Volume IV – Issue III / 2021

As we all aware about the Nirbhaya Rape Case which was occurred on 16th December, 2012 which was a heinous crime. This was not only the single case which was heinous in nature. In India, almost every day these types of crimes occurred or taken place. But this incident throws the light on the existing laws which were not sufficient to dealing with these types of heinous crime. After this incident, an act or legislation came into force on 3rd February, 2013 i.e. The Criminal Law (Amendment) Act, 2013. This act is popularly known as Nirbhaya Act because this act was passed after Nirbhaya case in the purview of sexual offences. After the commencement of this act, many legislation were amended like Indian Penal Code, Indian Evidence Act, Criminal Procedure Code and other legislations related to sexual offences. In Indian Penal Code, there were already provisions mentioned regarding sexual offences, then, why we need this Criminal Law (Amendment) Act, 2013, how it affects other legislations and sexual offences in India, what changes made in other statutes or acts related to this Criminal Law (Amendment) Act, 2013. Did this Act affect sexual offences rate in India. We will discuss in this article. After enactment of this act, is India able to protect the children and women from these types of crimes.

The ever growing field of litigation in our country puts the courts at the centre of the ball game of justice delivery. A study of the three organs of the state tells us that the judiciary is comparatively loosely defined in the constitution. This not only gives the institution wide discretionary powers, but also makes it look like a powerful institution vis-a-vis the executive and legislature. However this independence which the judiciary enjoys comes with great responsibility of guardianship of the constitution. The debate around judicial supremacy is growing and it needs to be seen closely as to how far can the judiciary go.

Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) rights in India have evolved in recent years. However, LGBTQ citizens still face certain social and legal difficulties as compared to the people who do not belong to that community. It is duty of the court to pass just and reasonable order, duty of the Government to ensure that verdict reaches to the general public and duty of the public to welcome the decision of the court with open arms. However, with regard to the Rights of LGBTQ+ people, even though the Supreme Court of India in Navtej Singh Johar vs Union of India judgement, 2018 stepped up by abolishing the part of Section 377 of Indian Penal Code which criminalized act of homosexuality, the Government and the public also failed to utilize the judgment to the fullest as even after nearly 30 Months of passing of the landmark judgment, the situation with regard to LGBTQ Community has not improved much. The Central and State Government failed to make any special provisions for upliftment of LGBTQ people and the Community also failed to get societal acceptance from the citizens of the country. The paper looks at the long struggle of LGBTQ Community for basic Fundamental Rights and the Discrimination they face in different spheres of life with special reference to Transgender people and Judicial Pronouncements. The paper finally analyzes the road ahead for the LGBT Community and what further legal and social changes are needed for LGBT individuals to gain full acceptance and equality within the conservative Indian society.

The use of international force for preventing atrocities against humans and their rights has become ever more significant in today’s world. The concept of such implementation has been around for a while now. It goes hand in hand with the concept of humanitarian intervention in as far as the historical origins of sovereignty and the reasons behind the shift to the use of the term responsibility to protect (R2P) is concerned. The evaluation of the progress of the concept of R2P from its unanimous endorsement in 2005 to its implementation in Libya in 2011, is of utmost importance when mapping out the development of the same. The role of United Nations Security Council (UNSC) in implementing R2P has been quite impactful as well. The General Assembly has helped refine the revolutionary concept, build a political understanding, and create support for the idea. This article attempts at highlighting the key moments that led to its establishment, its contribution to society and the lack there of.

In a country like India amongst poverty, high crime rates, illiteracy and much of other issues gender discrimination is one of the prominent issues faced, which the country is trying to try to do away with for the last word purpose of development. Here, discrimination against women are often said to be at peak, even with the status of a developing country that it’s acquiring with leaps and bonds. Within the words of Manu, an ancient interpreter of Hindu law: “Women are alleged to be within the custody of father once they are children, they need to be under the custody of their husbands once married and under the custody of her son in adulthood or as widows. In no circumstances she should be allowed to mention herself independently.”

India is the administer of abundant of laws on variety of subjects. The Parliament considers the objectives of the legislation. Most of the people pertain benefits but some due to lack awareness of beneficiaries some laws lay down the substantive rights of masses. After many attempts The Legal Literacy has been concede as an instrument of qualitative change at the basic level. The research is basically on the legal awareness but also counted the faults the people behind their backwardness. It can be said that somewhere lays the loophole in the governance and in many cases chunk of population is unaware of their rights. In 2005 to prevail over with this difficulties, The National Legal Literacy Mission was adopted by the Central Government, many schemes were enacted even Legal Aid Movement took in 1952 . The paper proposed the program and Government’s Initiatives to spread Literacy. This paper tries to quell this issue and certain steps for the awareness of their rights, to make sure justice, safeguard popular rights, legal empowerment. In the recent years government has introduced a slew of measures to improve access to justice and justice delivery like setting up e-Courts under a Mission Mode Project. The Thirteenth Finance Commission (FTC) provides Rs 5000 crores in the justice sector primarily for reducing pendency, improve infrastructure and speedy justice delivery. There was case in which Hon’ble Court held that it is a person’s fundamental Right to have a speedy trial implicit in Article 21 of the Indian Constitution. Apart from this all schemes and Missions the states get satisfactory but what about the efforts to make people aware of the laws? How many lawyers let alone the ordinary people care to read the content of the gazette? All these issues creates the sad reality of legally illiterate India. The paper focuses on the empirical game of the legal literacy and the main role of judiciary concluding with the solutions.

In this case critique, an attempt is made to evaluate the issue of the intersection of the trademark with religious names in India in light of sec 9(2) (b) of the Trademark Act, 1999 (hereinafter referred to as ‘the Act’) and in the backdrop of Supreme court decision in Lal Babu Priyadarshini v. Amritpal Singh , wherein the court deliberated on the issue as to whether the name of a religious book can become the subject matter of monopoly for an individual or not. The study analyses the decision and few relevant judicial precedents on this subject to provide more clarity with respect to trademarking religion and religious names in particular. Before the concluding para, the author has tried to bring new thoughts in the form of alternative interpretations of the original case, that this case left unanswered.

The Bombay maternity Benefit Bill was first presented in 1929 in the Bombay administrative chamber. It was the first law set up for working ladies in Quite a while. The enactment for working ladies has consistently stayed a twofold edged sword. Government have taken initiative to provide maternity benefits to the women through the maternity benefit act,1948. The maternity benefits have been compared with Brazil and India. Main objective is to get more ideas about maternity benefits and know the public view on maternity benefits. When I have correlated the gender and the age as a independent variable and the dependent variable is the scale awareness of the maternity benefits act and its benefits. More than 36% of respondents said that they said yes and exactly 36% said that they are unaware of the maternity benefit act and its benefits and the other dependent variable is the Percentage of women utilities the maternity benefits. More than 60% of respondents said that the percentage is 26-50%. It is actually a good invention of government for protection of the pregnant women.

This research is conducted analysing the judgment of the nine-bench Supreme Court decision in Justice K.S. Puttaswamy (Retd) V. Union of India with specific reference to the Doctrine of Fruit of Poisonous rule (Exclusionary rule). This rule has been held to be an intrinsic part of the Right to privacy by the various court all across the globe in many jurisdictions. The conflict in front of the court, the way courts have dealt with such conflict and the need to address such conflict. This paper talks about the historical perspective of this doctrine, views taken by the Indian courts prior to the judgment rendered in K.S. Puttaswamy, the views taken post-K.S. Puttaswamy, the departure from the consequentialist approach and the positive and negative implication of this doctrine. A specific reference has been made to the 94th Law Commission Report, which gave the recommendation to insert a new provision in the Indian Evidence act.

Covid has impacted the world and shaken the education system of all the countries. As majority of governments around the globe have announced the national wide lockdown and closed educational institute for making attempt to comprise unfold of the pandemic. As a consequence of it students from kindergarten to post graduations are affected. Around 1.5 billion students across the globe were stuck in the home unaware about their future studies. This has promoted rethinking among experts about the conventional learning and to explore the substitute approach toward learning. It promoted the growth of education sectors through distant learning and online learning platforms. But pandemic also lead to layoff of school and college staff and tremendous increase in the number dropouts students. Pandemic has also highlighted the issue of lack of infrastructure for online learning like computers, internet access which stood as challenge in distant and online learning. This research article enfolds the relative analysis of the effect of pandemic on the Right to education in developing and developed countries which are mostly affected by pandemic like USA, India and Brazil. It also highlights major issues faced by students and teachers during lockdown, post lockdown problems like strategies of designing curriculum, retrieving lost learning when students will return to schools.

Right to life and personal liberty is one of the most fundamental and sacrosanct human right under the provisions of the Constitution of many countries like United States of America, Switzerland, India and others. It is not an exhaustive right but includes within its ambit various other fundamental rights. Earlier, these rights only existed within the confined walls and were given a very strict interpretation. The development of the human race not just socially, but also growth in the fields of education and economics. Globalization has lead to even wider interpretation of the terms Life and Liberty today that covers a whole lot of rights within its ambit and the horizon is still expanding and ever evolving. The revolution in the basic concept makes it crucial that the concept of right to life and personal liberty must be examined in reference to the new development, meaning and depth along with the role of judiciary and justification for such liberal interpretation. Judicial Activism with the help of concept of legal realism has played a significant role over the period of time in expanding the ambit of Article 21. This paper hence, focuses on the expanding horizon of Article 21 and the need as well as the role of Judiciary through Judicial Activism.

Over past many years the transgenders have been continuously supressed by the Indian society. This article examined how the Indian laws and recent amendments are incompetent, vague and discriminatory towards the people of transgender community. They have been deprived from basic Human Rights which should be available to every human being irrespective of their sexual orientation. This Research Paper looks into the arbitrary and vague laws and amendments which were to be made for helping and uplifting the transgenders, and also addresses some welcome changes which might alter the course of the concerned law.

Gambling is a popular activity among adolescents and adults, and they remain at high risk for developing gambling-related problems. One of the most significant changes to the gambling environment in the past 15 years has been the increased availability of Internet gambling. Internet, including mobile, gambling is the fastest growing mode of gambling and is changing the way that gamblers engage with this activity. Due to the high level of accessibility, immersive interface, and ease at which money can be spent, concerns have been expressed that Internet gambling may increase rates of disordered gambling. The objective of the study was to determine factors that influence online betting. This includes the analyse of gambling behaviours, gambling beliefs and gambling motives. This includes analysing online gambling in Thai society.

The purpose of this article was to analise all possible aspects of the phenomenon known as “aircraft hijacking”. According to International Law, the aircraft crime is considered as one of the crimes against humanity. It is totally excoriated by the international community because the effect of this crime traumatizes the human values, endangers lives, and destroys possessions, goods and chattels. The intentions which highlights this crime may be derived from any personal motive, hostage taking, political and administrative reason etc. It is the state who should come forward and take the full responsibility, based on international law, to resolve the issues related to aircraft hijacking. The attempt to resolve this problem of aircraft hijacking can be done only through international networks, bilateral agreement and the conviction of those who commits aircraft hijacking. This paper provides the instances in the history of aviation like that of Indian Aircraft IC 814, and 9/11 attacks, and will deal with the various international aviation safety problems emerging and the existing conventions like The Hague Convention 1970, Montreal Convention, Tokyo Convention and other norms regulating it. More specifically this article will portray all the above to the incident of Indian Airlines Flight 814 also known as IC814 en route from Nepal to Delhi, on December 1999, when it was hijacked. A Pakistan based Islamic extremist group, was accused of this aircraft hijacking. The intention for the hijacking was to root the release of Islamist held in prison in India. The hostage crisis ended after India Government grant the permission to release their three militants, who have since then, been connected in other terrorist actions, such as 9/11, the murder of Daniel Pearl and Mumbai terror attacks. This article will also provide suggestion to improve and reduce the air disasters which appear to happen more frequently these days.

India is a massive country of young generation with 65% population below 35 years and 2.1% of population are differently able persons. A country can only grow when people are treated equally before law and education is accessible to all. Equality means to prevent discrimination and providing remedies for the same. Inclusive education is a step in this direction and it provides a stride towards societal development. It provides a learning platform where differently able child study with normal child for academic, social, behavioural and professional development. UNESCO Agenda 2030, Sustainable Development aims to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Several reports have highlighted upon the steps required in this direction. Art. 21-A, Constitution of India is given a wider interpretation which resulted in Right to Education Act, 2010. In 2016, Right of Persons with Disability Act is enacted, which repealed 1995 Act, and follow principles of respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. The paper looks into positive and negative implications of present legislation. The total number of children with disabilities (in the age group of 0–19 year) is 7,864,636. In spite of having provisions laid down in various legislations to include differently able in the society, still large number of differently able children feel 'left-outs' and thus ‘drop-out’, as they are unable to cope pressure. The utmost need is the exposure of teachers, sensitisation of children and differently able friendly attitude with quality education. The author looks into challenges in implementation of statute, differences among other modes and judicial approach towards the existing scenario.

“In recent judgments of the Supreme Court the stance taken on the power of arbitral tribunal to pierce the corporate veil has expanded the power of the tribunal by introducing doctrine such as the group of company, which could be used for binding non-signatories. This has been interpreted by various scholars as being an arbitration friendly approach. However, there is still no clarity on the law relating to direct piercing. The various High courts have time and again addressed the issue of direct piercing by the tribunal but the judgments have been varied and according to some scholars, certain judgments are faulty. Therefore looking at the international jurisprudence becomes extremely important, which recognizes the principle of alter ego or veil piercing by tribunal, one of these foreign award has been enforced in India as well. Therefore a strong claim could be seen that soon arbitrational tribunal would be allowed to pierce the corporate veil which till now has been doubtful

Each day the market is becoming competitive. To survive in this competition, business strategies are updating and certain formulas and secrets which keeps business going can be termed as trade secret in layman’s language. Any knowledge or information which is used for business development which is not available in public domain is trade secret. The protection or registration of trade secret is not given explicitly under Indian laws as compared to other IPs. However, TRIPS mention about the criteria to consider that particular information as trade secret. Because of the ever-changing world and the fact that trade secrets may be found by others, businesses are often urged to continue to transform and innovate their trade secrets so that competition remains in place and their trade secrets are not identified. Major issue comes when the question of the employees of the company are to be considered in order to protect the trade secret. Many litigations have evolved due to Section 27 of Indian Contract Act which makes the restrain of doing business void. The judicial intervention somehow gives any idea on how to protect the concept of trade secret when there is no explicit registration or protection of it. With more advancement in the competition, the need to protect trade secret has become necessary.

Right to Adequate housing and Shelter is an extension of Right to Life in India and this is also a well-recognized and internationally accepted Human right. The most common reason of people being deprived of this right is poverty. Lack of Housing and Shelter has different consequences on different groups of people but the one consequence which remains same for all is with respect to health. Although, there is no specific provision related to housing and shelter but in number of judicial precedents, this has been interpreted under the scope of Article 21. In the light of above mentioned facts the paper discusses the meaning of Housing and Shelter as a matter of right, the constitutional perspective and various provisions which mentions about the duty of state to facilitate a dignified life for its citizen, precedents which ruled that Right to housing and shelter is an essential part of Fundamental Rights and inseparable Human Right, also the International recognition of this right in the Covenants and a discussion of how lack of housing and shelter affects some specific groups. Further it suggests some reforms to tackle the problem of Housing and Shelter for its root cause, and make this right available to all.

Present day business works in a world that is profoundly monetarily incorporated, and yet it is strategically, socially and lawfully different. The adoption of Competition Policy was a reaction to the rise of huge organizations which attempted to limit effective competition, incompletely by cost fixing arrangements to forestall price wars. This revolves around the introduction and the concept of “Why was competition law/anti-trust law was enacted and in need in the United States of America. It also deals with how the country has been responding to the various competition Policy and various regimes. This article is a part of a research paper being conducted on how the early endorsement of competition policy and regimes has led to better market growth and economy. This article also emphasizes on the setting in USA which led to the realization of the enactment of competition law and regimes surrounding it. The main purpose of this article is that it potrays how well a country like USA responds to the competition law policies and how it can benefit the market growth as well as the economy.

Children are future citizens of the Nation and their adequate development is utmost priority of the country. Unfortunately, child labour engulfs children across the world. This article is mainly about the prevailing legislation on child labour and the steps that has been taken by the government which includes various programmes, to eradicate this situation of child labour. And also this article discusses about the core reason for child labour which in fact is poverty. Poverty and child labour are mutually reinforcing: because their parents are poor, children must work and not attend school, and then grow up poor. Child labour is widespread, and bad for development, both that of the individual child, and of the society and economy in which she, or he lives. If allowed to persist to the current extent, child labour will prevent the achievement of the Millennium Development Goals of halving poverty, and achieving Education for All. Nearly all of the world's governments have ratified international human rights conventions, which call for the elimination of child labour, and the provision of universal primary education. Fulfilling these commitments is of critical importance for development. The policy curbing child labour exists but lack of enforcement of labour restrictions perpetuates child labour. This is manifested in variation in minimum age restriction in different types of employment. The International Labour Office reports that children work the longest hours and are the worst paid of all labourers.

The paper titled ‘Navtej Singh Johar & Ors vs. Union of India: Interpreting Section 377 of Indian Penal Code, 1860’contemplates the understanding of homosexuality in the pretext of jurisprudence and its interpretation. Homosexuality has been a taboo subject in India since early but the LGBT community was recognized of their rights in this particular case. This paper analyzes the stance of the Indian judiciary on Section 377 of IPC, 1860 through a timeline of cases having the same judicial backdrop thus forming a foundation for this judgment. It also analyzes how constitutional morality took the place of societal morality in the pretext of jurisprudence in this judgment. An overview has been given concerning paramount criminal law theories of eminent legal philosophers which eventually takes the stand that Section 377 has no jurisprudential basis. This paper has also sought to cater the application of interpretation of statutes on the current judgment. Finally, this paper aspires to forward suggestions which would enlighten the objectives sought in the said case and concludes that true meaning of dignity and freedom is still to be achieved by our beloved LGBT community.

Malicious prosecution is said to be worse than the being convicted for a crime itself. Malicious prosecution could be understood as a stage, or like an outcome one might say, of an error in criminal justice system (CJS). This error is not just present in one particular country’s’ CJS but all systems globally, but that thing that must be noted is the way these systems compensate their victims of this error. Recently, Allahabad High Court- Uttar Pradesh, India- declared Vishnu Tiwari, 43-Year-old, innocent in the rape case after he had served 20 years behind the bars. According to reports, Vishnu never has resources back in the year 2000 to hire lawyers and the fact that there was negligible amount of evidence against him was ignored blatantly and the case was solely based on the female’s testimony. During the time that he (Vishnu Tiwari) served in jail, he lost his whole family and property. Now at the age of 43 he has nothing but a rock strong will to rebuild his life back from scratch. The judicial system merely apologized for the inconvenience caused to him. An apology for wasting 20 years of his life seems quite less, don’t you think so? This research paper explores the cases of malicious prosecution in India and takes references from legislations and compensation systems around the world to illustrate a need of appropriate compensatory system in India too. The research also highlights how malicious prosecution cases are a concern of basic human rights violations and need to tackle them with same level of seriousness. The research paper also sheds light upon various remedies available currently in different Indian laws.

Child labour which is a global problem, is one of the greatest problems in India, as it affects a child in every way of his development. Not only in India but most of the developing countries are facing this problem. Some of the main causes of child labour in developing countries are poverty, unemployment of parents of those children who are engaged in child labour, not getting access or not being aware of free and compulsory education etc. There are many laws made by the government and many treaties, agreements made to prohibit child labour, but still, child labour could not be prohibited completely. Some of the major reasons why child labour still exists are because unemployment of parents of those children engaged in child labours and poverty. The remedy is in the hands of the government; it should take the necessary step to eradicate poverty by providing employment to parents of child labour and also by making child labour laws stricter and punishing those who violate it and by encouraging parents more to send their children to school. We can also help the government by not accepting child labours in mines or any field like factories or domestic settings. So it can be said that only the government alone cannot remove this problem we will also have to join hands and help our country to get rid of this problem completely.

Transfer by co-owners means when two or more persons hold title to the same property and the transfer a portion of share, the transferee takes the place of transferor who has transferred his share. However, in case of co-owner of dwelling house does not give the right to joint possession to transferee. This paper deals with transfer by co-owners under Transfer of Property Act, 1882. Section 44 to 47 of transfer of property act lay down rules applicable to transfers effected by co-owners. Further it discusses about legal competency to make transfer and about its applicability. It covers the rights and liabilities of transferee and discusses about the kinds of co-ownership. It also deals with the exception part in the context of transfer by co-owner which is under section 44. Further it also covers the concept of joint transfer and transfer by co-owners in common property.

Privacy has two facets, first is privacy in the real world which can be defined as preventing a person from intruding into one’s physical space or solitude; the second is, privacy in the virtual world also known as cyber space which relates to the collection of user information from a variety of sources including the internet. Privacy in the virtual realm consists of information collection, information processing, information dissemination and invasion on private data. However, the very technology that offers so many benefits can also expose valuable information to third parties resulting in loss and unwanted use of private and confidential data. Facebook data breach controversy which saw the sale of personal data of 50 million Facebook profiles and the Aadhar data breach, where there were allegations that one could buy personal data stored on the UIDAI’s database for as less as ₹500 are the major examples of the threats that Social media poses. Platforms like facebook, instagram, snapchat are seeing ever increasing user base; real-time location check-in, user tracking, selling user data for profiling are some of the few emerging issues. These crimes are evolving at a very fast pace and yet India lacks stringent cyber regulations especially for data protection. There is an imbalance between the age-old laws and the advancement society has made. Information Technology Act 2000 was drafted with major focus to facilitate e-commerce and cyber privacy was not seen as a major concern. This research paper aims to point out the lacunae in the present laws and stresses the need for robust laws in line with the landmark judgement of Supreme Court which recognised Right to privacy as a fundamental right flowing from Article 21 of the Constitution of India. The researchers have also analysed Justice B.N. Srikrishna Committee report on Data Protection Law and the Personal Data Protection Bill, 2018 and have made comparisons with Europe’s General Data Protection Regulation and India’s take away from it.

India is home to many refugees. Whenever India is faced with humanitarian crisis of dealing with refugees it has done as any mature democratic republic would do. It has tried to balance the national security issue with that of the need of asylum seekers. However, the lack of domestic laws makes the administrative action subject to suspicion and high handedness. The threat of terrorist attacks as seen in recent past makes the Government cautious of drafting laws which may limit its power to protect its own people. Not becoming party to the Convention on Status of Refugees, 1951 and its 1967 Protocol is not the solution to the problem. India needs to revisit its policy on refugees and have municipal laws.

