulatory network shows significant differences in terms of funding, ethical concerns and implementation methodologies. When the U.S. using decentralized methods that strictly monitor ethics, China has military-civilian links and has invested heavily in its AI infrastructure. In research, India uses AI to preserve public trust and morale standards up. It is important to have emphasized strong criminal and legal frameworks are needed to ensure the accountability, transparency and ethical use of AI in national security. Understanding these problems and solving them with AI can help India grow beyond its nationwide defence strategy.766 views
-
Silent Shadows of Justice: Unveiling the Enigma of in Absentia Proceedings in the International Crimes Tribunal of Bangladesh
Student at Symbiosis Law School, Pune, IndiaPages 2179 - 2188This research paper examines the practice of holding trials in absentia in the International Crimes Tribunal of Bangladesh (ICT BD) in light of international standards of criminal law. Although the audi alteram partem principle supports the defendant's right to be present in legal procedures, Section 10A of the International Crimes (Tribunal) Act, 1973 amended in 2012, permits trials to be conducted in the defendant's absence by the ICT BD. The article assesses how well ICT BD follows global standards and discusses court rulings that have shaped its current position. Through examining qualitative and quantitative data, the research reveals notable deficiencies in the tribunal's procedures and proposes suggestions for improving fair trial rights, to ensure closer alignment with recognized international norms for the ICT BD.605 views -
The women’s rights are a critical a part of the general human rights agenda, skilled on the identical dignity and potential to live in freedom all must revel in. Reproductive rights relaxation on the recognition of the fundamental right of all couples and individuals to determine freely and responsibly the number, spacing and timing in their kids and to have records to achieve this, and right to attain the highest well known of sexual and reproductive fitness. They also include the right of all to make decisions regarding replica freed from discrimination, coercion and violence. The reproductive rights are the such critical rights which includes a spectrum of civil, political, economic, and social rights, from the rights to fitness and lifestyles, to the rights to e rights to equality and non-discrimination, privateness, information, and to be unfastened from torture or unwell-treatment. States’ duties to guarantee these rights require that girls and women not most effective have get entry to complete reproductive health data and services however also that they experience effective reproductive fitness effects along with decrease prices of risky abortion and maternal mortality and the opportunity to make absolutely knowledgeable selections—free from violence, discrimination, and coercion—about their sexuality and duplicate. Violations of reproductive rights disproportionately harm ladies because of their capability to emerge as pregnant and felony safety of these rights as human rights is essential to enable gender justice and the equality of women.935 views
-
Evolving Gender Roles from Traditional Norms to Modern Realities: Towards a More Inclusive Approach
Student at the Amity Law School, Amity University, Noida, IndiaPages 2204 - 2213This paper examines the transformation of gender roles from traditional norms to contemporary practices in diverse sociocultural contexts. Historically, gender roles were rigidly defined by binary understandings of masculine and feminine behavior, rooted in patriarchal structures and societal expectations. However, contemporary gender identities reflect a more fluid, multifaceted, and inclusive understanding of human identity, shaped by globalization, feminism, LGBTQ+ movements, and shifts in economic and social structures. This article provides a comprehensive exploration of these transformations, analyzing key theoretical frameworks and case studies to understand the dynamic interplay between historical gender norms and their evolving contemporary manifestations.1,789 views -
Corporate Guarantors and the IBC: Insights from Laxmi Pat Surana v. Union Bank of India & Anr.
Student at SASTRA Deemed University, IndiaPages 2214 - 2219The Supreme Court's ruling in Laxmi Pat Surana v. Union Bank of India & Anr. significantly expands the scope of the Insolvency and Bankruptcy Code, 2016 (IBC), particularly regarding corporate guarantors. This case arose from a financial arrangement between M/s Mahaveer Construction, a proprietary firm, and Union Bank of India, with Surana Metals Limited acting as a corporate guarantor for the loan. After the borrower defaulted, the bank initiated insolvency proceedings against the corporate guarantor under Section 7 of the IBC, raising key questions about the applicability of the IBC to corporate guarantors and the limitation period for filing insolvency applications. The Supreme Court upheld that the IBC encompasses corporate guarantors, ensuring that financial creditors have recourse against guarantors who secure loans for non-corporate entities. The Court also addressed the limitation period, ruling that an acknowledgment of debt by the corporate debtor can reset the limitation period, effectively allowing creditors extended time to initiate insolvency proceedings under Section 18 of the Limitation Act, 1963. This interpretation bolsters creditor rights but raises concerns about potential misuse of debt acknowledgments and may prompt corporate guarantors to adopt a risk-averse stance, potentially impacting credit access for smaller firms. While the judgment reinforces accountability and creditor rights, it also highlights a need for legislative clarity to balance these rights with protections for corporate guarantors. This landmark decision strengthens the insolvency framework but signals a shift toward cautious financial practices and underscores the evolving complexities within the IBC’s application to corporate guarantees.1,292 views -
A Critical Study on Corporate Crime with special reference to Satyam Scam
