Volume IV – Issue III: Part 2 / 2021

The present dynamic environment is evolving at a rapid rate with change in technology, industrialisation, urbanisation, population growth and many other factors. But these changes are not only developing but also degrading the environment as with the growth the natural resources are exploited, the natural energy forces are depleted and other types of pollution of water, air, sound, nature takes place. All these changes are in turn degrading the quality of life or human lives. According to article 21 of the Indian Constitution a person has a Right To Live Life In A Healthy Environment but because of these rapid changes this Fundamental Right gets violated. In order to control and put checks and balances on the degradation of the environment and the use of natural resources and energy the judiciary various steps by various legislations and procedures along with establishment of specified judicial bodies such as national Green Tribunal for dealing with the environmental issues. The honourable court had also ruled various landmark judgements in this regard. Through this paper is an attempt is made to highlight and discuss the role judiciary plays in protecting the environment and preserving its sustainability.

A company is governed by its Article of Association. Article of Association is a document governed by the Companies Act, 2013, containing provisions for internal regulation which are to be adhered to by the Shareholders, directors and members of the company. Whereas a Shareholder Agreement is a type of contract bound by the Indian Contract Act, 1872 laying down certain duties, right and obligations of the shareholders. Quite often the provisions of the Article of Association and Shareholder Agreement are conflicting which makes it difficult to decide whether to rely on the Article of Association or the Shareholder Agreement. It was the V.B. Rangaraj v. V.B. Gopalakrishnan and others case that clarified the position in cases of conflict between a company’s Shareholder agreement and Articles of Association concerning limitation on shares transferability.

The concept of corruption has been largely criticised by eminent multidisciplinary personalities across the planet. Many of the developed and developing nations across the world do take extensive efforts to wipe out this evil to develop and progress the state on a pure basis. It must be understood that the term corruption isn't related only to pecuniary malpractices it covers within itself enormous amplitude of issues which may affect any systems effective working. However this paper is restricting only to the legal aspects of corruption in reference to hindrance to welfare. This paper tried to evaluate the concept of Corruption with the help of Kautilya’s Arthashastra. And thus, it is providing the modern application for the same.

Currently, the biotechnology industry relies heavily on data collection, filtration, analysis, and exchange. Biotechnology firms and numerous health agencies around the world maintain massive databases. Drug processing, chemical analysis of various chemicals, sequencing of RNA and DNA, enzyme studies, and other related biological processes need the strong help of computerised tools and applications to gain speed and minimise manual errors. Artificial Intelligence (AI) in biotechnology and related applications is critical for controlling biological processes, increasing drug development, managing supply chains, and managing the industry's data pool. Increased and improved predictability for both structured and unstructured data assists businesses in better managing their activities for increased efficiency and profitability. In terms of the Coronavirus pandemic, the world is currently facing an ongoing health emergency. Countries are on lockdown, economies are crashing, and all expectations are pinned on the biotechnology industry to develop a secure, successful vaccine in the shortest time possible.

Judicial review is a vital provision of our Constitution that acts as a watch guard of our democratic society. The judicial review helps the state to serve the Directive Principles of the State policy, which is ensured to every citizen through the Constitution. When the concept of judicial review was introduced in the Constitution, the feature was accepted as well as criticized by many liberals. As time passed, the idea of judicial review also evolved and helped in keeping a check on the judiciary. This feature gave power to the public to question the judiciary. The only difference is that the usual participation in politics cuts the wings of the judiciary, and is a barrier to their independent working. In India, the stress between the judiciary and the executive isn’t something that has recently come into existence. The objective of our research is to critically examine the dominance of politics and the executive on judicial review. Judicial review is the power of the judiciary to keep a check on the legislative body and its work. According to our constitution, the judiciary is an independent body in which the executive and the legislative should not interfere. However, in recent times, the executive is slowly trying to dominate the feature of the Constitution (judicial review). The paper will analyse the current conflicts in India concerning the dominating nature of the executive. Judicial review is the basic structure of our Constitution that cannot be amended. The political interference in the process of judicial review is diminishing the primary objective of our Constitution. The paper tries to reflect on the above ideas with contesting and supportive arguments and will try to highlight the importance of judicial review in India as well as compare the status of judicial review in the UK and India. The study further providers suggestion as to how the situation can be upgraded and the essence of our Constitution can be preserved.

Roe v. Wade has once again entered into the limelight over speculations about its judgement being overturned or its viability standard tossed out due to a case called Dobbs v. Jackson Women’s Health Organization. In her confirmation hearing, Justice Amy Coney Barrett proclaimed that the landmark decision in Roe v. Wade is not a “super precedent” and hence not making it absolute and by extension, opening up the possibility of it being overturned. Justice Amy Coney Barrett was nominated by then U.S. President Donald Trump within eight days of the death of Ruth Bader Ginsburg – a pioneer of women’s rights and a liberal icon. With her elevation to the Supreme Court, it was speculated that there will be profound consequences for health care and policy. This puts the future of Roe v. Wade, a cornerstone in women’s reproductive rights, in a speculative state. This crisis arises as a Mississippi law banning abortions post fifteen weeks of pregnancy was to go under review by a conservative majority. As of now, there are at least ten states that have such legislation that abortion restrictions may get triggered if Roe v. Wade were to be overturned. In furtherance to this, many people believe that with a new case viz. Dobbs v. Jackson’s Women’s Health Organization being listed for hearing in the SCOTUS, the Court might try to utilise the case as a catalyst to significantly weaken, if not eliminate, the constitutional constraints on the state governments’ ability to restrict the access to medical termination of pregnancy. This paper analyses the historic case of Roe v. Wade, from the life story of Norma McCorvey (a.k.a. Jane Roe) to the important legal arguments and interpretations of Amendments that strengthened the right of privacy and invariably led to the reasonable regulation of abortion.

The punishment of the death which is interchangeably called as a capital punishment has been there in the human society for ages now. In the earlier or even medieval times most kings and monarchies had the tradition of death penalty as a capital punishment. In a lot of these cases the king would himself escort, flag or even drop the sword in order to embark justice. The times changed and the methods somewhat started to differ but the concept of this still remained potent. There are few questions that have been raised over the time on the application of the death penalty. But no society has ever sought the clear definition so as to clearly draw lines where the reasoning of the death punishment or the capital punishment was robust enough. In most of the regimes the criminal act and intentions was definitive of whether the jury would pass an execution sentence or not. In other regimes it was not only the sole duty of the jury to pass such a sentence, other stakeholders empowered by law could actually pass such a thing. One example of such process would be the Islamic law. In the Islamic law it is provisioned that the punishment of the act such as murder would not be passed by the jury or even a judge. The Islamic law demotivates and tries to control the death penalty but in the case of murder or any grave crime, the family of the victim would have onus to pass a death sentence. This is looked as a compensation for their loss. In the research the aim would be to understand, critically analyse and explain the dynamics of the death penalty for heinous crimes. It would be imperative to look at the moral, the utilitarian and the critical view of the same. During research it would be useful to further understand the history of death penalty across the globe and look at the current frameworks and provisions in death penalties. Another important aspect to look at the research would be to understand the definition and critical grounds for the heinous acts. Then some landmark cases would be looked upon in the Indian contexts and the critical analysis of the utilitarian use of all will be done accordingly.

The paper deals with the environmental issues that have been seen during the times of Corona. The main contributor to the depletion of environment because of corona virus is PPE kits used by doctors and health care workers for their protection from the virus. The issue of PPE kits pollution has not gained a momentum of limelight because people have not given it a shot about thinking on this issue and which is evident from the attitude of people with respect to masks which they throw on the streets and lakes after their use, thus people need to be made aware about this problem. The paper will also show how the authorities and hospitals are facing problem due to increased work load which leads to a situation where they cannot handle the waste properly which leads to mismanagement and thus improper disposal of PPE kits. Various disposal and recycling methods are also shown in the research paper along with case studies.

Steve Jobs (Apple Chief), had a vision to add the alphabet “I” before all the words in the dictionary. This was taken as passing remark to market his product. But, in 30 years IT world innovated two great products which brought the whole world very near to Steve Jobs vision. These two innovations are Big data and IOT. They have created such a great buzz in the virtual as well in real world. Big data is a concept which is both a gain and a boon to the society as it made the analysis meaningful and helped in taking inform decision. The only hurdle big data was facing of proprietor systems due to hurdles in flow of data. This challenge was solved by IOT as this enabled seamless flow of data. Till the time the companies / organizations are using the required amount of data and provide adequate combos and offers the Big data analysis is a gain to us but the moment these organizations / companies collects all sort of data (not required) like recording all conversations, taping of text messages etc it becomes a challenge for the law makers. With digitalization IOT took place which is creating more issues in case of Big data collection. An IOT provides all gain and pleasure to a person but with the help of small sensors installed in it they captures / collects / records all the data going around it. Till the time the data analysis was performed there was no issues but the moment data analytics took place it created a privacy and security issues. The particular research paper will talk how Big Data and IOT are creating legal challenges with upcoming digitalization.

This paper discusses the need of plea bargaining being practically implemented in our Indian legal system. This paper also discusses the various recommendations given by the law commission report and discusses the data of the National Crime Bureau to give a status on the undertrial prisoners and therefore the need of such a provision. Various suggestions to the existing to provisions are also given which would lead to effective use of such a provision.

“Equality of opportunity is the essence of social justice” Our Nation entered into 74th year of Independence. It will be appropriate to analyse the long journey of democracy and the heart of democracy is the “Social Justice”. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. After 73 years of democratic reign the hard fact is that the concept of Social Justice which is the dream of the makers of the constitution doesn’t come into the expected reality. The discrimination in education and its progress is the one such example. In this context this paper analyse the NEET exam which is an impediment to social justice in the education and also in the public health. National Eligibility cum Entrance Test (NEET) is a common all-India Entrance Examination introduced for medical admission in India by the claim of uniformity and merit, which is biased and favours the particular sect of students and elite group who can spend exorbitant money to special coaching which is distant to students from deprived communities. Tamil Nadu through decades of struggle established the Social Justice especially in Education. This exam will reverse these aspects and thwarts the progress of socially and economically backward class of people. This paper attempts to analyses the immediate need to repeal this exam which is a social apartheid which tries to eliminate deprived class from medical education and will be a threat to public health.

Competition is the creator to accomplishment. At the point when markets crumple down there is maintainability, profits, effectiveness, advancement and sustaining benefits to the economy. The Competition Act is one such ratification which aims to get rid of anticompetitive practices through prevention of anti-competitive agreements and abuse of predominance circumstances in marketplace. This paper means to consider the structural aspects of the Competition Act by discussing primary perceptions in an exact way. Making consumer aware in the field of Competition Law is an utter necessity since most of the time consumers don't know about the impacts of such practices and neglect to understand the monopoly of market. Inside this time of evolution, competition law and policy in India has seen an active interpretational exercise.

This article discusses a major issue that most corporations and their personnel face: whistle blowing. The objective of this research is to shed some light on whistle blowing, which has received little attention in recent years. In recent years, little has been done to encourage staff to blow the whistle and adopt a positive stance. Despite the fact that this approach has been introduced, it has received little attention. The whistle blowing policy, as well as many legislation related to it, are the focus of this study. It also analyzes the two major landmark instances that prompted India to implement a whistleblower policy. This study also discusses many statutes and legislation related to whistle blowing. The purpose of this article is to raise awareness and promote whistle blowing policies so that firms may implement them and a consistent work environment can be maintained, as well as a sense of freedom for employees to provide feedback and take strong stands against any wrongdoings.

Amid the raging second wave of the COVID-19 pandemic in India, migrant workers may once again find themselves being forced out of urban cities in India. With job loss and pay cuts, because of the economic crisis from the resurgence of more fatal variants of the Corona virus, the focus is again on tenants, who may never be able to pay their monthly rentals. Even though the government agencies and global thinking tanks continue to maintain that the economic impact of the COVID-19 second wave, would not be as adverse as seen during the first wave when millions of workers lost their incomes following a strict nationwide lockdown, numbers present a bleak picture. . The corona pandemic is an unexpected and unfortunate event to be noted, as tenants facing the lockdown which puts the situation much more worse and the rent condition is in the line where people can't even provide themselves with necessities. The clause Force majeure provides temporary reprieve to a party from performing its obligations under a contract. However, most tenancy agreements don’t have the provision of ‘force majeure’ and can never invoke the doctrine of frustration and so unless announcements are backed by ordinances, the uncertainty of its enforceability remains. Mere existence of a 'Force Majeure' clause does not secure the waiver for a tenant or lessee.

There are several debates about whether a person suffering from postpartum depression can be regarded as legally insane. The physical adjustments occurring in a woman cannot explain the killing of the child. Several issues ought to be answered. Why is a child only target to their disease and why it always seems that the killing was a reaction to the burden of motherhood? I am not suggesting that all the mothers are sane. The facts and conditions in each situation were different. The argument must be carefully inspected and must go to a rigorous examination to apply for the defense of insanity. An offender must be accountable for his actions. We can also show that the women who has performed infanticide has tried to destroy more than one of her infants. We must not take any risks, there is no assurance that a mother who has killed a boy would not kill the other one. This paper is an attempt towards analysing the same.

Judicial Review is the power vested in the court of law to review the actions of the Legislature, the Executive and the Judiciary. This power is based on ‘Limited Government’ and ‘Supremacy of the constitution wherein the ordinary law should confirm to it.’ The Concept of Judicial Review was developed by Lord Coke in England. This concept was later recognised by various countries around the world including India and USA. In USA, even though there is no express provision for Judicial Review this power can be interpreted to vest in the U.S. Supreme court by virtue of Art III and Art IV. The power of Judicial review exists in India as well. Under the Indian Constitution, the Supreme Court (under Article 32) and the High Courts( under Article 226 & Article 227) are vested with this power. This paper undertakes the Comparative analysis of Judicial Review operating in USA and India. The Author also describes the origin and source of Judicial Review operating in the two countries. This paper offers a comprehensive picture of the similarities and difference between the two States. The Author has undertaken the analysis on five parameters namely Judicial Review of Legislative Actions, Judicial Review of Executive or Administrative Actions , Judicial Review of Judicial Actions, Judicial Review of constitutional Amendments and Limitations on the Power of Judicial Review. The Comparative analysis of the countries indicates various similarities and difference existing due to different systems of government. The author has come to the conclusion that the scope of judicial review is wider in the USA as compared to India.

This research paper is solely based on the analysis of Sahara India, Kingfisher Airlines and PNB-Nirav Modi case. “Corruption in civilized society is disease like cancer which is not detected in time is sure to spread its malignance among the polity of the country leading to disastrous consequences”. Corruption is exact opposite to democracy as well as social order. The detection of corruption and fraud has become a huge problem. This phenomenon is not limited to a particular area, city, or country. It is all over the world. The word fraud is defined under Section 17 of the Indian Contract Act, 1872 and Forgery is stated under Section 163 of the Indian Penal Code, 1860.The purpose of this study is get rid from fraud and corruption committed by the criminals, outsiders -customers and employees of the banks and financial institutions and other Central, state and local bodies, private and public sectors.” “The reason behind fraud in India has been unknown. Similar fraud keeps happening year after year where sum of money lump are involved. The financially weak sector of our country suffers the most. This paper highlights the major accounting frauds over the past years and provides the analysis and the cause for such fraudulent activities.”

The last three decades have been characterised by not only an unprecedented development in digital technology leading to revolution in information processing but also for an unpredictable march of information technology (I.T.) related applications for an ordinary people. Facilities like internet and internet of things (IoT), especially smart-phones have brought almost all public information on the finger-tip of a common man. Technological advancements are transforming every industry at fast pace. As a part of the larger economy, insurance sector is not immune from the influence those changes. The technological advancements will have widespread impact across different aspects of insurance practice including sales, underwriting, claim settlement, dispute resolution and customer service. Digitalisation has opened new doors of opportunities for the insurance sector and has provided a breakthrough to deal with major challenges which the sector has been facing for a long time. The digitalisation has influenced almost all the areas of operation of insurance business including employees, customers and business partners all over the globe. A relatively weak product distribution channel kept the level of insurance penetration at a very low level in India and the customers of small cities and rural India hitherto remained untapped. Distribution channels remained confined to agents only and were not cost effective. The boom of digital infrastructure and increase of mobile connectivity in rural areas along with internet facility have offered an opportunity to reach out to this untapped segment of population as well as spreading awareness about the insurance. New channels of distribution and the self-service facility will surely drive product operation. The article tries to highlight some areas of operation affected by information technology in the Indian insurance industry.

In a middle-income resource-constrained country like India, which is home to approximately 1.4 billion people, the Covid-19 pandemic had varied impacts on various people. The people who were the worst hit were the rural unprivileged poor, and the semi-urban. The second wave of the pandemic hit the country and its people in and around February when people started to behave as if the pandemic was already dealt with. In this article, the authors have discussed the various aftermaths of the negligence and irresponsibility showcased by both the public and the Government. The most important and relevant factor contributing to a rising second wave was the low supply of vaccines and people adamant about not taking the vaccine due to the spread of harmful and irrelevant news. The authors discuss issues that cropped up due to low intake of vaccines in the initial stages while also casting light upon other relevant concerns like low vaccine supply, the Government’s failure to come up with a strong strategy for vaccine distributions, and the politics that led to increased prices of the vaccine, the unavailability of medical resources in the country, and the black marketing of available resources. As a result, these problems further exposed the plight of the poor and showed the widening gap between the rich and the poor, giving rise to discrimination. The authors have additionally also discussed various solutions highlighting the need for transparency of policies of Government, the necessity of clear communication between the Government and public, the importance of vaccination, the regulation of prices of medical resources during tough times, and other lucrative ideas that may help in better resource management and allocation thus helping to overcome the pandemic.

Purpose: The purpose of the paper is to study the effect of organizational impact of coronavirus in the workplace Research Implication: This paper provides a preliminary understanding of the concept of working from home with the reference to coronavirus pandemic. Findings: The change in living style after the disruption caused by coronavirus has become a new normal. Internet and the use of technology has become an integrated part of many in this crisis. Businesses and Organizations were forced to work from home but it had its own merits and demerits. Productivity of employees have been increased. Not travelling to workplace is time saving which can be invested on work or personal life. Cyberattacks has become rampant during the pandemic and employees must be educated to protect themselves. Originality/Value: The paper brings clarity over the concept of work from home, it benefits and well as challenges related to it in a comprehensive way. It also brings light to some suggestion which can be used to overcome them.

Medical negligence has nowadays become one of the serious issues in India. Our experience tells us that medical profession is one of the noblest professions. Patients usually see the doctors as God as it is them who are going to treat their illness, health issues and in the end they will be cured and healed by them and we at least expect them to be careful while discharging their duties toward their patients. Courts, particularly the Indian Supreme Court, have often tilted the balance in favour of the patient and his family. This may have serious impact on the morale of the medical profession, as well as the quality of healthcare, provided to the citizen. The paper seeks to analyse the liability of medical professionals, and practice on medical negligence in India, by studying the judicial pronouncements by the courts of record. However, with time, we can see the emergence of medical liability under various aspects of law like under the Consumer Protection law. Judiciary treated it more of a civil wrong than a crime with a reluctance to implicate physicians with any reckless behaviour or for deviation from the normal practice standards because of an underlying presumption that a sensible practitioner on good faith intends to extend best possible care and intends to cure. The evolution of common law on professional negligence dates back to the landmark case of Donoghue v. Stevenson. Medical negligence is a subset of professional negligence, requiring an additional perspective through the Bolam’s test which was accepted and reiterated in the landmark judgment of Jacob Mathew v. State of Punjab and as put by Bingham L.J. could mean that, “professional man should command the corpus of knowledge which forms part of the professional equipment of the ordinary member of his profession. He should not lag behind other ordinary assiduous and intelligent members of his profession in knowledge of new advances, discoveries and developments in his field. The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with. Judicial forums have also signalled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist. Study of decided cases of medical negligence can provide an insight into the reasons for medical negligence cases, factors mainly responsible for medical negligence and impact of doctor-patient relationship, etc. This paper extensively deals with the basic aspect of medical negligence and as well reiterates the remedies provided under Indian law for the same.

The ever progressing golden chariot of human civilization seems to have halted due to the vehemence of COVID-19 pandemic and left an unprecedented profound impact on every sphere of life. To battle the nemesis vaccination has been the only effective weapon to save numerous lives at stake. The most vulnerable and endangered section of society being the persons with all sorts of disabilities and suffering from mental illness are at the highest risk for which immediate and poetized vaccination is necessary to bolster the health security of the country. The Indian vaccination policy miserably fails to address the situation by not bringing such vulnerable class of people within the priority zone. The inadequacy of national inoculation drive is not only faulty but proving to be disastrous as there is no special treatment for such disabled and suffering from mental illness those who need more attention in such crucial juncture. The State policies lack specific arrangements like door-to-door and mobile vaccination, prioritized vaccination irrespective of disability classification, specifically a scientific, comprehensive Guideline or Standard Operating Procedure. Barrier-free accessibility, exclusive arrangements for disabled vaccination remained a distant dream due to sheer failure of the State factors. Such feeble vaccination policy not only failed to meet the global standard and requirement but also neglected to uphold the statutory rights in light of the international law regime. Indian Judiciary while recognizing the rights and protections of disabled and mental ill people has interfered with greater sensitivity and brought the vaccination policy under the scanner of judicial activism. The Constitutional guarantee of equality and right to life and liberty ensuring meaningful human life over mere animal existence demands affirmative State action to protect those who are in utmost need not out of compassion but as a bounden duty for them being integral part of the nation.