This article aims at briefly analyzing the ideas of media trial, fair trial and procedural justice. The author has also attempted to bring out an inter-relationship between the three concepts and how they are inter-dependent. The three are like different organs of a single body, meaning, an adverse impact on one would also adversely impact the other much like the human body. In today’s highly digitalized world, freedom of press has acquired new dimensions and with this new dimension it has also acquired new powers to shape the opinion of its respective audience. While the freedom of press should be a cause to celebrate, it also comes with a few caveats. The author tries to portray an accurate picture of the ramifications in cases when the media crosses its boundary and marches into the territory of judicial autonomy.

Trafficking of human beings is modern day slavery that involves victims who are forced, defrauded or coerced into labour or sexual exploitation. It also deprives people of their human rights and freedom. Moreover, human trafficking devastatingly affects singular casualties, who frequently endures physical, sexual mental maltreatment, and even demise. This paper will investigate the organic market of human trafficking, just as the maltreatment and results casualties face consistently. It is just with a comprehension of these components that we, as medical services experts and as residents of our general public, can help stop illegal exploitation and the rapes that happen in this secret wrongdoing. Human trafficking is the cutting edge term for a wonder that has been a piece of civilization since the start of mankind's set of experiences. This staggering occurrence is called subjugation and albeit by far most of country prevailing with regards to killing the state authorized practice, an advanced type of human servitude. It is illegal exploitation and it has arisen as a wrongdoing and a basic liberty infringement that crosses global, public and territorial ward.

The spread of various infectious diseases around the world and the lack of medicines and healthcare facilities necessitated to strike a balance between patent protection laws and the right to public health. This article talks about the evolution of patent laws around the world with a special reference to their relevance in India from the pre-independence time to the post-independence era with greater emphasis on the provisions enumerated in the Patent Act relating to Public Health. The aim of this article is to establish a relationship between public health and patent laws while simultaneously trying to establish their growing importance by the day in the wake of deadly diseases and expensive cures. Furthermore, the article discusses various kinds of pharmaceutical patents recognized in India by the Indian Patent Office while seeking to analyse the concept of patent licensing in this regard and how transferability of pharmaceutical patents benefits a common man without any hinderance to the rights of the innovators.

The Uniform Civil Code (UCC) requires the definition of one law for whole India, which would be appropriate to people of all faith, in issues regarding marriage, separation, inheritance, and adoption. The code goes under Article 44 of the Constitution of India, which sets out that the state will attempt to make sure about a Uniform Civil Code for the residents all through the region of India. On the question of bringing uniform civil code in India, a report by the Law Commission of India in the year 2018 expressed that the Uniform Civil Code is "neither necessary nor attractive at this stage" in the country, secularism can't repudiate the plurality in the country. In a country like India which is such huge pluralistic society, Uniform Civil Code might be disruptive to the integrity and harmony of the society. It would be wrong to force people to follow one law and will also be huge disrespect of the faith of people. So, how do we protect the interests of the citizen who rise above the religious boundaries and decide to do inter-faith marriages. The Special Marriage Act, 1954 gives a common or uniform marriage to all citizen of India irrespective of their religion and caste. In this manner it allows any Indian citizen to have their marriage outside the domain of a particular strict religious law. While presenting the Bill in the Lok Sabha C.C. Biswas articulated that the said bill was an endeavour to set down uniform regional law of marriage for the entire country. The first step towards Uniform Civil Code. The question that lies here is whether in absence of uniform civil code in India, the Special Marriage Act is the best alternative that we have in order to protect the interests of people in inter-faith marriages.

Existing literature suggests that there has been an increase in the ratio of trade to GDP over the years and this is a direct indicator of the growing integration of the Indian economy with the global economy. Also, an important characteristic of the FDI coming into India is that a whopping 53% of it comes from low tax countries which proves the existence of aggressive tax planning and Base Erosion and Profit Shifting (BEPS). Considering the rising interaction of the domestic economy with the global market, issues pertaining to taxation come into play. It is observed that multinational corporations often shift profits to low tax jurisdictions and tax havens to reduce their tax liability. Individual citizens also engage in tax evasion and avoidance. In such scenario, emerging conversations on ways to reduce tax evasion and avoidance is important. Traditional sanctions are a common way to achieve that but the present paper explores the role of ethics and moral appeals in ensuring tax compliance and also notes the importance of tax literacy. It is concluded that moral appeals must be incorporated in the traditional sanctions system for greater long-term benefits.

The legal ambiguity about the nature of Section 65B of the Indian Evidence Act primarily arises from conflicting judicial opinions on the subject matter over the last few years. These conflicting judicial opinions leave one with a question as to whether the production of the certificate is a mere procedural regularity or whether it is at the root of the admissibility of electronic records. Understanding the nature of Section 65B itself and placing the constitutional values of natural justice would aid in addressing such legal ambiguities. Different concepts and perspectives on the law of evidence will help in understanding whether requiring such mandatory production of certificate would prevent the production of tampered evidence in legal proceedings or instead add unnecessary procedural roadblocks, leading to delay in the judicial process and potentially excluding important pieces of evidence.

Many Business entities ranging from online service providers & retailers to entities confined to physical market place resort to Google AdWords as their key marketing channel for advertising their business model. As is known AdWords allow brand owners to market their products and services using a combination of keywords to display their ads whenever the selected terms are searched and the aspect of ‘trademark infringement’ arises when an entity bids on such AdWords on which another entity has trade mark rights, statutory or common and which consequently leads to diversion of internet traffic from the webpage of the owner of the trade mark. While the CJEU has given preference to business entities whose trademarks are not registered by stating that the term ‘use’ requires active conduct and direct or indirect control over the act of use thereby making a party not liable on the sole basis of them benefiting financially from the reproduction of their advertisement. The Indian Courts have taken a stand for the protection of ‘trademark owner’ on the Google search engine by prohibiting the unauthorized users to bid for the trademarks of other entities as that would amount to statutory and common law rights of the trademark owner.

Life insurance policy is the arrangement between the policy owner (assured) and the insurer (insurance undertaking) when, on the death of an insured person, the insurer undertakes to pay the appointed recipient an amount of money (a premium). The policy owner decides in order to pay a fixed sum (at regular intervals or in lump sums). Life plans are, in short, lawful arrangements and the contract provisions define the limitations of insured incidents. Specific exclusions are often written into the contract to limit the liability of the insurer; common examples are claims relating to suicide, fraud, war, riot and civil commotion. Suicide is voluntary and deliberate self-destructive behavior of a person killing himself. Any act of self-destruction is including in suicide. Life insurance policies have provisions in which the insurer's liability is altered and restricted by the insured in cases of suicide. The insurer may prevent a policy where such a provision exists in a policy. There are conflicting perspectives on this provision in England and India. Suicide is a crime in England and thus no money is due for a person who commits suicide when in a healthy state. On the other hand, if you were insane at the time of your death, your legal members will collect the amount due. Suicide itself does not constitute a crime under Indian law, and as such a suicide clause cannot be enacted unless the policy provides otherwise. However, if the policy holder assigned this policy for beneficial consideration, suicide shall not impact the right of the customer. The insurers bear the risk of proving suicide, because if the cause of death is not determined, the assumption is not against suicide and the policy cannot be prevented. In India, that is the same thing. This method would prevent this allegation to a contractual level because the insured person could not be the author of his own loss and to a wider extent, as legislation would not enable him to take advantage of it. “This paper examines the development of law and policy in relation to claims on life insurance policy where the assured or insured has committed suicide after the commencement of the policy and the effect of suicide clause in life insurance contract. It also provides the comparative analysis of the provision of suicide clause in USA, UK and India.

Nuclear is often left out of the “clean energy” conversation despite it being the second largest sources of low-carbon electricity in the world. Nuclear power energy resource gives us many reasons for a switch in energy pattern if we desire a sustainable development and climate change mitigation at a faster rate. Some of them are observed in the first leg of the research i.e. safety, constant supply, carbon free output and reliability in achieving our Sustainable Development Goals. The IEA projects that, even with continued subsidy and research support, the rest renewable sources can only provide around 6% of world electricity by 2030. This is the reason why governments are trying hard to have nuclear technology so that they can generate more amount of electricity within a specified timeframe. Although, this resource has greater utility but the limitations associated with Nuclear Energy need earnest attention in respect of its impact on environment. It is established with the help of case law analysis of Chernobyl Accident, Three Miles Island etc. narrating the havoc occurred due to radioactive substances mishandling. Efficiency of nuclear laws can be analyzed from this very point that no major nuclear aversion has ever happened in India and it is possible only with the effective functioning of the nuclear laws of the country. Its compatibility with the international mechanisms set out by the IAEA and other nuclear export regimes. The sustainability to Nuclear Power is observed in respect of Indian scenario with the help of relevant data and statistics. Long term sustainability of nuclear power is primarily a matter of the fuel cycle. From a resource conservation and waste management perspective, the environmentally-rooted 3R hierarchy of reduce, reuse and recycle should become its cornerstone.

Reservation in India is the process of reserving seats in government jobs, educational institutions, scholarships, even in legislatures in some sections. It is also known as affirmative action in India, connoting positive discrimination. The landmark Mandal case brought in the concept of the vertical and horizontal reservation to uplift the downtrodden section of the country. The method of reservation provided in the country can be heterogeneous or homogeneous. A heterogeneous system is where the vertical reservation cuts across the horizontal reservation resulting in an interlock. Lately, a lot of discourse has emerged as to how this heterogeneous system should be put to effect in the case of migration within classes. There are two main standpoints of the Indian judiciary on this subject. One group is of the view that migration from reserved to unreserved category impermissible based on merit. However, the High Court of Allahabad and Madhya Pradesh held that migration within the horizontal category would amount to unjustified results. These courts held that for vertical reservation migration is permitted however it must be counted against the respective horizontal category. The recent Supreme Court judgment in the Saurav Yadav case affirmed the first view of permitting migration based on merits. However, by delivering this judgment the court did not take into account how this implementation would amount to injustice to the open category candidates. Amidst this scenario, the paper tries to analyze the implementation of different types of reservation systems in India. The paper also attempts to emphasize the need for change in the present approach by examining the special reservation for women. Finally, it aspires to make suggestions to attain a balance between conflicting interests arising out of the various reservation policies in India.

International Adoption is a phenomenon mainly of the past one and a half decade. In India, Adoptions are predominantly governed by personal religious laws. The amended Juvenile Justice (Care and Protection of Children) Act, 2016, laid down an Adoption regulation, 2017 which framed an adoption pathway for non-residential Indians, foreign prospective parents, overseas citizens of India, and adoption of child by an Indian citizen from a foreign nation. However, there is a dearth of specific provisions with regards to the grant of citizenship of internationally adopted children. This article focuses on highlighting the gaps in the provisions and sets forward a solution to fill those gaps.

Rape is commonly known as a sexual assault involving any sexual intercourse or any other kind of sexual penetration done or carried out generally by men against women and not his wife that too without her consent. The meaning of marital rape is indecisive and is subject to interpretation. There has been no rational interpretation of the same in the Indian scenario, it is still a doubt in the minds of the Indian society that it is based on violence or is merely just forceful sex is extensive. Marital rape has now been recognised globally as a grave public health concern due to its devasting effect affecting the physical, sexual and psychological health of the victim. The recognition of marital rape as a serious crime and long-term consequences to the victim has now become a significant topic of research in the recent past within the area of domestic violence. Though marital rape was a kind of domestic violence that has been generally ignored now the marital rape has often received a denunciation and voices by various researchers, academicians, intellectuals and feminists through discussions of it on several occasions. The available shreds of evidence on marital or domestic violence show that many women's are forced to have sexual intercourse with their husband with physical force. The current article represents a broad review of marital rape. Definition of marital rape and important information relating to the incidence of marital rape are being summarised followed by both legal and psychological aspects of the problem and its exemptions. A brief legal history of marital rape in Indian as well as a global perspective, followed by the remedies and legal provisions available to the victim. Suggestions for the change in existing rape laws and their penalties have been offered in the conclusion.

Corporate Social Responsibility is not a new concept and many countries are optimizing this process to increase the pace of development in the country. The use of CSR as source of development has made many countries to resolve such problems which were acting as barricades against the country’s development. India is one such country which not only adheres with this CSR phenomenon, but also made it mandatory for specified companies of the country. This article mainly represents how CSR has evolved and developed from centuries and how it helped Reliance Industries Limited, to contribute towards development of India through a case study. Reliance is one of richest company in the world which is spending their funds over CSR activities from years. The research in this article will take the readers to a journey of RIL’s CSR contribution and analyze the strategies of Reliance to achieve a big name in the world of CSR. This document will highlight the company’s commitment towards socio-economic matters in the country and how it has responded to the Corporate Social Responsibility.

This paper discusses about the concept of movable properties under Private International Laws. It will discuss about rights of ownership over the movable properties under the situation of stolen cultural properties and tax claims over goods in transit. This paper will also discuss about the differing opinions of Courts in United States and England as well as principle of Lex Rai Sitae and its application under different circumstances. In addition to this, the important provisions of UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, 1995 have been analysed as well.

In India, the concept of marriage is a sacred social institution in which sexual intercourse between a husband and wife is legal. But this sacred institution has also become a dangerous permit to rape. Rape is a heinous offence committed against women that violates her integrity and self- respect; and reduces them to a nothing but an object used for sexual gratification. Marital rape is the most common and repulsive type of masochism that exists in the Indian society which is hidden perfectly under the façade of a perfect marriage. Regardless of the legal meaning attributed to the term “marital rape”, it can be defined as any unwanted sexual intercourse or penetration that is brought about through the means of force, threat of force or when the wife is unable to consent. Yet, the law makers of the country are hesitant to remove the exemption under Section 375 because of the backlash they may face from the conservative section of the society while giving no regard to the cruelty inflicted upon women who suffer without recourse in law. Through this paper, the researcher aims to compare the laws relating to marital rape in the India with that of other countries and argue that the continuance of the marital rape exemption under Section 375 of IPC is a violation of fundamental rights and therefore, is unconstitutional and struck down as noted by the Verma Committee recommendations. The data for the research was collected from secondary sources in the form of books, governmental websites and academic journals.

It has been testified repeatedly that though Indian legal system derives its essence from the English Common Law system that has existed since medieval times, over the years, the stalwarts of the Indian Legal System, have shaken off the colonial fetters and shaped the law to accommodate Indian circumstances. The story of evolution of the Doctrine of Absolute Liability enunciates the intricacies that Indian jurists went into to secure justice for the Indian masses. This paper attempts to analyse the applicability of absolute Liability in the Indian System. Furthermore, it tries to understand the reason behind the paradigm shift from strict Liability to Absolute Liability while discussing various case laws.

In this Article we will be comparing the differences between the Payment of Bonus Act 1965 and Code on Wages 2019 enacted by the Indian Legislature. We will be discussing the key changes which were brought in by the legislature while enacting the Code on Wages 2019 and how those changes are going to affect the Payment of Bonus to the Employees and what are the duties of the Employer which he is obliged to follow under the said Code. We will also see what the intention of the Legislature was while enacting the Code on Wages 2019 and repealing the older version of the Payment of Bonus Act 1965. Therefore, in this Article the author has dealt with each and every aspect of the provisions of Payment of Bonus which guides itself under Chapter IV of the Code specifically. The author has also given its opinion on what will be the circumstances and shortcomings which the Legislature must have foreseen, or which must be clarified in the future by the Legislature or by the Indian Courts after interpreting the law in its literal sense or applying the Golden Rule of Interpretation.

It is very important to note that the concept of paternity leave is something that is often overlooked when it comes to the Indian Law Regime especially taking into consideration the fact that the same has not even been discussed in detail by the International Labor Organization. This paper will look at the existing Paternal Leave Laws, form a critical overview on the Paternity Benefit Bill, 2017 that was proposed and analyses the loopholes In the same. The paper also looks at what exactly can be considered as something that comes under the scope of “Paternity” especially with regards to the recent de-criminalisation of homosexual couples. Further, the research paper contains a brief analysis of the case Chandermohan Jain v. N.K.Bagrodia High School which is the first case that discussed the issue of paternity leave in private institutions while finally concluding with the author’s suggestions as to how the concept of paternity leave can be enforced in India.

The paper examines the concept of custody and evolving concept of shared parenting. In this paper the author have highlighted the age old concept of custody in which either of parent in matter of matrimonial disputes were given responsibility to raise the child. With the change in nature of society and for benefit of child, there is an evolving concept of shared parenting which has been used by the court to resolve the matter. The author had primarily highlighted the concept of custody, on what ground the custody matters are determined by the court and the evolving concept of shared parenting.

Feminism as a concept has been always a little too hard to understand. Going through different phases and adapting to different definitions, it has become a broad term. Here, the aim is to analyse the movie “Little Women” (1994) through a feminist lens. The movie appears to fit nicely into the genre of literature for young girls at first glance, but it surprisingly transcends many of the nineteenth-century gender stereotypes. Little Women questioned society's definitions of stereotypical gender roles and pushed the limits of expectations put on both men and women to comply with society's standards. An attempt has been made here to link the actions of the characters in the movie to represent different phases and waves of feminism and how the movie stands as an excellent example of contemporary issues too despite being from a different time period.

Firstly, Compared to previous financial crises, the global pandemic (COVID-19) has wrecked the world’s economy and elicited a very different response to indirect tax regimes in particular, because governments have been unable to lean on policies that might increase demand and standard fiscal stimulus for an economic downturn. During this period global economy has got the flu resulting trade surplus reflecting on GST chain and depressed economic demand. Exports and imports have been falling since March which impacted the tax community with regard to GST returns due to unprecedented crisis which also in turn impacted other economic activities like interstate and intra state trade transactions. This situation was driven by Cessation of economic activity and is threatening to turn into a massive financial crisis despite the several steps taken by government to ensure that the financial contagion is arrested. Similarly proactive measures in GST are perhaps imperative regardless of the fiscal strain.

This paper discusses the working of Panchayati Raj institutions in Assam under the 14th and 15th Finance Commission. It will discuss the guidelines given under “Amar Gaon Amar Achani” (which is a Gram Panchayat Development Plan) under the 14th Finance Commission as well as the matters covered under the 15th finance commission. It will discuss if the funds given under the grants by the finance commission are sufficient enough to address all the problems faced by the PRIs or not. In addition to this, this paper also highlights the working of the panchayats after the enactment of Assam Panchayat Act, 1994 and the level of autonomy enjoyed by each tier. The scope of this paper is limited to the reports given by the 14th and 15th Finance Commission and informations available under the website of ‘Ministry of Panchayati Raj’.

Euthanasia is one of the most prevailing issues that has been a subject of intense debate. Euthanasia has been an issue in human rights discourse because it affects both ethical and legal issues concerning both patients and health care providers. Patients who are suffering from terminal diseases face pain because it gradually worsens until it takes the life of the individual. So, the main question arises whether an individual suffering from a severe disease should be given assistance in killing themselves or they should be left to suffer the pain and die a natural death. This question was answered in the Aruna Shanbaug case where the judgement made it clear that passive euthanasia will only be allowed when the individual is in the persistent vegetative state or terminally ill. Euthanasia is a controversial issue because it involves the termination of human life. This paper deals with the concept of Euthanasia, its history, types and the legal status in India followed by the case of Aruna Shanbaug. This judgement broadens the concept of euthanasia and has paved the way for medico-legal challenges in the area of health and life.

Purpose: The purpose of the paper is to understand the negative impact of ageism on workplace culture. Research Implications: The paper studies the understating of negative impact of ageism and ways to combat ageism at work place culture. The research also consists of legal actions related to ageism at workplace. Findings: For everything that is understood, ageism toward older citizens might be as pervasive as previously thought. Studies in this area ought to fill these data holes by looking at people of all ages. Much of the time young people have coworkers as targets of ageism Also, middle-aged and older adults recorded age discrimination; when buying and getting their necessities as well. Different people commit ageist prejudices" Ageism was encountered no matter who one's age. The research results add layers to our perception of ageism by considering different levels, regions, genders, and forms of prejudice. It is suggested that multiple treatments may be required that apply to people from various ages. More people are ageing across the globe, and this is expected to continue for decades to be the case. Due to the ageing population, the workplace is getting increasingly ethnic, which affects age groups. A lack of diversity of age has the potential to contribute to prejudice against older citizens. Rising age prejudice and the number of age-related jobs allegations are often demonstrate ageism. Originality/Value:The paper presents about negative impact of ageism on workplace culture. The study is based on secondary data of research papers, articles, books, etc. It is not based on primary research.

The current research focuses on the control of a communication medium that has ushered in a new age of communication pace. With the advent of social media, the internet, which has impacted many aspects, has revolutionized the information age. In certain respects, the emergence of the internet was unlike the emergence of any other set of creative communications technology. It introduced new features that not only shattered a slew of barriers between personal and mass communication, but also reversed a centuries-old mass media paradigm. The new communications movement has empowered content consumers to become content creators themselves. User produced content has grown from humble beginnings, such as the opportunity to post text or photographs on personal web sites, to an extraordinary global influx of mixed original and reused content that exists in a variety of ways and formats. This today include video sharing, social networking, blogging, and tweeting, among other things. It's been dubbed "social media" as a whole. When opposed to other types of advertising, social media has its own set of characteristics. This paper focuses on how social media influences or facilitates the procuring of evidence in the judicial system. Because of its pace and reach, once material is released, it is instantly accessible to a possible global audience. Social media is used by people of all ages and professions. Not just is social media altering the way we interact.

Rohingya Refugee crisis is a major humanitarian crisis faced by international society and is a matter of concern for the United Nations High Commissioner for Refugees (UNHCR). The Rohingya Muslims had been facing discrimination and violence for a long time. On 25 August 2017, the military attacked the Rakhine state of Myanmar to execute the Rohingya Muslims staying there. Approximately 7,45,000 Rohingya Muslims fled from the Rakhine state in Myanmar. The Myanmar government refused to acknowledge the presence of Rohingyas in the Rakhine state. The policies made by the Buddhist majority country were against Rohingyas, as they feared that Rohingya Muslims want the country to be a Muslim majority country. The Rohingyas constitute approximately 7% of the total population, Buddhists 80% and other ethnic minorities 13%. The Rohingyas are denied their citizenship by the government, eventually making them ‘stateless’. This paper traces the timeline of discrimination faced by Rohingyas as it dates back to 1948. Further, it analyses the role of India and the approach taken by the Indian government and judiciary for tackling this crisis. Although India is not a party or signatory of the Convention relating to the Status of Refugees 1951 and the Protocol Relating to the Status of Refugees 1967, it provides asylum to several refugees. Domestic legislation and policies have been formulated keeping in mind the refugees hosted by India. The Citizenship Amendment Act (CAA) 2019 is considered to be against International Human Rights, and it limits the definition of ‘refugee’ as defined in the 1951 Convention.