LLM Student at SRM School of Law, IndiaPages 2220 - 2230Corporate crimes are frequently committed by several companies to increase their profits by illegal means. One such corporate crime is the Satyam scam. Satyam Computer Services Ltd. was an Indian Information Technology based company situated in Hyderabad, Telangana (formerly in Andhra Pradesh) formed by Ramalinga Raju in 1987. During the year 2009 the company made revenue upto $2.1 billion becoming one of the fastest growing market companies generating and having about 9% market share. After 2009 it came to light that Ramalinga Raju had been falsifying the companies’ data. They had altered the number of sales, earning cash level, providing false financial accomplishment. Ramalinga Raju along with his auditors had forged bank statements, faking invoices and had also inflated customer numbers. This showed the lack in Corporate Governance. Corporate Governance is a system through which a company can be directed and controlled. Corporate Governance helps in determining the aim and value of the company. The Board of Directors of a company are responsible for the governance of the company. Their roles in governance of a company is by appointing of directors and auditors of the company. Since there was no proper governance of Satyam Computer Services Ltd it led to the falsification of the companies accounting for many years since 2003, even though it came to light only by the end of 2008. In this paper we will see in detail about the scam, its aftermath, and the ways in which such scams can be prohibited from happening in the future.617 views -
A Brief Overview of Alternative Dispute Resolution Mechanisms in India
LL.M. Student at Deccan Education Society’s, Shri Navamal Firodiya Law College, Pune, IndiaPages 2231 - 2239Alternative Dispute Resolution is a powerful legal mechanism which is adequate to provide alternative process to resolve the disputes without approaching the traditional legal framework. Based on the Law Commission of Malimath Committee, it is a quasi-judicial proceeding which supplements the legal setup but doesn’t supplant, it reduces the stress of court systems with higher pendency of cases. In the complexities of modern life-style, disputants want judgements as quickly as possible. ADR is a flexible, cost-effective and time-saving remedy for resolution of civil, commercial, industrial, insurance and family disputes between parties generally through compromise and has been extended to compoundable criminal issues too. Arbitration, Conciliation, Negotiation, Mediation, Lok Adalat, etc. are the several types of ADR techniques. Sec 89 of CPC provides for judicial settlement of dispute outside the court via arbitration, conciliation, or settlement through Lok Adalat or mediation. If the court finds any elements of settlement in the parties to dispute, it refers the case to appropriate ADR mechanism. The most important principles of ADR techniques are independency, judicial equality, confidentiality, co-operation, impartiality and Natural justice. This research article gives a brief glimpse Alternative Dispute Resolution techniques in India with its points of merit and demerit.866 views -
Voyage of Women in India: A Critical Analysis
Assistant Professor at Chennai Dr. Ambedkar Government Law College, Pudupakkam, IndiaPages 2240 - 2254This Article analyses the status of women in different era in india including Vedic, Post Vedic, Medieval, Modern. The Author has tried to highlight the problems faced by the women folk in these era while detailing the status they had enjoyed. The Author further enumerates how the status of women has changed from one era to another. The Author strives to mark the provisions that are included in the Indian Constitution that are intended to protection the women, safeguard their rights and assist in their empowerment. The Author also analyses the role played by the judiciary in various stages while interpreting the concept of custom, religion and other personal laws that suppress the women and feed on the gender discrimination. Finally, the Author concludes by highlighting how the role of women has been exploited in the current scenario in the disguise of empowerment and the urgent need to address the hidden obstrucles in order to achieve parity along with men.518 views -
Challenges in Criminal Investigations: Public Cooperation, Institutional Barriers, and the Need for Scientific Techniques
Assistant Professor at Bahra College of Law, Patiala, IndiaPages 2255 - 2278This research emphasizes the pronounced obstacles encountered by investigating officers in carrying out efficient inquiries within the criminal justice system. Several elements contribute to the complexity of the investigating process, such as protocol obligations, insufficient public collaboration, and pervasive distrust of the police. The allocation of protocol duties involving political leaders and VIPs sometimes diverts officers from their main responsibilities, therefore diminishing their ability to concentrate on investigations. Moreover, the unwillingness of the people to act as witnesses, along with a widespread lack of confidence in law enforcement due to perceived instances of corruption, obstructs the progress of investigations. The procedure of obtaining custody of the accused for questioning is complex, since judges are reluctant to depend on statements presented during custodial interrogations, which might provide crucial evidence. The presence of political affiliations among offenders poses additional obstacles to investigations, as their influence and power might impede the adherence to justice. Exacerbating the problem of witness intimidation, the absence of sufficient protection sometimes results in witnesses withdrawing their testimony, therefore weakening the prosecution's case. Furthermore, unethical procedures used within the investigative process, such as manipulating evidence, abuse of authority, and the employment of third-degree techniques, further undermine the integrity of investigations. To overcome these difficulties, a more open and systematic approach, using techniques like as narcoanalysis, brain mapping, and polygraph examinations, is recommended to enhance the investigation process. An adoption of evidence-based procedures, along with enhanced legal protections, may contribute to the restoration of public confidence and the establishment of a more efficient and equitable criminal justice system.1,125 views