There exists the fundamental principle of criminal law “Innocent until not proven guilty”, presumption of innocence, yet there is an image that is created in the minds of people that a victim is “a victim” and the accused is “Guilty”, what if the accused is “the victim”, victim of false accusation? A person being accused can be described as “a person or people who may be guilty of a crime and who are being judged in a court of law.” A false accusation of the offence of rape occurs more often than most people would expect. When the reasons are traced, they are mostly intentional, or based on situational factors, innocence, or otherwise erroneous based on wrong testimonies. Many argue b a lot about the severe consequences of false accusations on the victim. But unfortunately, there is a dearth of good research on the consequences of false accusations of Rape. In order to address the lacuna, the current study focuses on the reasons and consequences of false accusation, psychological impact on the victim which includes societal remarks or stigma, personal and professional life, economic loss, impact on family, the gross violation of fundamental rights guaranteed by the constitution of India under Article 21 and Article 14 of the alleged perpetrator or the victim following the false accusation. An explorative study was conducted, visited various cases and statistics--the recent where a man acquitted after 20 years following false rape charges, cases of rise in false rape cases in Kerala and in various states of India. The rise in the women empowerment which is not bad at all following the long history of dominant patriarchal society but there is also a rise in the false charges which can harm society's fabric and a gross miscarriage of justice, abuse of law for different purposes, which needs to be addressed and regulated.

Various petroleum producing states have enacted laws to regulate its offshore industry. This is due to the fact that petroleum operations especially the upstream sector is fraught with risks of marine pollution although the industry is highly lucrative. An adoption of regulations is therefore dependent on some principles with the view of protecting the marine environment from pollution. This paper seeks to analyse the various approaches to environmental regulation, bringing out their strengths and shortfalls and to ascertain whether any one of the approaches is the most effective.

This article is in order to discuss the freedom of media in India, with relevance to case laws that have showcased the same. This paper scrutinizes the powers which have been vested to the Press Council of India and private bodies that are self-regulatory in nature while looking into the history of press in India and as well as the history of known journalists in this field. It also takes into consideration the power of social media in the recent past and current scenario in disseminating information to the public. Further, it evaluates the reliability of free flow of information and authenticity of a news item in the existing proliferation of news media. This paper aims to assess the necessity for standards to resolve every issue pertaining to the regulation of news media, particularly the part of self-regulation, and provides some insights towards developing these protocols. Moreover, it looks through the need to have a better system for redressal of complaints from the public. In brief, this paper seeks to verify the effectiveness of the present self-regulation by the media and also the control of the government over the same. Competition in the market has led the media to be a lot more focused on gaining popularity than giving correct news keeping in mind the public interest. The author is also opined that complete control of the media to the government, and also completely self-regulatory system of the media can be harmful in the dissemination of information.

Juvenile Delinquency alludes to the solitary or crime of the youngster (beneath 16 years old for young men and 18 years for young ladies) which disregards the law. In an obvious setting, that equivalent movement would have been delinquency if it was submitted by the grown-up. I have selected this topic because it is much of controversy. In my research, I will discuss the evolution of the concept of Juvenile Delinquency, what influences a juvenile to commit delinquency, and how we can treat them. And The Juvenile Justice Act, 2000 and Juvenile Justice (Care and Protection of Children) Act, 2015.

In a democratic government, the elected representatives of the government represent the people's will and have a crucial role to play. In India, the elected representatives of Parliament represent the sovereign and have responsibilities such as passing legislation, administering laws, etc. With such responsibilities for government representatives kept in mind, the forefathers envisioned eligibility criteria that had to be met by those candidates intending to run for political office. When compared to other developed countries, however, India lags in several areas concerning political eligibility. Such areas include a lack of educational qualifications and corruption, preventing the Indian political system from working efficiently. This is in contrast to developed democracies which can maintain a strict eligibility standard for those wishing to contest for office. This paper will expand upon the need for a political eligibility test for elected representatives in the Indian political framework. It will focus on understanding the current political eligibility standards present in the country and its shortcomings. The paper will compare the political eligibility standards of the Commonwealth of Australia with that of India to see where India stands and where it might improve. Following this, the paper's authors seek to provide a viable and efficient political eligibility test that may be adopted to address the current problems faced.

The retrospective rule-making approach has few supporters and, in inverse proportion, those who may grouch. Guards of retrospective laws by and large do so on the premise that they are essential evil invoked in particular or constrained circumstances, such as closing tax escape clauses, dealing with terrorists, or indicting fallen dictators. Be that as it may, the reality of retrospective rule-making is far more pervasive than this, and its purposes range from 'corrective' enactment to 'interpretive legislation' to legal decision-making. Legislators seemingly and arguably invoke retrospective legislation in economic laws like inter alia taxation etc. Assesses, predominantly corporate and high wealth network individuals, often curate schemes and formulas to avoid taxations and per contra. The government ought to make the law to allay any indiscernible debilitating loops. However, there is competing interest, and the government often has to introduce retrospective tax legislation as a prophylactic measure. In common parlance, people excoriate and questions the propriety of retrospective Taxation To derive necessary conclusions, we shall scrutinize retrospective taxation in the backdrop of constitutional spirit and rationality. Paper shall elucidate the facets of retrospective taxation and discernible ramifications. Paper shall take into account the ethical propriety and the constitutionality of retrospective laws in various jurisdictions. Paper shall also briefly allusion some of instances of retrospective taxation along with their justificatory accounts.

This Paper talks about the juvenile crimes existing in India. It says the law established by the legislation to control the rate of criminal activities is not up to that extent and needs to be controlled. Juvenile delinquency is a serious offence which have recently increased and brought up as a major threat in the society. In our country it is a social order to protect our children form such harmful acts against juvenile crimes. There is an increasing trend in juvenile crimes world over, with involvement of more and more youth in violent and harmful crimes. Our country also shows similar trends of increasing rate of violent crimes committed by the juveniles. It is a serious concern for the nation as the problem needs to be sought carefully. Solution to such problems has to be framed to put an endor at least attempt to reduce the number of crimes. Our Indian legal system including the judiciary has responded to such trends and has brought few amendments in the laws pertaining to the juvenile justice in our country. This paper also aims at looking at the causes and reasons of juvenile delinquency and the explanations given by the jurists and scholars from different fields to explain and interpret the problem. The analysis of statistical data which is available at official sites depicts and indicates increasing involvement of the juveniles in heinous crimes. In order to restore and contain the problem of juvenile delinquency in India, the act relating to Juvenile Delinquency has been amended and recently trial of juveniles involved in heinous crimes are being held as adults.

India practices constitutional democracy with emphasis on constitutionalism. The judiciary protects the Constitution and the rights of the citizens from arbitrary actions of the legislature and Executive for which the judiciary has assumed the onerous role of a watchdog of the Constitution. This paper discusses in detail about the origin and evolution of Judicial Review, and the process of judicial review followed in Germany and Bangladesh and further discusses about the features, types, criticisms and justification of judicial review in India by way of examining various landmark cases and recent decisions pronounced by the Hon’ble Supreme Court and High Court’s. The paper also discusses about the Judicial Activism in Indian perspective. Some believe that judicial activism is necessary for the protection of public interest, others are of the opinion that as a judicial function, courts are required to interpret law and not make them. To observe whether the Supreme Court in such cases has ‘expanded’ its judicial functions beyond its mandate, thus blurring the concept of separation of powers enshrined in the Indian Constitution. To check upon the need for Judicial Restraint. The paper contends that judicial activism has done positive justice but judiciary has to take care of sanctity of the Constitution. For this purpose, various constitutional provisions and judicial decisions are examined.

The pervasive and ubiquitous nature of social media in our lives has compelled us to rethink the way in which we communicate. This research paper uses the concepts of Kaplan et al to define what social media exactly means and how it can be classified into segments where applications can be grouped together. One of the major benefits of social media communication is social media activism. Schejter, Amit & Tirosh, Noam. (2015) select the framework of social justice, the concept of utilitarianism and its influence on media policy while comparing the theories of John Rawls and Amartya Sen for a new framework for social media. Most businesses have also come to realize and harness the power of social media. Many small businesses have newly sprung up keeping these advantages in the picture as they are aware of its capability in boosting their product advertisements and media presence in influencing millions of users. Another field that has located its footing in leveraging the power of social media is social media activism. The mass appeal of such a platform reaching the most remote corners of the world promptly wins over traditional activism. The information dispersed to the general public can be catapulted to the top of the trending list by applying suitable hashtags or tagging multiple people, including distinguished personalities or making location check-ins. The more people adopt such methods, the more traction the cause gains. Certain hashtags like #MeToo and #BlackLivesMatter have assumed the centre stage in determining the role of social media in voicing opinions of people who find the cause worth fighting for.

Rape is an offence against women, violation her dignity and self-respect and when it occurs within the four walls of matrimonial home, it reduces the women to the status of an object used merely for sexual pleasure. There is an immediate need for the distinct law on marital/ spousal rape in India, should be at per with the accepted international norms on these issues. Rape within marriage is a concept that agonizes the wife to the very bottom. The dread of having to face it and still have to suffer silently through it is an unbearable thought that affects the mental condition of the women. This self enforced silence has a very damaging effect on the emotional, psychological and mental stability of women. However, this silence is not exactly self enforced. The lack of law and abundant social stigma against the act of marital rape is one of the primary reasons that the evil of marital is still hidden behind the hollowed marriage. The women has being given the right to fight for the protection when the violators are outside entities, but the perpetrator of her body integrity is her own husband, who she married with all the pomp and show, such protection is withdraw by the legislation. Both pillars of humanity i.e men and women have equal importance and role in creation and development of the humanity but the women are bound to face several humiliation in the society. Despite various safe guard and protection, available at the global as well as at national level, before birth till last breath, women are discriminated. The offence against women are endless as sexual harassment, dowry death, domestic violence, female genital mutilation and so on. Among other problems ‘marital rape’ is very crucial as it is not recognised, till date, in our Indian legal system as a crime, which need immediate attention of the legislation. Even after 70 years of Independence, the women in our country are still not truly free and independent and continue to live under the realm of darkness and fear. It is indeed a harsh reality of India. In the matter of concern, that while on the hand the country is celebrating some glorious decision in the legal arena from the Hon’ble Supreme Court of India like Adhaar Card case and Tripal Talaq creating new milestone for the Judiciary, on the other hand, to the general disappointment, the central government has given its view against criminalizing marital rape, saying doing so would destabilized the institution of marriage. When marital rape bill was introduced in India to criminalized, it was repudiate by the Parliament, according to some of the Parliamentarians, marriage is a sacred institution and touching it will lead to breakage of marriage. They are view that India should be proud of its culture because “nation has low divorce rate”. statement has been issued against criminalized marital rape with acknowledging the fact that most marriages in India survive because women silently endure violence and abuse within such relationships. The culture of silence, tolerance, adjustment, compromise among women is disseminate to save and respect the honour and value of the Indian family overlooking the facts that incest, violence, suicide, murder is the price women pay. On the other hand, there is men’s group which is lobbying fiercely to highlight the fact that law against domestic violence has been misused by women and therefore should be diluted. They further spread that the enactment of penal law against marital rape will be misused by the women. According to such argument a women, who is no docile, subservient or complaint and complaint about the continues abuse within the conjugal relationship is an anti family warrior breaking the sacred bonds while converting bedroom to a war-field. They ignore the fact that most cases of emotional violence, sexual abuse, physical assault, mental trauma, all takes place within this “sanctified” territory because women are powerless and vulnerable and have been socialized to be tractable, obedient and subservient. It concludes that this needs to be examined in the larger perspective.

Antimicrobials are antibiotics, antivirals, antifungals and anti-parasites, medicines used to prevent and treat infections in plants, animals, and humans. Antimicrobial resistance is when any viruses, fungi, bacteria and parasite no longer reacts to medications, making infections more difficult to manage and raising the risk of disease transmission, serious illness, and death. The World Health Organization has listed antimicrobial resistance as one of the top 10 threats to global health in 2019. Apart from causing being a threat to global health, it also affects the economies of the States as it disrupts the working cycle of patients and their caretakers while also increasing the burden on the healthcare systems. There are multiple reasons behind the spreading and emerging of the antimicrobial resistance and one of them is the extensive use of antimicrobials in agriculture, animal husbandry practices. The sale of anti-microbial drugs in India is regulated under the Drugs and Cosmetics Rules 1945, however animal feed laced with antibiotics are not medicines and do not fall under the purview of these rules and are not regulated by the Central Drugs Standard and Control Organization. The Food Safety and Standard (Contaminants, Toxins and Residues) Regulations, 2011 prescribes the maximum limits on contaminants present in the food sold in the market including antimicrobial drugs, while there are no regulatory mechanisms to check the residue limits in food sold. This paper deals with the problems existing with increased usage of antimicrobial drugs for veterinary purposes and the same translating to affecting public health of humans. The paper concludes with suggestions to address the issue ranging from classification of drugs for veterinary purposes and humans, periodical surveys, enhancing research institutes and creating public awareness.

The House of Lords decision on the Achilleas has sparked much debate, prompting a re-examination of Hadley v Baxendale . Typically, the Hadley v Baxendale rule is expressed in terms of foreseeability or remoteness. The thumb rule as stated in terms of two limbs was further refined by other cases such as Heron II. Before the Achilleas, the Hadley v Baxendale doctrine had been liberalized by widening the scope of foreseeability. However, a lot of subjective interpretations may occur as a result of this case, resulting in uncertainty. The primary point of contention is whether it creates new tests or only assists existing Hadley tests, with the new version as enunciated by Achilleas being used only in specific circumstances. Although we can not equate the presumption of responsibility with knowledge as defined by Section 73 of the Indian Contracts Act, 1972. Furthermore, it does not provide a new criterion for the remoteness of the damage, making it only applicable in restricted circumstances. The Indian position concerning the standard laid in the Achilleas case is not explicitly part of the law of land. The inclination towards the Hadley standard is apparent with help of various cases as discussed in the paper. Nevertheless, the achilleas rule is applied in certain circumstances, which is often the case of subjective interpretation. Given the contract law provisions and illustrations, the codification of the Hadley rule is reflective in the statute. Moreover, despite the lack of a conclusive conclusion, the judgment shows that the Hadley rule is preferred.

The dynamics of the Indian economy have evolved over time to witness participation by a considerably larger number of women in the working sector. With a change in the economic status of women, the impediment of sexual harassment at workplaces has also assumed many facets. Today, sexual harassment is an epidemic which has spread across formal and informal sectors of the economy and it impacts individuals, groups and entire organizations in profound ways. This paper aims to explore how sexual harassment at workplaces is a form of gender inequality that has created a latent barrier, predominantly for females which not only violates their basic human rights but also results in negatively affecting the working-class public spheres, at large. In India, after a few appalling cases came to light, the first ever legislative safeguard against workplace sexual harassment was afforded to women in 2013 when the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted by the Ministry of Women and Child Development. This paper has attempted to not only trace the evolution of this law but also examine its key provisions and implementation so as to determine and understand how far we have come as a society in subsiding the impediment of sexual harassment at workplaces.

This world, throughout the entirety of its complicated history and continuous evolution, has been a witness to numerous social movements, some of which widely revolutionary while some uniquely empowering. The people of the world have been constantly wound up in balancing the inequalities and short-comings of the society. Their efforts and perseverance have managed to shape the landscape a little better and in doing so, have gradually created a more inclusive, considerate and progressive society. Even though the functioning and approaches towards carrying out a movement have faced tweaks and changes, the basic essence of social movements is as relevant today as it had been before. This paper is an attempt towards understanding a social movement in its bare sense, addressing the theories related to these movements and uncovering the changes that these movements have undergone. It also attempts to express the psyche of the people involved in a social movement and the factors which inspire them to fight resolutely in order to realize their objective.

The stigma and the prejudice that is prevalent in our society towards homosexuality, encourages nothing else but homophobic bullying against the lesbian, gay, bisexual, and transgender people. Before the 20th century, anybody would hardly talk about homosexuality, let alone standing up against it. Being a member of the LGBTQ community was considered a taboo because these people are expected to walk on the lines of being ‘normal’, a normal which is created by none other than the petty society judging merely on the basis of who you are attracted to. The problem starts when a child is born and is ‘assigned’ a gender only on the basis of physical characteristics completely ignoring the intersex anatanomy. What the misconception is, is that heterosexuality is the only normal and ‘natural’ orientation that a person should have and it creates a rigid way of being that is considered ‘normal’. Anyone who feels and falls out of this structure is considered deviant. Many people believe that as a part of the society, it is their responsibility to ‘cure’ the illness of homosexuality, also considered as a mental disorder by many. In order to fulfill their moral obligation, they force the gay and lesbian people to undergo medical attempts of changing their sexual orientation through something called CONVERSION THERAPY which includes talkative therapies as well as brutal means. This research paper throws light on various topics including what conversion therapy is, what are the different methods, and the status of conversion therapy in different countries. It also includes latest controversies and judgments relating to conversion therapy in countries like U.K. and India. Further, there are statutes listed and briefly explained that protects the right of the victims who are forced into conversion therapy. Lastly, it talks about measures and techniques that are already prevalent, and that can be taken into consideration to build a non-homophobic society where a person feels free to be their actual self and does not have to undergo any pressure of invisibility or judgment.

The pandemic devastated and wrecked the economy and caged everyone inside the home for long time. Whilst the pharmaceutical companies and drug makers stretch to counter the spread and to nullify the speed of virus through jabs. The science is fighting against the nature or the man-made virus, which is in dilemma, but the fight is severe. Some are calling it as bio war or third world war, some are calling it as the revenge of nature but ultimately the people at large are enduring discomforts, endangering their lives. Wearing masks, washing hands often with sanitizer or handwash and distancing themselves from others has become normalcy. Vaccine is the only hope to survive and to sustain in this world. Wealthier and developed countries are vaccinating their citizens multiple times but in poor and underdeveloped countries, even the basic infrastructure facility is under threat. People are ravaged by the virus and because of costlier treatment and costlier medicines, crashed with medical debt. Imposition of compulsory licensing of the vaccine produced will increase the production through which the entire world population would get vaccinated rather than commercializing the drugs produced. This article revolves around the intellectual property related issues and the need for compulsory licensing of COVID-19 vaccine. The virus does not know about the colour or ethnic, why not the vaccine also. The racism in any form should not be encouraged and that too in human lives is very danger. The researchers concluding with the suggestion to overcome this herculean chore.

The State is a multi-dimensional being that exists and operates in different spheres with different characteristics. In International Law, State is a sovereign which has the power to dictate the Laws by which it would be bound, whereas in Indian Municipal Law or Domestic Law, the Constitution is Suprema Lex and nothing, not even the State is above it. The Constitution of India prescribes and governs the manners in which the Indian State will interact with external stimuli within which includes the existence and functioning of the State as an individual entity that has the capacity to enter into contractual relations with any public, private, or individual entities in the Indian terrain. As in the case of any other entity, a contract entered into by the Indian Government can be enforced against it, provided all the pre-requisites of a valid contract are fulfilled, alongside the public policy element which is an addition to the existing contractual norms when it comes to contractual liability of the Indian Government. This article analyses the Contractual Liability of Indian Government in context of the Constitutional provisions and judgments rendered by the Constitutional Courts of the Country, as well as compares them to different jurisdictions across the globe.

“People recognize intellectual property the same way they recognize real estate. People understand what property is. But it's a new kind of property, and so the understanding uses new control surfaces. It uses a new way of defining the property”. - Michael Nesmith Trade is one of the factors that connect two distant places of the world. No single country can declare unilaterally that it is self-sufficient in all its needs. If India needs technology, the US needs affordable IT human resource that runs their IT engines. Considering these things in mind, India and EU sought to enter into a Free Trade Agreement (FTA), called Broad-Based Bilateral Trade and Investment Agreement (BTIA) since 2007. However, there are certain hurdles in the finalisation of this instrument. Certain provisions of this instrument have been criticised as being TRIPS-plus provisions. The author seeks to study and investigate to what extent such provisions are against interest of India and the relevant provisions of the draft BTIA that are criticised to be TRIPS-plus arrangements.

The wall that stands erect in the path of economic growth and development of India is nothing but corruption it has rose up to such a height that not a single official work is done without bribe. It is like a suppressed truth which everyone ignores but still obeys to resist in hollow system. Corruption has established a unique marketing system in the administration where "Bribe demanded equals Bribe supplied". Once this imaginary market becomes dysfunctional then there will be transparency in the governance. The following paper aims to reveal the basis of corruption which has a huge impact in the current public administrative scenario by throwing light on certain efforts in order to combat corruption. It also aims to discuss what major steps can be taken in the present public administration system for the betterment of the society by contributing to the administration's discipline. There is a special section dedicated for the review of literature on the topic of corruption and how it has eventually become a blot on public administration. It presents an overview of corruption in public sector including its causes, the challenges and implication. It concludes by making some recommendations on how to resolve the scourge of corruption.

The system of dowry is a prevalent practice, most commonly taking place in nations with patrilineal laws. The term ‘dowry’ can refer to any goods, money, or property that a bride brings to her husband and his family as a condition upon marriage. While the subject has always been appealing to me, a recent incident piqued my interest to study about this issue. A woman in my town had been a victim of domestic violence by her husband, due to the non-fulfilment of the decided amount of dowry. While she had been silent for months, it was when she got severely injured and had to be hospitalized, that the issue came forward. When she filed an FIR with the local police, her husband was arrested. This was followed by the woman being harassed by several families, forcing her to withdraw the complaint. What was astonishing to me was the kind of comments that the people were making with regards to this; while some people tried to convince her by stating that him being arrested would get him fired from his job, some other said “these things happen all the time, no need to make this an issue” and “women these days do not know how to compromise”. What was worse is that all of these people, including the victim and the accused, are highly educated people. When under pressure she finally withdrew her complaint, the same people said “She did it only to make a scene. If there was really a problem, why did she stop pursuing the case?”. Witnessing such an incident made me realize how institutionalized the system is, and how cases arising from this are often stigmatized. For the same, I have tried to look into and analyse in this paper, the underlying controversy.