Madurai is also known as the Cultural Capital of Indian State of Tamil Nadu. Madurai is situated on the strategic southern part of Tamil Nadu near the Bay Of Bengal. The District of Madurai is bounded by Theni in the west, Sivaganga in the east, Dindigul in the north, Virudhunagar in the south and small parts of Tiruchirappalli in the northeast. Madurai district is witnessing a very hot and humid weather throughout the year and considered as hottest district of tamilnadu as well hottest city. Indian is a country with great and densely populated urban centres/ cities.Most of our cities have great traditions, history and heritage behind them.The history of Indian urbanisation starts in the subcontinent from the Indus Valley Civilisation and has come to a point of great development for the cities or urban centres that has/been developed in India with great emphasis and attention given for infrastructural development suited for the people who live there.Yet there are certain cities or urban centres that preserve or still carry on the heritage and rich cultural history that it had in the past,one such city is MADURAI OF TAMIL NADU. Madurai is known for its culture, heritage, and Historical past and is known in different names like Athens of the East, Thoonga Nagaram (City that never Sleeps), Naan maada koodal (City of Four junctions), Malligai Managar (City of Jasmine),Koodal Managar (City of Junction) Koil Nagar (Temple city). Madurai is the cultural capital of Tamil Nadu and the administrative headquarters of Madurai District. According to the 2011 census, it was the third largest city in Tamil Nadu after Chennai and Coimbatore and the 44th most populated city in India. Madurai is located on the bank of River Vaigai. Madurai has been a major human cultural settlement for over two millennia. Madurai is the place where The Sangam Councils were gathered. The recorded history of the city goes back to the 3rd century BC. Madurai as a city was mentioned by Megasthenese and Kautilya. Madura has a long history and remnants of human settlements and Roman trade links dating back to 300 BCE. These facts and legends about the city are mostly proved from excavations by the Archeological Survey of India. The city has a great history in antiquity Madurai has been ruled by the Pandyas, Cholas, Madurai Sultanate, Vijayanagar Empire, Madurai Nayaks, Carnatic Nawab, and the British East India Company. Madurai is one of that few cities that still preserve its history, tradition and heritage still in this modern world as a modern city.

This Article is based on the study of Arrest, procedure of arrest and the rights of the arrested person. Initially the article address the meaning of Arrest, which propounded that it, means seizing and detaining a person from his personal liberty and right to move freely. Then it discussed about how the arrest made under the code of criminal procedure 1973, which includes two method- one is arrest with warrant and second one is arrest without warrant. Arrest with warrant take place when the person has committed a non-cognizable offence, which means the offence is less serious in nature. Moreover, Arrest without warrant take place when the person has committed a cognizable offence, which means the offence is more serious in nature. Then it discussed about the rights of the arrested person that is, right to consult a legal practitioner, right to know the grounds of their arrest under which they have been charged, right to be taken before a magistrate without any delay and so no. There are multiple case laws, which provided us with several guidelines of arrest and the right of the arrested person. However, there were several crucks were this process has been criticized and several questions has been raised in the functioning of this procedural system in India. One of the biggest drawback is the scope of corruption and connected malpractices in India, which primarily effect the detention of the correct person and the rights of the arrested person.

The world is confronting unforeseeable and extraordinary circumstances that grow due to the impact of Covid-19. The global economy is adversely affected and the legal fraternity and justice system is no other exception. The law and justice are the fountainheads through which people can uphold their rights, seek recompense for their grievances and protect those who are at risk of being overlooked. Access to justice cannot be denied to any woman during this time of global pandemic. The researchers focus on the major threats of domestic violence to women’s lives associated with the Covid-19. With the outbreak which is tremendously growing in all spheres, the worldwide disruption such as racism, caste-based violence and classism set to continue. The number of incidents against China and ethnic Asians has been reported worldwide and various racist comments and crimes against Asian Communities recorded since the pandemic started. In India, Northeast inhabitants are facing racism through denouncing remarks and physical assaults. They are culpable of reverse racism in their own states. India has faced many incidents of caste-based violence during this outbreak. The coronavirus does not discriminate, it affects all. The ability to withstand the distress varies the rich and the poor. Many migrants and homeless are ceased from purchasing rations and entering protection camps. India is a country which cannot battle against coronavirus crisis without considering its class and caste divisions. Indian epidemic strategies are coloured with class bias as self-quarantine and social distancing cannot be feasible for a person sharing a tiny room with 10 people in a slum. In the current pandemic crises and the declining political systems, the role of the judiciary as a justice delivery mechanism of a country becomes more vital, it’s the duty of every judge to be readily available to serve fellow citizens especially in the matters involving the protection of their basic fundamental rights.

Indian art, the genesis of which can be traced back to prehistoric times, has experienced an evolution of epic proportions through the years. The Indian Fine Art Market, greatly influenced by Modern and Contemporary Art, seems to be ameliorating from the state of tumult it had to witness succeeding the Great Recession. Although India has yet to leave its imprint on the facet of the global art market, it is still among the top four growing art markets in the world. Concurrently, there is also a need for strong legal succour and intervention to ensure smooth and transparent operation of this dynamic art industry and also to provide relief concerning issues and disputes that arise within it. In this paper, the author discusses the multifarious nature of law and its applicability in the Indian art market while simultaneously accentuating the need for stricter Government regulations for a better future of the art industry.

While criminal law generally promotes and mandates the majority of power relations, law compels and authorises competing social power. Women employees are a major factor in the economy’s transformation. But the development that we want to pursue can be hindered by gender disunity and violence. The gender divide has been made necessary by all the philosophies, structures and current policies. The first part of the paper starts with an introduction to the present system of gender disparity in India with respect to the Criminal Justice system. Second part deals with the various causes gender disparity in India. Third part of the paper talks about the contemporary examples of women being mistreated in the system. The paper ends with the recommendations as to how the disparity can be reduced along with the conclusion. Socio-cultural transformation can be achieved by increasing literacy and economic mobility, dealing with the majority of the issues facing women. As men are involved in government departments, implementation of welfare laws and schemes is quite sluggish.

It is an interesting debate as to who is more responsible for the spread of the Covid-19 virus in India- the individuals or the government. What caused the ghastly second wave? While I am deeply disappointed in our government for failing to provide an adequately strong health infrastructure or the lack of preparation to tackle the deadly second wave and instead indulging in blame-game and dirty politics, I must say that the spread can be contained or mitigated by the individuals’ sense of responsibility and self-control. Without awareness and self-leadership from the individual level, any and every government action is likely to fail in the time of such a global pandemic which has, especially left India reeling under its second attack. In a country like India where religious tourism is high and community gatherings for celebrating festivals record huge numbers, the government can set guidelines and issue health advisories, but it is actually up to all of us to take steps as individuals to follow the guidelines, take precautions and think about the impact of our own actions. This article talks about the problem of responding to the pandemic in a democracy like ours just on the basis of government actions and no individual accountability, and further highlights the importance of self-leadership in the face of the deadly second wave. Further, it highlights how individual action can cause mitigation and why it is necessary especially in these tough times.

In today’s age where all information is available at a click it is vital protect ones privacy. One way to protect this right by giving right to erasure or right to be forgotten. In Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González , the Luxembourg-based Court of Justice of the European Union held that Google must remove the search result that is old, inaccurate, or even irrelevant data if the person involved requests it. Sadly, the decision of the court was limited to geographical territories. The information could have been accessed beyond these geographical territories. In India, in K.S. Puttuswamy v. Union of India, it was held that right to be forgotten is part of right to privacy. But there is no legal framework to implement right to be forgotten. In this article I have discussed its meaning, origin and application in India.

Menstruation or commonly known as periods are natural and vital part of the reproductive cycle of approximately half of the human population. On any given day, hundreds of millions of girls and women around the world are menstruating yet a substantial proportion of them lack knowledge and means to manage their menstrual health with dignity due to factors like gender inequality, poverty and lack of facilities coupled with religious and cultural taboos. On an average, a woman menstruates for 3000 days during her lifetime and these days often prove difficult for them due to lack of menstrual hygiene management. In the last decade significant steps have been taken in global level on this issue pushing states to include menstrual hygiene as a part of their policy making and to recognise menstrual health as human right. With the celebration of May 28 as World Menstrual Hygiene Day, slogans such as ‘break the silence’ or ‘no shame periods’ sounded as shouts of empowerment. Keeping with the same, India has also made notable progress in menstrual hygiene. However, the question of the hour is whether the steps taken have proved fruitful in achieving the desired results. Several news reports still throw light on stigmas and discriminatory practices against menstruating women such as social exclusion in places all over India. The paper analysis the strides taken in India on menstrual health and hygiene and explores into possible measures to realise the same as a human right.

Corporates are an important part of our society. The growth and development of an economy is largely based on these corporations. Any negative act of corporates has a huge impact on the society. Therefore, crimes committed by corporations needs to be eradicated as they exploit society directly or indirectly. Corporate crime is also known as organizational crime or white-collar crime. Corporates has a distinct personality and is different from natural persons. The concern is whether a corporate can commit a crime being a non-natural person? Under the concept of vicarious liability companies are held guilty and not the personnel’s working for such corporates. The scope of vicarious liability to offence involving mens rea give rise to company criminal liability. However, the Indian statutes are not in pace with different doctrines and concept which makes the corporate criminally liable. Thus, they do not make corporations criminally liable. There is no other punishment except fine. This paper assesses the legal policy associated regarding the issue of corporate criminal liability. It also compares the criminal liability of corporates in Indian, USA, UK, and Australian legal system.

In the absence of adequate legal framework over the unchecked and arbitrary power in the hands of the husband, it is being misused by husband to dissolve the marriage abruptly, which increases the vulnerability of married Muslim women. Hypothesis In the absence of codified Muslim personal law the apex Court of India has played a proactive role in upholding gender equality. The objectives in perusing this research paper are is to analyze the concept of divorce under Muslim personal law and focusing on the practices of Talaq in India., to examine the need for protection of women in India in respect of divorce under Muslim personal law, to what extent legal framework is pertaining to divorce Muslim women for achieving the constitutional goal of equality in respect of divorce under the Muslim personal law in India, to analyze the role of the apex Court in the quest towards gender justice in respect of divorce under Muslim personal law. The Research paper answer the following questions-: What is the law on divorce in Muslim personal law? To what extent do various modes of divorce create an inequality between Muslim men and women? What is the legal framework pertaining to divorced women in India and examine their venerability in the absence of the codification of Muslim personal law. What has been the contribution of apex Court towards the quest of gender justice within Muslim personal law on divorce?

The paper will discuss elaborately as to how these two companies could raise such a huge amount and violated the various provisions of the Companies Act and SEBI Act. The current Sahara case will serve as an important precedent and will be considered as one that brought the focus on investor protection, not because the deceived investors staged a protest, but because of the highest court of the land which issued landmark orders on the violation of its regulatory framework, mandated compliance, and jailed the offenders. Through the course of this paper, the idea is primarily to critically analyze this case and throw light on each of the issue covered in the judgement. I have also made an objective effort to examine the justifications put forth by both the sides in their defense.

The law of sedition has been attracting criticism since its inception during the colonial times. The motive behind introducing the law by British was to suppress the voices and not promote the nationalist movements in India. However, post-independence, the law seems vague for a free speech is the soul of a democratic country. Moreover, the law has been misused by the government through the years. In the name of national security and integrity, the powerful authority has been mishandling the application of this law. The law is being used to suppress dissent and dissolve criticism. Sedition law is henceforth being considered as a violation of freedom of speech and expression though a balance was struck between them in the Kedarnath Judgement. The paper henceforth focuses on this issue and tries to provide suggestions for the same.

In the beginning, the article shall provide a preliminary introduction to the Unlawful Activities Prevention Act, 1967 and the National Investigation Agency. The article shall then talk about the evolution of the UAPA through successive amendments, which have led to broadening the horizon of the executive control and its subsequent impact. Further, the article shall establish how the political dissenters are held culpable by the successive Governments in power and how by criminalising dissent, the fundamental rights of the critics or dissenters are violated. The article shall then talk about the evolution of the National Investigation Agency, taking into account the recent amendment and how the body, through its functioning, has impacted the fundamental rights of the people. Finally, the article shall be concluded by encapsulating the whole discussion and attempting to provide pragmatic solutions to alleviate the current situation in a holistic manner as much as possible.

Recently, Supreme Court gave a landmark judgement in a battle that started in October 2016 between TATA group and its chairman Mr. Cyrus This case Tata Consultancy Service Limited V. Cyrus Investments Private Limited, and Others highlighted the doctrine of “Oppression and Management” under Section 241,242 and 244 of The Companies Act, 2013. This case commentary encapsulates the facts, issue and judgement of the case under which the validity of dismissal of Chairman of TATA group, Mr. Cyrus Mistry and the decision taken by NCLAT in favour of Mr. Mistry was challenged.

For the past one- one and half year, the entire world has seen some unprecedented happenings. The onset and eventual spread of Covid-19 pandemic posed grave challenges to our conventional ways of functioning. To do damage controls, nearly all facades and activities of daily life had to switch to other alternatives. For some, the transition was smooth while for others, not so much. Among the many things that changed due to impact of Covid-19 pandemic where how consumers bought and spent their money. Due to the lockdowns and shutdowns during the pandemic period, production and supply of several commodities was affected. In some cases, due to paranoia, consumers restricted spending as many people lost their jobs. This research aimed at finding the peculiar aspects that govern consumer behavior in unforeseen situations such as the one we find ourselves in at this very moment. During the pandemic and the lockdown, a lot many things changed and some, permanently. This researched aimed at looking upon the consumer stimuli to these changes, with emphasis on hoarding, supply chain disruptions and panic buying. The methodology for this research included a perusal of consumer spending trends in various commodity categories, analysis of people looking for alternatives to regular options due to shortages or paranoia and how the demand and supply equation in general changed due to consumer behavior. To substantiate our findings, the researchers also conducted a survey wherein a questionnaire touching upon the aforementioned themes was circulated. Our research concluded that consumer behavior is bound to change when it encounters unforeseen situations, like the Covid-19 pandemic. The degree of change could vary, depending upon the severability of the danger that consumers perceive. Our analysis and data collection vide means of a survey attested to this fact and showed that while consumer stimuli is more or less inevitable, its impact can be soothed with appropriate actions.

The basic feature of “Federalism” consists in the division of powers between the Union and the Constituting units as well as the local governing bodies functioning within the units. Thus, decentralization power is the basic aspect of federation. The Constitution of India possesses the basic features of a federal system but at the same time unlike other federations of the world, the federal system in India is tilted towards the Centre. Along with this, a considerable amount of power and freedom are accorded to the States their allotted domain. The word “Federation” is nowhere mentioned in the Constitution of India and the federation existing in India is not the result of any agreement between the States and the States have no right to secede from the Union. It is an indestructible Union of destructible units and the Union Parliament is empowered under the Constitution to create new States by separating a territory from existing States, merge two or more states and alter the boundaries or names of the States. But India is a cradle of diverse social, cultural, religious and geographical conditions and so it is not possible for the Union Government to single handedly make laws for all the States keeping in mind their peculiar needs. So the States are also empowered to make laws to suit their social, cultural and geographical needs. In India the federal structure changes into unitary structure to deal with national crisis and to curb separatist tendencies. But at the same time various efforts are also being made to increase cooperation between the Union and the States to make the federal structure function smoothly. Thus, it can be said that India is a cooperative or collaborative federation with a strong Centre to uphold the sovereignty, unity and integrity of the nation.

The paper titled ‘A study on dying declarations and its importance for the rape victims’ focuses on the concept of the dying declarations and the paper further highlights the importance of dying declaration in the trials of the rape victims. Statements made by any dying person regarding the injuries that culminated in the death or the situations under which the injuries were inflicted are known as the dying declarations. Maxim “nemo moriturus presumitur mentire” governs the principle of dying declaration. Dying declaration is an exception to the hearsay rule. The paper has analyzed the regulatory frameworks and the legal provisions in regard to the dying declarations throwing a light on the scope and application of the concept of dying declaration. The paper analyzes that in what circumstances the dying declaration can be a sole basis of conviction especially in rape trials. The paper further gives the insights of the various provisions under the Indian evidence act and the principles governing the declaration. The paper talks about the reliability test that the dying declaration has to pass to be the basis on conviction in the case trials. The paper also deals with the famous rape cases in which the dying declarations led to the conviction and further sentencing of the offenders. In the conclusion the paper gives the insights of the dying declarations, the merging importance of the dying declarations and how this is being used by the court of law in different cases where the dying declaration is established to be a strong evidence after passing the scrutiny if the courts and the reliability test.

Living in a religiously diverse society, such as India, can be challenging. While it is important to maintain the individuality of these diverse groups, it is also imperative to ensure that such groups are able to provide for as well as protect the individual rights of every member within the said group. This paper is written to address the well-known phenomenon called Forceful Conversion, while keeping in mind the various aspects related to it. In order to ensure acceptance and administration of rights of individuals, various efforts have been taken to recognize as well as introduce international and national legal frameworks, within the Indian Legal System. It is noted that ‘Society’, as a whole, can be considered as a living organism that is constantly changing. Due to this ever-changing nature of the Society, the Nation requires a flexible yet well thought of legal system that ensures that such societal changes are kept abreast with. It is duly stated that this paper has been written while keeping in the sensitivity surrounding the aspect of religion. The research paper aims to look into the history of Anti-Conversion Laws in India. It is intended to center around the study of the recently passed Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance (‘the Ordinance’) of 2020. It identifies various provisions pertaining to the freedom of religion, thought and conscience as provided for within the scope of International Law. The frameworks being referred to here are the UDHR, ICCPR and the General Comments related to the ICCPR. These provisions are thereafter studied to identify its influence on the Indian Anti-Conversion Laws. Additionally, this paper offers the Author’s unbiased observation and comments regarding the new Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

A pre-nuptial agreement or pre-nuptial is a type of a contract, which is entered to by the parties who are engaged to be married to decide the transfer of certain properties which they hold on their own or together and other liabilities that are attached which might be difficult to solve at the time of divorce, separation or breakdown of marriage. Previously it was only limited to western countries where divorce rate is much higher than that of India, but now it’s slowly gaining momentum in India as well. The intent of this research is to peruse out the difficulties that arise in an Indian society with reference to acceptance of pre-nuptial agreements in a common platform. The intend of the research is to analyse in detail the approach of Indian societies towards pre-nuptial agreement through a data study focusing on the young people who are the intended parties of the pre-nuptial agreements and the families involved who become the reason for the unpopularity of these agreements. A part of this research will also highlight in detail the comparative analysis of Australia and its laws pertaining to how they look at the pre-nuptial agreements and how the courts enforce these agreements either with the help of the laws existing or through case by case basis. Along with an entire focus shall be to focus in detail the understanding of the public policy as to why they are failing in India and becoming an interfering nag into the approach to some laws who have not had an amendment in decades, one such problem also persists with pre-nuptial agreement. The last part of the research shall be to suggest a Pan India model of pre-nuptial agreements in persistence to existing laws in India.

Rape is one of the most henious crimes that ever exist, legislature and law enforcement institutions of India have overlooked this crime happening in the institute called “marriage”. Marital rape is a seious issue which our legislation has failed to notice. Women in India who are raped by their husbands are coming forward nowadays, but our legal system looks over it as they do not recognise the concept of rape in a marriage. There are very dark consequences of marital rape that are much worse and more than physical damage, it is emotional and psychological damage. This paper will elaborate the concept of marital rape and how women in india suffer in silence due to the lack of laws by the help of data and observations. The purpose of this paper is to investigate the alarming need of appropriate laws for marital rape in India.

The Election Commission of India (the ECI) is envisioned as an autonomous body that represents the affirmed motivation behind seeking the goals of free and fair elections in the country. But due to various events in the upcoming years, this image of the ECI, being independent of the outside influences has been tarnished. This paper outsets by throwing some light on the history and purpose for establishing the ECI by our Constitutional makers. It also highlights how the ECI has emerged as the guardian of the Indian democracy by superintending, directing and controlling the election procedures. Despite this superior role, the ECI faces numerous challenges, one of which being the challenge of being independent and unbiased. There have been a lot of controversies on this subject that have been duly examined in the paper by citing appropriate illustrations. With the change in the governance, the Commission has also needed to adjust to the evolving conditions. Hence, it is vital to point out that the ECI has definitely proved to be flexible with the wide idea of its sacred system by adapting to various modern initiatives. What has arisen in the course of the last six-and-a-half decade, is an Election Commission that has significant powers, indeed, far more prominent than its counterparts in the other democracies. Lastly, the paper has put across the way forward for smooth conduct of the election process in the country.

This research paper will describe cyber forensics, also known as computer forensics, which is a subdivision of digital forensic science, relating to evidence detection in computers and digital storage media. The purpose of cyber forensics is the forensically-sound investigation of digital media with the intent to: identify, preserve, recover, analyze, present facts, and opinions; concerning the digital information. Even though it is generally allied with the analysis of cyber-based crimes, computer forensics may also be used in civil proceedings. Evidence composed from cyber forensic analysis is typically subjected to similar procedures and performs as supplementary digital evidence. With these advancements, it was desired that cyber forensics be to protect users and remain citizen-centric. It also shows that there is additional research needed to understand the implications of cyber forensic research to improve detection of cyber-crimes.

Traditional Knowledge or indigenous knowledge plays a significant role in the lives of indigenous people throughout the world. Such indigenous knowledge subsists in many areas, such as, food preparation, dressing, traditional dance, medicinal plants and treatment of diseases and so on. Such knowledge contributes immensely in the day to day life of the indigenous people and in many parts of the world this is the only sources for most of the indigenous family’s livelihood. With the development of science and technology and rapid growth of trade and commerce, such indigenous knowledge has become a subject matter of exploitation in the hands of industrialists and traders and hence, the requirement of legal protection of such knowledge arises. Particularly traditional knowledge in medicinal plants are being exploited to a huge extent without recognizing the contributions of the originators. This paper is an attempt to review the existing national and International standards to highlight whether the existing standards are sufficient to afford protection or something more is required to be done.

Indian citizens blessed with several rights which are guaranteed and protected by the Constitution. Representatives of the judiciary have an essential role to play in upholding these rights. However, day by day, it becomes difficult for the Court to handle many cases because we live in a digital era. Technology plays a vital role in our daily lives, creating new rights relating to privacy, cyberspace, etc. To solve these new problems created in this digital era, we need some alternative mechanisms. In this paper, the author tried to find out what will be rights-based litigations in future.

It has been a debatable topic since many years about the exclusivity of broadcasting rights. If the broadcaster gets full exclusive rights, then he will surely exploit the market conditions because the licensing and ownership act as a legal obstacle in the competition of market. They interfere in the market without complying the due process of the required law. On the other hand, United States of America is not a party to “Rome Convention” and the “TRIPS” and it also opposes the WIPO treaty which is being proposed. Indian copyright promises countless positive rights to broadcasters, which the United States of America system is completely deficient.

Food, Clothing and Shelter, nature has given some basic needs to human for survival. One of the needs which is paramount to humans is water. Flowing water in form of river, lake crosses boarder of one state to another. When water crosses one country and enter the into the territory of another then inadvertently it leads to disputes. Every nation ends up claiming ownership over the water. For resolving the disputes, nations use successful machinery of international law i.e., diplomacy. Diplomacy is an art and skill of managing the international relations through peaceful way like negotiation, discussion, mediation. Water diplomacy is an innovative approach and instrument to resolve water issues at transboundary scale when conflict arise in sharing water resources. It may contribute to solve variety of water conflict like fresh water, industrialisation, irrigation, transboundary water management etc., The United Nations in 1997 introduce convention to resolve water problem. The paper will discuss the same. The great part of the earth i.e., South Asia facing same issue since an age, the researcher will highlight the same. As of now water comes under international law and international diplomacy is playing vital role here, this paper discusses the review of water diplomacy further, this paper pointed out the situation of water conflict in South Asian countries like, India, China, Pakistan, Nepal and Bangladesh.

The pendency of the cases in the Indian courts is not a kind of phenomena, one is not aware about. Mounting of the pendency cases right from Supreme Court to Lower Courts at an alarming rate is now serious matter of concern. The Indian Judiciary has always been applauded for the kind of work and judgments are passed by them for the betterment of society, taking care of the neglected sections of the society and what not. The pendency of around 3.3 crores of cases put up an actual image of our lacking judiciary. This has also lead to a huge failure in delivering the justice. The Judges in India are regarded as the Gods who can be seen and courts are the place where one will get the justice vis-à-vis the trauma and injury caused. The authors have tried to critically examine the reasons behind this huge pendency of cases amid the crisis of Covid-19 which has just worsened the situation. Also the solutions to the given problem have been analyzed by way of concluding the article.

Human achievements have gained a new height with the emergence of intellectual property rights. The transformation of mankind from scripts to screens has been achieved with the advent of technology in this digital world. And such invention in works has demanded protection under a legal framework. This has been protected under the Copyright Law, 1957. Copyright is a kind of intellectual property which subsists in literary, dramatic, musical & artistic works, cinematograph films & sound recordings. It is a legal right created by the law of a nation that gives the creator of the original work certain exclusive rights over his work. It protects only the original expressions of ideas & not the underlying ideas themselves. Infringement of copyright takes place when exclusive rights of the owner of copyright are exercised by the infringer without prior permission of the copyright owner. Most of the countries seek to protect the database under the Copyright Laws. This paper mainly focuses on the question of intellectual skills in the creation of databases pertaining to the protection of it under the Copyright laws, 1957. This paper highlights a number of challenges in the protection of copyright in the cyberspace which deserved closer attention & might pose problems in future. This paper also tries to explain the problem of the infringement of the copyright in the cyberspace and also aims to provide ideal solution for the same in the Indian context.

The emergence of Digitalization an advancement of technology gave birth to the introduction of Information Technology Act and the role of electronic evidences in the cyberspace. The present paper provides the in-depth analysis of electronic evidences and its importance in the era of digitalization. The increasing dependency on electronic gadgets caused a need to transform the law relating to information technology, cyber law and ruled of admissibility of electronic evidences both under the civil and criminal cases. Thus, the paper discussed the provisions incorporated under the Indian Evidence Act and IT Act dealing with meaning of cyber forensic, electronic records, electronic evidences and role of controller to authorize the validity of digital signature. The paper further deals with the amendments brought by IT Act under Second Schedule to modify and amend the existing meaning and definition of Evidence under the Evidence Act, the inclusion of various provisions relating to ‘electronic records’ under Indian Evidence Act are contained in sections 17, 22A, 39, 45A, 59, 65A and 65B. Out of which sections 65A and 65B is most important as it provided the rules relating to admissibility of electronic records as evidence. In the later part of the paper, the question regarding the admissibility of electronic evidence without certificate is also discussed with the followed precedents and recent judgments. At the end, the paper discusses various case laws, the intention of Indian Judiciary to form and bring the amendment of Indian Evidence Act, and also how the digital evidence may led to some serious challenges to cybercrime committed widely and intensively.

Female foeticide or the discriminatory abortion of female foetuses has been and sadly, remains one of the number one killers of Indian girls. This paper aims to use qualitative and quantitative data of recent socio-cultural research to take forward the plough hypothesis developed by Ester Boserup and the work of Alesina et al. The paper approaches the problem of female foeticide as a psychological one, rather than a sociological or a legal one. It traces the trajectory of this psychological malaise from its source in agrarian societies to its most common and deadly expression in modern Asian transitional societies in the form of ‘son preference’, which in turn has contributed to increasing numbers of female foeticide yearly.

The waves of feminism have spread all around the globe. Globalisation opens the widow for the exchange of ideas, currencies, cultures, economics, trades, literature and what not. The concept of feminism has just changed the ideologies, perceptions and the stereotype thoughts on the gender roles and practices. The condition of women has been impacted and improved because of the globalisation of feminism. Women Empowerment is a global concern and it could be achieved by removing some irrational practices. This paper is a brief study of the concept of feminism, globalisation and how are the two concepts associated with each other. In this paper a small trial to highlight the positive impact and negative consequences of globalisation on Feminism.

Maslow’s Hierarchy of needs is a theory implemented by various organizations globally to motivate its employees. The thirty year old theory has been widely used and is gaining popularity during the months of this global pandemic where employee motivation is at low levels. Despite, being used by globally to motivate employees its ineffectiveness can be felt by various organizations. A study claims that autonomy, relatedness, and competence are the basic needs that an organization must fulfil to motivate its employees. Technological advancements have made autonomy, relatedness, and competence as basic needs needed to motivate an individual rather than the hierarchy of needs as postulated by Maslow. Companies must satisfy the three basic needs for increasing motivation in their employees.

Through the course of this research paper, the authors aim to draw out the significance of rule of law and present it as a framework within the domain of constitutional legality in decision making that restricts the fundamental abuse of power. The research paper starts with the introduction followed by the challenges faced by the Constitution of India along with the meaning of rule of law. Further the sub topics like constitutional challenges faced by religious minority, secularism in India, the fundamental freedom provided by Constitution of India, and the citizenship provisions are also discussed. This paper also deals internet shutdown as an important challenge of Indian constitution. The objective of this research paper is to find out the implication of rule of law and to analyse the challenges faced by Constitution of India.

The legal concept of Evidence is neither static nor universal. The past methods followed like the trial by ordeal would be alien to the present methods followed today . The Indian Evidence Act is unique. Although it has not been amended in its basic principles, it is firmly situated in the wisdom and expertise of great jurists like Sir James Stephens. India follows the due process model which is in contrast to the crime control model that involves statist agencies in solving a crime. . In the Due Process, the burden of proof lies on the parties to prove their case. Thus, having a guideline for admissibility of evidence is important. Admissibility is not defined but relevancy is, as according to sections 5 and 7 of Indian Evidence act, 1872. This model also emphasises discretion of judges pertaining to the merits of the case. Definite rules are needed to regulate and control such a wide and subjective power and to curb any signs of arbitrariness or corruption that would tarnish the judgement. Yet if one looks to the standard writings on relevance, both in the legal and logical literatures, there is only one point at which the two traditions converge. This is the juncture at which relevance is characterized as that which influences probabilities. The concept of relevance is one of the most highly discussed and debated ideas among lawyers, logicians and jurists. “logical” refers to a clear application of logic that interconnects the facts but “legal” refers to application of law or rather finding logical facts with provisions of a decided law. While logical relevance is a probabilistic deduction, while the legal relevance is more actualist in its nature. In any given practice, these two concepts are at par and whenever, probability is embraced, it needs to be filtered with plausibility.

The judiciary in India plays a peripheral role in upholding the rule of law. It is, therefore, of the utmost importance that highly knowledgeable and skilled judges are appointed to preserve the sanctity of the judiciary. The Constitution of India provides for the appointment of judges to the Supreme Court in accordance with Article 124(3). The focus of this paper is on the Supreme Court of India's unused mandate to appoint "Distinguished Jurists" as judges. The research paper investigates the mechanisms by which such appointments can improve the efficiency of the judicial system or provide the Constitutional Court with a flawless point of view. The paper goes into greater detail about countries such as the United Kingdom and the United States of America, from which this article was borrowed. Despite having such a mandate, the cornerstone of the legal profession, law professors, have no involvement in the Indian judicial system.

The paper titled ‘A study of direct evidence and circumstantial evidence with special reference to the Aarushi Talwar case’ gives the insights of the meaning an application of the direct evidence and the circumstantial evidence which is also known as indirect evidence. Direct evidence can be considered as the testimony that goes directly to any particular point of question and proves that if that is assumed without any kind of deductive logic or inference. For example an eye witness of a murder can be considered as direct evidence. Circumstantial evidence refers to a situation when a witness cannot inform you directly of the fact, the fact that has to be proven. Instead of giving any direct information the witness gives some proofs of certain facts which can help to drive the fact finder on the basis of some rational conclusion. This can help to prove the claim that is supposed to be proven. The objective of the research paper is to analyze the different aspects of the direct evidence and the circumstantial evidence and to check how in different cases they evidences are applied to arrive at the conclusion of the case and the conviction of the accused. The paper also focuses on the Aarushi Talwar case which is a landmark case in which the conviction happened on the basis of the circumstantial evidences in the absence of the direct evidence. The paper also discusses in what conditions if there is an absence of any direct evidence and only circumstantial evidences are available in relation to the case the conviction can be done based on circumstantial evidences solely. In the conclusion the paper states that direct evidence and the circumstances are applied by the courts according to the facts and the circumstances of each case.

The author through this article seeks to highlight and enumerate the multi-tiered issues with respect to the Draft EIA Notification passed by the Central government on April 11, 2020. The article additionally brings forth an overview of the draft that enumerates the multiple imperative clauses and provisions. The issues so understood shall be broken down and scrutinized through a legal and moral aptitude. The article shall also focus on upholding the principles environmental jurisprudence.

The research paper aims at understanding the ambit of the term “minority” and the rights of minorities under Article 29 & 30 of the Indian Constitution. The research paper aims to answer the question of the extent of autonomy granted to minority education institutions to protect and preserve their religion and culture. The rights granted to minority was the result of a sense of insecurity among minority due to their vulnerable position in the society. This led to minorities demanded rights which were rejected by the Constituent Assembly and instead gave rise to Article 30 which came without any restrictions to minorities. However, it was important for minorities to realise that the rights granted to them was not above the law which led to intervention of Supreme Court in the interest of minorities. The Supreme Court, through various cases, has laid down the criteria and ambit to be covered under Article 30 grating minority community the right to establish and administer educational institutions for the betterment of their community. The objective of Article 30 is to prevent the majority to make legislation which takes away minority rights. The intervention of Supreme Court was due t0 the vulnerable position of minorities in the society. The paper also highlights that the right given to minority is granted with the purpose of preserving secularism in the country which is the base of the Indian Constitution. The research paper answers the questions of autonomy to minority institutions and deals with Article 29 & 30.

The objective of juvenile justice is to treat youth who have been deviant and can be rehabilitated into the society so that their integration into the adult life is smooth. Various reasons which lead to juvenile behaviour have been stated in the article. The view that the care and protection of the juvenile offender in an institutional setting where deprivation of liberty is seen not as a punishment, but as a procedure for the reintegration of the juvenile into society is promoted.

‘Power tends to corrupt, and absolute power corrupts absolutely’. The above quote by Lord Acton beautifully sums up the practice of dominance and its abuse in the markets. Following the aegis of the duly established Competition and Anti-trust law regime globally, The Indian Competition Act 2002 in its Section 4 resonates the same principle. Just and fair competition is the backbone of a healthy market. It along these lines properly follows that the Act does not deny the pleasure regarding market dominance, monopoly, or a place of strength by a venture. Nonetheless, practically like the object of some other law, it expects to bring about a level playing field by confining the misuse or rather abuse of such dominance against a non-predominant market player. In the Era of liberalization, the markets achieved a higher position in terms to attract consumers whether it is physical or electronic. The state has the duty to preserve and procure the markets from bad practices. To certain the things in the markets and make a market distinctive in nature the competition plays a very important role. Hence it is the duty of the producers, distributors to align the things which are contrary to the anti-competitive practices. The foremost duty of every company that they must not act as dictator in the market and must not try to make the market an anti-competitive field is primary. Accountability of a firm with respect to its dominant position in the market is in itself a hefty task to be held. The regulators need to be alert with their approach otherwise they themselves might end up being a blockage to a developmental process. In this paper we analyse that when the telecom services of Reliance Jio entered the market, did they adopt such practices which led to the abuse of dominance. This paper investigates the contemporary telecom players reacted to the arrival of Jio and how section 4 of the Competition Act was called into picture in the same scenario.

In the last decade, technology has developed rapidly to include the use of biometric data in our daily life. Biometric Data is being used to identify people and authenticate their identity in India in almost all spheres, from the use of Aadhar for government and welfare benefits, banks, workplaces, access to data, and to use of biometric in rapidly growing e-commerce industry. Usage of Biometric Data Authentication has become the new norm as it has been to solve a lot of security issues. However, Biometric Data being our most personal and sensitive data is not free from the flaws in the system and is vulnerable to many issues such as data privacy and security and authentication issues. In India, there is still no exhaustive and comprehensive laws on the usage of biometric data that reflects international standard. This paper aims to study the introduction of Biometric Data, Identification and Authentication in India and the legal challenges it puts in the IT sector and how such biometric authentication works with other variables such as e-transactions, e-commerce and others. This paper will delve into prevalent legal framework that governs such practices and understand the undergoing challenges and impact that effects and governs the present scenario.

This paper addresses the validity of the offence of sedition in India. It talks about the offence of sedition and how it has been historically evolved or developed. It also states the impact on citizens right to express themselves openly and positively express opposition against governments. This paper critically analyses the constitutional validity of the offence of sedition in India with the help of legal precedents. It addresses the problems that an individual face because of this offence. It outlines the impact of sedition on constitutionally guaranteed right Article 19(1)(A)- freedom of speech and expression. Sedition is a reasonable restriction under Article 19 (2) of the Constitution of India, which provides that the government can enforce a reasonable restriction. However, Mahatma Gandhi called section 124A IPC as the prince among the political sections of the IPC designed to suppress the liberty of the citizen.

This paper mostly centers around the legitimacy of the stock witnesses in the courtrooms, particularly on account of Supreme Court of India. As a matter of first importance, get the idea clear about the face certainty what stock witness really is. However, before that likewise, what is an observer or who is skillful to be acceptable to be an observer? Section 118 of the Evidence Act expresses the people who can be a witness. The court recognizes all skilled people who can affirm with legitimate information on the wrongdoing. There are limitations set in thought by the court on the individuals who are awkward in understanding the inquiries put to them, these include by delicate years as in tender age, extreme mature age, disease, regardless of whether of body or mind, or some other reason for a similar kind. The state of the observer doesn't limits him from affirming yet his inadequacy to comprehend the inquiries or answer judiciously in light of current realities of not knowing current realities of the case avoid him from being an observer. A Stock Witness is an individual who is at the back and call of the police. He obliges police with this changed attestation. Such an observer is utilized by the police in strike or the assault cases. Such onlookers are especially disfavored by the adjudicators or the delegated specialists. Whenever it is shown that a specific observer audited by the analyst is a stock passerby of the police, the court would be maintained in disposing of his disclosure. Regardless, that in itself isn't sufficient to misshape the whole arraignment case. In such a case, it is the responsibility of the court to disregard the insistence of the stock observer and to check whether the additional arraignment affirmation is sufficient to help the conviction of the charged or the censured. Under area 3 of Evidence Act first the terms Fact, Relevant Fact and Fact in issue are portrayed in respect of the verification and later when it will in general should be illustrated, discredited and not showed is inspected. In like manner, while enjoying confirmation in respect of any reality, significant fact and the truth in issue, the Court needs to give its anxious idea towards the specific real factors of the case. There may be a couple of real factors for a circumstance under the careful gaze of Court and among it some may be significant or some may be reality in issue. The Court needs to at first learn current real factors, by then it needs to check whether they are critical and thereafter whether they are truly in issue. In the wake of finding this, the Court will examine the truth and later by applying rules of confirmation Court needs to see that whether those truths are illustrated, refute or not illustrated.

“Everything that can be invented has been invented.” This statement came into light when it was appealed to the US Patent Office Commissioner, Charles H. Duell in 1899. However, it was proved wrong with the advancement in technology. An example of this is the invention of drones which has proved beneficial for mankind. Drones are unmanned aircraft which is controlled by a pilot who is not on board but is able to control the working of the drone from one place. Drones’ haves been used for many purposes which has been explained in the paper. The research paper highlights the evolution of drones and the various types of drones used in different sectors. Initially drones were used for the purpose of security however, with the availability of advanced technology drones have been adjusted as per the purpose for which it is employed. The research paper gives an overview of drones and suggests ways in which drones can be made easily accessible for various purposes without getting into many complications.

Purpose: The purpose of this study is to explore the potential and paramountcy of how the leaders play a chief role in promoting the concept of Organizational Citizenship Behaviour. Research implications: This paper studies the dimensions to the concept of OCB that are a pre-requisite for its applicability, also the different leadership styles that aid in the promotion and lastly the need for Organizational Citizenship Behaviour in the modern workspaces and how it makes an individual notable in the tasks performed and enhances his/her capabilities. Findings: Organizational Citizenship Behaviour plays a key role in developing relationships. It even explores and enhances the leader’s abilities to promote the concept. The scope of this particular topic is wide that makes it practically attainable and applicable. It discovers broadly the areas of transformational, transactional and ethical leadership, along with the social exchange theory and the attitude mechanisms as well as behavioural patterns of an individual. Originality/Value: The following paper is a study on the role of leaders in promoting Organizational Citizenship Behaviour. It comprises of the concept of OCB, it’s applicability and a leader’s role in creating awareness about the same among the employees. The research is done through secondary data gathered through various means and contains no material previously written or published by another author except where the due credits are given. It is solely my work and aims to add additional knowledge to this area of research.

India today is not what it used to be that is it now more educated than before and more civilized but it does not change the fact that the crime rate in India is still increasing despite there being a lot of laws and acts. The problem probably lies in the implementation of those laws which is delayed due to a lack of personnel in the judiciary and increasing cases. This paper studies one of the crimes prominent in India that is crimes against women that is in respect to the landmark and revolutionary judgment of 2013. Even, in this category, we are going to discuss the crimes which are a lot more common in comparison to others which are stated in section 354A to 354D which were added by the 2013 amendment.

Of all branches of law, the branch that closely concern or touches a person in his daily life is criminal law. Crime could also be defining as the commission of acts prohibited by penal law and criminals as persons who commit such acts. The penalisation system is an integral part of criminal justice and for maintaining Social Security. The progress of civilization has resulted within the change within the theory, technique and motive of penalisation. Punishment may be used as a way of reducing the incidence of criminal behaviour either by deterring the potential offenders or by disabling and preventing them from repeating the offence of by reforming them into law-abiding citizens. Thus, theories of punishment comprise of policies concerning handling of crime and criminals. They're classified into four types. All these aren't reciprocally exclusive and each of them plays a very important role in handling potential offenders.The theories of punishment are Retributive theory, Deterrent theory, Preventive theory, Reformative theory. This write up is regarding reformative theory and critically analysing the status in India.

The military intervention in Libya in 2001 was deemed to be a success all around the world. It was the first case of enforcing the Responsibility to Protect doctrine and was considered a win against the Gaddafi forces. This paper contends that these claims of success are premature and argues that the NATO and other allied forces overstepped the mandate of the UNSC Resolution and have therefore violated international law. This paper also argues that this situation was a setback for the application and evolution of the Responsibility to Protect doctrine. The paper supports its arguments and analysis with the help of various scholarly and journal articles.

Intellectual Property Rights, popularly known as IPR, form a part of law in India which has been gaining recognition since not long. It deals with rights associated with the talent of a person in the form of protection of trademarks, copyrights, patents and any other property which is the outcome of the intellect of a person. The researcher in this article has dealt with one of the aspects of copyrights under the Intellectual Property Rights, which is the live streaming and broadcasting rights under copyrights. The concept of live streaming and broadcasting emerged in India with cricket and thus, it is not a new development under the Intellectual Property Rights. But, dynamicity of the society has also led to enormous changes in the field of live streaming and broadcasting leading to different platforms, and also widening of the scope for people to utilise these aspects. Dealing with the historical aspects of live streaming and broadcasting, discussing how the rights were protected for the ones who used the technology for the same, to the changes leading to the various disadvantages brought with advancement in technology, such as online piracy has been elaborated by the Researcher in this research work. The researcher has tried to elaborate on the rights of the broadcasting organisations and discuss the constitutional perspective of the same, following which the aspects of webcasting has been elaborated on the basis of Indian and International laws.