164 WTO members and over 100 of them have agreed to this waiver proposal that was initiated by India and South Africa. The hurricane that came in the form of a virus named COVID-19 in 2020 took away a lot of lives and left a lot of people in denial. Vaccinations came in the form of hope to all the countries only because of the various medical teams and researchers that worked day in and day out to come up with a solution. The agenda of the waiver proposal is to eliminate any form of intellectual property protection on the vaccine to further encourage a metrical production of the vaccination in all the countries irrespective of their economic standards. This initiative even though wasn’t supported in the beginning, but; over a period with every country noticing the need for more vaccinations they decided to step in and show their agreement towards this proposal.

A person who does not himself commit a crime, may however command, urge, encourage, induce, request, or help a third person to bring it about and thereby be guilty of the offence of abetment. The term ‘abet’ in general usage means to assist, advance, aid, conduce, help and promote. In Corpus Juris Secundum, the meaning of the word 'abet' has been given as under: To abet has been defined as meaning to aid; to assist to give aid; to command, to procure, or to counsel, to countenance, to encourage, counsel, induce, or assist, to encourage or to set another on to commit. Death of a person attracts many offences to be determined. In other words death can take place by culpable homicide, murder, suicide or abetment to suicide. Facts and circumstances of case constitute a particular crime. In cases when there is no murder obviously give signals of suicide or abetment of suicide. If a person commits suicide due to reason not known, nobody is liable for that incident but if a person commits suicide due to abetment of somebody, it is a serious matter and a crime punishable to the abettor. In I.P.C. key section 306 deals with abetment to suicide cases.

This paper is about vicarious liability, “or the relationship between a Master and a Servant. A case in which someone is held liable for the acts or omissions of another person is known as vicarious liability. This research paper presents an overview of what vicarious liability actually is and it explains the different essential conditions to establish to hold one liable under vicarious liability. It explains the various terms and the different kinds of relationships. Firstly, the objectives are mentioned and in the latter part there are interpretation and case laws provided to prove the given objectives and the research questions. This paper gives a short and detailed summary of vicarious liability . The entire research is based on secondary data which includes newspapers, blogs, articles, research papers, online websites and various documents from various sources. The introduction part presents an outline about vicarious liability, the interpretation part gives a gist of the three various condition to make one liable through the act of others and finally the case laws are given to elucidate the same and hence follows the conclusion. The term administration refers to the state or government's liability for the torts committed by its servants, which is a complicated issue, especially in developing countries with expanding state activities. The standards of public law derived from British common law, as well as the rules of the constitution, regulate the government's tort liability. Vicarious Liability refers to situations in which one party is held responsible for the actions of another. As a result, in a case of vicarious liability, both the individual and the other are responsible for the actions of the other. In a case of vicarious liability, both the person who orders the act and the person who performs the act are responsible. As a result, employers are held vicariously responsible for the torts incurred by their workers while on the job. The constitution's position on state liability is as follows: Clause (1) of article 300 states that the government of India can sue or be sued in the name of the union of India and the government of the state. Since the administration's liability today is in direct succession to that of the East India company, it is essential to understand the liability criteria of the administration today. East India Company was established as a commercial entity, but it eventually gained sovereignty. The distinction between sovereign and non-sovereign roles is made by political forces.”

Medical Practitioners in India are treated as second life savers after God. The standard of care from doctors and hospital authority thus is expected to be more in juxtaposition with other cases of negligence. So proper care must be taken by the authorities and the doctor’s side to avoid medical negligence. Medical Negligence has been a hot topic of debate especially in recent years. Due to the increasing cognizance of the rights of a patient in modern society, doctors have become more susceptible to being sued by a litigation suit of any kind, civil or criminal. The doctor-patient correspondence rests up on trust and faith. With the life expectancy being amplified by technological revolution and advancement in the medical science, no ailment seems to be inoperable. Nevertheless, apprehensions are their professional competence, acquiescence to therapeutic and laboratory paradigms of MCI on apparatus and facilities, Wrong prescriptions, overdoses and unqualified medical practitioners, improperly equipped and instantized hospitals nevertheless continue to raise distresses amongst the patients and relatives. Given all the justified reasons, often it becomes very difficult to support a claim for all the monetary and non-monetary damages. This article lays out the various aspects of negligence, and the concept of duty of care, degree of care, and standard of care, as considered by the law, and the multicategories of remedies accessible for the aggrieved party.

India is a developing country whose future depends completely upon the children and youth. Involvement of children in terrorist and violent activities may bring serious threat to the safety, security and development of the country. This report discusses the reasons why children are preferred to be recruited in the extremist’s groups, why children themselves get recruited, and various methods of recruiting children that are used by the extremists. The article also provides for some preventive measures that can be useful in combating with the terrorist and violent extremist groups. Safety of the children is must and State should do everything possible to bring children on right path and pave way to their bright future. A child with education, manner and values will make India a developed and prosperous India and therefore for the betterment of the future of the country each child should have these qualities within and the first step in this is to educate children. When children get education, they know the difference between right and wrong and then they cannot get influenced by extremists and get involved in these illicit activities.

In the legal fraternity, deception detection tests (DDT) like narco-analysis, lie detector test, brain mapping, etc. have been one of the most debatable topics. In respect to the admissibility of evidence, rapid spurts in the field of science, law and technology have given rise to new complexities. There is dire need of sophisticated investigation and interrogation techniques. Therefore, various changes have been brought about in the field of investigation due to the major advancements in forensic science. Neuroscience helps in the realization of constitutional values like right against self-incrimination; right to life and personal liberty and right to privacy. In this paper, the author throws light on the concept of neuroscience which is a domain of neurolaw and highlights how this interdisciplinary study affects the scope of jurisprudence. The author also tries to elucidate the developments brought about in forensic science and neuroscience post the Supreme Court’s judgment in Smt. Selvi and Ors v State of Karnataka.

The psychosocial health of children whose parents are incarcerated is a serious concern in India, but it is largely ignored. Despite Supreme Court standards requiring age-appropriate care for children living in jail with their mothers, there is variation in practise, adding to the disadvantages of being a prisoner's child. Children who are left at home due to parental incarceration suffer risks that derive from their pre-existing socioeconomic disadvantages, the child's continuous interaction with the criminal justice system, and society perceptions of them. Child support refers to a parent's obligation to contribute to his or her child's financial well-being. The child support idea is launched when the kid's parents decide to split or divorce. When both parties begin living separately, the child who was born from the marriage or relationship does not suffer as much, and so the parents feel compelled to provide child support.

The research involves a study in the partnership concept as well as the evolving concept of limited liability partnership. It includes a study of a partnership firm and how it is registered or what are the effects of the non- registration of the firm, how is it is dissolved with special reference to the provisions of “THE INDIAN PARTNERSHIP ACT 1932”. The study further Involved the evolving concept of the limited liability partnership firm and the further research regarding the topic which led us to know the origin of the concept, the governing act of this model in India, the rights and duties, what were the application of the concept in the world. The paper also helped in exploring the process of registration of an LLP firm and how it is winded up in India according to the provisions.

Transaction between two or more companies, primarily where the parties have some sort of relationship with one another can be termed as a related party transaction. Contractually, such transaction is in favour of party autonomy but from company law point of view it can raise concerns as the corporate governance standards will not be followed. Companies must adhere to the corporate governance standards which ensures utmost fairness and transparency in the internal proceedings and compliance with the existing laws. Since related party transaction goes against the principle of merit-based transaction, it will most likely result in breach of stakeholders right and common interest of the company. The existing law requires the companies to disclose in its Board report about the related party transaction highlighting its benefit for the company and stakeholders, thereafter it has to be ratified by the shareholders in the company’s Annual General Meeting. But in practise there are several instances of suspicious transaction wherein necessary approval is not obtained and it further leads to poor corporate governance. In India, there has been a rise in such transactions, mostly by the entities which are controlled by a group of family members. There is also high level of risk factor involved in it. For instance, if two companies are managed by two siblings then there is a possibility of selling and buying products below the market price, affecting other people or participants in the market. This article seeks to provide an insight on related party transaction while addressing the impact and risk associated and how it violates the key principles of corporate governance. In the later part of this paper, there would be a case study analysis on the IndiGo crisis.

“Innocent until proven guilty” – according to this statement an accused need to be proven guilty of his offences by proving valid evidences in court of law. The medical evidences play a huge part in proving the guilt of the accused and lead the investigating authorities to the truth. There are experts needed in every field, to study in the field of cases they are specialised in, expert skill or knowledge in a particular field is necessary to prove an evidence valid and the same way experts are needed to prove the evidence and to study facts right in criminal cases also so that medical evidence need to prove right and justified. In Indian judicial system, expert opinion leads to administration of justice. Medical evidence is categorised as evidence of opinion which is relevant under section 45 of Indian Evidence Act, 1872. Some facts are, Injuries, Whether the injuries are Anti – mortem or Post – mortem, the probable weapon used in causing injuries and hurt, the effect and outcome of injuries, consequences of injuries, whether they are sufficient in the ordinary course of nature to cause death of a person, the duration of injuries, the no. of stabs and the probable time of death, cause of death, plea of unsoundness of mind, determination of Age etc. Further, it Has been held by the court of law that “a certification by the doctor is essentially a rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise” in any case of death declaration by victim himself. This paper deals with the explanation of medical evidence and it’s admissibility of medical evidence in Indian court of law.

The planet earth faced one of the most severe health crisis ever recorded in the human history. The novel corona virus hit hard on the human population and engulfed the entire world regardless of any country or community. Though vaccines were being worked upon to control the spread of the virus and are now even being given to the people, but this pandemic left people to introspect on their lifestyle habits. Besides this the poor were more severely and harshly impacted due to this pandemic. During this catastrophic period, in order to seek an inspirational mindset, Mahatma Gandhi is one such personality whose thoughts have always been extremely relevant. He always preached to adopt a path of simple living high thinking which in the contemporary times is somewhere seem to be lost. This paper intends to focus on the thoughts and teachings of Gandhi which are extremely important in the present time and which can act as a guiding light in the post COVID-19 world order. Keeping in view the recent occurrences many of the warnings given by Gandhi have actually proved to be correct. His urge for cooperation and peace helped in dealing with the post COVID-19 scenario and extricated us from this contemporary impasse.

This paper analyses the long awaited and recently enacted legislation called the National Commission for Allied and Healthcare Professions Act, 2021. The need for overhauling, regulation and standardization of allied and healthcare professions has been encountered for several decades, but ‘efforts’ to establish a regulatory body began only in the early 90’s when the bill for Physiotherapists and Occupational Therapists was drafted. The coronavirus pandemic has received invaluable contribution from allied healthcare professionals such as lab technicians and paramedics, and regulating their profession will create employment opportunities not only in India, but in the international markets as well. The World Health Organization (WHO) has estimated that by 2030, there will be a requirement of more than 40 million healthcare professions all over the world and this legislation, by regulating, standardizing and giving recognition to such allied professions and institutions will help them in securing those opportunities thereby increasing access to quality health-education and services.

The UN Charter 1945 formation demands collective methods and institutions with the intend to eliminate use of ‘act of aggression’ both with and without the use of armed forces except in case of self-defense established under Article 51 of the UN Charter, the forcibility of use of self-defense only under circumstances of ‘necessity’ and with appropriate ‘proportionality’. Nevertheless, the exception of self-defense is highly ambiguous under the International Law till date. The detailed analysis of Entebbe incident along with its legal implications is undertaken in this paper. The requisites of use of armed force claiming the defense on ‘humanitarian ground’ and the principle of violation of ‘National Integrity’ are discussed in detail.

The present brief expounds a few facts about the amendment of the constitution in relation to the Article 370 of the Indian Constitution. In the incipient part, the basic considerations mandatory for an amendment are explicated, which is followed by the elucidation about making the Article 370 inoperative and then rescinding of the same. In the later part, the basic information about the formation of states has been discussed and the study has been concluded with an answer to an exasperating question; if this scenario included any abuse of power.

The article talks about the new IT rules [Information Technology (Intermediary Guidelines and Digital Media Ethics Code) rules 2021], notified by the government in February 2021. The rules have been framed in exercise of powers under section 87 of IT Act 2000 and similar provisions which were there before under Information Technology (Intermediary Guidelines) Rules 2011 stand replaced. The article has talked about the two major concepts of ‘Privacy’ and ‘Public Safety’ which are the elements of the controversy brought up by the new IT rules. The author has mentioned the salient features of new IT rules in brief. Further, it talks about the controversy and problems arising from such rules. It also includes the reasons for the need of such rules and government control. The author concluded by specifying few of the observations made by the courts by mentioning some of the earlier cases and giving some suggestions in that regard as well.

The idea that ignorance of the law is no excuse for breaking it is acknowledged by both our and other legal systems. The norm can also be represented as a legal presumption that everyone is aware of the law. Every individual owes it to himself to understand the parts of it that concern him. A doctor, in particular, is definitely considered to know the law and is treated as if he does, because he can and should know it in general. The doctor-patient relationship is built on faith and trust. With the growth of medical research and technological advancements, no sickness appears to be untreatable or unchallengeable. But sometimes a situation may arise where a condition or illness may be outside the reach of the doctor or the medical practitioner may not be able to identify the issue. Negligence or error might be conducted by him and he may be sued for damages or punishment. So, cases of litigations and allegations against doctors are increasing day by day, and a medical man has become increasingly vulnerable to being sued by a lawsuit suit of any sort, civil or criminal, and the increased awareness of a patient's right in today's society is one of the causes. The purpose of this article is to explore many aspects of negligence, such as the definition and types of negligence, as well as the concepts of duty of care and the remedies available to the complainant.

Since the evolution of human beings in the world we have struggled to find our place in it. In this regard, the individuals try to find a place in the domain of comfort, relief and assurance, and in order to achieve that there needs to be a strong economic, political and cultural climate. The criminal law system is no different and it is also continuously striving towards advancement. This paper focuses on deception detection techniques, which are used by the investigating agencies for the extraction of truth in criminal investigation. The most commonly used lie detector tests are polygraph, narcoanalysis and brain mapping which are generally used by investigators all around the world. The modern society as it stands today is complex and witnessing a continuous change and with the changing dynamics of society new criminal activities have grown up and criminals have started using new methods for the fulfillment of their objective. In such a scenario, it’s very difficult for investigating agencies to solve such complex cases by using traditional methods. Therefore, there’s a pressing demand from the investigating agencies to allow the use of such methods of forensic science in extraction of truth and administration of justice. Also, forensic experts from all around the world have recommended the use of such technique to strengthen criminal investigation as such techniques not just help in investigation of already committed crime but it also helps in preventing the future criminal activities. Although, there’s a pressing demand for use of scientific methods in investigation of crime, but at the same time, there is question as to legality or constitutionality of these tests, as it raises various legal, ethical and medical issues regarding the use and implication of such techniques.

It is a very general understanding that “anything is not perfect”, so applies to the Indian Constitution or any Constitution. But, the worst part is that the Central Government to use these loop holes in order to undertake colourable exercises to implement an unconstitutional(broadly) statute like that of the Farm Laws. From the Preamble, through the Fundamental Rights(the golden triangle), DPSPs to all the way violating the principles of Natural Justice these acts have caused the colossal ignorance of knowledge of law and what perverse sense of justice in the general public. From the economic viewpoint also they are discriminatory for the farmers and other affiliated parties. The dominance of Central Government over the State Government and encroachment of the agricultural domain which is broadly a State Subject. In the Research Paper given the very details and interpretation of various provisions of the Constitution and proper litmus test in order to evaluate the constitutionality as well as other related issues with the acts. The epilogue will be able to satisfy the readers that “the Constitution is a settled conspiracy”.

Consumer rights protection is the practice of protecting buyers of goods and services, as well as the general public, from discriminatory business practices. Consumer protection methods are often recognized by law. Such laws are envisioned to preclude businesses from engaging in fraud or specified discriminating rehearses in order to gain an advantage over competitors or to mislead consumers. Consumer protection is related to the concept of consumer rights and the creation of consumer associations, which assist consumers in making better market decisions and pursuing business grievances. In Bangladesh, consumer protection law is described as a body of law that governs private law relationships between individuals and the businesses that sell them goods and services. Consumers in Bangladesh are severely underserved in terms of their rights. As a result, safeguarding consumer rights in Bangladesh is critical, as consumer demands and preferences have shifted as a result of globalization and increased awareness. This study looks at the process of consumer protection in Bangladesh and investigates the various consumer protection acts and laws in the country, as well as the gap between law and reality in this area. It also outlines the different steps that can be taken to educate customers about their rights and policies. Furthermore, this study suggests that government agencies and other bodies work hard to implement some mechanism to raise consumer consciousness about the Consumer Protection Act as a right and to assist them in avoiding being victims of many of society's evils.

Human trafficking is the world's third most serious crime. The fight against human trafficking and human rights are inextricably linked. Child pornography on the has become one of the most noticeable human rights violations in the present day culture. Child pornographers have found a convenient forum for posting gruesome pictures of sexual abuse of children with the increased access to the internet and various of its platforms over the last decade. Although the governments and the law enforcement bodies worldwide have time and again tried to limit the availability of the pornographic content over the internet but the same has failed. This paper examines the chief issues in relation to technical, legal and social challenges that people and law enforcement agencies face with the main focus being India when it comes to cyber child pornography. It also suggests a new strategy for fighting child pornography on the internet.

When people of a country give Constitution to themselves and have the power to elect their representative, then a country is called Republic Democratic country. Though Canada was given its basic document of Constitution and upper and lower houses were composed by the Britishers in mid-18th century itself, they weren’t republic as Queen, and her representative was the head of the State. She made even appointment with executive members. In 1982, with Fundamental Rights in the Constitution Act, 1982 of Canada, Canadians got freedom in the true sense. Whereas the Constitution of India was constituted in 1950 and the people of India gave themselves the lengthiest Constitution in the world, and the people also elected its first Prime Minister in 1952. As India and Canada, both were colonies of Britain, electoral systems, or voting systems, which are chosen political representatives are almost the same. Provincial election systems, governed by provincial election Acts, are similar to the federal system but differ slightly from each other in essential details. Therefore, federal electoral practices are not an appropriate guide for provincial elections. The Canadian federal election system is governed by the Canada Election Act, as amended from time to time. In India, while India’s Election Commission is an independent constitutional authority responsible for conducting the elections of the Union and the states in India. In this paper, however, we shall specifically and mainly focus upon the above topic, i.e. Election Process of Canada concerning The Election Commission of India. Canada is a federal nation like India; there are many similarities in Election in both countries. Also, it has to be kept in mind that any constitution mirrors its people’s history, evolution, culture and more, as the history is different, so it’s presumed to have some differences in there procedure. Therefore, in this paper, we shall study and analyse these procedures and compare the same in utmost detail.

Inequality has existed since time immemorial in one form or the other and there has always been a social ,economic or cultural gap that seems to persist among the haves and have nots this problem has aggravated in modern terms with the advent of the internet and the rise of the Modern Inequality Problem : The Digital Divide. The following paper seeks to analyze the modern internet inequality problem from a fresh sociological perspective and provides an empirical and insightful analysis into the concept of Digital inequality and the broader outlook of the digital divide, to aid in this effort the paper first analyzes the rise of the digital divide and how factors such as race, gender. Education, age and sexual orientation play a role in it. The paper finally provides novel solutions for the same and seeks to advocate and reason a previously unexplored link between Digitalization and Sociology two concepts that are inseparable in the modern digital era.

Inspite of the steady increasing government contribution to healthcare, the issue of Rare Diseases was seriously neglected for an extended time. Subsidized drugs for cure of individuals affected by rare conditions were also rare. These subsidies are essential for citizens experiencing rare disorder, as majority of these patients are from economically backward strata. Since a considerably long time a kind of struggle was ongoing ahead of Indian courtroom searching government's attention and fiscal involvement towards these 'Rare Diseases'. India is amongst the countries using the lowest public health financing on the planet, with public health care system in the country only getting 1.26 percent of the whole GDP. The missing support in political figures, for example a complete lacuna of any sort of law on rare diseases was expressed for first time in 2016 when the Delhi High Court dictated Health Ministry to launch a 'National Rare Disease Policy'. The present case in question marks the initiation of the battle before the court of law and the way the judges have responded to the government's plea of having ‘minimal Resources as well as the equitable distribution of exactly the same'.

Geographical indication as the name suggests, is an indication, whether in the form of name or sign, used on goods that have a specific geographical origin and possess qualities that are due to the place of origin. Geographical indication establishes the authenticity of goods and refrain it from being misused by dishonest commercial operators. GI is an aspect of Industrial property which refer to indicating geographical origin referring to a place or a country situated therein as being the place or country of origin of that particular product. It establishes a differentiation among various products, having similar qualities in order to protect the sincerity of the place of origin of that product, and because of which the place is known in the world.