Presumption of innocence is a kind of restatement of the rule that is applied in criminal matters the public prosecutor has the burden of proving guilt of the accused in accordance to be convicted of the crime of which he/she is charged. As we explained in this paper the burden of proof has two elements: the first element is evidentiary burden, i.e. producing evidence in support of one’s allegation, while the second element relates to the burden of persuasion or legal burden, which is the party’s obligation to convince the court on its sides and thus the evidence must prove the party’s assertion of facts. The most commenly recognized qualification of the presumption of innocence is that it serves as a safeguard against wrongful convictions. This conception majorly focuses on the dangers inherent in conviction in such situations. It is the very nature of the consequences of being found guilty of a criminal offence that is believed to necessitate the safeguarding of the defendant from wrongful convictions by, firstly, adhering to the in dubio pro reo principle and, secondly, by burdening the prosecution with proving guilt and thereby defeating the presumption of innocence. In the common law legal doctrine the presumption of innocence is taken to be primarily a rule of evidence, setting standards for the decision on guilt. Taken in this sense, the notion dictates that the burden of proof is on the authority prosecution, and it sets a standard with regard to the threshold of required proof: the presumption of innocence must be defeated by proof of guilt beyond a reasonable doubt before guilt can be regarded as established and a conviction can be taken place.

The paper is a comparison and a critical analysis of the rape laws in India before and after the Criminal Law Amendment Act of 2013 which not only introduced many new sexual offences but also made punishments and penalties more stringent in an effort to curb the increasing instances of sexual offences against women in the cities of India. However on a personal note, that some provisions are not very conducive in providing the fullest extent of justice that should be dispensed to the victims of this heinous crime.” “Rape, the most heinous crime is still occurring in our society. Even after the Delhi gang Rape case so many protests took place; a new law has been passed but still the situation has not changed a bit. Recently a Mumbai based photo journalist was raped. When some journalists from a well-known paper house went to take interview in her locality; they got to know that nobody from the survivor apartment aware that the girl is from their locality. So the question arises why still now the survivor of the rape feels ashamed and prefers to be silent. This is one of the main reasons that most of the rape victim does not file an FIR. They think if society got to know about this her reputation will be ruined and rest of her life will be hell. That is the reasons why the crime like rape is still happening in our so-called modern society. In this project I will try to analysis development of rape laws from the social transformation perspective.”

This paper focus on the problem which is facing by the whole world that is Money laundering. Money laundering means converting black money into white money. This paper focuses on the cycles, processes in which this illicit trail took place. It also discuss about the scope of the money laundering and later on the way by which the problem of money laundering can be tackled by the police officials.

The First World War otherwise known as The Great war was the First of two global wars. WW1 was fought between the year 1914 and 1918 around the world. The disastrous global war was fought between Allied Powers and Axis Powers. The First World War was often described as the great war to end all other wars. It is described as one of the deadliest wars fought in Human History. According to several estimates The Great War led to the mobilization of about 70 million military personnel around the world. The war was so catastrophic that it spread on to 3 continents involving 70 million soldiers. The estimate of loss is considered to be around 37 million casualties. The war saw the first use of technology to harm, destroy or kill enemies using poisonous gases which took a total of 91,195 deaths. The war also caused severe loss of maritime assets including 6395 ships lost in naval warfare across several seas and oceans. The monetary loss is considered to be huge as 186.3 billion dollar lost and all of these destructions had occurred in and around 31 countries. The war was started as a sudden caused by the assassination of Austro-Hungarian heir Archduke Franz Ferdinand in Sarajevo, leading to the July Crisis. In response Austria-Hungary issued an ultimatum to Serbia. By July 1914 the great powers of Europe were divided into two coalitions: The Triple Entente which consisted of France, Russia, and Britain and The Triple Alliance of Germany, Austria-Hungary, and Italy.

The President of India on 31st Jan, 1992, exercised the powers which are conferred upon him by Article 123(1) of the Constitution of India to promulgate the Securities & Exchange Board of India Ordinance, 1992. After that this ordinance changed into an act which was Securities & Exchange Board of India Act, 1992. The objective behind enactment of such an Act was to protect the interest of the investor in securities and to develop and to promote the development of and to regulate the securities market. Under Section 3 of the act it provided for establishment of Securities & Exchange Board of India whereas Section 4 of the act provided for establishment of SEBI Management Board. Number of Writ Petitions was filed before different High Courts challenging the validity of Regulation 10 of the Securities & Exchange Board of India (Stock Brokers & Sub-Brokers) Regulation, 1992 read with Schedule III of the Regulation which was issued by the Securities & Exchange Board of India.

Capital Punishment is given by court when there is no remedy available to the victim it means that rarest of rare case. There is procedure which is given in CRPC and under IPC under which crime is mentioned for which capital punishment given. Parliamentary debate on the bill of death penalty. The International convent on civil and political right there is Second Optional Protocol”. Argument for death penalty. Article 21of Indian Constitution violating by death penalty. Law commission report on death penalty that except terrorism related crime this penalty abolish. There is report on the death penalty which is National Crime Records Bureau. There is another report on death penalty which is Annual statistics report 2019. Protection of Children from Sexual Offences (Amendment) Act, 2019,in this punishment extend to life imprisonment and also liable to fine or death sentence. In India there is some act came in this regard like Shakti Act 2020 on death Penalty in sexual offence in Maharashtra, Disha Act, 2019 in Andhra Pradesh. Women on Death Row is very interesting thing in India, There is one case Seema Gavit and Renuka Shinde they are sister called serial killer sisters. They were kidnapping and killing five children. They were charged with “nine murders and thirteen cases of kidnapping”. There is one another case recently in which women awarded with capital punishment, Amroha murder case in this case Shabnam and Salim who are lover and they murdered seven people of her family in April 14-15 in 2008 in Uttar Pradesh district Amroha, they lived in small village Bawankheri

Federalism is a form of government where there is interdependence of central government at national level with state government at regional or state level. Federalism is basically a setup or a form of agreement for sharing of decision making authority, delegation of power at center and state level. The division of power is done in such a way that each of the assignee can exercise only such powers its in individual capacities while others must be shared equally between the center and state at national level and local/regional level. The central government with sole authority to mint money, raise and dictate army and declare war, while an intermediate level of government i.e. states have the sole authority to regulate education, criminal or civil law etc. The Indian model of federalism may be one of the most interesting federal structure in the world. Indian federalism is highlighted in the seventh schedule of the Indian Constitution, which gives subject each has jurisdiction in which are namely the three lists: The union list, state list, concurrent list. The union list talks about powers and functions the center has to deal with and the decision making authority solely rests with the central government, the state list talks about powers and functions which the state has to perform and the decision making authority solely rests with the state government. The concurrent list is where center and state equally have the power to make decision. Federalism as a concept is important for comparative studies of federations such as the United States, Canada, and India. Canada and India initially began as quasi-federations and then gradually become federations. They are not based on federalism as a concept. Through this paper India’s position in present day would be highlighted and what it needs to adapt if it wishes to proceed beyond treating federation as the distribution of power, It has to reappraise its parliamentary tradition and, in due course, evolve its own concept of federalism.

India has managed to resolve a sizeable chunk of its non-performing assets, to a fairly significant extent, by enacting the Insolvency & Bankruptcy Code, 2016. While this has certainly spelt victory on the domestic front for India; however, India must be also cognizant of its ever-expanding international footprint, and accordingly step-up its law and policy from time to time. India’s insolvency law is no exception to this mandate. In fact, it should be one of the first laws that must be upscaled to a global standard. Thus, from a pure insolvency law standpoint, achieving global economies of scale entails adequate legal provisioning for cross-border insolvency scenarios. Hence the subject-matter of this paper focuses on the interface that lies in-between the incumbent insolvency framework in India vis-à-vis cross-border insolvencies. The crux of this paper is that the incumbent insolvency framework in India is not adequately equipped to address cross-border insolvencies, and that it needs to adopt the Model Law on Cross-Border Insolvency promulgated by United Nations Commission on International Trade Law.

The Geographical Indications Act, 1999 and Geographical Indication Rules, 2002 deal with those clauses that provide for insufficient protection to the producers under the Act. The inclusion of specific legal provisions or a lack thereof have caused serious prejudice to the rights of the producers and the same are dealt in detail in this paper. Further, by focusing on various issues, a comparative analysis of Indian laws with the ones present in the United States help us understand the lacunas better and the kinds of problems that may arise in the future due to the incomprehensibility of these laws in India. In order to highlight such issues, the impact of the existing legal problems need to be measured. A systematic approach towards those issues has led this research to various recommendations as to how these drawbacks can be curbed and what all initiatives can be taken by the government.

The cooperation between Articles of Association and Shareholder’s Agreement forms the basis of an investors’ engagement with a corporate entity. While the Articles lay down what the company can and cannot do, the Shareholder’s Agreement binds the company to the investor and assigns the various rights and duties it has with respect to each other. When engaging with the company, the investor hopes to be a part of the management of the company and also be able to freely transfer the shares it has been allotted. While it may sound so simple, it isn’t. Several of the key rights that the investors wants are incorporated in SHA, but it is common observance that the Articles may not have specific provisions for granting the same. Further, with advent in contractual terms and nature of deals, SHAs also tend to contain provisions that are not addressed in the Companies Act itself. Therefore, the enforceability of SHA is put under question.

The link between disability and human rights has been well established after the world adopted the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol. For a long time, it was assumed that a person is born with a disability due to his past karma. The persons with disabilities not only suffer from the agony of being physically handicapped, but also suffers from the malice of being socially handicapped. They also face adjustment problems of different nature. They have to suffer from the feeling of insecurity, both physical and emotional. The biased or false notions about disability in the mind of a common man, deprive a disabled person of his right to live meaningful life, which results in deep mental anguish, physical discomfort, aversion, ridicule and scorn of the able-bodied, which escalates emotional problems. The world community has brought a variety of policies and conventions to ameliorate the living conditions of persons with disabilities, still there is something lacking probably the mindset of the society to accept and respect the persons with disabilities. As Supreme Court of India observed in the case of National Federation of Blinds, U.P. v. State of U.P. that ‘the problems on disability are mere syndrome, the root causes are inherent in mass poverty, social segregation and illiteracy. The only permanent solution of disability problem, which a handicapped person faces, could be their psycho-social and economic integration and proper placement which will enable them to stand on their own with dignity and decency.” The present paper tries to trace the international attempts and their compliance to address various issues and challenges in India with a newly enacted law RPWD Act, 2016 which repealed the PWD Act, 1995. The paper also analyses the decadal growth of population as per census 2011.

Technological advancement into the fields of artificial intelligence and it’s intersectionality with vehicles has led to a rapid emergence in the development of autonomous vehicles. The law must be conscious in matching step with these developments as the public rollout of this technology starts to materialise. This paper attempts to take cognizance of the primary legal challenges that the Indian state faces when dealing with a new legal object such as self-driven vehicles. Which level of government holds jurisdiction over it? How does the state deal with the privacy violations? What if machine learning leads to a replication of the prevalent discriminatory structures that plague the country? Not only are these questions themselves relevant in the current reality, but there is an urgent need to find their answers and create laws in dealing with the issues that have emerged with this technological development so as to avoid letting these problems grow exponentially to a point where finding solutions becomes difficult, as this paper intends to show with instances from industries internationally. It demands Indian law to be proactive and act in wake of a technological renaissance, rather than react to it when it has already passed them by.

Human rights are the rights which are guaranteed to each individual from the time of their birth and something which they inherit by the virtue of being a human and cannot be taken away from them. However, these rights have been violated by numerous agencies time and again. The refugee crisis also poses as a huge violator of human rights. The source of the crisis itself is when the government of the country does not fulfil its duty of protecting the rights of its citizens and it self violates their rights. The rights of refugees are subsequently violated by the international community where they try to seek refuge. This paper aims to study the various sources that generate refugees that try to seek asylum in India and their treatment in India and also discuss the international standard for the same as prescribed by the United Nations High Commissioner for Refugees.

Forensic Science has been a part of criminal investigation since the bygones era and its contribution towards meeting the ends of justice is undeniable in various cases. Forensics science is the need of modern times considering its contribution towards criminal investigation and is composed of variety of disciplines that work within the legal system. It is pertinent to note that the role of forensic science in criminal investigation cannot be studied in isolation and to obtain a holistic view one must study its role through the prism of ethics. A careful observation of the ethical dilemmas in forensic science in India would suggest how a lack of a unified code of ethics for the field and lack of regulation has been feeding upon the country as a malign cancer by aiding in destruction of the social fabric. An example of the same can be the Nirbhaya case wherein the vigilance and ethical standards of the evidence collection, investigation and admission before court of law were of the highest level resulting in conviction whereas the loose ethical standards in Aarushi Talwar case completely botched the investigation and turned a simple case into a murder mystery. Forensic science and forensic scientist play a significant role in the justice system and to ensure that justice is being served it is important to regulate their conduct efficaciously and to uplift our forensics.

The practice of Nikah Halala is presently under a huge radar of criticism, initiated by aggrieved Muslim women and other human rights organizations. The consequences of the usage and enforcement of this practice are the cause of this criticism. But the practice has been grossly misunderstood and misinterpreted and is being followed in various parts of India by the religious leaders at their own behest and according to their own interpretations. This arbitrary imposition of principles of Halala propagated by individuals which are not endorsed by the Quran became a source of ambiguity and uncertainty for many of the followers, who are ignorant of the Islamic ideology behind the practice. The usage of this practice is having destroying effects on Muslim women who fall prey to demands and desires of their husbands. India, despite being a progressive third-world nation, has been seeing a shocking rise in the cases of Halala-fixing, which is a pre-arrangement enabling a woman to remarry her former husband by marrying an un-known man, consummating the marriage and obtaining the divorce. Such postulation goes against the spirit of the Islamic jurisprudence, which will be elaborated upon subsequently. With the help of chronicles brought forth in this paper, we shall understand the evolution of this practice and understand the distinction behind the law in theory as compared to the law in practice. The wrongful postulation of Nikah Halala and its practice as a pre-arrangement is projected against the penal provisions and a lucid elaboration is provided in this regard. Further, the paper summarizes notable solutions in view of the wide prevalence of this practice in India and concludes remarks on the subjects of equality and upliftment of Muslim women.

Family is one of the most important primary social institutions. Study of family and their behaviour has been extensively studied by sociologists for an extremely long period of time.The study of marriage is an extremely essential aspect during the study of family by sociologists. Marriage is a reflection of societal, traditional and religious norms which makes it imperative to study marriage. In India, marriage and its customs has been greatly analysed by Indologists. Study of marriage brings to light certain important aspects such as the position of women in the society, the importance of religion and customs in the Indian Society and the importance of having children among Indian families. But with social, legal and scientific development; the institution of marriage has drastically changed as compared to ancient and medieval India. The contemporary outlook of marriage is much more liberalised which also entails empowerment of women and emphasis on personal choice and liberty. Studying these changes is important especially for law-makers as matrimonial and family laws are made based on the contemporary outlook of marriage. This paper would first discuss the perception of marriage in ancient and medieval India in order to compare it with the modern times. It would then go on to highlight some major changes that the institution of marriage has been witnessed in the Indian Society and the causes of such changes. The paper would further highlight how the Indian legal system has also transformed in order to incorporate such changes by way of certain case laws. Finally, the paper would highlight certain aspects under marriage that still need to undergo changes in order to improve the institution of marriage as a whole.

“Adultery is not necessarily the cause of an unhappy marriage, but often it is the result of an unhappy marriage” . Adultery can be described as the act of a married person having a sexual relationship with a person besides the person's wife or husband of the opposite sex. Personal laws all over the world decry adultery and this is considered as a ground for divorce or separation. Even the Hindu Shastric laws, which did not allow for divorce, unambiguously rejected adultery. Adultery is established as being one of the reasons for divorce or judicial separation under present Indian personal laws . The laws dealing with adultery were enforced by the Indian Penal Code in 1860 and its abolition was a big step towards gender neutrality. However, there still remains some laws which state otherwise but the judgement shows we’re moving towards the right direction. An Indian lady, according to Lord Macaulay, is a holy cow who could never do any wrong. The man is the one who does all the wrongdoings. Besides, he believed that women could not be prosecuted for committing adultery as either this will not only be a challenge to women's holy sanctity, but it would also lead to a collapse of the institution of marriage, leading to general family disorganization .

Even as whole of the world has summoned against Covid’19, everyone is now turning to think that how the world will be different after the unprecedented crises. As businesses rush to adapt to the new world of social distancing, the pandemic has accelerated an inexorable trend towards the digital commerce. This broader shift should also mean the widespread adoption and use of digital currencies, which would encompass and provide the stronger consumer financial and privacy protections to support the growing trend. Cryptocurrencies could create a more open financial system with improved consumer privacy protections.

It is observed that in recent years the state has become a major litigant in the court of law on the one hand government attitude continues to be conservative and it tries to defend its action or the tortious action of its officers by raising thr plea of immunity for sovereign acts or acts of state on the other hand till today a comprehensive enactment delineating the liability of state in case of its tortious act has not been promulgated. Tortious liability of the state is assessed through judicial interpretation and activism alone. In India, we don't have any separate act to deal with liability of the state in tort. However, Article 300 of the Indian Constitution states that Government of India and of state can be sued for their tortious act but this article doesn't enlist the circumstances under which we can sue the state for the tortious act of its servants. This article refers back to the pre-constitutional laws like Government of India Act of 1935, 1915 and 1858. Thus one must reach the time of East India Company in order to determine the extent of liability of Government of India today. After the commencement of the Constitution, a considerable change was made by the Judiciary by narrowly interpreting the sovereign immunity to protect the right of the citizen of a democratic country as decided in Vidyawati's case. While deciding cases, it was clear that the court faced the difficulty to decide whether the particular act is sovereign or non sovereign. In certain cases the court adopted the traditional method of treating the functions, as the sovereign function cannot be done by private persons. In certain cases, the court applied the theory of benefit and ratification to restrict liability of the state for non sovereign functions also.

Human life is the most valuable thing on earth, and it does not matter how much wealth one has, but one cannot acquire human life since the medical profession deals with human life, so it is one of the most novel profession. Nevertheless, not forgetting the other side of the coin, medical negligence and malpractice are also done by these medical practitioners, which result in loss of human life. As we move forward with innovations in the medical sector, the quality of life should evolve, but it is deteriorating day by day over the numerous years; there is a relatively more minor improvement because the negligence and malpractice done to fill the pockets had overshadowed the good. The professionals and the medical universities are also liable for poor health services because of old teaching methods. Mistakes happen by people, not forgetting doctors are human too, some incidents might happen out of misfortune. However, the health industry should work more upon improvement and curb down the graph of negligence and malpractice.

The introduction of the internet came as a boon for the public at large. However, there have been enough changes in the usage of the internet since its inception. Now with the help of the same, people have access to everything from anywhere around the world in a jiffy. With the evolution of the internet, the concept of media changed as well. Media has emerged as a tool that is indeed very helpful for all, it has entered almost every sphere of our lives and connects us both to the local and the global government. The internet plays a major role in the same and assists media to reach out to a larger audience. The most common method for sharing information these days is through the means of social media. It is indeed a fast and most preferred source for gathering information on the glaring social issues around the world in no time. However, the impact of these mediums is an important topic of discussion. As they have become a vital source of information, therefore, it is essential to look upon the effects they have on the young minds and other fraction of the society as well. Media and the internet are all over the world now. Every piece of information in the form of data is circling the world, be it the private information of a particular individual or the public information for the welfare of others. Now and then, people hear about the breach in data from various platforms and become afraid of losing their personal data. This becomes an area where the concept of the Right to Privacy creeps in. In India, the Right to Privacy is a fundamental right enshrined upon every citizen and derives its power from Article 21 of the Indian Constitution. The article explicitly deals with the concept of the Right to Life and Liberty, but with time the same has been interpreted in many different ways and includes the right to privacy as well. The issue at hand is that of competing claims between staunch advocates of social media platforms and people claiming breach of their right to privacy, at the behest of social media platforms, eulogized as the right to freedom of speech and expression. Media using the tool of freedom of speech and expression has in many instances gone beyond the limitations of it. The same has been looked upon in the paper explicitly. The power vested in the hands of the media does know some boundaries as it is not any arbitrary body that can establish a rule on its own. The importance of privacy, in many instances, has been looked against by media which has resulted in backlashes and a fight for privacy.

In the recent times, the proliferation of international trade and the rise in foreign investments has led to the initiation of numerous bilateral and multilateral investment treaties. Today, almost every country is a party to atleast one Bilateral Investment Treaty. This article primarily explores the various nuances of the Fair and Equitable Treatment principle including a closer look at its meaning and interpretations, its nexus with minimum standards of protection and with the principle of legitimate expectations and its uncertain nature as viewed by developing countries. Lastly, this short article focuses on the emerging trend of increasing investor responsibilities and duties, which turn leads to the discussion on the need for balance between the investor’s rights and the public interest of the host state.

The concept of marriage is deep rooted and had always been exhorted by the dominance of minds, from selectively abiding the ceremonies & cultural practices to breaking the main core of it unknowingly, the civilizations have come a long way to decipher the dire need of having pure ‘n’ pious foundation of marriage. One such foundation is Age which is still a matter of adjustment among many. The article aims to suffice several aspects of marriage surrounded by age as superior of all, history and legislation governing the sanctity of marriage, fundamental approach contended by the legislation, governments’ proposal and initiative, need to revise the age for marriage etc. India being a country rich in heritage and diversely united demands a uniform code for the age of marriage, in totality it would espouse the vitality of marriage from getting tarnished. Marriage is now way beyond than affair of two families, keeping the perspective wide, marriage through revision of legal age can be interpreted as the population control model, career-oriented growth and healthy nation. Thus, the benign step towards the change can functionalise the eroded vision of the people with regard to marriage.

The Indian Constitution enumerated various rights including fundamental rights, freedom and also laid down economic, social, and political justice to every citizen in the country. All the provisions of directive principles of state policy direct the state policies in the direction of the business and other economic and social activities. The Intellectual Property right is not expressly recognized as a property right by the Indian Constitution but at the same time, the property right under Indian Constitution does not expressly exclude the Intellectual Property Rights. Right to life includes the right to medical care at an affordable cost, in case any lifesaving medicine was not affordable, then it is imperative for the state to grant a compulsory license for making such drug available at an affordable cost is the part of the obligation under the Indian constitution and in consonance, the patent act was enacted with a provision for granting compulsory licensing. The Individuals are granted the liberty to write a book, and publishing the same is now protected under the Indian Constitution. Any copyright infringement comes within the purview of the restriction under morality as laid down under Article 19(2) of the Constitution. The right to trade or business includes the right to protection of the business from usurping their trade name and goodwill gained in the course of trade or business. Trademark, geographical Indications also protects the right to know the consumers about the goods, its origin and services. Indian Constitution provides protection for the property including Intellectual property rights, and it also equally safeguards the fundamental rights as envisaged under Part III and Part IV of the Indian Constitution.