Mob lynching is providing penalization to an individual without any legal authority for any crime. The social structure of India is in risk of rupture from rising incidents of mob lynching and growing vigilantism. Because of shortage of an important legislation particular to mob lynch in India, these events leave not recorded and the hate part behind them go indentified. Politicizations of this hate are interrupting the secularism and democratic structure of the India. This study observes the contribution of the citizens as a racialized group with extra-legal punitive power of death, and how it catalyze the growth of mobocracy influences the personal rights by their apparent judgement, which decisively is an ambush on democracy. In the judgement of “Tehseen S. Poonawalla vs. UOI & Ors” has provided ways to the authorities to take preventive, corrective and penal measure so as to reduce this grievous. The study critically analyzes possible problem to the proposed legislations and propose alternatives. Although some jurist assistance making of new legislations to control this problem, others think that range of laws would not identify the cause of this concern, which is unsuccessful execution. The landmark judgments of the Court, this research study propose that the necessity and requirement of the hour is to ratify a ‘centralalized legislation’ for offering result to India’s responsibility regarding Constitution and global human right mechanisms, rather than state related laws.

The recent decade has been exceptionally revolutionary in terms of the promising innovative progressions and technological advancements. We are noticing extraordinary advancements in every field of science and innovation because of the heavy vested interest in innovative work, development, education and business everywhere across the world. New advances are merging and making life simpler and more proficient. The accessibility of internet and digitalization have altered the way of life of people. The pandemic has caused a massive surge in e-commerce as a platform both from an industry and from a company point of view. Today, the online commercial centres have widened its tentacles and offers nearly everything that one can perhaps imagine, which even includes something like medications. The focus towards e-pharmacies have been in discussion since long but the prominence it has gained since the start of the pandemic puts in the spotlight.

CBM in India is included in the list of those grey areas of which almost everyone is unaware, even the full form of CBM is not known to most of the people. But, it is one of the most useful conventional source of natural gas found in coal deposits or coal seams. It is a purely unexplored sector which has the potential to expand in the near future. This blog is just an initiative to introduce this sector and explain the CBM Policy of 1997 in a detailed manner. This blog also tries to answer almost every query related to CBM Policy 1997. Various provisions and features of the policy is also discussed. In our country, this sector faces a lot of challenges which are also discussed in the latter part of this blog. So, in short this blog tries to present a detailed analysis of CBM Policy 1997.

Legislators, the government, and public health professionals have faced a slew of policy challenges as a result of the COVID-19 outbreak. Seeing our people die while waiting in lines for oxygen is extremely painful. This crisis has been dubbed a "national emergency" by the Supreme Court. Whether an emergency should be declared in such a situation where people are dying as a result of a shortage of oxygen supply.

The global COVID-19 pandemic came up with its second wave which has been deadlier and much more horrifying globally, especially in India. The count of positive cases has elevated to record peaks exceeding 3 lakh per day and the number of deaths per day over 3000. Hospitals are running out of beds and low on oxygen. There is significant shortage of essential drugs. There is increased pressure on all fronts to minimize the effects of second wave by accelerating vaccination. In this context, the court took suo motu cognizance of the situation to curb the effect of the deadly wave and save the population from the ongoing pandemic. The order inculcates the directions to the Central and State/UT governments regarding the management of vaccination drives, supply of essential drugs and identifying vulnerable age groups in accordance with the changing nature of pandemic.

We live in a world where conflict may very quickly take the form of war, resulting in the loss of life and property. Armed conflict is fairly common. These military wars have had the greatest impact on one of society’s most vulnerable groups: children. Children are the innocent victims of armed wars. To begin, the author will discuss the establishment of individual rights for children in the arena of international law, as shown by the signing of treaties and the adoption of protocols. Following that, this study examines the six severe breaches that have an impact on children in armed conflicts, both from an international and an Indian viewpoint. As the author delves into the six major infractions, he demonstrates how these breaches impinge on the rights granted to these children by both international treaties and domestic Indian legislation. The study then examines the various methods by which such children might be rehabilitated back into society, including an examination of the appropriate legislative laws. Included in these clauses is the statutory responsibility placed on the state to guarantee rehabilitation via the use of shelter houses, foster families, and the protection of children via hotline numbers. The author also demonstrates how some of these regulations have been shown to be glaringly ineffective in the recovery of children who have been harmed by violent wars. Despite the fact that these legislative protections impose a responsibility on the state in the form of rehabilitation, public engagement in Indian society is essentially non-existent. The author offers several strategies for raising awareness among the general public about the plight of children caught up in armed conflict, as well as measures for society to assist in the rehabilitation of these youngsters.

The renowned poet Rabindranath Tagore has expressed his views on the plight of women as: "O lord why have you not given women the right to conquer her destiny? Why does she have to wait head bowed? By the roadside, waiting with tired, patience hoping for a miracle in the morrow?" The rights of women are always bowed deep down in search of their destiny. Rape per se is an offence against the dignity of women and when it comes to the marital rape i.e. rape within the four walls reduces the status of women to a mere object for the sexual pleasure. Under Indian Penal Code section 375 prohibits Sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not Rape. Thus provided as when the couple is wedded, it is totally lawful for men to assault a woman in India. . Rape becomes one of the most heinous and barbaric acts ever committed only against woman. It is an act that destroys a woman's personal bodily and emotional equilibrium and turns her to a sociopathic killer. In the instance of women who is Raped by her husband, the seriousness of the transgression and the impact of this brutality are amplified. Sexual assault was not feasible within that marriage whereas a man can do whatever to his spouse considered as his property. In many other states and countries, rape was defined as a violent crime committed against the woman's husband and father, rather than the woman herself. In light of this, the notion that a woman (wife) must have sex with her husband regardless of her will, consent, health, or other factors is unthinkable in a civilized society. As a result, the concept of marital exemption has no rationale or validity in today's world. True, criminalizing marital rape in India will not solve the problem, but it is a significant step toward improving women's experiences with sexual abuse in marriage. It is past time for the concept of "rape is rape, regardless of the relationship between the parties" to be adopted.

We humans have come a long way in terms of education. Starting from the ‘Gurukul’ system to present scenario of teaching-learning we made some significant strides. But, with the arrival of Sars-Cov-2 (Covid-19), a necropsy has happened to this century-old educational system. The sudden shift in education from traditional classroom learning to virtual learning is probably one of the largest educational experiments till date. In India, no one was ready for such a sudden shift. From premier institutions to the colleges/universities in both urban and rural areas, everyone founded it difficult to some extent and huge amount of ground level correction work is needed to overcome the obstacles. Technology has to be developed, institutions have to be armed with proper infrastructure, teachers are required to be trained, policies have to undergo with adequate number of changes, contents need to be developed, collaborations need to be built, employers are to be assimilated with the problems regarding unemployment and the list goes on. In this paper we have highlighted major impacts of Covid-19 on higher educational institutions in India. Some suggestions that can prove to be fruitful to carry out educational activities amid pandemic are also pointed out in the paper.

“Winning or losing of the election is less important than strengthening the country” - Indira Gandhi. Multiplicity of elections in our country makes the entire nation in a permanent election mode. Our country, in a span of five years apart from Lok-Sabha Elections, our country witnesses at least eight rounds of elections, sometimes even two rounds are held in one year and many rounds of local elections including municipalities elections and gram panchayat elections. Nation has been paying a heavy price for this seemingly inevitable Multiplicity of Elections. It starts with a long, arduous Code of Conduct, which is ethically correct but practically problematic and hard. In the name of Election Code, the entire Government machinery gets an official license to stop working or at least stop completing the undergoing work. Election Code has become a stumbling block than a true code of administrative impartiality ending every kind of favoritism. The idea of good governance habitually takes a beating every time when elections are round the corner. Governance involves larger good of the people and not just earning popularity. But when elections are around, rulers of the nation are scared to take even simple and basic regulatory mechanism related decisions as the lurking fear of people going against them which cause political loss to the ruling party. As a consequence, postponing unpopular decisions has set in as a practice and we all are paying its price. When elections are near, populist demands are pushed by various groups as they knows that, the Government may not dare to say no at this time. All this has promoted both, competitive populism and a tendency to indulge in competitive compromises with good governance. The financial cost of conducting elections independently is so huge that a nation like India doesn’t able to afford the same in any way. From electoral rolls to distribution of booths and polling stations, either there is needless differentiation or duplication or that causes both, needless expenditure and wanton creation of confusion. One Nation One Election has the potential of taking care of many such issues, undoubtedly. Large number of government employees including a large number of teachers are involved in electoral process causing maximum harm to the education sector. Security forces too have to be diverted for the electoral work leaving the borders precarious. It is the Election Commission to take this exercise forward in consultation with political parties. The paper aims to highlight the One Nation One Election system, role of Election Commission in the view to cleanse the political funding and decriminalize politics, also its working towards a comprehensive review of the election laws. Another thing which is important in different mode election is that, all have different issue. The lok sabha election has another issue i.e nation level issue and legislative election has different issue which is also known as local issue.

The global COVID-19 pandemic came up with its second wave which has been deadlier and much more horrifying globally, especially in India. The count of positive cases has elevated to record peaks exceeding 3 lakh per day and the number of deaths per day over 3000. Hospitals are running out of beds and low on oxygen. There is significant shortage of essential drugs. There is increased pressure on all fronts to minimize the effects of second wave by accelerating vaccination. In this context, the court took suo motu cognizance of the situation to curb the effect of the deadly wave and save the population from the ongoing pandemic. The order inculcates the directions to the Central and State/UT governments regarding the management of vaccination drives, supply of essential drugs and identifying vulnerable age groups in accordance with the changing nature of pandemic.

The article titled “Infodemic: How Cybercrimes skyrocketed during Covid-19” derives our focus on how the enhanced dependence of people over the past year because of the prevailing situation of the Sars Covid-19 has led us to another pandemic. Every field, be it education, corporate sector, health-line services, groceries, trading etc. became virtual. As our focus has been shifted to the health crisis, cybercriminals have got an opportunity to attack networks, businesses and global organizations. As a result of individuals spending more time online and the situation of chaos, fear and anxiety, cybercriminals tend to take advantage and attack their targets globally. Taking advantage of this situation, many criminals have resorted to spreading misinformation, false propagandas and distrust in governments. We have seen many false theories and conspiracy theories throughout the pandemic be it associated with curing the virus from drinking sanitizers, the myths about Hydrochloroxyquine or ultra-violet rays and not to forget various political propagandas. This is the reason it has been named “infodemic” by WHO director because this is the pandemic of misinformation too. Misinformation and disinformation concerning the virus still unfold primarily through social media and encrypted electronic messaging services. The article will ponder upon how the big social media giants are prepared to deal this situation. Cyber safety is not an issue that is restricted to a particular nation rather it is a concern of international level. Cybercrimes just like the corona virus have a very high rate of transmission and are not restricted by national boundaries. Therefore, all the countries must fight against it at the international level and must assent to the programmes and conventions passed by the inter-governmental bodies. As technology is an inevitable part of our lives these days, we must also take all the precautions and protective measure necessary to protect ourselves from the wrongdoers. Whether technology becomes a bane or a boon for us is in our hands and with due diligence and precautions it can act as the greatest tool for economic growth and development. The aim of the current article is to recognize the relationship between the novel corona virus and increase in the cybercrime activities, what has the role of international bodies been significant in combating the cybercrimes and how pandemic has contributed to it and how it has been used to create false agendas, misinformation and distrust in the governments across the world and what could the necessary precautions for it.

Mental health issues till today continues to be highly neglected, despite being the common issue in society. People with mental illness experience grave violation of their civil, cultural, economic, political and social rights the world all over. India is not an exception with respect to human rights violations of patients with psychiatric disorders, despite having numerous legal measures such as the Mental Health Act 1987, Persons with Disabilities Act 1995 etc., to prevent the issues. India has signed a signatory to the Alma Ata Declaration in 1978 that states that health, i.e. a state of complete physical, mental, and social wellbeing, and not merely the absence of disease or infirmity, is a fundamental human right. In 2007, India was among the many countries that ratified the UN Convention on the Rights of Persons with Disabilities, which includes People with Mental Impairment. Although India has various legal measures to protect the human rights of the mentally ill, the proper implementation of these acts came into question after the Erwadi fire accident in 2001 which caused the death of 25 mentally ill patients who were chained in a faith based ‘mental asylum’ at Erwadi Village in South India. A recent article reported a young man with mental illness chained to a tree with ant bites and open wounds on his legs this appears to be painfully obvious is that these violations and inhumane treatment continue to occur in India, more often in the rural areas of the country. Though there are a number of reports of human rights violations of the mentally ill in psychiatric institutional settings, such incidents happening in their own homes are often overlooked and are under-reported.

Since the ICC is an independent court and is not a part of the United Nations. Its seat at the Hague in the Netherlands. Although the court's expenses are funded priority by states parties, it also received voluntary contributions from governments, international organizations, individuals, corporations and other entities. It is pertinent to know that how ICC shall be working independently when court's expenses are also received by voluntary contributions from our sources. The second important issue is to see whether ICC can work independently when the UN Security Council has referral and deferral powers. In this research paper, my endeavour has been to explain these problems, which are being faced by the ICC in order to trigger its jurisdiction independently. In order to explain the working of the International Criminal Court, it was necessary to define the jurisdiction to which it is applicable. Although the model of the International Court of Justice was available, yet no one had ever tried to create a court with such a wider scope and application. Earlier examples of the Nuremberg Tribunals, Yugoslavia etc. were territorial in nature. For example, the International Criminal Tribunal for Rwanda has jurisdiction over crimes committed by the Rwandan nationals in the neighbouring countries in the same period. Accordingly, its jurisdiction is both territorial and as well as personal. The basic difference with these precedents is that the International Criminal Court has been created with the consent of those who will themselves be subject to its jurisdiction. They have agreed that it is crimes committed on their territory or by their nationals, that may be prosecuted. These are the fundamentals of the court’s jurisdiction that individual states are entitled to exercise with respect to the same crimes. Moreover, the drafters of the Rome Statute sought to limit the ability of the court to try cases over which it has, at least in theory, jurisdiction. Only when the domestic justice system is unwilling or is unable to prosecute, can the International Criminal Court take over. This is what the Statute refers to as admissibility. Not every case is admissible even if it has jurisdiction. ICC is getting support from its member states. Unlike other global courts, ICC has less limitation for enforcement. In foreign courts, which rely on universal jurisdiction laws are limited by their lack of international support and political influence to enforce their decisions. Similarly, even global courts such as the International Court of Justice (ICJ) have little enforcement power. Domestic U.S. courts, on the other hand, possess the jurisdiction and power to a state party to the ICC is a challenge to think of universal jurisdiction of the court and to enforce the decision of the court. To make this court universal in nature, it is necessary to make the jurisdiction of the court fair and suspicion free in the provisions of the Rome Statute.

The concept of a permanent International Criminal Court was an idea of intellectuals at one point of time. In 2002, it became a reality when sixty states signed and ratified the Rome Statute. The first verdict of the ICC has created the faith in the minds of the party states; it has proved that the impunity shall not be tolerated at any point of time. After years of debate, the international community has agreed and drafted the Rome statute and made this court a reality. The evolution of the International Criminal Court through ages has meet with many hardships. Such an evolution, learning from the pros and cons of the earlier ad hoc Tribunals, are worth studying. Such a study can shed light to the basic jurisprudence on which the ICC has been built upon. Not only that, after making such a court a reality, it is pertinent to check whether International law, especially International Criminal Law has evolved enough to support such a court. This paper intends to study the evolution of the ICC alongwith a brief study of its structure and function according to the Rome Statute. In this, the historical perspective of the growth and development of the ICC has been discussed. This paper describes the growth and the stages through which the concept of International Criminal Court has developed. The endeavour has been to discuss the growth of this important branch of international law in different phases to understand the importance of the ICC. All the prominent events relating to the history of the ICC have been referred to. The present paper also contains the comparison of the International Criminal Court with the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for Yugoslavia respectively.

The Paper will broadly discuss about the the trade laws and trading system during Aurangzeb's reign with administration policies and will have a comparative study with the prevalent condition in France during the same period of time under Louis XIV's reign. The paper would further go on to highlight the present conditions prevailing in India as well as France and laws regulating trade and administration in present day scenario and the researcher would be also analysing relevant case laws from India as well as France keenly. The research paper will also contain suggestions and conclusion gathered from the mentioned facts and issues.

Thomas Hobbes is considered an authoritative English philosopher and the founder of modern political philosophy. He considers himself to be a genuine discoverer of the ‘science of politics.’ All his political science theory was based on geometrical methods as proof. Such kind of political understanding, which was based on scientific evidence, was very much needed by his country, England because Thomas Hobbes believed that political conflicts were pulling apart his country. He was of the notion that different stands on who was the ultimate political authority in a commonwealth were one of the biggest reasons for ‘civil war’. During his time, there was a great disagreement and conflict between the King Charles, and the parliament. In one of the episodes, for a war against Spain and France, king Charles tried to raise funds but his appeal was rejected by the parliament. Such tensions between the two authorities gave rise to a civil war. As a solution to escape this state of war and to maintain peace, Hobbes stated that there should be an unbiased and supreme sovereign power that has a complete say over all the political issues arising in a society. From this arrives his theory of law and justice and this research work aims to uncover the same.

The management of personal data in the digital world raises concerns regarding privacy and security of information. Privacy can be defined as access of an individual, group, or organisation to information. Data privacy is one of the most critical challenges faced by the contemporary modern society. While it is an assumption that privacy can solve the problems we face in the digital world, however, in reality, privacy comes with its own set of issues. The primary aim of this paper is to qualitatively analyse the concerns around privacy. This research explains how data protection laws can be difficult to implement and can be a threat to privacy itself. The paper explores the intersections between privacy and social order and examines how production, control, and management of privacy are unequally distributed. As global negotiations today revolve around the transfer and security of data, the Indian Government has proposed the Personal Data Protection (PDP) Bill, 2019. This paper aims to unravel these issues and look at the approach of the Indian parliament in solving them through the PDP Bill.

Trespass to Person is a Tort which basically means hindrance to a person’s civil rights, without justification. It can be intentional, deliberate or unintentional. This paper introduces the three types of intentional trespass namely; assault, battery and false imprisonment. It mainly focuses on the issues of consent in Trespass of Person. It justifies that consent is an affirmatory defense. The burden to prove, absence of consent lies with the plaintiff which is somewhat a hassle. This paper discusses about how unintentional trespass is different from intentional trespass.

The authors of this paper sought to answer the reason behind why we, as a society, obey laws. The authors ponder whether it could be due to the influence of natural law, with its roots in morality and developed by philosophers such as Aristotle, St. Aquinas, Hobbes and many others, or whether it could be due to the analytical school of thought and legal positivism, the polar opposite theory which completely separates law and morality. This paper delves into the history, evolution and modern day relevance of the two schools of thought and the authors gave their opinions on the age old philosophies and what they believe is the correct view.

This article is based upon Corruption which has been a major issue since a long time. Corruption is defined as an act of bribery to get a specific work done. When there is a use of public office for private gains which breaches law is termed as Corruption. Government has taken various steps to reduce corruption but has failed to do so instead people are finding new and new ways for getting there work done and aren’t afraid of law. The issue of Corruption is not only universal aspect but also has become an important consideration in elections. Corruption has developed to be a huge problem which is affecting the economy. Many talented and worthy people are not getting the opportunity they deserve. As corruption has now have its roots deep in every field, this makes it more difficult to tackle it. If corruption increases with this rate, then our country would face a lot of trouble economically in future.

India is the land where people mostly believe in what they have seen and heard instead of a written document or fact, same happens in our courts. An eye witness is given more importance than an evidence discovered. The evidence to have some weight and substance has to be corroborated by a witness. The story or the facts of the witness shall prove the importance of the evidence. But being witness in India is not voluntary that is to say there is fear amongst people, people do not want to become a witness and this is because the witness protection in India is not up to the mark. The protection of a witness is not given much importance until recently when the witness protection scheme 2018 came into picture. This paper follows doctrinal method of re-searching the paper is all about the witnesses their rights and protection. The paper mentions about who is a witness, who can be a witness, competency and compellability of a witness and the credibility of a witness. How and what are the laws that apply to a witness and the protection of a witness under the witness protection scheme 2018. The newly made witness protection scheme is also compared with different countries witness protection programs. The research paper also concludes and gives suggestion as to how our witness protection system can be improved and what more we need to make the witness protection program secure so as the people voluntarily become witness in future without any fear.

The detection of cartels in free-market economies is the top priority for any antitrust agencies across the world. To combat this threat, the authorities have instituted a number of Leniency and Whistleblowing procedures. Cartels represent a significant economic danger to the free market; collusive agreements result in a decrease in the productivity or the welfare of the market. This article intends to concentrate on the regulation of anti-competitive activities of trade organisations, namely their cartelization. While examining the requirements of an agreement which is an essential element to prove cartelization, the oligopolistic market structure and the standard of proof along with concerted practices amounting to agreement by the parties are discussed. In addition, the legality of creating a “crisis cartel” in the event of a pandemic is explored in the context of Indian antitrust legislation and the advisories issued by the Competition Commission of India. The recent pandemic has established a major issue for the competition authorities around the world, to allow the companies to form a cartel on one hand and to safeguard the rights of consumers, enterprises and free market on the other. This paper examines the many elements about the cartelization in which the businesses are operating that the competition authorities can scrutinise during a cartel inquiry, including those elements that are related to the businesses’ operations during the pandemic. It will also deal in detail with the constituents of the practice of cartelization and the standard of proof required to prove the same. Also, the paper tries to connect the same with the ongoing situation of the COVID-19 pandemic and its impact on the same.

The fundamental right to life and liberty guaranteed under Article 21 of the Constitution of India is considered to be an inherent and basic human right, a right from which all other rights emanate. It is well-known that the domain of this right has been broadened time and again by various courts of India and it is ever evolving. Right to life is not restricted to a “mere animal existence”, but includes right to human dignity. This research paper is an attempt to highlight the importance of human dignity in light of few aspects of this right as a part and parcel of right to life. Judicial pronouncements on the evolving concept of right to dignity is touched upon. A critical analysis of the existing laws is done with special emphasis on the lacunas to be found in it. The research raises empirical questions on prisoners’ rights including right against torture, right to speedy trial, free legal aid, or fair treatment among many other rights. The status of women rights in prisons is also stressed upon. A jurisprudential aspect of deterrence or reformative model and a need to have proper implementation of the rights of prisoners is also included in the paper. Through this research, by proposing certain recommendations, there is an effort to answer pertinent questions and scrutinize the wide ambit of Article 21 in the light of right to dignity of prisoners.

Forensic Linguistics (FL) is a comparatively a fresh branch of applied linguistics which analyses various crossings between legal field and language. With the purpose for a just legal operative procedure, whosoever working in a legal process (police, advocates, investigating officers, judicial magistrates, and many more) has an advantage if they have definite consciousness of linguistic doctrines. The professional testimony of forensic linguist can help in recognition and understanding of probable clarifications or versions of its which else might have got overlooked. Forensic Linguistics helps to explore the clues, read between the lines, and predict the subsequent plot on basis of some written or spoken words. This research paper will dive one into the fascinating field of forensic linguistics. This study will discuss about is language truly significant, define different features in forensic linguistics and will discuss on if forensic linguistics is merely about law and language or is it applicable to different fields and areas. This research paper emphasizes an outline of the vast area of Forensic Linguistics and highlights various ways this discipline could aid to the judicial system. This discusses few legal cases and summaries the junctures between forensic linguistics and legal system. This research paper deliberates on forensic linguistics, its branches, historical development, procedures and methods, types of forensic texts, tools, practice of linguistic evidence in court proceedings, status of forensic linguistics in India and challenges and limitations in this ocean of forensic linguistics.

In the recent decades, there has been a perceptible rise in the number of people keeping pet animals/birds and exotic species but there has been a stark lack of any regulatory or legislative framework concerning exotic species which has led to the uncontrolled trade in exotic animals. The matter is of important nature having ramifications wherever pets are being kept and/or traded. There are several instances of confiscated exotic animals dying in the custody of authorities. However, they are not widely reported due to the lack of information in routine, governmental matters and also because many of the remaining animals are returned to their owners if some of these animals die. There is also a clear lack of legislation in this regard due to which these exotic animals and their owners are unnecessary harassed. In this article we analyse the legislative framework for exotic species in India and why we need an enactment for their regulation.

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. The author emphasizes how the preventive detention law is, by nature, repugnant to democratic ideas and an anathema to the rule of law in India. Author further brings his views in comparative to the law that exists in the USA and in England which is exclusively used during war time. The author puts that if the ordinary law of the land (Indian Penal Code and other penal statues) can deal with a situation, recourse to a preventive detention law will be illegal in India. An individual incident of an offence under the Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention and that is practiced in India as the law is static one it has to be amended according to the welfare of the society. Further the author emphasis the Principle of Natural Justice in consonance with Article 22(3) and how it to be amended accordingly. Section 7 of T.N Act 14, 1982 how it has to be reformed is focused by the author. The author has concluded that apart from disciplinary action against the police, there is no Penal provisions available against the police to punish for their wrongful act against the innocents in India.

A total of 8,450 of them have been detained under the Goondas Act and the NSA since 2011. Activists claimed that many of these cases were later thrown out by the court. The procedure requires that within seven weeks of detention, the detainee should be brought before the Board, which has three retired judges as its members. When these avenues fail, the higher courts can be approached. The majority of the cases have been habeas corpus petitions on which the higher judiciary ruled in favour of the victims, coming down heavily on the States mainly for non-application of mind and procedural lapses. This article emphasised mainly how the victims of Prevention Detention are been treated in the society as well as what are the challenges they are facings in means of sustainability. The author has come out with the critical and detail evaluation what are the thing can be implemented to help out the victims of Preventive detention law and make the victims in pace of other normal citizens. Further the question of whether Preventive detention laws are really helpful to reduce the crime and reform the criminal.

Land ownership entails a certain amount of risk in most developing countries. The Government of any country is entrusted to work towards public interests and to achieve this goal, and is an essential resource. Eminent domain is a legal right usually exercised by the State to acquire property. This right of the state is sometimes contended to be immoral/illegal, many cases have been recorded where the state was alleged of not providing fair and adequate compensation. There must be an economic and a social balance drawn between industrialisation and land usage as a fundamental resource for a human. Development via industrialisation and urbanisation requires land resources. However, the State must also account for a fair acquisition of land involving consent and fair compensation principles.

Privacy is an intrinsic right of every individual; it is a right to be let alone, the right of a person to be free from any unwarranted interference. Further, privacy is an elementary human right which is mentioned under the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights. Right to privacy is a facet of human dignity and also relates to essential rights such as freedom of association and the freedom of speech. It has become one of the pertinent human rights issues of the modern age. Almost every country in the world recognizes the right of privacy implicitly or expressly in their respective constitutions. However, the advent of technology posed certain challenges and to address these challenges the laws and necessary rules are framed in order to protect the privacy. The articles made an attempt by analyzing the judicial stand by refereeing important judgments to find the judicial view in protecting the right of privacy as fundamental right.

The paper aims to discuss the development and evolution of two often contradicting theories, natural law theory and social contract theory. It aims to analyse and explain the positive sides of these theories and further differentiate them. It first discusses the influence of natural law in the Ancient Greece, Ancient Rome and Ancient India for the development of law and order. It further discusses the development and implementation of natural law in modern times. It also highlights the perspectives of various philosophers like Aristotle, Socrates, John Locke, Rousseau, Hobbes and etc in the regard of these theories. It especially explores the principles and theories of Rousseau about social contract theory to understand the basic principles and ideas of this theory. It also aims to explore influence of these theories in the present world and the upcoming future.

Marital rape is one of the most gruesome decriminalized practices in India which results in plethora of human rights violations against married women. The sad reality behind such a cruel practice is the stereotypical society that accepts sexual violence against married women as just another part of the marriage and does not provide solution to such problems. This stereotypical society rather than punishing the perpetrating husband, expects the wife to adjust to the needs of the husband in order to carry forward the social institutions of marriage and marriage and family at the expense of her basic human rights. India is one of the 36 countries around the world where marital rape is not illegal. The exception to marital rape is enshrined in the Indian law through Exception 2 to Section 375 of Indian Penal Code. The UN Population Fund found that more than two-thirds of married women in India, between the ages of 15 to 49 have beaten, rape, or forced to provide sex. This paper discusses the various rights of women recognized by the judiciary through plethora of judicial pronouncements and the judicial stand on the issue of marital rape.

This article provides an overview of the social and legal rights of the Transgender people in India. For the latter, an historical tracing of transgender community, and a conceptual study has been undertaken. This article, after providing the aspects of societal rejection and the legal support for the transgender, it is reiterating the necessity of practical steps towards achieving a trans-inclusive society. Finally, the article reiterates that the behaviour of the transgender on the streets is not something they love, but it is a forced behaviour from the decades of rejection, and suppression by the society. In a way, the legitimacy of transgender is often threatened by those on the streets when they overly dress like women, beg around. In this process, they receive public wrath, discrimination, social humiliation, and are forced to be alienated from the society. This article hopes to invigorate the forgotten fight for the restoration of transgender rights.

Journalism in India has been battered by fallacious media trials in recent times. The paper analyses the extent of freedom of speech and expression exercised by media. Titled ‘Conflict of Freedom of Speech and Expression and Right to Reputation in the light of Media Trials’, media trials have affected the right to reputation and dignity of an accused by bludgeoning a person’s character by misleading the public through half-truths and unverified claims. Under the garb of freedom of speech and expression, the media has infringed on the natural process of a fair trial by subconsciously affecting the judge’s opinion of the accused. The over-arching effect of media is such that even after the acquittal of the accused, the widespread perception of guilt does not wither away. This paper critically analyses the right to reputation as a fundamental right of an individual and the right to freedom of speech and expression of the media. Freedom of speech and expression is the life of a democracy but it is subjected to certain restrictions and has been provided for in the paper. Moreover, the right to reputation in the UK and the freedom of the press in the US have been included to analyze the stance with respect to India.

Human organ and tissue transplantation was started in India in 1962. Initially, the organ transplant was unregulated, and organ trafficking was rampant. The act governing the transplantation was passed in 1994. This has been subsequently amended in 2011, and new rules came into force in 2014. Many of the students as well as practicing physicians are not aware of the act as it is generally not a part of the curriculum. This article highlights the important components of the act and focuses on what all physicians involved in transplant should know about the legal aspects of transplantation. Organ Transplant has been considered to be one of the greatest achievements in modern medical field. It is the transfer of tissue or organ from a person who is alive or whose life expectancy is nil to a person who is injured or ill to restore their health and functioning but this depends on the availability and people who can access it. Nowadays, they are considered not to be a procedure but a treatment. Transplantation of Human Organ and Tissues Act in the year 1994 has been introduced, but there were issues regarding the implementation of this Act, as even though the act has been enacted commercialization in human organs and illegal organ trade is taking place, this could be due to the high prevalence of poverty, illiteracy i.e. lack of knowledge to understand the law and corruption in the Country. This issue of not proper implementing of the act here in this paper is explained by doing extensive research by using tools like various research papers, with help of articles, and certain books.

In this research paper, the researcher has attempted to bring out the condition of the LGBT+ community in Indian society. The researcher has tried to explain that our original Indian culture created by gods never saw homosexuality or third-gender as a disease or sin with the help of texts and tales from religious scriptures and philosophies. India values its culture and many laws are made to preserve such cultures but homophobia isn’t one of them. The true illness is homophobia, not homosexuality. The researcher gave focus on the origin of laws against the LGBT+ community in India, the legal journey from criminalization to the decriminalization of Section 377, problems faced by the LGBT+ community and the measures that can be taken to make this country a better place for them. We can only read, and think about the hell that the LGBT+ community has to go through to survive in this country as a homosexual, asexual, transgender, and all the other individuals. We should change society’s perspective, not a person’s identity or sexual orientation. Science has proved that the people of the LGBT+ community are nothing but normal people just like everybody else, it is high time when society begins to accept that and let them live in peace.

The necessary implication of union of marriage is that the spouses with lead together a matrimonial life. Marriage has been considered as a sacrament bond in Hindu marriage laws. The conception of restitution of conjugal rights is bolstered on this conception of marriage. Thus, the union is considered unbreakable and is believed to last for seven lives. The decree of restitution provides restoration or reinstatement of person’s marital rights or privileges under Section 9 of the Hindu Marriage Act, 1955. The provision prohibits the dissolution on marriages on the whims and fancies of one spouse. The recent entitlement of right to privacy under article 21 of the Constitution of India has triggered the moot question of constitutionality of the provision. The paper discusses the concept of restitution of Conjugal Rights in light of various case laws. It examines the historical notion of the restitution of conjugal rights and change in notions of marriage and marriage over the years. The author explains the arguments in favour of the restitution of conjugal rights and against the restitution. The research analyses the right to privacy and it studies the provision of restitution in context of privacy jurisprudence.

Copyright, being one of the important Intellectual property rights (IPR), protects the rights of creators of artistic works, literary works, sound, films and related creations. This right provides the creator the authority over the creation of his or her own to explore benefits if used by others. Media platforms including social media use new ideas, images, sounds, scripts and many more means and methods of communication professional, commercial and personal purposes. The entertainment industry faces the most genuine and gravest of difficulties presented by piracy. While unapproved duplicating and dissemination of cinematograph movies and music is not a new thing but a new turn of events, the greatness of the issue has, in the new years, gained extents that undermine the presence of the whole business. Advancements in replication and innovation have made it a moderately straightforward matter, for even a beginner, to produce duplicates, which are of a tantamount norm with the duplicates being honestly made and advertised by the business. Piracy, inter alia, results in loss of revenue to owners of copyrights through royalties, illegally adds to the coffers of the pirate and defrauds the state of collectible cess through various levels of production and sale. Without mitigating the importance of the said consequences, it is the music/film industry that is the most seriously prejudiced. This paper discusses issues regarding copyright in entertainment media and piracy and also law regarding the same in India.

Motherland India is an agrarian society where close to 58% its population get their daily bread and butter from agriculture related activities. Indian agriculture machinery was in dire need of reform owing to abysmal condition of farmers and obsolete trading practices, therefore The Central government in order to revitalizing farming, fulfilling its promise of double farmers' income by 2022, and enhancing profit in farming came up with three bills which as per the government was a ‘historic’ step, these bills were hastily enacted in the parliament to form three separate acts namely The Farmers’ Produce Trade And Commerce (Promotion And Facilitation) Act, 2020(FPTC Act), The Farmers’ Empowerment and Protection Agreement on Price Assurance and Farm Services Act 2020 and The Essential Commodities (Amendment) Act, 2020 but these acts faced uproar from some farmers unions and states which accused the government of violating federal structure of the constitution, ignoring the say of various stakeholders in agriculture and highlighting some of the lacunae of the acts, but a meticulous study of farm acts indicate that these are good acts capable of invigorating Indian agriculture, with improper implementation.

Surrogacy is a burning issue in India because of the newly proposed legislation. A surrogate woman bears a child for another woman who is unable to conceive. She can be called the birth giver who, conceives the child, gestates, and delivers it on behalf of another woman who will be construed as the real mother after the child is born. Before 2015, India was a big hub for surrogacy and at that time, there were no laws regulating the same. It was because of the case of Baby Manji Yamada v. Union of India in 2008, that supered the Government to enact a law for regulating the surrogacy. With a surge in reports of exploitation of surrogate mothers, the unethical practices involved in it, and abandonment of children born out of surrogacy, the Government felt the need to prohibit commercial surrogacy and all the exploitation going on in the name of Surrogacy. The Surrogacy Bill 2020 was introduced in the year 2016 in the Lok Sabha after banning commercial surrogacy in 2015, which aims to achieve non-exploitation of surrogate mothers as well as children and regulates and instructs certain conditions to carry out surrogacy. This article presents a detailed analysis of The Surrogacy (Regulation) Bill 2020. It focuses on the social and economic impact of the bill and the way forward for the shortcomings of the bill. It takes a lot of strength and courage to give away a child after bearing it for the full length of pregnancy. This is the beauty of humanity and we need more people with the heart of surrogates to make this world a happy place to live.

Chapter 6 of the Social Security Code, 2020 provides for maternity leave and benefits in India. While this chapter is inclusive and does not conform to traditional notions of motherhood and pregnancy by including benefits for adoptive parents, commissioning parents and parents who miscarry, there seems to one glaring loophole. This loophole is that for the surrogate mother (child-bearing mother). In India, only altruistic surrogacy is permitted after 2015. Therefore, these surrogate mothers receive no consideration and cannot be renumerated or aided by the commissioning parents. The law seems to be gray on the point of whether surrogate mothers would be eligible for maternity benefit. The paper attempts to locate the Indian treatment of surrogacy within population theories and establish the link between labour legislation and larger policy goals.

The principle of reasoned decision in administrative law is oft considered as a principle of natural justice, in spirit and in practice. The importance of a reasoned decision is derived not only from its aim of showing receipt of justice by the citizens but is also emanated from its existence as a valid discipline for administrative authorities. Following the rising scope of judicial review, it is increasingly deemed necessary for the administrative decisions to contain reasons so that their review may be conducted expeditiously and efficiently. In this context, it thus becomes imperative to understand the aspects and rationale behind the relevance of reasoned decisions in Indian jurisprudence with special reference to its counterparts, that is, United Kingdom and United States of America.

The leading judgment of Rajive Raturi v. Union of India is the basal case underlying the rights of the disabled in our country. This case made the policymakers realize all the grounds of basic amenities that the disabled are missing out. It all began with a public interest litigation to provide amenities to the disabled and resulted in compelling lawmakers to make astounding changes to the disabilities act 1995. The case of Rajeev Raturi brought futuristic changes to accessibility and transport of visually impaired in public transport and the necessary infrastructure India was lacking on. The recommendations of this judgment saw changes like making every educational institute accessible for the disabled, every public transport to be made accessible to the disabled, and most importantly an audit each year to be conducted on how many institutions have been made accessible to the disabled and how many institutions are yet to be made. This case comment will throw light on the jurisprudential aspect of the judgment trying to understand the whole legal understanding of the apex court on why and how the changes to the Rights of Persons with Disabilities Act were brought. In the process, the ambit of Article 21 of the Indian Constitution will be discussed, and what theories were taken into consideration while delivering this judgment. The writing will also throw light on the precedents on this subject especially emphasizing on Jeeja Ghosh v. Association of India, which is also a leading judgment and was also benched by Justice A.K Sikri. The case comment will also enshrine the issues raised by the petitioner and brief facts of the case. At last, this case comment will further conclude the understanding of the apex court on the jurisprudential side of the case and will highlight the amended sections and impact they had on the society.

The Residents Welfare Associations (RWAs) insist that all domestic workers employed in the societies must be compulsory vaccinated, to prevent the spread of COVID-19. The domestic workers, however, take the argument of being protected under the right to religious freedom and with absence of any law advocating mandatory vaccination for all, the RWAs’ rule is arbitrary and discriminatory. The article examines the issue of whether the RWAs can make compulsory vaccination a precondition for employment. It assesses the legal position and confirms that both the Central and State governments have the constitutional power to legislate a similar law. However, as physical enforcement of such a law will be a challenge, the governments will have to attach incentives or soft penalties for 100% enforcement. The article concludes that the government may in future have a law for compulsory vaccination for COVID-19, as we had done in the past for smallpox, but till there is such a law in place, the domestic workers are well within their rights to object to RWAs’ directives of asking to compulsory vaccinate.

What conduct can and cannot legitimately be prohibited through the criminal law? Few topics powerfully illustrate the issues raised by this question including the criminalisation of drugs. In this paper, we are examining the legitimacy of drug criminalisation by critically examining the arguments both for and against it. In doing so, we will confront the fundamental question of what can serve as a valid justification for criminalisation – as well as how criminalisation can often turn out to be ineffective, counter-productive, or even actively harmful. We will also discuss how the criminal law’s approach to drugs is changing in some jurisdictions. Under traditional models of drug criminalisation, it is criminal to produce, import, export, supply, and/or possess any of a list of controlled substances: for example, heroin, cannabis, or cocaine. In recent years, however, this approach has increasingly been criticised for its inability to tackle the growing problem of new psychoactive substances, or “legal highs”. This new threat has led some jurisdictions to develop new legislative models. In the UK, for example, it is now criminal to produce or supply (but not merely to possess) anything that meets the definition of a “psychoactive substance” – a definition that seems to catch many entirely harmless substances, as well as substances that mimic controlled drugs. Are such “catch-all” prohibitions a legitimate form of criminalisation?

Arbitrability of fraud has been a major issue in Indian Arbitral regime for a very long time. Enforcement of arbitration agreement has become troublesome because of allegations of fraud raised by parties. There are no express provisions to prohibit arbitrability of fraud claims in the Indian Arbitration and Conciliation Act, 1996. Indian jurisprudence has taken great strides in the past year towards achieving parity with the international trends in respect of the arbitrability of fraud. While courts have been hitherto disinclined to refer disputes concerning fraud to arbitration, recent developments demonstrate a departure from this conservative approach. This paper aspires to arrive at an approach to deal with the same after a careful analysis. Present paper analyze arbitrability of fraud in UK in comparison to India.

There are a vast number of religious differences and problems for a nation that prides itself on being secular and tolerant. This paper examines interfaith marriages in India. Though interfaith marriages are a relatively limited proportion of all marriages in India, it involves many individuals when we consider the sheer population of India. Being an interfaith couple in India is getting more difficult by the day, apart from the social pressure that wells up, couples also face difficulties posed to them by complex and rigid laws. These problems make it increasingly difficult for our secular country to be truly harmonious. This paper takes a close look at how individuals who practice different religions tend to get married, while also focusing on the problems and roadblocks they face. In this paper we study how there are multiple ways in which interfaith couples can get married, first of all, through The Special Marriage Act. We then look at how a interfaith marriage is solemnized under the Special Marriage Act and also highlight that when married through The Special Marriage Act, couples face different difficulty and obstacles, and thus prefer to opt for the other ways to solemnize marriage. The other fairly easy way requires conversion of one of the party to the marriage, and post conversion, the marriage is solemnized under the personal laws of the couple. This paper then comes across laws that have just been introduced, which put additional checks or barriers in the couple's way. This paper presents points from both those in support and those against the provisions of the anti-conversion law before concluding with the authors' opinions.

21st Century has been a testimony to increase in the cases of criminal acts carried out by juvenile. According to the Uniform Crime Reports (UCR), children and youth under the age of 18 account for around 36% of individuals detained for all kinds of crime. There is a lot of debate on whether there is a link between adolescent criminality and learning impairments. Speaking of learning disabilities, the curve has shaped in a positive direction. During the last two decades, the world has witnessed a great deal of change for people with learning disabilities, at least in the sense that there is increasing recognition given to them along with the right to participate as normal citizens in community life. With this increased trend of movement towards ‘ordinary life’, there is a need to ensure that people with such disabilities are properly treated in the criminal justice system, both as offenders and as victims. This research project is an initiative to cast sufficient light upon the concept of juvenile delinquency as a major consequence of the different facets of learning disabilities faced by such adolescents along with highlighting the flaws in the criminal justice system and providing recommendations and suggestions to curb the same.