Transplantation of human organs has been a dream in the past a reality in the present and challenge for the future. In today’s world of medical and technological advancement human organs transplantation has improved to a large extent .It saves around 75 lives each day across the country .This research paper includes history of human organs transplantation n which evolution of organs transplantation has been explained .The most important challenge even in the present being the demand of organs exceeding its supply of organs in turn resulting in patient travelling across the borders of the country which is transplant tourism. The act which was specially enacted THOA to prevent illegal organ transplantation has also been discussed in this paper. This paper also emphasizes on the role played by judiciary which is of great importance as there are instances of rackets being operated which they extract organs from humans and sell it in order to mint money. Judiciary protects the right of an individual which is the right to health by punishing the wrongdoer as discussed in this paper. Media also has an important role in this as it publishes a lot of instances everyday making people aware globally. Accordingly this paper also contains some suggestions to overcome with these problems and to slower the rate of racketeering.

Artificial intelligence (AI) has extended its origins in a variety of fields over the years by using the philosophy of teaching machines to learn and perform complex tasks that previously required significant human labor. Artificial intelligence (AI) and law have received a lot of attention lately. But what exactly is AI, and how does it relate to legal practice and administration? This article answers those questions by offering a high-level overview of artificial intelligence (AI) and its legal applications. The debate will be complex, but it will also be clear to those who do not have a professional context. To that end, I'll first go over AI generally. Then I move on to AI and how it is being used by judges, citizens and businesses who are regulated by the rules, and so on and government officials in charge of enforcing the law. One of the main motivations for writing this article was to have a practical, de-mystified view of AI that is based on the technology's actual capabilities. This is intended to be a counterpoint to debates about AI and law that are distinctly futurist in nature. The body of work speculates on the consequences of AI technologies that do not yet occur and may or may not exist in the future. Although futurist discussions have their position, it's important to recognize that they often include major, and often unsupported, assumptions about where technology is headed. This speculative debate often diverts attention away from the critical, but perhaps less exotic, legal and policy issues that AI technology raises today.

The foul play and danger to the greater public interest has given a momentum to break open the insulation of the protective covering (veil), which in legal terminology referred to as “ Corporate veil”. For the determination of the character especially the negative one which a company might acquire in its long run ruining the public interest and prima facie indulge in such activities which are per se illegal. The piercing of this veil is solely to find out the persons who in reality control the company’s affairs. We are aware of the scenario in todays world how the corporate existence are used as vehicles of fraud, sometimes to defraud creditors or to avoid the legal obligations, so this can be only stopped only when the covering is lifted and the real person behind this kind of transaction is pointed. Here we will understand the concept of lifting of corporate veil and the rationale behind doing so, along with judicial pronouncements and interpretation with help of various types of Indian and foreign cases, which will help us to understand the nature and ways the illegalities are committed by the Directors or shareholders or as a whole in the camouflage of the company. The lack of any particular uniformity in Indian and foreign courts in the application of the principles of lifting of corporate veil due to lack of clarity and unanimously accepted appellations gives rise to legal issues on legal jurisprudence and the framework, which we will try to resolve in our current research paper.

The LGBTQ+ have long struggled to realise their rights across the globe. Until the historic judgement of Navtej Singh Johar vs. Union of India, the Indian Penal Code was used a vehicle for meting out discrimination towards members of the LGBTQ+ community. The Decriminalisation of Section 377 paved way for the recognition of the LGBTQ+ community as a third gender. However, the members of LGBTQ+ community have been deprived from many basic human rights as available to other members of the society which restricts their right to lead a family life akin to any other person. Traditional practices of adoptions and Technological advancements such as surrogacy and IVF have made it possible for any individual to realise his desire of founding a family. However, laws in India have created barriers for members of the LGBTQ+ community to reap the benefits of this scientific progress. The discourse on the rights of the LGBTQ+ community with respect to their Parenting rights is almost silent and needs to be brought to the forefront as this is one of the pre-requisites and should be a matter of choice. This research article attempts at introspecting the laws in India with respect to the Parenting rights of the LGBTQ+ community while tracing the historical origins and the International principles and practices in this regard.

The concept of independence of the judiciary has baffled many. The present research paper is a genuine effort to simplify the philosophy of organic independence in a meaningful manner. To make it more palpable, an analogous explanation has been resorted to. It travels through the analogy to enter into the complex analysis of the constitutional philosophy, so that the concepts are made more clear and vivid. The instant research paper further explains in details, the difference between the conceptual understanding of the independence of organ and the separation of powers. In the backdrop of the sovereign functions and the delegated powers, the separation of powers is explained to meet the constitutional mandate. Many confusing questions which baffled the minds of the legal fraternity has been answered in the simplest manner through the above research paper. It is an established truth that, in a constitutional democracy, not only the judiciary, but every functionary is independent and autonomous in its own sphere of authority. But every such exercise of powers shall be accountable to the people through a proper constitutional mechanism. In case that accountability is lost and the organic independence becomes absolute, there is always a threat of tyranny and that could jeopardise the rule of law in a constitutional democracy. As the people of the nation is the sovereign, they have the very absolute right to determine, what are the depth, extent and ambit of such powers and independence an organ of the nation shall exercise. Hence, though the functional independence is not watertight compartments, they are neither absolute nor unaccountable. Every organ is subject to democratic controls and without which there is a strong possibility of injustice perpetuating.

The Hindu law perspective on family is that it is a man and woman coming together to start a family and have children. The children are supposed to help the parent in their old age and even after death, by doing rituals and giving offerings to God. Thus, the parents should take responsibly of the child and take his care in order to expect his duties. The rights and duties of parent is in the form of guardianship. The issue of guardianship widely studied then why another article on it? In this paper we shall take a multi-dimensional view on the topic. The paper will walk through guardianship under ancient Hindu law. In the present time the families have started to fall apart with advancement in divorce trend. The bone of contention in marriage has always been the custody rather than guardianship; this too shall also be touched. There will be various axis each going in different directions but all will intersect at the center i.e., concept of guardianship under Hindu law.

Adoption as a family formation has been the subject of extensive study for the past three decades. India, as one of the more ancient Asian mainland nations, has seen significant changes in the adoption sector. India has changed dramatically from casually embracing male child for performing last conducts after the death of the received guardians. During the 1950s, India's social reform focused on finding a home for relinquished, dejected, ill-conceived, and surrendered youngsters. These children were supervised and eventually placed for residential and international adoption. In India, there are several different religions, but there is no single adoption rule that applies to all of them. In India, the Hindu Adoption and Maintenance Act, 1956, is the only personal law that governs adoption. Since Indian religions such as Muslims, Christians, Jews, and Parsis lack their own personal law regulating adoption, they are unable to adopt a child and give them their family name. Under the Guardians and Wards Act of 1890, they can only become the child's guardian. Adoption is a sophisticated and vulnerable concept which was susceptible to the societal stigma that was attached to it therein. The focus of this paper is on a thorough examination of India's adoption laws and the need for a uniform civil code in the field of adoption.

Uncovering of immeasurable frauds in Indian and International corporate field has uncovered the dire necessity for developing legislations with an aim to regulate and improve corporate governance standards. Insider trading being one such evolving issue hindering peaceful governance. Recent succession of crises emerging in corporate and financial world led to introduction of new wave of corporate reforms for regulation of insider trading implying the requirement for enhancing a shareholder’s or a stakeholder’s rights and empowering their protection before a company. Stakeholders need to hold a feeling of belongingness towards the company they hold stake in. Attempts have been made in the past to amplify such necessity, yet small investors continue to shed tears for being subject to insider trading due to lack of stringent laws preventing it. Trend of exploiting monopoly information by delinquent persists where a way out of prosecution is found eventually through loopholes in the present guidelines enforced by SEBI governing insider trading. Such dominance of controlling stakeholders impacted other stakeholders approaching redressal forums for seeking protection under mismanagement under Companies Act, 2013. Legal provisions to penalise corporate frauds for violation of stringent but tolerant guidelines is of utmost importance. Confusion reigns over lack of a satisfactory theory on conditions that constitute insider trading. The author intends to establish that India must keep pace and adapt to changes in the corporate world and emerging issues to lay foundations for eliminating unfair trade practices. Insider trading is a fraudulent activity prejudicial to interests of a company and its stakeholders, hinting insider trading and mismanagement are inter related. The authors of this paper focus on determining the necessity for an exhaustive and stringent legislation on Insider trading and establishing a relation between insider trading and mismanagement taking reference from regulations of the United States.

"Everyone has the right to a social and international order in which the rights and freedoms contained in this Declaration would be fully realized. "The passage of the Universal Declaration of Human Rights quoted here has a unique meaning today. In art. 28 of the Declaration, we see a reference to the future, showing the special role of human rights. This is a role related to people's dreams, desires and hopes. The universal nature of human rights has made them universal. This is not only about the theoretical approach pointing to the universal nature of human rights. Rather, it is about the internalization of human rights. Human rights have become an integral element that people are convinced of. People in different parts of the world know they have rights. The emergence of rights is directly related to the existence of obligations. In recent years, we have seen the emergence of new international obligations assigned to individual countries. Does the existence of these obligations strengthen the right idea of human rights? Is the performance of international obligations able to contribute to the implementation of the idea contained in Art. 28 of the Universal Declaration of Human Rights?

The objective of this article was to explore translanguaging as a teaching strategy to aid comprehension in class. The study was conducted at three high schools under Ntambanana Circuit in KwaZulu-Natal, South Africa, that offer English as a second language and isiZulu as a first language. A mixed-methods approach (quantitative and qualitative) was used in the study. Learners’ written comprehension tests were analysed, and interviews were also conducted with the learners. Ten grade-ten learners from each school were purposively sampled and the study sample comprised thirty learners. The findings revealed that comprehension improved generally among students when the input language was English and the output language was isiZulu, although there was not much difference noted when the input language was isiZulu and the output language was English. The article concludes that the use of learners’ first language in a second language classroom improves their understanding of learning materials presented in the second language.

The concepts of marketing can never remain constant like other concepts because the needs and wants of people keep changing every day and the businesses have to adapt accordingly. There have been many books and articles written to describe marketing as an art, science or both. The concept of marketing has revolutionized with the changes in the global economy. The need for marketing is very clear as to how a product can be placed in the minds of a consumer and make him buy it. The era of technology has brought a significant change in the marketing field. The transformation has led to the introduction of the concepts of target and digitalized marketing. These two have also helped businesses in the times of the pandemic for proper and effective marketing. In this article I have explored the latest concepts of target and digitalized marketing and studied about their positive impact on the businesses. I have also mentioned the impact of corona virus on the marketing strategies of the businesses and suggested some practices that they may follow in order to stand out from their competitors. As the concept of marketing changes with the needs of the consumers, the scope in this field of research is always very high.

In the digital era when everything is made available to us at the click of a button, we unknowingly enter into an invisible contract with every such click. Although there are legislations in place to protect the consumer from any loss that may arise from one such contract, they are largely insufficient as usually, the principle of standard contracts are followed. This article discusses the legal provisions in place with respect to electronic contracts and their enforceability. The two major types of electronic contracts entered into by users or customers in the digital medium are discussed. The article goes on to point out the challenges that come from these one-sided contracts drafted by a party in a position of superior bargaining power. It is aimed at educating netizens on the reality of the agreements and encourages them to have thorough knowledge of the terms and conditions they give their assent to.

This article is an intensity analysis of the examination and cross examination of the witness in a court trial. The examination of the witness is an elemental part of the court trial in which witness testimonies are the one of the most reliable evidence and document because the person giving the statement has personally witnessed the even happen. Section 135 to 165 of the evidence act, 1872 deal with examination and cross-examination of the witness in the case of any trial like criminal case, civil case or family case. The main goal of the cross – examination is to understand the real purpose and fact of the case in deep way. The point of cross-examination is not to get information from the witness of the case to fix what happen on direct and try to get the witness to contradict his testimony. The main motive of cross-examination is to let you tell your side of the witness’s story in your way. This article will cover each section one by one along with case law.

As the questions arise about has the job of the UN Trusteeship Council been accomplished? Has it completed its supervisory role of administering the Trust territories? In the first place it has certainly but when reviewing the council again it needs to address a series of problems that has been overlooked over time again and again . The problems concerning the principle of Common Heritage of Mankind, where it should deal with Indigenous population and their governance, the Ecological, Social, Economical, Post-Conflict Peace building and Culture should now be focused upon. In this way the Trusteeship Council should make an earnest effort to make this world a peaceful place to live. It has more capabilities with more members who can address these problems more fruitfully, by drawing the consent based on protecting the Common Heritage of Mankind and having the ultimate decision to make the Trusteeship council capable to work on the matters, which are not possible to be worked upon by the other organs of the UN. To elaborate this with an example, for instance, there is an atomic plant leakage in a part of the country, which makes, in this case, two organs to come into play those are the International Atomic Energy Agency and the United Nations Environment Program look and work upon the damages, the after-effects and how to solve a problem. So can be true for the Trusteeship Council which can deal with problems in a way that has solutions from every corner and debates have the best of policies for governance in any field. Here the essay in this regard would be looking on the trusteeship council and about Indigenous non self governing territories. It would then look on the concept of Common Heritage of Mankind. In relation to the Common Heritage of Mankind it will look on the questions on the domain of Arctic Region and the mineral deposited in the Deep Seabed. A revival in the Trusteeship Council focusing on possibilities and finally concluding it with by providing solutions and how this concept of Common Heritage of Mankind be an area for Trusteeship Council to work upon.

The concepts of ‘port security’ and ‘maritime security’ are interdependent in practice, and the contemporary maritime security dispensation was triggered by the 11 September 2001 (9/11) incident in New York which, ironically, took place on land. The international community and by extension all maritime security stakeholders were ferociously challenged to rethink their strategies and redefine their functional roles with respect to maritime security. The understanding was that any security regime elastic enough to accommodate maritime terrorism with all its facets would obviously accommodate minor related security threats as well. Spearheading this whole effort was the US, followed by Europe. In order to ensure sustainable port security through appropriate investments, it is useful to understand which stakeholders within the maritime industry will bear the costs or stand to benefit relative to such investments, and questions arise as to how best to proceed with an analysis in this regard. This article thus discusses port security investment issues in the post 9/11 era, drawing extensively from US and European secondary sources, although issues concerning Africa and elsewhere are also briefly considered. It discusses the raison-d’être of port security investments from the general and economic perspectives with illustration from the estimated costs and impact of some major global, regional, national and private security measures and initiatives. The article concludes that port security investments are of benefit to ‘everyone’ and while some stakeholders may try to offset the costs, everyone somehow pays, or at least has to bear the costs as well.

A good selection process should be conducted that would help to find a candidate who has potential, skills and knowledge. With this thinking, this research paper throws light on the topic “Selection and its process in the organisation- pre and post COVID-19.” The main aim of this selection process is to carefully screen out the candidates who are fit for a particular job and to eliminate the unfit candidates. The study tells us about the steps being used in the organisations to select a candidate. The steps will inform about the various tests and interviews that come across a candidate in this process. This paper also focuses on training, development and education that is provided by the organisation to its newly selected employees. It also includes the types of training and development that is being given to the employees so that the organisation has a force of skilled workers and also have a lesser chance of accidents in future. Further, education is also provided to them so that they may interact with their surroundings and work environment. Further, this research paper includes the importance of selection process. It is important to select a candidate and proper placement should be done so that he can put his efforts in maximising the profits of the organisation. The importance is then followed by the changes in the selection process post COVID-19 pandemic that would conclude this research paper.

Libertarian conservatism, also known as conservative libertarianism or conservatarianism, is a political philosophy that combines conservatism with libertarianism, or simply representing the conservative wing of libertarianism. Libertarian conservatism advocates the greatest possible economic liberty and the least possible government regulation of social life but it harnesses this to a belief in a more social conservative philosophy emphasizing authority and duty. In political science, the term libertarian conservatism refers to ideologies that combine the advocacy of economic principles such as fiscal discipline, respect for contracts, defense of private property and free markets and the traditionalist conservative stress on self-help and freedom of choice under a laissez-faire and economically liberal capitalist society with social tenets such as the importance of religion and the value of traditional morality through a framework of limited, constitutional, representative government. New right was a political movement made up especially of Protestants, opposed especially to secular humanism, and concerned with issues especially of church and state, patriotism, laissez-faire economics. New right in global age and the relation between Conservatives and Libertarians is also discussed below.

Economic development has always been an important part of the General Agreement on Tariffs and Trade/ The World Trade Organization (GATT/WTO) system as one of the main goals to be achieved through international trade. Non-reciprocal trade preferences and provisions in the GATT/WTO that allow developing countries greater leeway to retain or use protectionist policies are two of the central pillars of the most hailed special and differential treatment (SDT) for Developing Countries in the multilateral trading system. These provisions are praised, for the most part, to be fully beneficial to developing countries but when in-depth analysis is made, the reverse seems true. This article examines the S&D treatment provided for developing countries under the Dispute Settlement Understanding (DSU). It provides a critical analysis of the role S&D treatment provisions have played in dealing with developing countries’ issues in the dispute settlement system and the limitations that affect their application. Issues related to the provisions’ language or choice of words, their application in WTO disputes, which addresses the issues of panels and the Appellate Body’s interpretations of such provisions and the attitude of developed countries counterparts towards them are confusing and worrisome, thus call for urgent redress.

This short article discusses the idea of having a balanced approach towards the right to self-determination in light of other recognized principles of international law such as human rights, the ‘territorial integrity of states’, ‘maintenance of colonial boundaries’ (also known as uti possidetis juris) and the principle of ‘maintaining international peace and security’.

Access to justice is one of the most important rights to live a human life with dignity. But such a right is dependent on the legal status of the individual claiming it. Citizenship becomes inevitable for an individual for getting access to justice in matters of gross human rights violations. However, children born out of illegal immigrants in a country might not be able to pursue national citizenship for which they might remain outside the purview of legal recognition as a human being within that country. In India, statelessness has never been addressed adequately as required, for which a lot of conflicts become visible now and then. As regards the rights of stateless children are concerned, similar situations have become evident in India. Although, International Human Rights Laws provide for the universal rights of Nationality to all human beings, yet Indian laws are more or less silent over the issue of the rights of stateless children. The paper, therefore, attempts to address the issues regarding the rights of stateless children in India by analyzing the Principal laws regulating citizenship, case laws decided on statelessness, and case studies on the conditions of few stateless children.

With the advent of industrialization and globalization, corporations have become an indispensable and integral part of the society. These bricked-walls now have a significant impact on human living and directly affect the economy, environment and the society. This need for accountability and control over these corporations has led the development of the doctrine of Corporate Criminal Liability. This research paper aims to discuss various aspects of corporate criminal liability with special emphasis on its relation with vicarious liability and how the law governing the same has evolved over the years. The researcher aims to analyse the concept from an international perspective and explore penological jurisprudence existing with regard to corporate sanctions. The concept of special vicarious liability i.e. making the key management of a corporation vicariously responsible for acts of the corporate entity are also analysed in this paper.

In the modern era, it is almost impossible to imagine a world without the use of technology. Especially, with the outbreak of the Covid-19 virus resulting in a state of ‘pandemic’, there has been a significant increase in the use of technology at higher levels in order to substitute manual or in person work with technology. While the ‘Big Tech’ firms are focusing on technological advancements, there has been a growing concern at the legislative and the policy making front. It is inevitable but to regulate the activities of these big firms so as to keep their competitive activities in check within the regulatory framework of the Competition/ Anti-trust laws. On the other hand, the gradual growth of scientific and technological advancement subsequently involves the obvious application of Intellectual Property law in order to protect inventions and creations that have led to the said technological advancements. This article is an attempt to identify the objectives of competition law and intellectual property law individually and to further understand their interfaces with each other and technology as a comparative study.

The present case is an example of trademark infringement wherein the defendants were found guilty of counterfeiting the plaintiff’s goods and marks. Although the parties decided to settle the dispute, the Bombay High Court set an example by imposing a heavy penalty on the defendants in order to deter such immoral and unethical practices in the future.

Share operations are presently underway impacted by a broad spectrum of people in the country. The numerous provisions regarding tax legislation must, therefore, be fully realized by them and by their tax consultants adequately so that the optimum utilization of provisions providing several inducements and relief may be achieved. Vide imposition of Securities Transaction Tax, the Union Budget 2004-05 suggested a prototype shifting in the taxation of capital gains on financial securities. STT is an elegant, cost-effective, and easily managed tax having the real merit of substantially eliminating tax evasion. This research paper endeavors to demystify STT and provide justification and logic behind the acceptance of STT in the Indian Financial market[1]. The author believes at the current times, no single mechanism alone can iron out problems afflicting the Indian financial markets. However, if used in parallel with other policy tools such as banning short selling and insider trading, STT does act as a useful device to tackle the numerous challenges.

The Constitution is a set of rules and that determines the composition and functions of the organs of central and local government in a state and regulates the relationship between the individual and state. The constitution of India guarantees power to the people, and it’s the people who choose the government. The government of India, usually condensed as GoI, is created or made by the Constitution of India, as the three heads, the legislative, the executive, the judiciary. The constitution dedicates the separation more on the basis of functions rather than power. It divides and separates functions under three heads that collectively develops a system of check and balance, and governs the country. The legislature is the body that makes laws and policies according to which a country is governed. The executive is the branch that enforces the laws in the country. The judiciary is the part which protects the law, it resolves the disputes and ensures the correct law is followed and justice is served. This division of functions and powers is done because the power would not be vested or concentrated in a few hands, so the powers wouldn’t be misused. This division is what we are going to discuss further in the paper. The merits of division and how it helps in the smooth running of the country also, the demerits of this separation is what we are going to note.

A small community of Parsi Zoroastrians in India, whose religion interest as well as their identity as a citizen has to be preserved in order to protect their interests as citizen of India and they are resembling a particular community as per the Indian Constitution. After the Legislature has started stirring up the matter of Uniform Civil Code in India, it has brought to a concern for these Parsi Zoroastrians which will affect their succession rights. In this due course it has brought to an utmost importance to look upon their evolution in India and how Succession law trends have been set for them. This research paper is an attempt to ponder who is a Parsi under the Indian Succession Act, 1925 and whether the illegitimate child can be counted as a successor. This paper would largely concentrate on the development of the Parsi succession which has evolved in years due to legislation and judicial precedents. This paper would also critically analyse the sections of the current Succession legislation to derive how the small community can protect its customary laws along with providing the women of the community their rights which they have been demanding lately. Further the research paper aims to critically analyse the evolution of the succession laws of Parsi’s and how the transfer of the property is to be made for children born out of a Parsi marriage and a non- Parsi marriage. It is interesting to point that there are less of literature reviews over the succession of the Parsi’s are written and the illegitimate child or an adopted child getting the property has not been suggested at many places and have simply decoded the judgement precedent or literature reviews.