Post-Independence, various legislations have been enacted to counter terrorism in India. These statutes have dealt with aspects such as intelligence, preventive detention, apprehension, search, seizure, investigation, trial, rule of evidence and penalty. Legislations such as the Maintenance of internal Security Act (MISA), the Terrorist and Disruptive Activities (Prevention) Act (TADA), and the Prevention of Terrorism Act (POTA) have been accused of being disproportionately draconian, stringent and prone to misuse for political gains. One common feature between these laws have been the wide and sweeping definition of ‘Terrorism’ or ‘Terrorist Act’. This has resulted in widespread misuse of these laws by law enforcement agencies against opposition, politicians, journalists and activists who are merely exercising their right to protest against the policies of the government. The primary legislation for countering terrorism and currently in force in India is the Unlawful Activities (Prevention) Act, 1967, better known as the UAPA. Initially a preventive-detention legislation, after the repeal of POTA, it was amended in 2004 to make it a Counter Terrorism Legislation. The act has been further amended in 2019 to designate individuals as terrorist. The law has been consistently misused by the law enforcement agencies to target student activists and journalists who have raised their voice against the policies of the government. This paper is an attempt to critically and dispassionately analyze the provisions of stringent UAPA to determine its shortcomings and limitations.

Since there is no Uniform Civil Code in place in India, personal religious laws govern the tradition of giving gifts, and the meaning and implications of gift giving changes depending on the governing religious law, and also with what intention the gift is given. Due to difference in the time period during which Hindu and Muslim laws evolved, which is of hundreds of years, as well as due to difference in cultural background, customs and traditions followed by people, the motive of giving gifts and the consequences of property transfer are different under Hindu and Muslim laws (only one kind of transferrable gift in Hindu law but of various kinds in Muslim Law such as Ariya, Sadhakkh, Hiba bil Musha, Hiba bil Iwaz and Hiba ba Shart ul Iwaz). There is also difference in thinking, as some concepts may be deemed more progressive or more conservative when taken in context of current societal conditions, as well as difference in procedural requirements. Having so many laws governing gifting of property – The Transfer of Property Act, The Indian Succession act, personal laws of various religions and communities, the Indian Registration Act, The Indian Majority Act, The Guardianship Act as well as The Civil Procedure Code – conflicts can be expected and sometimes become unavoidable. The researcher, through this research paper, by analysing the provision set out in personal laws, as well as studying precedents and concepts explained in various case laws, aims to understand the existing differences between the concept of Gift under Hindu and Muslim laws, as well as possible clashes that could arise, and suggests certain recommendations to resolve these issues.

The paper examines the impact of Human Capital in attracting Foreign Direct Investments (FDI) to South-Asian economies, with particular emphasis on India, Bangladesh, Pakistan, and Sri Lanka. There have been immense studies concerning human capital and FDI on the growth of developing and developed economies. This study uses data on FDI, GDP, Secondary School Enrolment taken as a proxy variable for Human Capital, Consumer Price Index, Export and Import, Exchange Rate, and Domestic Credit to private sectors taken from World Development Indicators provided by World Bank. Empirical analysis has been conducted with time-series data on annual percentage change for 1995-2019 using Panel Regression Model. The results portray that these developing South-Asian economies with low levels of human capital attract more FDI. Thus, human capital has a positive impact on FDI inflows. Aside from human capital, other variables that affect FDI inflows include exchange rate, trade, domestic credit, and inflation. Exchange rate appreciation attracts foreign investment, which steadily stabilizes currency volatility and allows for necessary policies. In addition, financially well-equipped economies, i.e., have a high level of domestic credit, attract more foreign investment. JEL CLASSIFICATION: B23, C12, C23, C87, Y40, F35, F43, J2

Law refers to a system of guidelines of managing of the required lawful force and its effect, as arranged, accepted and imposed by the concerned authority. In the United States, law represents as to a regulation, if violated puts the guilty party in a position to be charged with criminal penalty or a civil obligation. The laws of USA are drafted by the central, state-run, and local governments, the President, Governors of the State, the Judges of the courts and lastly the administrative agencies. “Lawmaking is the process of crafting legislation. ” The process of law preparation in the current democracies is tasked with the legislatures, which are present at the local, state, and central levels and therefore, prepare laws that are fitting and are necessary to be followed by the individuals residing within their jurisdictions. The legislative organs are persuaded to make new laws by the supporters who selected them to which the government is responsible, if the arrangement is working as planned. The aspect of lawmaking also relates to the expenditure of governmental resources, as mainly most of the jurisdictions comprise of the budget as a substance of law.

Equality, diversity, inclusion and diversity management are integral concepts for an organisation to function in an effective manner. It is very important for organisations to understand and reflect upon targeting the problems of the legislation and meeting those shortcomings in their company policies to make each diverse group feel safe and comfortable with the organisation. This paper moves to analyse the concepts and equality, diversity, inclusion and diversity management and further establishes it’s linkages to success; then, various laws about the issues of parenting benefits, sexual harassment at workplace laws, sexual orientation policies and equal pay have been explored, followed by the role of leadership in inclusion policies. Lastly, the importance of having a code of conduct has been mentioned, along with an analysis of dilemmas faced in ensuring equality, inclusion and effective diversity management at workplaces and suggestions for better implementation thereof. For the purpose of arriving at various conclusions and suggestions, this paper relies on various studies like that of Fortune-500 companies, studies conducted by the Times of India Group, Deloitte, Boston Consulting Group and various other research papers and articles. Thereby, with the overall explanation of the concepts of equality, diversity, inclusion and diversity management, along with its relation to success; analysis of various laws on issues and it’s challenges, importance of leadership and code of conduct; and the exploration of dilemmas and suggestions; this paper moves to highlight the need and importance that an organisation needs to place in customising its own inclusion and diversity management policies to ensure that all diverse groups feel included and a safe and supportive work environment is established.

The Proxima Causa Rule is a key principle of insurance and is concerned with hoe the loss or damage actually occurred and whether it is indeed as a result of an insured peril. In a contract of insurance, the liability of the insurer is determined on the basis of this rule. The cause should be direct, dominant, operative & efficient. This is originated from a legal maxim “injure non remota causa sed proxima spectator” which means that “in measuring the damage, only the proximate cause is to be considered and not the remote cause”. This implies that if the cause is covered by the policy, the insurer is liable for loss and the peril or cause is excepted (i.e, not included in policy), the insurer is not liable. The assured, should prove the proximate cause that resulted in loss. If there is any Warranty or express condition which is excepted, the insurer should prove it. No insurance claim can succeed unless the loss is proximately caused by a peril insured against. If the loss is brought about by only one event then there is no problem in settlement of liability. Since there is no statutory definition for this term, the author in this paper attempts to highlight the plethora of judicial pronouncements dealing with this rule. It also focuses on the concept of waiver and burden of proof within the contract of insurance.

Quinn v Leathem [1901] AC 495, is a case on economic tort and is an important case historically for British labour law. It concerns the tort of "conspiracy to injure.” The case was a significant departure from previous practices, and was reversed by the Trade Disputes Act 1906. This short paper presents the facts and judgment of Quinn v Leathem and its outcome in the environment. Furthermore it also states the economic evaluation of the case. In this case Quinn's appeal was dismissed because the Court determined that his conspiracy to unjustly and deliberately convince Leathem's own workers and customers to stop working for/buying from him was actionable only if damage was proven. The case conveys that while people can gather lawfully (even if it harms others' interests), it becomes illegal if the gathering is exclusively for the purpose of inflicting harm to another. Any deliberately committed infringement of someone's legal rights (whether contractual, tortious, or otherwise) with no explanation or justification is liable in tort.

Crime in present time has taken a very disgraceful form. It is motivated by various factors like revenge, oppression, love, mental disorder etc. Society and civilisation without animals will be next to impossible to imagine given our dependency on them. But, when crimes are bestiality are being committed against animals, how low can the mankind stoop. The author tries to find out how a does person take the route of committing crimes like bestiality. The author tries to find if such crimes are an outcome of sadistic behaviour of a person. The crimes mentioned above are heinous in nature, but the author seeks to find if the sadistic behaviour of the person can be used as a shield and hence, used as a defence of insanity or not. Since bestiality is act that goes unnoticed, there has to be a new law that specifically deals with animals and various types of atrocities committed against them.

Women’s safety has always been a huge concern within India. As per the reports published by to the National Crime Records Bureau Report on Crime in India, there has been a 7.9% increase in crimes against women in 2019 in comparison to 2018. Majority of the cases in crimes against women under the India Penal Code were registered under ‘cruelty by husband or his relatives’ (30.9%), ‘assault on women with intent to outrage her modesty’ (21.8%), ‘kidnapping & abduction of women’ (17.9%) and ‘rape’ (7.9%). Therefore, to prevent such atrocities against women, several provisions have been enacted within the Indian Legal System. This paper aims to discuss the nature of the various legal provisions in place for women with regards to Domestic Violence, Rape and Sexual Harassment.

Purpose of study: This case comment aims to contribute to a historical judgement in the Indian legal system. This judgement not only legally declare LGBTQ community as third gender but also redress the injustice of the transgender community who endured since years. It is observed that the basic human rights entitled since birth bestowed under the constitution are equally applicable to all the citizens including the transgender people and gave them the right of gender identity which was not given to them earlier. To analyse and examine the case, main issues arise are: Whether the Transgender community need to be identified and categorized as “third gender”. Implications: This case comment will through a light upon the struggles faced by the LGBT community since ages. But now situations have been changing through judicial pronouncement in the welfare and development of transgender people. The court has given decision to treat transgender people as equal as men and women. This case has indeed created a history, by giving the identity to transgender people as third gender. This judgement is just beginning of new path of justice and equality in India.

“The state is a male in the feminist sense”. Catherine Mackinnon, in this statement, critiques the masculine nature of the state and its ignorance of a woman’s agency. Using this statement as a point of departure, this paper is premised on the argument that the state and its organs are blind to the rights and liberties of a women. It seeks to analyse this statement in the Indian context in light of the Indian abortion laws. It primarily argues that the abortion laws in India are rather masculine, and are often used to control the sexuality, agency, and choice of women (the term “women” is used in a non-exclusive manner and the arguments in this paper are inclusive of everyone person who can bear a foetus). The Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy (Amendment) Bill, 2020 will also be discussed to ascertain the extent of their masculinity. The paper will also engage with some masculine acts of the legislature and judiciary which have resulted denying women their basic human rights. Finally, it calls for the coming of a feminist or women centric state, that is sensitive towards and conscious of the rights and autonomy of women. This paper, therefore, critiques the socio-legal landscape that shapes this male perspective of the state, and appeals for a more women-centric state where women have the exclusive autonomy and choice with respect to their body.

In the era of 21st century, the role of mass media and internet plays a vital role for the healthy development of a children in this modern period against the consequences of excessive use in exploring age restricted media. However, internet is both a source of promise for the children where it provides enormous range of positive information related to education materials. Apart from it internet has also have various disadvantages where the children of now a days has become the technology freak, most of time they spend hours to hours time in online exposure in sexual websites and other material due to these misuse of technology it has been the most concerning factor of increasing cyber crime. The mainstream of mass media includes television, magazines, movies, music etc, provides increasing portrayal contents of sexuality. online child pornography has not only become an industry, but also has led to sexual exploitation and abuse of children in worldwide which effected socially, mentally and physically. In this study, we will examine a recurring pattern of scientific concern regarding sexuality in the media. Furthermore, we will discuss some overarching theories that help us to understand the expression of sexuality in mass media. Although the Internet is different in many ways from preceding technologies, we conclude that expressions of sexuality on the Internet are not fundamentally different from earlier technologies.

Although there is broad empirical understanding on the need for action to avoid global warming and potential ecological calamity, it would undoubtedly prove more intricate than it expected to be to establish and enforce global warming policies. Emerging economies face as much as 10 per cent losses in working hours because of deteriorating thermal conditions in the workplace due to climate change, according to a new report. The reasons are the complexity of the danger and the extreme conflict between the danger and the types of issue which democratic governments usually face. The greenhouse effect in particular presents significant challenges for the mechanisms for creating a community and for having developed industrial economies able to compromise. This article explores facets of global warming policy at international level and discusses some of the main environmental, political, and social dimensions of industrial democracies' reaction to the challenge of global warming to date. Overall, I try to make it clear with this article and make it clear that climate change leads to heat stress in the world of work must be tackled, above all, by promoting occupational safety and health, social dialogue, and structural transformation in agriculture, and by encouraging the development of responsible and sustainable, or “green”, businesses. An integrated approach was also taken in 2019 by the Global Commission on the Future of Work, which highlighted the need for a universal labor guarantee that includes health and safety standards in all places of work.

Online trading is becoming more popular every day, making safety the primary issue while dealing electronically. The Digital Signature approach is important for securing transactions over open networks. It can be used in a variety of ways to secure the integrity of data sent or saved, as well as to prove the originator's identity to the recipient. When transferring data, the user must ensure that the original data is not tampered with in the process of moving it from sender to receiver. In order to assure security and avoid fraud, it has also become necessary to authenticate users on a regular basis. There are many various methods of online identification, with digital signatures being one of the most powerful. A study is conducted in this paper to determine the use of digital signatures and people's attitudes toward them in developed and developing countries.

The requirement for an autonomous body such as the Supreme Court to preserve the fragile balance of governing forces allocated between the centre and the constituent units and to negate any effort by either faction to penetrate the territory entrusted to the other is one of the fundamental characteristics of a federal state. The courts in India, the SC and the HC, have an extremely significant portion to play in establishing and evolving “Indian Federalism”. The courts have commonly appreciated a lot of authenticity according to governments just as common society, particularly in the post–inner crisis era. The administrative organizational equilibrium has gone through a change in outlook as in after the 1980s, and particularly the 1990s, the administrative framework has come to be driven to a great extent by the judiciary, though in the pre- emergency times, it was driven generally by the leader and the lawmaking body. The judiciary have commonly upheld centralistic qualities, yet as of late, there has been a more prominent propensity to ensure the states, at any rate in some significant fields, for example, the authority of the union to assume control over provincial administration under emergency proviso of the Constitution. The SC is penetrating into a new age, disposing of long-standing lawful doctrines to reshape the connection between the provincial and the central government. Judgements of the SC continually reshape the forms of federalism and influence the forces and obligations of the states. The Court is building its own version of devolution, in parallel to developments in the legislative and executive branches of government. This paper offers an analysis of how the Supreme Court protected federalism during the pre and the post emergency era by various judicial judgements.

When the Constitution of India came into force in the year 1950, it guaranteed the freedom of speech and expression. However, this right is subjected to exception as provided under Article 19(2). Censorship of the media comes under the ambit of this “reasonable restrictions”. On the basis of Information Technology Rules of 2011, anything that is considered as a threat the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order, constitutes objectionable content. In this era whereby the world has became a global village, internet has become an integral part of our day to day life. Once it was considered as a luxury, now has become a necessity. The physical world has been turned into a virtual world which has also been witnessed during Covid-19 pandemic. This form of online media has both pros and cons. Despite of all the potentials, there are numerous factors which if not controlled, may threaten the peace in the society, since these online contents have the potential to affect the society and the young generation, if not controlled, in a malicious manner. Online entertainment, which is just one click away, people from all the age groups are exposed to it. It becomes interesting to look into the details with regard to how reasonable and feasible it is, to restrict the “objectionable” content available on the online media.

Intellectual property has always been an expanding concept. Music has been acknowledged and protected under the copyright system from the 19th century. The protection of music as an intellectual property received attention in the wake of illegal publishing of musical works. As such both performers and owners of the music were denied the benefits of the work that were due to them. There are numerous ways in which music piracy can be countered. The legislative framework has failed to bring about a clear elucidation to the problem. These can, however be dealt with, by making certain modifications to the enforcement mechanism to fill the lacunae and there must also be an incorporation of policy changes to counter music piracy.

The Constitution of India is the supreme law of the land, and thereby all legistlative and exeutive actions are required to be consistent with the constitutional provisions. Right to free speech guaranteed under Art. 19(1)(a) is the most basic, inherent and natural right which is acquired by man as soon as he is born. Thus right to freedom of speech and expression is the most basic human right, the suppression of which amounts to a gross violation of human rights and cannot be tolerated in any modern democratic system. Free speech is not always protected under all circumstances. Section 124A of the Indian Penal Code, 1860 imposes a restriction on the right to freedom of speech and expression of the people by criminalising any form of expression of which brings hatred or contempt or excites disaffection or even attempts to excite such emotions towards a lawfully established government in India. The punishment prescribed under this section seems rather absurd as accused under this section can be punished even with life imprisonment. This raises a question as to its efficacy in the modern democratic system. The need and relevance of this section in an independent and democratic India is endlessly debated. There have been instances of misuse of the law of sedition before and even after the independence which has led to serious concerns as to whether such a law is required in the present day. On the other hand, USA government is based on the ideals of democracy and right to freedom of speech and expression is guaranteed by the First Amendment. In spite of its liberal and democratic values, the law of sedition still exists in the US till today, though the US Supreme Court has read down its scope over a period of time. The act of sedition was first made a punishable offence in US by the passing of the Sedition Act, 1798. This Act was however, later repealed in 1820. Due to the disturbed international political situation during the World War I, the law of sedition was again reintroduced in the USA in 1918. The law of sedition has survived violent criticisms from various sectors of public in both India and the United States. Both the countries are largest democracies and yet their penal law are characterised by the presence of the age old law of sedition. In this paper, the author attempts to analyse the present sedition law in the light of Article 19(1)(a) and look for answer as to whether such a law is required in the present Indian scenario with a comparative study on the law sedition existing in the United States.

With COVID-19 severely affecting the world economy resulting in its potential downfall, crypto market seems to have gained huge popularity in the past few months. Technology is exponentially evolving overtime and people like to stay updated with the latest trends. Cryptocurrency has emerged as a type of open-source based digital or virtual currency which is neither administered nor centralized by the State. Traditional currencies are subject to a great deal of regulations governing them and are also prone to counterfeiting. Cryptocurrencies till now remain unregulated and it is nearly impossible to forge them as they operate on the blockchain technology. So a prominent question which arises is why people are still afraid to invest in cryptos or why is it that the Indian government wants to ban them and introduce CBDC (Central Bank Digital Currency) and what is it about the new Digital Currency Bill and its impacts on the crypto-market. This article throws light on identifying the scope of the term ‘currency’ as defined under the laws and analysing whether or not cryptocurrencies fall under the purview of the same. It also focuses on understanding the need and mechanism of cryptocurrency with its thorough interpretation with regards to Indian Legal perspective.

We have tried in the present case to analyze and to summarize the facts and judgments pertaining to the case and law applied in the case. Also the law of evidence of case is studied along with the judgment of the case in order to better understand and to critically analysis of the relevant portion of the original judgment in light of the decisions relied upon while delivering it and the decisions which relied upon the original judgment is done to evaluate the impact of the judgment .Researchers in this case have tried to present the case in a short and summarized manner.

An acid attack involves the premeditated throwing of acid on a victim, usually on her face. It is a gender-based heinous crime against women. In addition to causing psychological trauma, acid attacks result in severe pain, permanent disfigurement, subsequent infections and often blindness in one or both eyes. According to the National Commission of India acid attack is “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage to any part of the body of such person”. As per the study, it can be concluded that the acid attack incident is for refusal to marry, rejection of love or for any personal causes. Acid attack on women is increasing day by day, basically on the girls in the age of 11-30 years. The easy accessibility of inexpensive acid makes the perpetrators to use it as an ideal weapon against this heinous crime against women. Illegal sale and purchase of acid are considered as non-bailable offence, still it is readily accessible in all most the grocery and hardware stores in urban and rural areas. The most common types of acid utilized in these assaults include sulphuric, nitric, and hydrochloric acid. Attack by acid rarely kills a human being but it causes severe physical, psychological and social scarring. The research shows that most of the respondents to acid attack who had faced the violence had faced other form of violence like cast-out from the society, difficult to arrange marriage, employment problem, etc. Several community awareness programs are being conducted by local authorities and administrative departments, to make people aware of this heinous crime.

The past is a repository of all the experiences, achievements, discoveries and struggles of humanity. In fact, it is through our past that the present traces its way to us. If we come to think of it, in true sense it is all a continued reality. One such continued reality is of the hardships faced by dalits in India at the hands of brutal caste segregation. The book that I chose to review is called “Black Lilies- an Anthology of Telugu Dalit Poetry” by K. Purushottam. It is a collection of poetry written over a span of more than a century by telugu dalit poets (translated in English by the author himself) who were systematically and continuously ignored because of their places in the set oppressive social hierarchy. The idea and intent that went behind the creation of this anthology is what fascinated me immensely as it talks about giving a ‘voice’ to those who were forcefully muted at the hands of discrimination and bias. What makes it even more interesting is the use of poetry to display facts, express emotions and demand rights. In order to truly understand and appreciate the essence of this creation I have tried to pay attention to not only what is ‘said' but also what is ‘intended’. I have divided this review into parts and categorically discussed each and every aspect of this book and finally after talking about all these facets, I have come to a conclusion, my own understanding of what it conveys and what it stands for. To state in one line- this book tells a story of an expedition; from destitution to demanding of rights.

Freedom is the entitlement provided to every citizen of a country. Extension and interpretation of freedom have been a topic of discussion for all these years. Globalization and the development of society have made the extensions to freedom and this century, cyberspace and free speech have become a topic of discussion for everyone. Cyberspace governance concerning freedom has become a topic of deliberation. This paper tries to highlight the same issue in general along with their status of governing cyberspace and the issue of free speech. The paper argues that India's interpretation of free speech must be inclusive of cyberspace and also advocates a strong need for cyber governance authority in the country to govern cyberspace. Recent case laws need for cyber governance, and adaptation of policy in India is the main topic of discussion and deliberation. Challenges and deliberation of cyberspace along with community tool creation issue have been a point of discussion and concluding remarks concerning the same is trying to justify the freedom which needs to be interpreted beyond the traditional spheres as the need of the century.