The current research paper focuses on how women in India and other countries become a victim of acid attack and how they suffer for the rest of their lives. The reason behind this heinous crime of acid attack is to kill a woman or disfigure her for the rest of her life. It is a way to silence a woman when she speaks for herself and disagrees with a man or rejects his proposal for marriage or to become his partner. This paper will also focus on the dark and horrendous impact an acid attack has on a woman and her mental, physical and emotional health and how our medical and legal system fails to protect and handle such cases.

Maintenance of peace and security is the major goal of the United Nations and while it has worked tremendously in the furtherance of the same, the plight of the Uyghur Muslims in China cannot be ignored. Amongst the Xinjiang province of China, the Uyghur community is leading a desolate and miserable life. The Chinese authorities are violating the human rights of this community through demographic genocide. In doing so, they are violating international treaties and conventions along with their own Constitution. The Uyghur community is facing a continuing violation of human rights in the form of internment camps, birth control measures and high surveillance. These acts are also falling under the definition of ‘genocide’ under various international treaties. The authorities assert that the outside world does not understand the internal issues of Xinjiang as the Uyghur community is creating unrest and spreading violence for their demand for an independent state. Under the existing structure of the UN, an effective remedy to this minority community cannot be available as the jurisdiction of the concerned international courts does not lie in the said matter. In this paper, the author analyses the condition of the Uyghur community and the various international treaties and conventions which are being violated by the Chinese authorities. The author further provides for reform in the existing structure of the international organisations with a change in the geopolitical realities of the present.

This case comment aims to deconstruct the succession of property amongst transgenders based on customs rather than statutory provisions. It seeks to critically analyse both the advantages of the judgement as well as the loopholes that need to be addressed, to make civil rights like succession to property easier for the transgender community. It highlights the exploitative nature of the Guru-Chela relationship, and makes a case for the codification of succession rights for trans-individuals in various personal laws in India, so that they cannot be dispossessed of property from their natal families. It also looks at other subsidiary rights to make the Courts friendlier spaces for transgenders.

In the post COVID world lockdowns have emerged as a crucial measure to curb the intensity of the spread, while they’re no panacea for the pandemic when implement efficiently they have been successful in reducing the caseloads, thus, safeguarding the health infrastructure from getting overwhelmed. But their benefits come at manifold social, economic and human cost, this paper analyses the social ramifications these lockdowns on the most vulnerable sections of the society through the study of data and observations pertaining to the hardships faced by masses in the nationwide lockdown imposed to curtail the spread of virus in 2020. The observations made reflect the mid and long-term implications of consequential mass unemployment, compromised access to maternal health care, domestic violence and education while pointing out the policy limitations. When with surge in infections states are resorting back to reinstatement of lockdown it’s imperative to learn from the mistakes of past; based on the observations made in the study the paper presents a set of constructive suggestions to mitigate the consequential negative implications during these reinstatements.

Microplastics are the smallest form of plastics, they are mainly found in marine ecosystem but also found on land in little amount. Sadly, We all are well aware of the harms that are caused to the environment by the usage of plastics, but no one is ready to take even a single step to stop the usage of plastics even the government of some nations have banned it for some time, but now all the laws are in the dustbin along with the plastics. Government have always harmed the environment in some or the other way because of the greed to boost the economy since plastic is a non-biodegradable material and it can last up to 1000 years governments are not ready to ban it. This research paper is the case study of Global Pacific patch which is located in Monterey Bay in California. The patch of Monterey bay is so large that the oceanographers have added the word ‘Global’ to make the people much more aware about it. In this particular paper the researcher has tried to explain that how the microplastics are the threat to the environment and how it is affecting our food web because of the consumption of microplastics by the marine animals. At last, the paper ends with some suggestion to curb this disease which the author requests to be followed by every reader of this paper.

Code Red is an unofficial phrase for the extra-judicial punishment within the Armed Forces for disciplining the subordinate officers for reasons ranging from the violation of official protocol to the washout of one’s duties. The Indian version of Code Red is Kambal Parade. The legal validity of Code Red is analysed in the light of ‘A Few Good Men’ due to the paucity of real-life instances of Code Red barring the isolated instances of PFC William Alvarado (the United States of America) and Second Lieutenant Shatrughan Singh Chauhan (India). The film is assumed to be a mainstream reflection of the tenets of military discipline. Hard Positivism dissociates itself from the moral bearing of Col Nathan R. Jessup’s command of Code Red since Hard Positivism champions the command of a supreme sovereign authority even if the command lacks moral footing. Soft Positivism believes in the sound interpretation of legal principles in the light of moral provisions and ideologies, wherein the moral provisions emanate from the moral beliefs and customs of the physical community instead of birthing from Natural Law and Divine Law. Soft Positivism upholds the rejection of Code Red on two grounds: a) The Marines at the base must obey Code Red out of reflective acceptance instead of the coercive force of the fear of Col Nathan R. Jessup (H. L. A. Hart), and b) Code Red is inconsistent with the acceptable sound interpretation of legal principles that condemn the harming of another human being (Ronald M. Dworkin). The court of law in the film adheres to the credos of Soft Positivism while convicting Col Nathan R. Jessup for ordering the lethal Code Red on PFC William Santiago.

After a fair study of Gandhi’s personal, professional and political life I tried to sum it up in this research paper with a special emphasis on contemporary issues and this paper is in very much sync with the constitution of India which makes it even more relevant and interesting for a law student/professor, a student/professor of political science or a student/professor of sociology. Gandhi like any other renowned political thinker is greatly affected by the situations and circumstances of India and other places to which he travelled to and these played a very important role in developing his philosophy and ideals for his life which are subsequently applied by him in India when the situation demands. In the current scenario, his ideas can help the government and other organs to reshape themselves where needed.

Those who are engaged in financial sectors have realized that climate change is the biggest risk faced by the world. To tackle it, they’ve started to focus on a new emerging policy known as green finance which concentrates on financing projects which are environmentally sustainable. Although it is gaining some momentum, there is still no universally agreed-upon definition of green finance, not even in India. Government of India has increased its focus on green finance by introducing schemes which promote green finance in different sectors such as electric vehicles, priority sector lending scheme etc. However, there exists large number of barriers in the development of green finance which should be resolved as soon as possible. The challenges include lack of a clear definition, inability to internalize the externalities, maturity mismatch, poor institutional framework etc. The author in this article focuses mainly on the challenges of green finance and put forward some recommendations.

Doctrine of check and balance system is the exception of doctrine of separation of power, even then both doctrine is important for any kind of federal government to function properly. The discharge of functions by the worldwide political system is more or less the same, or if not the same, but will be comparable. Therefore, this paper compares functioning of check and balance system in India, United States and Australia. Checks and balances are a set of procedures designed to reduce errors, prevent improper behavior, and reduce the risk of power concentration. Check and balance is system in which each person is authorized with their particular responsibilities, considering the objective of assigning authority with avoiding the probability of one person or any particular department gets complete control to make or influence the decision for their own benefit. Along with this it also promotes Mutual Corporation amongst every department to function smoothly. The term is most commonly associated with government. As we all know for the smooth functioning of any democratic country it requires doctrine of separation of power. Therefore, internal controls of this nature in government machinery can help improve operational efficiency.

Violent wars have ravaged the world on many occasions throughout history. While armed conflict is a common occurrence, little effort has been made to mitigate the effects of war on the climate. There are a variety of laws and regulations in place today that are intended to limit armed conflict in different ways. But most agreements and guidelines, on the other hand, have proven ineffective in preventing and redressing environmental destruction caused by armed conflict. Lawyers from all over the world are pushing for the creation of a legal duty of care for the environment. This campaign seeks to make ecocide a global crime. Their plan is to make ecocide the fifth crime against peace, and to have ecocide legislation enacted in the jurisdictions of ICC. On the other hand initiatives to criminalize ecocide represent a growing ecocentric worldview in the law that recognizes nature’s inherent value and rights. This responsibility to nature necessitates the harmonization of human laws with natural laws. The political and enforcement barriers are formidable, but an awakened and committed citizenry, bolstered by the Paris Agreement may be able to elevate the prevention of environmental crimes to a globally accepted standard.

The aim and objective of this research paper is to provide its reader a holistic understanding of the topic fines as a form of punishment. The article deals with the concept of punishment as evolved with time and particularly focuses on fines, its evolution as a penal provision, what are the various facets attached to fine when it is imposed as a form of punishment. The research paper deals with different theories of punishment so as to provide a foundational understanding of the concept of punishment and then it deals with fines. The question this papers seeks to answer is are there any guidelines provide by our legislature for imposition of fine as a form of punishment, what are the challenges faced by the judges when warding fine as a punishment, what are the different forms of monetary sanctions provided under the IPC and in each of these provisions what are the statutory challenges that the courts have to deal with when awarding punishment. The last and the final question which this research aims to explore and find an answer to is that, are fines serving purpose of deterrence or punishment and the goal of retribution provided by different jurists. This question gives this paper a broader picture and makes this research crucial if one wants to study about fines.

Juvenile delinquency is rising as one of the country's alarming issue which must be profoundly examined. Juvenile delinquency is the term used to describe the criminal acts of the individuals who have not completed 18 years of age. Juvenile Justice is a legal framework which seeks to provide justice for the juveniles and gives special approaches towards the prevention and rehabilitation of the delinquents. The present issue faced by our country is that the legislations so far enacted are not sufficient to create retribution to uphold the faith in our judiciary and deterrence among the Juveniles for the crime committed by them. There can be different reasons because of which the juveniles upset the settled cultural standards and disrupt the lawful norms. Age cannot be used as a loophole to escape after committing heinous crimes like murder and rape with a minimum punishment as it prompts the abuse of the Statutes in the hands of the wrongdoers. The historical backdrop of the juvenile justice system in India can be traced back to the early 1850’s. The juvenile justice system was the immediate outcome of the changes and the advancements in the Western Ideas. On the whole this paper studies about the emergence and the present status of the legislative measures pertaining to the Juvenile Justice system in India.

Access to health care is of paramount importance especially during a public health emergency. Covid 19 has made every country realize the need for a robust and agile healthcare system that adapt to the changing situations in a time sensitive manner. During this outbreak, we witnessed that the pace of containment is equally important to effective medical help. Every individual is entitled to an equal opportunity to benefit from any public health care system. Equality of opportunity in health care must necessarily account for both disparities between individuals having access to health treatments and those who have not. Access to health care is often compromised with poor services, deficient resources, lack of effective policies and legislations. Indian judiciary has recognised right to health as an unavoidable part of right to life under Article 21. State has constitutional obligation to ensure non-discrimination and provide for a decent minimum of healthcare to all its citizens especially for the most vulnerable populations such as children, older persons and those living with chronic conditions. States need to achieve the optical balance between fighting the Covid 19 pandemic and the maintenance of essential health services. There is also a need to check on as to how effective the health laws in India are in managing pandemics. This paper analyses to what extent equality of opportunity is been followed in public health care system and it also analyses the need for a more comprehensive legislation regarding access to public health.

Love comes in many forms. It might be wrong to mention that someone cannot marry somebody simply because they’re not from the alternative sex. The globe is evolving with times and we need to reconsider certain changes. Same-sex marriage is once somebody chooses to marry constant sex rather than the alternative. We should always not shun this concept any longer. Once upon a time folks had to be ashamed as a result of their gender. In today’s world, we should feel for each creature no matter their gender. One must understand that there are more than two genders. The society must be more comprehensive of all types of individuals. It’ll build the globe a happier place once everybody feels they’re accepted and appreciated. Same-sex marriage in Republic of India particularly isn’t inspired. There are countries that have rigorous laws against it nevertheless the folks are broad-minded. In India, neither are the laws lenient however the folks are also conservative. Indian people still needs time to be adapted with the concept of same-sex marriage. Indians should realize that this concept is not a part of western influences but it’s simply biological. The onus is on us to educate ourselves and the world so that the same sex couples do not face abuse. In India, same sex marriages are nonetheless to be legalized. Same-sex marriage is currently one of our country's most contentious political issues. People in India knowingly or unknowingly opposing the idea of homosexuality like anything. In such case no law could do anything at first we need to prepare ourselves mentally for the acceptance of the same. When we talk about India, we see how it is on its way of growth. Like how it scraped Section 377, which criminalizes homosexuality. In terms of the LGBTQ culture, though, we still have a long way to go. Thus; this study is concern with the importance of the Right of same sex marriage as societies as well as the laws don’t allow LGBTQ community to marry the person they love which is again a gross violation of their basic human rights. The LGBTQ community has fought for a protracted time for his or her rights. Still there are miles to go. This Article will also be dealing with the probable hurdles that are facing by the Indian Judiciary while reconsidering same sex marriages in India.

In the year 2014, after The Supreme Court gave recognition to the third gender, after which an official count was conducted in which there more than 4.9 Lakh of third genders in India. The Social Activists estimates the count to be 6 or 7 time more. So, in India there is a huge population of Transgenders which face a lot of problems in walking step-by-step with the society. They face a lot of Social Exclusions and are not considered as a cursed element of society. In India the transgenders are commonly recognized by the term ‘Hijras’ and are the most neglected community. They are a marginalized community and they face discrimination due to difference in their gender orientation from the societal norms of genders that makes them one of the most defamed and disempowered group of our society. They face abuse, rejection, demoralization on daily basis. Though they are the citizens of India, still they are denied the basic human rights. They have a very ancient recognition in our civilization yet they fight every day for their acceptance in our community. The people in this community are generally rejected by their families and other social organizations and various other forms of social exclusions. They don’t have any other source of living and are most commonly forced to into ritual begging as they are denied proper education, employment and health care facilities and opportunities. In this paper, the author analyses the condition of the Transgender community, the main reference to Transgender Concept, who are Actually Considered as Hijras and their Historical Background and the various Social Exclusion that Transgenders Face as well as other problems face by them in the society on day-to-day basis. The study aims to focus on the socio living status of Third Genders and the health and socio-economic harassment they face. The author further puts light on the new Act introduced in 2019 that provides for reform upliftment of this group of society and also provides with some reforms in the existing structure of the society so that this community of people can be secured their basic Human Rights and cam walk together with the society.

The World Health Organization states that among the 650 million people who are currently living with disabilities in the world, 200 million are children . This statistics is alone suffice to show the importance of education for persons living with disabilities. Despite the need of education for the disabled community, the same has not been met by them. To cater this, several nations around the world has framed various educational policies for the persons living with disabilities. India is also not an exception to this, because the educational policies of India had brought persons living with disabilities within the purview of it. This article focuses on the educational policies which are in force for the persons who are living with disabilities in India.

The Constitution of India 1950 provides for religious freedom under the chapter of the fundamental rights. This freedom implies that the state should have minimal interference in the religious matters. In this sense, the Constitution provides for the separation of secular and religious domain. The conflict between the fundamental rights and religious practices led to the intervention by the courts in religious matters. The entanglement between law and religion can be seen into various judgments of the Apex Court. To decide the issues of religious practices, the Supreme Court developed the Essential Religious Practices Test (ERP Test). This test has been criticized for various reasons such as arbitrariness, judge centric etc. Also, few scholars have stated that the judiciary has taken the role of clergy in defining ‘essential’ and ‘non-essential’ practices of a religion. The questions have been raised about the role of Apex Court in adjudicating the religious matters. The research paper deals with the concept of ERP Test as developed by the Apex Court through various judgments. The paper tries to explain whether the Apex Court has overreached its power by developing ERP Test and whether it is in its domain to develop a judge centric test to interfere in religious matters. The study also explores whether other secular tests such as reasonable restrictions would have been adhered to instead of evolving ERP test, while adjudicating religious matters.

The doctrine of rule of law has been the most frequently quoted legal principle across the world. Its significance can be gauged from the fact that it not only infuses law with moral qualities but also plays an indispensable role in balancing the needs of the society and the individual. It is the lifeblood of an accountable, transparent and justice-driven system of governance in a civilized human society. The rule of law principle is no more merely confined to being one of the fundamental pillars of the Constitution of the United Kingdom rather its relevance and importance has been universally recognized and acknowledged by the mature and nascent democracies of the world. Respect and protection of human rights form the very part of the nucleus of the rule of law. This doctrine has evolved to include more active protection for the weak, vulnerable and less privileged sections of citizens. The present paper delves into tracing the genesis and evolution of the rule of law doctrine. It endeavors to look into the need of modern approach to the rule of law wherein it is not just a function of or limited to a set of institutions, statutes, and procedures. It scrutinizes the defects inherent in the strictly formal definition of the rule of law and thus attempts to explore a working definition of the rule of law.

International Environmental law is governed by many universal principles and concepts. These principles are globally accepted and have been used time and again in various Jurisprudence across the world at different level. This paper basically aims to cover all the fundamental principles governing international environmental law. Fundamental principles discussed in the paper are sovereignty, precautionary principle, principle of good neighborliness and international cooperation, principle of preventive action, duty to compensate for harm, principle of common but differentiated responsibility, principles of sustainable development, polluter pay principle and public trust doctrine. All these are fundamental doctrines in evolution of environmental law.

In our day to day life, we are coming across various news regarding the criminal act committed by the juveniles. Most prominent among these news were those which were related to the minor’s committing heinous crime of the age group between 16 to 18 years old. There was a huge debate in the parliament as well as in whole country that if these minors are capable of committing such heinous crimes like rape and murder, then is it considerable to say that these minors don’t have that mental capacity to understand that the crimes committed by them were of heinous nature? Finally a new amendment came in the year 2015 which was mainly in news because of the provision that talked about treating juvenile between the age group of 16 to 18 as an adult in case of heinous crime such as rape, murder, etc. committed by them. Researcher has taken this topic to study the perception of common people regarding the new amendment made by the government in the laws related to juveniles & find out the problem faced by women because of the safeguard provided to juvenile under former juvenile justice statute. The method adopted for the research is empirical research and primary data would be collected. To collect primary data snow-ball technique, a non-probability sample has been used by the researchers. The questionnaire has been prepared by the researcher and it is shared with the various people of the society, as well as the students, common people and faculty of different field of study to get their point of view on the respective matter.

In the year 2015, pictures of a three year old boy’s body washed ashore in Turkey made global headlines, Aylan Kurdi drowned with his five year old brother and his mother trying to get to Greece. His father, who survived was given the opportunity to resettle in another country said, “Now I don’t want anything what was precious is gone.” ‘Refugee crisis’ which has often been wrongly called ‘Migrant crisis’, where migrants choose to leave their homes in search of better education, or better employment opportunities, refugees on the other hand, according to United Nations High Commissioner on Refugees “are persons fleeing armed conflict or persecution. These are those people for whom the denial of asylum has led potentially deadly consequences.” Ever since 1951 Refugee Commission, refugees have had certain rights under the international law, these include right not to be returned to their country of origin if their safety cannot be assured and various other rights under the same. In the summer of 2015, The continent of Europe experienced the arrival of highest number of refugees since the Second World War. For years, human traffickers have preyed, refugees pay these smugglers huge amounts, but the fee does not guarantee their safety, thousands have drowned trying to cross the Mediterranean, hundreds more trying to make their journey on land. These laws have put a lot of pressure on European frontline countries. Many of these countries have opened their arms towards welcoming these refugees whereas, many resist. We need to understand that we are sharing one, profoundly interconnected world and when the oppressed and marginalized die, it is the duty of the other half of the world to protect them. We have for too long laboured under the delusion that regional crisis have no global importance. Imagining any widespread human problem belonging to someone else is catastrophically misguided.

Cases of wrongful conviction show that not all confessors are guilty. However, there is currently no validated process for evaluating the veracity of admissions. As a result, a confession may have a huge effect on jurors and judges. According to research, even if no other evidence linking a suspect to a crime was presented, the mere presence of a confession tripled the chances of being found guilty rather than acquitted at trial. This could explain why false confessions are involved in nearly 29 percent of the cases investigated by the Innocence Project. The long-term consequences of wrongful convictions for all parties concerned illustrate the need for impartial measures to check a confession's veracity. This paper discusses about the wrongful convictions made with the relevance of false confession made. It also discusses whether the confession was proven to the police office is validate or not. This paper discusses the cases related to the topic. It also studies the concept of wrongful confession under the evidence law,1872. Also studies about the accused confession made under police custody and how the evidences are produced against him.

Despite certain reforms over the last few decades, India's rape laws are still oppressive and perpetuate discriminatory gender roles. At a time when several nations around the globe are progressing towards gender-neutral rape laws that recognise someone of either gender as a possible victim, survivor, or suspect, India maintains a statute focused on the concept of male vaginal penetration. This is a toxic assumption that can deprive a segment of society of justice, citizenship, the right to life, and freedom. The notion that males are the only offenders of such a horrible offence stems from the traditional belief that men are biologically better than women, and that sexual harassment is the exercise of dominance by men over women. The patriarchal belief that men are too strong and powerful to be victims stems from the same patriarchal belief that men are too strong and wealthy to be victims. Section 375 of the Indian Penal Code unfairly categorises only women as claimants, thereby providing them with defence, thus utterly disregarding the other sexes in our community. Despite the fact that societal disapproval towards non-consensual sexual acts is on the increase, the law reinforces unfair, regressive gendered assumptions regarding male and female sexuality, which are troublesome for virtually all.

In India, a crime against women and children below the age of twelve faces no dearth of legislative aids in paper to prevent it. However, the efficacy of such aids reach is a lingering question this research paper intends to answer. Various state governments have positively introduced Fast Track courts and E-complaint system. This article discusses about the domestic violence cases during the Covid-19 pandemic and the impact of the e-complaint system on it. While India proudly proclaims its heritage and achievements, one big mark that blots a lot of its glory is the number of rape cases against all genders. As per the recent report of the National Crime Records Bureau (NCRB) in 2019, an average of 88 rape cases happens in India per day. There has been an increase in the rate of crimes against women by 7% from 2018 to 2019. Moreover, it has been recorded that the conviction rate is less than 30% in India. These figures show that this issue deserves to be dealt with by stringent punishments, appropriate legislative aids, and diligent implementation. This article is a humble effort to understand the competence of fast track courts and e-complaint system in India to provide speedy justice. It discusses how fast Justice a boon and hurried justice a bane is. It also explores how can these existing legal aids be made more accessible and reap better results. It is concluded that, the distinction between desirable fast justice and undesirable hurried justice should be recognized. A holistic approach should be taken to improve India’s Fast Track Courts and E-complaint system.