The Constitution of India provides many fundamental rights under Part III. According to the Article 21 of the Constitution, “No person shall be deprived of his life and personal liberty except according to the procedure established by law”. Here the question arises that whether Right to Life includes Right to die? If the answer is Yes, then why patients suffering from diseases like cancer suffer lots till their death. A patient who is already living with the support of ventilator and is depended on others for everything, then how can we say that such person is living with his dignity? It might be exaggerating to say that the issue of authorizing right to die is done and there is any assumption for putting it into an establishment in the near future. Making a law isn't an answer on each troublesome we face in regular daily existence. Mercy killing is authentically not a run of the mill situation anyway a critical phenomenal condition. One out of thousands situation clinical specialists go over occurrences of patients with determined conditions, where adamant eradication is considered. It's definitely not an average case It is more astute to left the issue with the judiciary, until we set ourselves up genuinely and essentially to recognize it, as an element of our life.

We live in an admirable nation, India and what governs our nation is our Constitution which is that the supreme law of the land. Right to freedom of speech and expression is guaranteed under art. 19(1)(a) is one among the significant rights enjoyed by our citizen. Media, which is one among the influencing organizations have enough intelligence to utilize these rights. Thus, Media is taken into account to be the backbone of a democratic country like India. Trial by Media is one the foremost indescribable attempt made by the Media by declaring the accused guilty far before the decision of the court. Hence, Media has personified itself into a “Public Court” which is popularly referred to as “JantaAdalat”.

As the whole world is struggling through this delirium state of nature due to COVID-19, our justice system has been unflagging towards its zealous duty of delivering justice. In a very short span, it has adapted to all the uncertain norms to fulfil the tall order of running virtual courts. As coronavirus flooded and lockdown extended, a hint of vicissitude was extremely necessary for the probable future. We are residing in a digital era where the scantiest needs are fulfilled with the help of technology and tech-savvy people. Though the idea of merging technology with the administration of justice was decided way back in 2005, it is because of the pandemic that its immediate need has been felt. With the realization that pandemic is here to stay, virtual courts have been a topic of recent discussions. Since virtual courts seem to provide an alternative to our physical courts, there are some other appalling issues that need to be confronted. As we will see further, we encounter the harsh reality that the majority of the population lives in an underprivileged section of society. Working from home has come with grave difficulties for many advocates and judges and they are simply helpless under the garb of preposterous inequality. Though these artificial setups have provided a new way to seek justice, it is extremely important to confront some issues and questions regarding the constitution and other procedural laws in the country. This piece serves as a repository of information regarding virtual courts in India. From its history to its current position. The article also takes cognizance of the various suggestions, recommendations and solutions to address the concerns regarding virtual courts. It is an endeavour to understand, analyse and review the relevance of virtual courts, paving way for further contribution in this unfathomed field of research.

With privacy just finding its tenets under the right to life and liberty, alongside it being accepted as a pivotal part of survival, every speculation regarding privacy; being online or offline is under scrutiny. Privacy means, holding and cradling the security of one’s information, so that it is unsusceptible to unwanted viewers and its vulnerability remains unaffected in a cyber-attack. This abstract provides a brief overview of privacy as a concept intricately connected to an active social media user, the worry behind attributes that can affect the privacy of the user like data scrapping, leakage of personal data, social tracking, breach of data protection by social media giants and a comparative analysis of countries around the globe and their personal privacy laws. The subsequent article would also deal with an in-depth study on-Whether passwords ensure the privacy of information and personal security? Whether usage of location-based services is safe? Whether the layman is well informed before he participates on social media and whether programmers benefit due to misinformation of the general public mindset? Moreover, how is one to address the growing concern with respect to social media harassment including active and passive attacks in the light of an ineffective redressal mechanism? A revelation, pondering laymen come across is that, where exactly is privacy if not at home? when the same device used for logging into social media is allegedly suspected of catching personal verbal musings and overhearing conversations carried out in utmost privacy.

Climate change has been a severe issue for a quite a while now and has now become a haunting reality.There have been reports and predictions regarding the changes in patterns of weather which would result in decline in production of food, rise in sea level resulting in floods. There have been reports and future predictions of changes in patterns of weather that decline the production of food, to sea level increase that might lead to floods. The effects of climate change affect the world as a whole and can get out of control in no time. However, the most vulnerable sector to climate risk is agriculture.Climate change will also affect the agricultural sector and the entire farming procedure, leading to major consequences in the economical sector too. The contribution of agriculture in employment of Indian population is 58% and in GDP is 15%. The paper to achieve the purpose would do so in broadly there folds. Firstly the paper strives to showcase the various reasons associated to the climate change and its direct impact on agricultural sector, primarily on farmer’s rights. To do so, it would take help of the aspects of the conferences involved to discuss the climate change and its relation to economic growth. Indian legislature has passed the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 & The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020. The analysis of this Bill would be made further in the paper as I would enable the farmers to trade cross border and empower them to market their own manufactured produces. The paper would further discuss how with an increasing population and impact of climate change, there is now a greater need of adopting new technologies to mitigate the impact especially by adopting genetically modified organisms (GMO) and other patent-able inventions. Secondly, the scope of the paper stretches out to how the technology plays the pivotal role in the public domain to curb this persisting issue. The New-Age agriculture is heavily relying on smart work and efficiency. There has to be room for more specific invention of technologies catering to agriculture solely. The third fold would also highlight how the traditional knowledge stands in conflict with the rights of local people and how these issues can be balanced. The authors will analyze a few successful case studies to understand different strategies adopted by farmers to boost their production. The paper conclusively discusses the future scenario of the climate change impact. The paper will highlight the need of land for agriculture in addition to sustainable development is essential for increment in worldwide food creation which will need to originate from intense farming practices and mechanisms to boost agricultural production with the help of relevantt intellectual property laws.

The aim of this paper is to critically analyse the comparison amongst different countries in terms of Industry-University Technology transfer. While doing so, the paper seeks to first unfold the mechanism of such collaboration. It will further discuss in detail the current scenario of a mechanism in the IPR sector and its relevancy. The purpose of this research is to showcase in detail how such a concept of transfer of technology is being incorporated in different countries of India, EU, USA and UK. It will further have an empirical analysis of how different is its use and impact in one country from the other countries. With the progress of this paper it will delve into the background of technology transfer in these countries and how it was eventually adapted by IPR. This paper also targets to discuss in a nutshell the types of technology transfer and the commercialisation aspect of it. For this the paper shall also showcase the some aspects of knowledge transfer and the impact of the collaboration on the global economy. The current approach of the authors also aims to make a comparative analysis of the advantages and disadvantages that such technology transfer is leading to these countries and how such lacunas can be overcome by adapting innovation and implemented laws of the other countries.

The aim of this paper is to explore and connect the dots by an up-to-date analysis of Artificial intelligence, innovation, its dissemination, and AI based IPs. Advanced mechanics innovation & the expanding refinement of Artificial Intelligence (hereinafter referred to as AI) with critical development possibilities taking into consideration its potential to modify existing economic and social aspects of everyday life. This paper delves into the domain of comparative analysis mainly in the US and Europe. In furtherance of this, discussing the role of WIPO (World intellectual property organisation) acting as a catalyst in the evolution of AI based IP’s. Also, focusing as to how the governments plays a major role in supporting AI innovations, may it be through judicial decisions, basically implicit, de-facto requirements. The essence behind providing the right of patent was to exclude any third-party from using the proprietors technology without their permission and in consideration get royalties for their hard work. In light of this, the highest number of filings vis-a-vis AI’s have taken place in US, China, Japan and Republic of Korea. Earlier the electronic and automotive industries were considered to be the largest patent filers, however, lately a drastic increase has been observed in the domain of Internet of things and medical technology. Trade secrets have always had their way as a tool for proper innovation. Finally, discussing inevitability of technological singularity and whether AI inventions or innovations are worthy of being IP protected.

Criminal justice delivery system is an umbrella term altogether. When it comes to women, it can be understood that their involvement in the criminal justice delivery system is very trivial as compared to that of men. There is usually a preconceived notion that women tend to commit offences of lesser gravity; and the involvement of women with crimes is like a far fledged idea. The general idea is that, if at all women commit offences, it would be of a minor nature. This perception has been so stuck in the minds of people, that once a commission of a crime by a woman is reported, they tend to see it as something which is unnatural. However, as compared to the earlier times, the women’s involvement in committing crimes, and the number of women offenders have increased in a large scale.

The humane treatment of prisoners of war had not become a concern until the second part of the nineteenth century. Many of the hardships that prisoners suffered during World War I were not prevented by the Hague Regulations, but they did provide a rational foundation for regulation.. The regulations' main flaws were a lack of definition and the lack of any enforcement measures, in addition to failing to foresee difficulties that developed during World War I. Following the First World War, a Geneva conference enacted new, more complex laws. The new rules, like the old ones, were not prepared for the new kinds of conflict that emerged as a result of their acceptance in the Would War. Further, the cases of Dharam Pal Singh, Major Ashok Suri, Flight Lieutenant K Nachiketa have been discussed.

India had a Patent Act which was a master piece legislation on Indian soil with deep rooted sentiments of Indian culture and traditions which did not provide for the product patents until 2005, It stood as an example to many countries which was able to protect Intellectual property and balanced the public interest which put the Indian Pharmaceutical companies to take advantage and helped in manufacturing the medicines at a very low cost of production. Apart from the Modern times and the growing phase of intellectual property rights, India had never practiced and believed the concept of intellectual property rights which can be utilized for earning livelihood, some of the good examples have been traced above. Though there are almost no examples of Commercial utilization of intellectual property in ancient times but if in cases these secret inventions are used for commercial purpose and fail to serve the purpose of welfare, these secrets were directly disclosed to everyone rather being commercially used anymore. This concept has led the Indian society follow the principle that if any invention or a new thing is invented or found must be donated or dedicated to the society’s welfare instead of using it for personal benefit. This article therefore deals with exploring the concepts and practices of Intellectual Property specifically Patent Law from ancient times to British rule and then growing to modern life, its use in the society, its amendments, its growth as well as the overall development of society with changes beliefs and customs.

The present article deals is a critical analysis of the problem of illegal immigrants ,their causes and solutions (legal) and critically analysing the Indian condition . illegal immigration has became a global issue Migration is not a new phenomenon. It is, however, more than ever before, a global phenomenon that is closely related to a number of other globalization processes in both its causes and its effects. One out of every 35 persons in the world is a migrant, or almost 3 percent of the global population. People tend to take illegal measures to cross territories because of the difficulty in acquisition of permits. Smuggling and human trafficking, are one of the most common means of illegal immigration. The rise in the illegal immigrants is due to the factors including interstate violence. Unstable governments , bad economic conditions etc. the major waves of immigration is seen in the su-saharan Africa, countries in the Horn of Africa region , Latin American countries , Afghanistan and countries in the southern Asia namely Indonesia.

The settlement of disputes outside the court system was in existence from the Vedic Period. The Panchayat was entrusted with the duty of dispute resolution which occurred within the jurisdiction of the village. The role of Mediator also found during Vedic period in the name of Madyamasi. The Darmasutras also had a mention about the system without the court interference. The development of modern system of justice leads to the growth of new system of dispute settlement through Court System. The history of the Arbitration has been traced back to Vedic period. The existence of today’s system had a great foundation upon the system of dispute resolution as found in various periods. The prevalence of Arbitration s a binding mechanism is got recognised by way of statute. The Arbitration and Conciliation Act of 1996 also reveals the system of dispute resolution procedure. Later the Code of Civil Procedure has recognised the Arbitration system by way of Amendment. Based on the amendment the High Courts also framed the rules for conducting the Arbitration proceedings. The domestic law of India is drafted in compliance with the UNCITRAL Model law on International Commercial Arbitration to have uniformity of Arbitration procedure in the global level.

Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged; including concerns related to separation of powers, judicial capacity, and inequality but has proved to be a legal weapon in the hands of higher courts for protection of environment & our judiciary has certainly utilized this weapon of PIL in best possible manner. The paper analyses the significance of PIL and role of judiciary in strengthening it. The paper also evaluates different contours of judicial activism referring to various landmark judgments.

The DNA of one organism is inserted into the genes of an unrelated species, generating the desired trait in every cell of the target organism and producing genetically modified food. This genetic engineering is having some benefits but create social and ethical challenges for the society. In the process, scientists created a technology that has deformed into a creature of economics, of the privatization of the natural world, and of international trade. It is obvious, that the next frontier in the issue over genetically modified organisms (GMOs) distinct itself in the reference of intellectual property rights. Policy makers should use a broader view to examine the critical implications for the international community and reshape this application of intellectual property in line with the long-term public interest. The problem is not that genetic engineering technology subsists, but how that technology is being used. This article has raised for discussion some important issues to consider as to social and ethical dimensions of the technology and how it is being utilized.

Globally, the feminine counterparts of men were “allowed” to be a part of the police force some 30 years ago. This meant the system did not have the required experience and the adequate knowledge on the dos and don’ts of ensuring a smooth induction of women police officers. While the responsibilities they donned differ, it remains pertinent that women are made to integrate into these diverse systems with the basic understanding that they are in fact, women. Being a woman officer for example, comes with its own required welfare policies that cater to the needs of their gender. This brings to notice the role of their involvement in the force, in the prevailing backdrop of the alleged norms, values, and attitudes toward women in different societies. This paper attempts to bring a close eye on the reality of welfare policies and how it is effectively linked to more and more women dropping out of service.

The world was unprepared for a disease of this massive proportion that spread across borders and beyond oceans. The COVID-19 pandemic exposed multifarious pre-existing discrimination against the vulnerable groups. For some of them, it further exacerbated their sufferings which ranged previously from socio-economic, political to cultural in nature. It affected some parts of the population more than the others, this article addresses the impact on a broader range of vulnerable populations, including those who were struck worse than others such as the LGBTQIA+ community, who suffered economic issues like job loss higher than the heterosexual individuals and increased level of violence due to being homebound. In the conflict regions the law and order situation is chaotic and disruptive. There has been a shortage of healthcare facilities and with the rapid influx of patients & insufficient staffing, health care workers in these areas are overburdened. In the heavily packed camps and detention centres, combined with the ongoing problem of lack of hygiene and health resources, catered the spread of COVID-19 virus. Indigenous population have a dreadful pre-existing stigma attached to them which makes it difficult for them to seek the medical assistance required in times like this. The increased border restrictions have had an impact on migrant mobility, with some cases being reported of them being forced to walk to their native places, people living in extreme poverty. The elderly population, children, and adolescents are also one of the groups highly vulnerable to the virus. This article also discusses the universal right to health with special emphasis on these vulnerable groups. Right to health has been discussed through various International Conventions and Legal framework.

Rape is one of the most shameful and heinous crime against woman in the world. With the increase in number of rape cases, rape laws are getting stricter day by day. This article aims to provide the brief introduction of rape, it’s punishment and the rights available to the rape victim. This article consists of 5 parts i.e.- Introduction of rape, Ingredients of rape, Circumstances under which the situation is rape, Punishment for rape including punishment in other countries and Right of rape victims. This article shows the new changes in the rape laws by the Indian Parliament and the Indian Judiciary.

Gender discrimination is a problem faced by women all over the world. Indian society is no exception to this and in recent years many steps regarding it have been taken by the legislation and the judiciary of India. This paper deals with the role that Indian judiciary played in the advancement of women in the society through its various judgments and progressive remarks. It plays an important part in providing the benefit of legal provisions to the people. Judiciary uses its discretion as well as judicial activism to support women empowerment.

"Educate you women first and leave them to themselves, they will tell you what reforms are needed”- Swami Vivekanand. In this article, our main focus is on education. Which is key to non -violence against women. Our Indian constitution also makes sure that everyone gets equal education irrespective of their gender. Article 21(A) talks about the right to education and equality of education for everyone. Our constitution maker long year before predicted that the education is the only sector which inspires millions of life. If everybody gets educated that would be the most pleasant surroundings. Then nobody will have to live under threat girls can move out even in night fearlessly they can pursue night shift job. If we want to educate every single person then we should make sure that enforcement of article 21(A) Article 14, Article 15, Article 20, and Article 16 are properly implemented on the ground. We should aware more people about the importance of education first, most importantly people need to aware of the fact that a girl child is not a sin, female genital mutilation is illegal that affect the girl’s body very badly as it may cause any serious health disease which may lead to death.

The Capital markets plays a significant role in developing a nation’s economy. It has been seen among nations, that a well-developed capital market is nothing less than a nation’s true asset. In today’s world of corporates, IPOs have become a means to promote the valuation of the company by bringing in huge sums of money from the general public in return for a small piece of the company’s ownership. An Initial Public Offering (IPO) is a public offering that is issued by a private company to raise capital from general public to become a public company. This provides the investors a golden opportunity to enter the capital markets at an early stage, which may lead to better returns in the long run. This paper aims to provide an understanding of the concept of IPOs in the capital market and state the eligibility of a private company to launch such an IPO. It further talks about the pricing of every IPO and helps understand the allotment mechanism of such shares to the general public upon application. This paper also provides with an empirical research to help understand the perspective of individual’s towards investors towards IPOs.

Technically, it is not possible to ascertain the future or avoid various serious hazards events like for example, fire, disability, and premature death, and many more complicated hazards. This is where life insurance plays a major role in the life of individuals. The main functions of life insurance in its countless forms is to authorize individuals to prevent themselves against particular misfortunes by spreading the loss to the person who agreed to coordinate with each other at the time of loss incurred by making endowment to the familiar fund. Yet, In India major population does not have a life insurance. The aim of the paper is to understand the meaning and functioning of life Insurance. It helps us in understanding why it is necessary for individuals to be insured and its relevance to the economic condition of India. The study method is an empirical study which helps us to understand the perception of general public about life insurance. This study is especially important in these times of Covid-19 where uncertainty and risk to life are at peak in this pandemic. The knowledge about the life insurance is necessary to change the mind set of people about life insurance policies. The study focuses to learn the consumer perception about life insurance policy and the awareness about it in a practical view.

As long as humans exist, so will trade and disputes. It is not yesterday that ODR was invented. ODR is not an isolated phenomenon of recent times but a result of the evolution of disputes and dispute resolution. Initially, disputes occurred between parties with geographical proximity and for which traditional courts were the principal way of resolution. However, as people started to travel further distances and communicate from afar, disputes evolved as they increased in number, became more complex, and increasingly cross borders. Dispute resolution evolved in parallel and Alternative. ODR arose from the combination of ADR and the Information and Communication Technology (ICT) of the digital era. The article concentrates on explaining that what is Online Dispute Resolution. Further, if we start using this real yet intangible space, the various advantages it offers and the drawbacks related to practical challenges of communication, challenges regarding authenticity, data security, and confidentiality, and finally, challenges in enforcing ODR decisions.

The idea of individual freedom is anything but a straightforward or disconnected issue. Its security through law definitely clashes with other significant qualities. Accordingly, in this paper, I will in general illuminate the current referencing of individual freedom in the Constitution of India. Likewise, the light of giving equity to each resident of India. The article talks about the concept of liberty in India. According to the constitution, the protection of our liberty is the responsibility of our law. Personal Liberty includes right to privacy, right against cruel punishment, right to fair trial, right to travel abroad, etc. The article mentions various types of liberty and different meanings given to it by different philosophers. The article has talked about the constitutional provisions related to it. The author has mentioned the reasonable restrictions under it in brief. Further, it talks about the landmark cases, various judgements of Supreme Court on this concept. It also talks about the evolution of law related to liberty. The author concluded by mentioning some of the safeguards that are essential for the protection of liberty.

There have been numerous and inconsistent attempts to refurbish and adapt the arbitration code in India in order to make the nation congenial to arbitration. The jurisprudence on the arbitrability of disputes have not yet been well settled and has remained inconsistent time and again even after several attempts by Indian judiciary. One such step in the right direction in deciding the arbitrability of landlord- tenant disputes, which had long pendency has been the Vijay drolia II judgment commenting on the jurisprudence of the same. It has required the essential four -fold test to decide the arbitrability of disputes, with respect to not only tenancy matters but also other questionable subject matters. This paper seeks to examine the test, and analyze the same with intent to further discuss the facets of the same. It seeks to highlight the past infamous attempts commenting on the jurisprudence of arbitrability which led to several misinterpretations and factors leading to the Durga Trading test by the hon’ble Supreme Court putting an end to the saga of long due debate on arbitrability of tenancy disputes.

Environmental migrants are persons or groups of persons, who, for compelling reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions, are obliged to leave their habitual homes, or chose to do so, either provisionally or permanently, and who move either within their country or abroad. It is said that by the end of 2050, this constant exhaustion and volatility towards climate migrants, there will be 200 million climate refugees with no protection from the harsh circumstances they will have to face. There is a major culture lag in the acceptance of these refugees owing to nationalist and anti-immigrant sentiments. One of the major stakeholders in this tussle between survival and displacement are women. Due to the patriarchal nature of the society, women are forced to circumvent and mitigate the consequences of climate induced displacement. In this attempt, there is a large-scale violation of their rights such as sanitation, health and educational rights which further restricts movement in societal structure. This paper aims to highlight the feminist perspective of the struggles of climate refugees and attempts to highlight the unanswered questions that are put forth time and again. It also seeks to provide suggestions and answers to aid in safeguarding the rights of these people to uphold the morals and ethics which we as a society have vowed to uphold.

This paper deals with New Farm’s Bill which is recently introduced by our legislation also there are various topics of investigation which is covered by us like APMC Act, which were adopted by 16 States in 2016 for the benefit of farmers and now there is a need for amend the APMC Act, therefore in this paper, also deals with what is the need of reform and what are the consequences after the reforms. For the reform, there were three bills were introduced as: - The Farmers Produce Trade and Commerce [Promotion and Facilitation] Bill, 2020. The Farmers [Empowerment and Protection] Agreement on Price Assurance and Farm Services Bill, 2020. The Essentials Commodities [Amendment] Bill, 2020. The objectives of these bills are: - To allow the farmers to sell their goods outside the registered mandis as APMC. To allow the farmers to enter into the agreement for strike a deal before the actual production happens. To allow the farmers for inter-state trade of the farmer’s goods beyond the region of APMC regulated markets and this provision also prohibit the state government to charge any taxes on outside APMC. In September 2020, there are many controversies arises on the bills after the president gave their assent to the bills. This paper also deals with major findings over why and what are the reasons of protest, what is contract farming also the problems which are highlighted here are if the settlement is done and market price is increasing. Why MSP is given only to some crops and is the MSP is provided still why we find so much of suicidal rate done by the farmers.

In India, the caste system developed and is prevalent since ancient times and it remains as a great thorn in the growth of Mother India. The origin of caste system could be the functional groupings, called varnas, which have their origins in the Aryan society. "According to the Rig Veda hymn, the different classes sprang from the four limbs of the Creator. The Creator‘s mouth became the Brahman priests, his two arms formed the Rajanya (Khastriyas), the warriors and kings, his two thighs formed the Vaishya, landowners and merchants, and from his feet were born the Shudra (Untouchables) artisans and servants. Then, it is believed that the caste system had been adopted by the Brahmins to express their superiority. When the Aryan races swept into India, they wanted to maintain the superiority and so they maintained the caste systems. Gradually the caste system became formalized into four major groups, each with its own rules and regulations and code of conduct, which is being practiced actively, till today and is, where, in one hand preserves the history of Indian culture; deters the growth of the country on the other hand. It is very much evident that, current structuring and formulation process of policies are dependent on the preexisting norms and structures of our society. In other words, history of culture of any land plays as the backbone to its present form. Hence, caste is one of the most prominent features of India’s history, so its obvious to mention the imprint of its presence in todays political scenario. This paper tries to throw light on the influence of caste system in present India, with correspondence to the past. How the caste system have both positive and negative impacts on the country’s development and what was the actual idea while creating caste system and how it is corroding the growth of the country in the present time, are some of the questions which are tried to be answered in this particular paper.

The Insolvency and Bankruptcy Code, was enacted with the primary objective of rehabilitation of financially distressed corporates and came into effect on 1st December 2016. The enactment of the Insolvency and Bankruptcy Code, 2016 (“Code”) has had significant ramifications on the corporate world. Over time, the Code has witnessed a manifold increase in litigation since the Code brought about a paradigm shift from the debtor-in-control method to a creditor- driven process. The provisions of IBC have an overriding effect over other enactments in case of any consistency. To give accord to the IBC, amendments have been made in a number of legislations namely the Companies Act, Income Tax Act, SARFAESI Act, etc. Now, it is pertinent to examine the interplay of tax laws with the IBC. The liquidators and the Resolution Professionals have now and then knocked on the doors of the Adjudicating Authority to ascertain the rights and the liabilities of the stakeholders. The principal question whether the IBC prevails over the Income Tax Act and the Goods and Services Act, can be analysed in view of Section 238 of the IBC, 2016 which states that the provisions of the IBC overrides all other enactments to the extent they are inconsistent with the provisions of the Code. The questions which are taken into consideration in this article are whether the statutory dues come within the meaning of operational debts or not and what is the treatment of the tax laws vis-à-vis the IBC.

Derived from the morphological evolution of Sedition, as an abstractly conceived terminology to being legally restored to the constitutional habilitation, the law has sailed through innumerable sheets of controversies, evaluations and subjective manipulations across various regimes and races of India. As sedition can sought to be a rare yet intuitive eye to check the popularization of the government and the nationalism of its citizens, one might get dilemmatic on its amorphous history, fudged biography and the recent scenarios, it has mobilized highlights with. To compile it in a catalog of cases, churned from the days of its enactment through the diversified seasons it bloomed and banged along to its contemporary paradigms, the paper initiates a comparative but an asymmetrical compound of its historically pronounced evidences, substantiating its ongoing utilitarianism in these politically sensitized environments. The paper accounts for an extraction of its episodic alternations, salient cases and subsequent interpretations. The very ode to deliver a personalization on Sedition through a research paper, came after the Supreme court gave judgment installing certain contours and redefining the law with respect to its recent backdrops. The paper thus, exploits doctrinal methodology to effect a holistic graph of cases. It necessarily remarks the concentrated victimization around academicians, activists, journalists, students and critics for about a century’s' indifference highlighting both the travesty and the legitimacy of its resilience. It aims to enrich the thoughts of the reader with the etymology of this word through the rapidity of its allocation, coupled with factually sequential, comprehensive and statistically backed instances. Acknowledging the uneven parallels, the history of sedition and its political restoration effected into, one must testify the dimensions within the cleavage it provides for operation, from the freedom to speech

Economies worldwide base their existence on a sole entity - consumers. Commerce and trading mechanisms of any economy primarily run on the behavioural pattern of consumers. Such mechanisms have been regulated by Consumer protection laws. These laws have time and again upheld the interests of consumers against the market entities. However, catering to the needs and rights of consumers has never been more imperative for nations than it is today. Speaking of contemporary times e-commerce has become a dominant feature of the consumer landscape and it has singlehandedly increased the complexities of consumer protection. As a response to this, countries and the international community have codified laws and regulations to further protect the interest of consumers in e-commerce. However, these changing times and constant technological advancements pose a threat to the dynamic wellbeing and the inherent rights of the consumers. This paper seeks to analyse the consumer law reforms in e-commerce sector. The author will compare the laws of India with various nations in the light of the international regulations and examine as to how different or similar they are. Thereafter, an effort will be made to determine whether the new laws and reforms have truly led to consumer empowerment in the e-commerce sector?

The present research work focuses on appraising India's language policy, with a vision of breaking down the function of language strategy in the preservation and means of multilingualism in India. What is the scope and nature of multilingualism in India? Does the language policy of India support multilingualism or monolinguals? If the language policy aims to bolster multilingualism in India, then how does it acquire its goals? How is multilingualism maintained in India? The research work will look into the several facets of Indian multilingualism rising because of the enormous diversity of India's societies. This research's primary focus is to give detailed reasoning of Indian multilingualism and look into the nature of India's language outlining and policy. It doesn't make any precise Endeavor for giving a requesting record of intensity signal and legislative issues behind language plan and framework. Nor it makes a try towards explaining several language movements and language riots that arrived in Indian history. Research work also focuses on the Constituent Assembly Debates about India's language problems and the provisions related to the languages in the Indian Constitution with a primary concentration on India's language policy and the implications on teaching. The Constituent Assembly Debates uncover the expectation of different players. The current work is an examination to contemplate the idea of multilingualism in India. It additionally centers on evaluating India's language strategy, concerning investigate the function of language strategy in the support and resource of multilingualism in India. The investigation will investigate a few states of Indian multilingualism rising in view of the high variety of Indian social orders. This examination expects to give a denitive and investigative request of Indian multilingualism. Basically the language policies of India are established to maintain and advocate diversity and multilingualism. The issue is at the application level. Admitting language policy in general backing multilingualism, there are no strict rules for hanging those policies

Dewan Housing Finance Corporation Ltd. (DHFL) is a non- banking financial company (NBFC) which grants house loans to the middle- lower income class families who wants to achieve home-ownership aspirations in semi-urban and rural India. Unlike banks, NBFCs are the companies established under Companies Act, 2013 having the primary and principal business of receiving deposits and with the use of such deposits, the endowment of loans to the needy suits possible. DHFL was incorporated in the year 1984 in the state of Maharashtra by Rajesh Kumar Wadhwan. In the year 2019, Cobrapost popped up as a whistleblower and alleged the financial company to be indulged in illegal activities which incorporates the transferring of depositor’s money to shell companies and further round tripping of those amounts for company’s own illicit and mala fide profits. This research attempts to give a brief explanation of DHFL Company along with the connotation of NBFCs and their working in our country. Further it elucidates the timeline of events including the details of the scam and the way they pulled this scam off. Subsequently it covers the legal provisions attracted under this scam along with the role of RBI in the whole saga. This paper additionally tries to present the loopholes which aided in the execution of scam next to the similar scams encountered in our country. Assisting the paper, the consequences of the scam and the political interventions are also dealt which has led to more clarification in the DHFL scam. Lastly, this research paper endeavor to provide some effective suggestions and recommendations in order to check these scams followed by the conclusion.

Erstwhile, artificial intelligence (AI) system has gained unmistakable prominence in our lives across various platforms and has transformed it considerably. The changes suggest such aspects that are mostly not clear today. In a world, where countries are governed by law and regulations, it becomes important to understand the role of AI in the legal system and how would it influences and modifies it. While exercising self-control in varying degrees, the question of civil and criminal liability for damage or loss resulting from any of its activities, becomes critical. The research identifies major approaches in legislation and legal practice which can be influenced by AI and explores a number of current options: Legal Responsibility of AI, its influence in legal practice and adjudication, its impact on criminal laws, administrative laws and other private legal subject matters. The research highlights the need to have a legal framework can be addressed by primarily deciding upon the nature of entity an AI system is, and accordingly the liability may or may not be shifted from its creators to the AI system in different fields of law. The research is based qualitative approach to study. The materials included are based on organizational reports, journal articles and media sources. The study stood on the comprehensive legal analysis, integrated legal interpretation and modeling.

The jurisprudential differences between the competition law and IPR has time and again understood as being contradictory in their intent rather than being supportive of each other’s objective. Competition law plays a conventional role by promoting market efficiency and preventing market distortions whereas, IPR’s role is to promote innovations by providing protection and rights to requisite IP holders. This paper aims to deal with the conflict between the competition law and IPR providing the legal tensions between the two and expressing the understandings of several Courts while considering case laws from different time frames. It argues that the two legal regimes might be separate in their functioning but the framework of both the regimes is to promote innovation and consumer welfare. Furthermore, it talks about how US, EU and India has dealt with the questions arising out of this conflict; explanation and understandings of the same, considering instances where in both the laws were involved and were seen to be as against the objectives of each other. The paper puts forward certain recommendations for the Indian legal system to seek an agreeable and enclosing explanation for each of two legislations critically analyzing the jurisprudential outreach in India and other countries.

In this paper, we will analyze whether there are some serious problems related to the working of the IT Act on the grounds. As after watching ‘Jamtara- Sabka Number Aayega’ (Indian series), one could see there are some serious problem as it is not even considered as a crime, as it becomes the part of your district’s economy. It is hard to stop culprits from getting bail, conviction are miles away. Phishing is not a normal crime it is the most intelligent crime. The most dangerous fraud that causes by day-to-day banking activity is Phishing. Phisher’s always planned to fraudulently acquire sensitive information like username, password, OTPs and credit card details by masquerading a trustworthy entity. To tackle this, an attempt has also been made to touch the areas wherein, the author’s suggesting what could legislation can do for its transparency and also the aim of this paper is to discuss how other countries like the US dealing with these crimes to put an end.

Right to privacy is always a contestable debate in India. Considering the large numbers of social media users in India, the aspects of privacy are likely to take twists and turns again and again. The new ethics code for digital media by the ministry of information technology has unfolded new layers of privacy for social media users. Various social media entities especially WhatsApp, Facebook and Twitter are getting heavily impacted because of the robust compliance mechanism incorporated into the new rules. The concept of originator has been introduced into the legal arena for the first time in India. The social media intermediaries are required to trace the first originator under certain circumstances. On the other hand, right to privacy has been incorporated as part of fundamental rights by the judiciary. This paper explores the idea of first originator and delves upon the concern that whether the same is in violation of right to privacy of its citizen. The position is clarified long back that no fundamental right is absolute in nature. As far as the concept of originator is concerned, as of now, it presents a blurry picture as to whether the same violates right to privacy and if yes, till what extent. The authors have attempted to analyse this arguable point in light of various interpretations by scholars as well as the judiciary.

Parenthood forms an important aspect of an individual’s life. Surrogacy can provide an option for the couple who are unable to conceive owing to certain physiological defects. The process of globalization has played a vital role in the development of commercial surrogacy, especially in India. Since India provides cheap and illiterate surrogate mother with no or very limited bargaining power, the foreign couples are more than willing to travel to India and involve in the process of commercial surrogacy in India through contractual arrangement. Although commercial surrogacy provides economic benefits to the surrogate mother, it also leads to their exploitation. The latest attempt by the government to address the challenges posed by commercial surrogacy in India is the Draft Surrogacy (Regulation) Bill of 2020. However, the 2020 Bill seeks to prohibit commercial surrogacy of any form and regulate altruistic surrogacy to be great extent. In light of this, the current study aims to analyze to impact of globalization on commercial surrogacy as well as the extent to which the 2020 Bill addresses the primary issues relating to commercial surrogacy in India.

Necrophilia is a psychological disorder that is not addressed by Indian criminal law. It denotes sexual desire, attraction, stimulation or sexual act of a person towards a corpse. Few cases like Nithari case, Robinson Street case, Palghar murder case have witnessed this psychopathic disorder but the Indian law does not recognize this till yet. In other jurisdictions like South Africa and United Kingdom, it is a punishable offence whereas in USA, there is no federal law that penalizes necrophilia. This paper would like to analyse the psychopathic characteristics of this disorder and find out the solution that can sort out the legal challenges related with this disease in Indian Jurisdiction and will make a comparative analysis with other jurisdictions.

Kashmir has been facing a humanitarian crisis since the time of independence which increased in the '90s. The atrocities are mostly done by the armed forces and militants, the level of atrocities is such that thousands of families have been destroyed and the atrocities done by the armed forces do not even get registered in police stations. The women of Kashmir are the most vulnerable amongst the vulnerable because they are victims of both active and passive atrocities. The article has discussed the kind of atrocities Kashmiri faces and how India violates various international treaties and conventions. The article has also discussed various statutes and their enactments in Kashmir and how these statutes have affected the lives of civilians of Kashmir.

A Patent is an exclusive right granted to an inventor to protect their invention without secrecy and to exploit it to the exclusion of others for a period of 20 years. A patent can be considered one of the most important form of Intellectual Property Rights, having tremendous economic value. Patents have a vast history and the laws regarding them keep on evolving over the years depending on the need of the society and the pace and technicality of the innovations. In India, the Patent law is governed by the Patent Act, 1970 as amended by the Patents (Amendment) Act, 2005, and Patents Act RULES, 2006. Biotechnology has emerged to become an important tool for many researchers and the inventions arising out of it have spurred the creation of many inventors along with playing an important role in improving the nation’s health. It becomes impertinent that the rights of these inventors are protected and therefore, many biotechnological inventions related to pharmaceuticals, microorganisms and transgenic animals have been granted Patent protection all over the world. This paper aims to analyze the Patent law pertaining within India focusing mainly on the effect of the same on biotechnological inventions. It throws light on the patenting in the pharmaceutical industry, micro-organisms, and transgenic animals and how a check is maintained on the abuse of patent law by compulsory licensing.

The Supreme Court of India in 2017, in the case of Justice K. S. Puttaswamy vs Union of India, proclaimed privacy as a fundamental right and highlighted the need for a sturdy and robust legal structure in India with regard to data protection. Further in 2018, the European Union laid down certain limits on organizations concerning the processing and managing of personal data by means of the General Data Protection Regulation. Following several data breaches by various business organizations in India, Justice B.N. Srikrishna Committee was created in 2018 to fill this gap in Indian laws with respect to data protection. The committee submitted its report and proposed the Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology. Recently, a spin-off version of this bill called Personal Data Protection Bill, 2019 was passed by the Lok Sabha. However, this bill has been facing severe global criticism ever since its formation. This paper attempts to discuss the key features of the bill, its loopholes, its distinction from EU’s General Data Protection Regulation and further suggests some changes that can be introduced in the bill to promote the right to privacy of an individual in its real sense. This paper also elaborates on the dangers of the blanket powers to access citizens’ personal information conferred upon the Indian government by the bill.

This paper deals with the privacy issue in India faced by the people who use online as a means of communication, transaction, shopping etc., People with or without knowing tend to share their personal information in websites without even having knowledge whether the website is legally protected or not. When people share their data online fraudsters make this a platform to loot the personal information that are shared by the people. Privacy rights are enforced under the Indian Constitution and the Information Technology Act 2000, whereas the Indian Contract Act 1872, the Copyright Act 1957 and the Indian Penal Code 1860, protect property rights. An individual’s right to privacy has evolved out of Article 21 of the Constitution and other constitutional provisions protecting fundamental rights. Article 21 of the Constitution provides that no person shall be deprived of life or personal liberty except according to the procedure established by law. The Supreme Court of India has held in a number of cases that the right to privacy is implicit in the right to life and personal liberty guaranteed to Indian citizens. However, constitutional rights can normally be claimed only against the State or State owned enterprises and not against private individuals or establishments. The IT Act also prescribes penalties for hacking which is tampering with a computer’s source code and any breach of confidentiality and privacy obligations by a person having powers under the IT Act. Under the IT Act a network service provider or an intermediary is liable for any known misuse of third party information or data or for not exercising due diligence to prevent the offence.

This article discusses about struggle that women have to face in terms of Religious Liberty in spite of India being a member to CEDAW as well as having one of the fundamental Right to Freedom of Religion under Article 25 of Indian Constitution. The major reason behind such struggle is mindset of people over equality concept of men and woman as well as static faith in orthodox religious beliefs. Moreover, there are several efforts made by Indian Judiciary to eradicate such discrimination on the basis of sex under freedom of religion particularly, right to worship at temples as seen in landmark cases of Haji Ali dargah case as well as Sabarimala Temple case. Thus, at the end author suggests that people to change their mindset then only there would be end to struggle of women and they would freely practise their religious beliefs.

“it is precisely in society and in culture that we must show respect for the dignity of man, of the migrant and of the refugee. In this regard, I once again urge States to adhere to the International Convention for the Protection of the Rights of Migrant Workers and their Families & protection of human life must be guaranteed in every civil Nation…” In the current global context, many migrant workers, and in particular women and irregular workers are not very inadequately covered by social security and other social protection programmes. Current human rights standards related to migrant workers and families have so far had little impact to change this situation. The protection of the rights of workers employed outside their countries of origin has been the subject of increasing concern throughout the UN system. A large array of international instruments exists to provide parameters for the regulation of international migration and standards for human and labour rights.

The continuous degradation of natural resources has created many problems for the existence of humans on earth. The rapid growth in industrialization and the technological advancement have exploited the environment in many ways which has resulted in severe noise, air and water pollution. This called for the need of environmental laws and regulations which are the basis of the environmental impact assessments that is sine qua non for sustainable development. Environmental Impact Assessment is a term used to describe the total process of assessing the environmental effects of a development project. Environmental Impact Assessment predicts the likely environment impacts of project to reduce unacceptable impacts and offers various options and alternatives to the decision makers. EIA is also a mainstay of environmental management processes globally. The present study focuses upon the adoption of Environment Impact Assessment in leading nations in the worth, Growth & development of EIA in India & the challenges ahead with the arrival of Draft Notification of 2020.

Indian constitution stands on the base of secularism. Indian political circuit, in recent times has seen the dishonest forms of politico-religious swamp. With many states of the Indian Union making laws regulating religious conversions, though the anti-conversion laws is not a new phenomenon and has become more politicized and negatively publicized after strings of new state legislations they were very much in existence even before the Independence. The Anti-Conversion are laws which is introduced mainly by state to prohibit the conversion by force, allurement, gratuity, and other method by which one man repudiate his religion and convert into another religion. All the provisions of anti-conversion laws of numerous states and their implications on Constitution have been examined and significant cases where the constitutional validity of some of these laws has been challenged are discussed. In spite of the criticism of India’s anti-conversion laws, many human rights bodies have recognized that these laws have follow in several arrests and no convictions. The conversion is seen as a major mean to expand population. Anti-conversion laws are seen as an alternative measure to the problem of conversion. The statistical analysis is supplemented with a case study of some states where the law is implemented. A detailed study of the legislations showcases that the language used is often extraordinarily broad and vague, posing some serious challenges to religious freedom as guaranteed by the Indian Constitution and embodied in international human rights instruments.

Bio Medical Waste (Management and Handling) Rules was enacted in July 1998. As per the rules it is the duty of every ‘occupier’ i.e. referred to the person having control over the institution or its respective premises to take appropriate steps thereby ensuring the generated waste is handled without causing adverse consequences to human health or their environment. It refers to any waste that is generated during the process of initial diagnosis, treatment or immunization of human beings or animals or in research-based activities relating thereto or in the overall production or testing of biologicals and includes categories stated clearly in Schedule 1. Furthermore the biomedical waste management policy that is followed at AIIMS is based on Biological Waste Management Rules 2016, notified by the Ministry of Environment, Forest and Climatic Changes, the Government of India as per the official gazette notification dated as 28th March 2016. However, prior to the notification, AIIMS had been following the Bio-medical Waste (Management & Handling) Rules issued in 1998 was notified by the same ministry. In the present scenario, the biomedical waste management at AIIMS has been subcontracted to the common biomedical waste management facility, M/S Biotic Waste Solutions Pvt. Ltd.