Unfair trade practices refer to “any fraudulent, dishonest trade practice or business practices which is prohibited by a statue”. It can be use of any unfair method or unfair or deceptive practice for the purpose of promoting the sale or use or supply of any goods. This research paper will deal with the reason for the incorporation of a law for unfair trade practice. The paper will further analyse the concept of unfair trade practice in India and the law governing it. The paper will also try to analyse about the evolution of this term and will try to discuss about the evolution of UTP. Further the paper will try to highlight the position of ‘unfair trade practices’ in India.

As this article highlights about the problems arising from the New Whatsapp Privacy Policy and the need for data protection law in India. Privacy can be understood as a right of an individual to decide who can get right of entry to the data, when they can get entry to the data, what data they can get entry to. Indian constitution defines Privacy as personal liberty in Article 21. “Protection of Life And Personal Liberty” No individual shall be deprived of his life or personal liberty except according to the process established through law. The notification was made ‘after’ the WhatsApp New Policy, which states that it may share data of any of its users with its own circle of relatives of companies (Facebook). This new update has prompted numerous difficulties over the privacy of the people that use this application. The new policy permits Facebook to get entry to these business interactions and user purchasing interest to target advertisements and customize content. WhatsApp/Facebook cannot see the user's personal messages, group messages, or listen calls with their friends, family, and co-workers, due to the fact it is protected by end-to-end encryption.

In the nearby past it can be seen that Geographical indication had emerged as an important issue in the domain of Intellectual property rights in the Indian subcontinent. Since the inception of Indian Geographical Indication Act in 2003 It had witnessed more than 100s of the Indian products have been registered as Geographical Indication However, there are different challenges that had been confronted in the field of Geographical Indication such as the quality issues during the pre-grant and post grant of the Geographical Indications. This quality issue has a greater impact in the product such the price of the product is deteriorated in the market and thereby the objective of the Geographical Indication value reputation of the product is being at stack. This study also deals with the case study of the Geographical Indications implemented in 4 different jurisdictions – USA, EU, Australia and India for understanding the protection aspects of Geographical Indications and the proper institutional mechanisms paving the market strategy of these Geographical Indications.

In Jurisprudence, there are two different families of theories of adjudication i.e., theories as to how judges do or should decide cases. These theories are of Legal formalism and Legal realism which are said to have a long history in legal thought. Theory of formalism claims that judicial decision-making involves nothing more than mechanical deduction. Whereas, Theory of Realism claims that descriptive thesis is embraced as regards to adjudication i.e., in deciding cases, judges react primarily to the underlying facts of the case, rather than to applicable legal rules and reasons. It is called realist because the concepts which provide the major premises for legal reasoning could be altered by the judges in response to changing perceptions of public policy. The pace of change and especially the change in adjudication is affected by the need to preserve a reasonable degree of stability in law. The paper further highlights as to how far the theories of realism and formalism have been accepted or disregarded by the Indian Judicial System. What is the approach that Indian judicial set up adopts? Is it the Formalist approach which establishes that judicial interpreters can and should be tightly constrained by the objectively determinable meaning of a statute; or it stands with the idea of Realism which resonates that there are norms embedded in the law for judges to discover, and that discovery is effected by looking to the underlying purpose of the law while, all the time, making the present decision consistent with those that preceded it? Or, has the Indian Legal system disregarded both the theories and taken a different path instead? All the relevant issues regarding Indian Judicial-Decision making process have been discussed at length in the paper.

The pandemic has always had a resonating impact on people all over the world. Whether it was in the past or the present, the impact had always been a devastating one. The slow rooting of people suffering had made a greater impact on the economy of the Nations. This global economic crisis can be compared with the “Great Depression” which occurred primarily in the United States of America in the early 1930s. The ‘Covid-19’ recession is the greatest depression of mankind. This recession is caused due to the lack of adaptability to the economic conditions of the Nations. Many developing countries have high unemployment structures which makes it hard for the people to survive. It is because, when the country takes certain measures to curb the spread with appropriate methods like social distancing, complete protection of face and head with face mask and a face shield, ultimately a lockdown, many people are not abiding by the rules. This situation is also caused due to illiteracy, with people not understanding the complexity of the current situation, the recession had turned into an even worse situation. While the governments of various countries are pondering over, how to control this strain as well as manage the economy. Though the vaccination had been found, the adaptability to sustain the recession had been quite difficult. during the first wave of the pandemic, the government was not prepared for the situational crisis yet it still managed to balance the economy as well as control the strain. Though the situation is controlled, there had been an unexpected turn of events that caused turmoil among the Nations. This paper highlights the insights of the situation and be an instigator to a better economy.

Rising incidents of violation of trademarks and tort of passing-off are an increasing concern not only in India but across the world. These incidents infringe the rights of business owners and contribute to unfair commercial practices. The purpose of this study is to analyze the laws present in India to deal with the cases of passing-off and to comprehensively study the tort of passing-off. The research tells the reader about the tort of passing-off along with its essentials. The law of passing-off is necessary to provide relief to the business owners having unregistered trademarks and prevent the purchasers from being deceived in the market. The elements of passing-off like goodwill, misrepresentation, and damage, which are required to establish the tort of passing-off, are explained along with the case which propounded the elements. Moreover, some Indian cases are also mentioned and explained to study the law presently in India efficiently. Further, the difference between infringement of trademark and passing-off has been drawn to distinguish between them. According to the laws present in India, to file the suit against the defendant under the violation of trademark, the plaintiff's mark must be registered whereas the registration of a mark is not necessary to initiate the case of passing-off. The study also speaks about the remedies that are available to aggrieved people in India. The study has successfully managed to analyze the tort of passing off and the laws present in India which deal with such matters.

Right to speedy trial is a notion which deals with disposal of cases as soon as possible so as to make the judiciary more effective and responsible. The main object to right to speedy trial is to inculcate Justice in the society. The very basic purpose for which every state machinery sets up the court system is to award justice to the victims of crime. Speedy trial is a fundamental right inherent in the guarantee of life and personal liberty protected in Article 21 of the Constitution and any accused who is denied this right of speedy trial is enabled to approach Supreme Court under Article 32 for the purpose of applying such right. If a person is deprived of his freedom under a process which is not ‘reasonable fair and just’, such deprivation would be violative of his Fundamental Right under Article 21 and he would be entitled to implement such Fundamental Right and protected his release. In this paper is discussed about the right to speedy trial remedy for accused and victim.

Equity and environmental justice often finds itself at crossroads of problems related to the two original institutions, society and the environment. Intersectional environmentalism bears the burden and has the potential of opening up a version of environmentalism that protects both man and nature. However, these pressing social and environmental decisions often present a dilemma, where one is required to be prioritised over the other. The American Journal of Public Health released that non-whites had 1.28 times higher burden than the overall population on exposure to particulate matter. UN Copenhagen Climate Summit, 2009 saw the leak of “The Danish Text”, that revealed and confirmed the mythical existence of the “inner circle”. It was made clear in the international stage that developed nations were willing to bargain the lives and livelihoods of ethnic minorities in order to maintain business as usual. In a domestic scale, the problem is equally grave. Tribal populations and forest villages in India, as well as caste minorities get the short end of the stick when environmental justice is imposed without consideration. These communities have been rendered invisible with centuries of marginalization, but they have never been more out of their depth, as there are now, as the rule of law, imposes restrictions on their livelihoods. Ironically, these communities are the most interconnected with the earth, the Chipko movement to this day stands as beacon of intersectional environmental activism, and injustices done unto these very communities screams of social inequality of a silenced people. The paper elaborates on the Indian scenario of Intersectional Environmentalism, and analyses the existing legislations, and incidences of injustice that paints the perspective of environmental justice and marginalised societies in India.

Due to various socio-economic causes, India's northeastern territory is internally engulfed in political turmoil spanning over decades. The area is almost like a cauldron of people of diverse cultures and backgrounds. This vast diversity has also contributed to this internal disharmony resulting in cross-cultural conflicts. Over the decades, numerous instances of rebellion, insurgency and ethnic violence have occurred in this area. The Nagaland war, fueled by the Naga and Bodo nationalism, are examples of this insurgency. Internal disputes and hostility added to this struggle with the widespread immigration from Bangladesh and Myanmar's fleeing from the state-sponsored oppression. This paper will demonstrate the importance of cultural identity in North East's perceived nationalism and how large-scale immigration, which often leads to economic stagnation in the country, aids the growth of cultural nationalism. The case study of Chakmas and Hajongs will be used to demonstrate this culture-based nationalism.

The idea around what exactly is nationalism or what act qualifies as nationalistic has always been at the helm of discussion. While the idea in itself has a lot of meanings, the effects that it has on the society as a whole and subsequently on the nation is largely accepted by all. The present research paper delves into the idea of nationalism and how it affects the society (and in turn the nation) by citing certain examples. From there, the paper focuses on how the media has affected the society. Finally, the paper goes onto see whether media plays any kind of a role in affecting the narrative around nationalism, and if yes, then what are the consequences of this affect that the media brings on the society.

This article aims at providing a brief idea of the history of cryptocurrency trading scenarios in India along with an idea of how to do cryptocurrency trading in India and also its legality in India and the future of the virtual currency trading market in India. The need to regulate cryptocurrency with a governing body has also been mentioned below and the risks to the country if it is not governed soon.

Rights and restrictions form an important part of the working of a democracy. The Freedom of Speech and Expression and Information Technology act envisages a similar relation where they not only guarantee the rights but also imposes restrictions and responsibilities over the content published online through intermediaries by the originator. This interrelation is conjugated by the rules made under the Information Technology Act, 2000 to further evaluate the influx of data over the social media and other intermediary platforms. Therefore, the author has agonized the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 provided by the central government by virtue of powers given under the IT act with respect to the Fundamental rights guaranteed under the constitution of India and with the IT act itself. Therefore, the paper majorly focuses on the issues revolving around the provisions of the IT act and the rules thereunder which concern the applicability of the fundamental and legal rights guaranteed and the legal conflict between them.

This paper critically analyses the provision of Companies’ Act, 2013 which provides with a mandate of having one woman director on the board of directors of certain classes of companies. The author provides with a detailed reading of the said provision and lists out the benefits and drawbacks of its viability from the point of view of a company. It also focuses on the presence of similar provisions in other countries and compares India’s standing as against the same. Further, the paper examines the major deficiencies of this provision and scrutinizes the reasons behind the object of the provision not being fulfilled. Lastly, the author provides suggestions to tackle the deficiencies of the provision and help reduce gender disparity in the corporate sector by ensuring that women come at par with their male counterparts.

Mahatma Gandhi is not only a freedom fighter but also a social and economic revolutionary. His idea of Satyagraha by the method of non-violence is praised and followed all over the world. Gandhi is not a name but an idea that incorporate the feeling of Struggle, Nationalism and Sacrifice. Gandhi played a crucial role in the freedom struggle of India. He is known for his various Satyagraha to oppose unjust laws made by the British. Some of the popular movements led by Mahatma Gandhi are Champaran Satyagraha for indigo planters, Ahmedabad Mill Satyagraha for an increase of wages of mill workers, Kheda Satyagraha for Patidar peasants, Satyagraha against Rowlett Act, Salt Satyagraha against the tax imposed on salt and Quit India movement for freedom of India. Hence, we can conclude that the movement led by Mahatma Gandhi played a significant role in the freedom of India, and that is why he can be considered as the architect of the Indian struggle for freedom.

The dawn of revolutionary nationalism can be traced to the end of the 19th century which remains a witness to the proliferation of secret societies in several parts of India like Maharashtra, Bengal etc. like Mitra Mela by Vinayak Savarkar and Ganesh Savarkar in Nasik (1899). Revolutionary Nationalism has been a novel methodology to counter the oppressive British raj through individual heroism and at times provided a formidable challenge to the raj. This paper, therefore, attempts to comprehensively analyze various aspects of revolutionary nationalism. Its emergence crests and troughs in different phases have been studied. The paper also delves deeper into its ground-level impact both in the short run and the long run primarily in the context of the Indian struggle for freedom. Although Revolutionary nationalism remained popular and relevant only for the first three decades of the 20th century yet during this journey it coexisted with several historic events, starting from the Swadeshi boycott movement in 1905, tiding through the First World War (1914-1918) and non-cooperation movement (1921-22) and collapsing eventually by1930. Thus an enquiry into its role in the Indian freedom struggle deserves substantial attention which has been attempted in this paper. Through an analysis of this scheme of individual heroism vital insights have been drawn highlighting major causes of its early collapse. Further, the unidirectional evolving ideological overtones of this approach have been distinctly stressed. Finally, the paper strives to draw out some crucial learnings from the spirit of this system of protest in the current context of time and space.

This article analyzes in detail the various provisions of the Constitution that deal with environmental protection. This article examines in detail how Article 21 of the Indian Constitution provides a person with an inherent guarantee of the right to live in human dignity and how it includes the right to an environmentally friendly environment. Article 21 of the Constitution, which deals with the right to life and personal freedom, was initially not very helpful as it was given a very restricted and narrow meaning. After several incidents, Article 21 was interpreted broadly under Article 21. Strictly speaking, no constitution deals with an issue such as environmental protection. Because basically every constitution only contains the legal rules with regard to the power structure, the division and the manner of exercise. Furthermore, the Constitution of India is already a long document, and brevity is the character of an ideal constitution. Principles of constitutional law, as well as throughout the constitution.

Insanity as a defense is essentially utilized in criminal indictments. It depends with the understanding that at the time of the crime, the defendant was experiencing extreme psychological illness and therefore, was incapable of doing any crime and differentiating directly from wrong conduct, subsequently making them not legally responsible for the crime. The insanity defense is a legal concept, not a medical one (Clinical one). This implies that simply experiencing a psychological issue is not adequate to demonstrate insanity. The defendant has the onus of proving the defense of insanity by a “prevalence of the proof" which is like a civil case. It is difficult to decide legal insanity, and surprisingly harder to effectively safeguard it in court. This article centers around the Supreme Court decision on insanity defense and guidelines utilized in Indian court. Analysts present a model for assessing a defendant's psychological status examination and momentarily examine the legal standards and strategies for the assessment of insanity defenses. There is a dire need to start formal graduation course, arrangement Forensic Psychiatric Training and Medical Services Providing Centers across the nation to expand the manpower resources and to give a reasonable and fast trial.

“Law is a normative science that is a science which lays down norms and standard for human behaviour in a specified situation or situations which is enforceable through the sanctions of the state.” The concept of privacy has been the most challenging & technical issue in front of our judiciary, government & the people of India in the past. But what actually do we mean by the term privacy & in what context do we say, that we should have a right to privacy? It is important to critically analyze the right to privacy because initially, the right to privacy had a very narrower scope as it only included 'right to be let alone”. The objective to conduct this research-based study is to trace the evolution of privacy, find out what exactly privacy is & how it evolved through various cases before the judiciary. The paper would critically analyze the judgment & its implications in KS Puttaswamy Vs Union of India case in which right to privacy was declared to be a fundamental right under part 3 of the Constitution of India & not an elitists phenomenon anymore, by a 9-judge bench of Supreme court of India. This judgment broadened the scope of Article 21 which entitles a person to right to life & personal liberty & included right to privacy under this article. Apart from the above, the paper would also focus on other aspects related to privacy such as phone tapping, state surveillance & privacy in the age of pandemic. The expected outcome of study would be to properly understand the view of judiciary towards right to privacy & what more needs to be achieved as a nation as far as right to privacy is concerned specially in the digital age.

Section 377 of IPC has been in the headlines since a long time for its questionable constitutional validity. Section 377 criminalizes consensual sex between same sex individuals. Homosexuality has been viewed as a stain in the society and the community has always been caught in the clutches of discrimination, inhumane behaviour, and torture only because of their sexual preferences being different from the rest of the country. Over the past several decades, the homosexual community is struggling hard and fighting in order to achieve the basic human and the fundamental rights guaranteed to all the individuals of the country in all aspects of the society. There have been a ton of debates against section 377 for it being in opposition with the articles 14, 15 and 21 which guarantee the fundamental rights of equality, non-discrimination, freedom of expression to every citizen of the country. The Navtej Singh Johar case has proved to be a landmark judgement as the Hon’ble Supreme Court of India unanimously held that section 377 which criminalized carnal intercourse as an unnatural offence and was punished with 10 years of imprisonment as unconstitutional. This judgement has led the foundation of the rights of the homosexual.

On the eve of 74th Independence Day, Senior Advocate Prashant Bhushan was held liable for “serious contempt of court” by the Apex Court for publishing two tweets, which the court held to be “undoubtedly false, malicious and scandalous”. While going through the judgment, it’s easy to form opinioned ideas, that is, if one is of the opinion that freedom of speech and expression are of the utmost importance and must be protected at all cost, then they might find several reasons to criticize the judgment on many levels, but for those who believe that contempt of court laws are necessary so as to ensure the independence and proper administration of justice, they will uphold every aspect of the judgment. The arguments used in the judgement are not new, and in fact, no aspect of this situation is new or unique. We have in the past seen several cases of contempt of court. But like all other cases, the Prashant Bhushan case makes one wonder about the line which separates freedom of speech and contempt of court, which at times, does seem to get blurred. In this paper, an attempt has been made to study the line between dissent and imputing motive to a judge in context of the present case by analysing the judgement through the facts and various evidences available in public domain.

According to Sir James Stephen, “an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime.” Confession is neither defined nor expressed in the Indian Evidence Act, but it is mentioned under the head ‘Admission’ and appears under section 24 of the Act. A confession is a declaration made by an individual or a group of individuals admitting some subjective truth that the individual would generally prefer to remain concealed. Confession is described either as assuming fault in general or admitting fundamentally all of the facts that constitute the offense. It is a combined declaration that, while including certain confessional statements, will still result in acquittal is not a confession. As a result, a statement containing self-exculpatory information that, if valid, would contradict the issue or offence cannot be considered a confession. ‘The key distinction between a confession and an admission is that where conviction may be solely based on the assertion, it is a confession, and where any supplementary proof is required to allow a prosecution, it is an admission. Similar test, is if the prosecutor depends on the statement as true or false. If the prosecution depends on the statement as fact, it is confession; if the statement is based on since it is false, it is admission.’ In criminal cases, admission is a declaration made by the accused that does not lead to a confession but raises the possibility that the accused committed the crime.

A mortgage is a famous and old concept. It is focused on the principle of equity and good conscience. Sec. 58 of the Transfer of Property Act (TOPA) 1882 explains a mortgage. A mortgage is particularly the transfer of an interest in some immovable property by a person termed called mortgagor to another person called the mortgagee. Transfer of property act recognizes seven rights and five liabilities of the mortgagor. This research paper attempts to study the rights and liabilities of the mortgagor under the Transfer of Property Act along with some important judgments delivered by the Supreme Court on such rights of the mortgagor. Lastly, the aim of the research is to compare the rights and liabilities of the mortgagor in the present modern world and to realize the need for an amendment in mortgage law under the Transfer of Property Act for stricter implementation of laws.

Reserve Bank of India is the central bank of the country which regulates the banking and financial activities in the economy. It inter alia bears the responsibility of drafting and monitoring the monetary policy framework, by detailing the employment of appropriate monetary instruments to achieve the objectives as given under the Reserve Bank of India Act, 1934 (“Act”). A monetary policy, as provided under the Act, is a policy addressing the rising issues in Indian economy which is aimed for maintenance of price stability with simultaneous growth. This research paper seeks to achieve a better understanding of this monetary policy framework as applicable in India while studying the development in objectives of the monetary policy and its scheme with special emphasis on role of instruments. The paper further aims to analyse the process of monetary policy, following it with a reflection on the contemporary changes in the light of the unprecedented pandemic of COVID-19.

The relation between the State and its citizen is the binding feature that makes men morally abiding when the sovereign, through the instrument of law, imposes restriction upon his rights and freedom. It is the obligation of the State to protect its citizen’s life, liberty and property in return for the latter’s subjugation to the rules and policies framed by the former. India, a country with defined constitutional principles stipulates the rights of its citizens under the Part – III of the Constitution. These rights are available to the people along with certain reasonable restrictions, which are again stipulated by the State itself. The mutual obligation between men and his State gives rises to the constant evolution of the ever-expanding concept of the Rule of Law. The rights availed by the people under the constitution is given wider interpretations at par with the social transformations taking place with changing times. It is an undeniable fact that rights and liberties advance with the advancement of the State’s political policies. The Rights are expanded and become more inclusive and contemporary over time. This is achieved either by way of precedential outcomes or through constitutional amendments. In recent developments, there have been several conflicting situations between the people and the State. The State and Judicial interventions upon people’s rights and liberties have sometimes not gone down well with the people’s sentiments. It was clearly witnessed in the “Sabarimala” case or the “Contempt of Court” case, wherein public outcry was seen against the Judicial and Political intervention upon the Rule of Law. The author aims to study on up to what extent such interventions are permissible under the law established; and how people’s non-abidance of these newly laid restrictions against their rights pave way for the new generation’s wider prospect of Rule of Law.

Learning can be gained in a variety of ways in which Recognition of Prior Learning is the one important area. Recognition of Prior Learning or ''RPL`` as per National Skill Qualification Framework (NSQF), is the process of recognizing previous learning, often experiential, towards gaining a qualification. RPL in higher education is a process intended to assess the applicant students’ past experience, gained through formal, non-formal or informal learning with an objective to recognise their previous achievements formally and award appropriate credits. The main objective of the paper is to explore the possibilities of implementing RPL in the higher education system in India by giving value to the skills and competencies people have acquired through formal or informal learning. The study is exploratory in nature and based on primary and secondary data. The main findings of the study indicate that the RPL in higher education is one of the recommended drivers that can help India to achieve its target of 50% GER by 2035. The research has found that by recognizing the experience of the individuals and systematically mapping it with the outcomes of various NSQF Levels will have a positive impact on productivity, innovation and entrepreneurship.

The debate on citizenship has raised far reaching issues both domestically as well as in the international humanitarian context. The debate on citizenship has been a precarious one specially in our country. One might say that it is the most undervalued right, but it is the most pertinent right of a human being given the rise of nation state model in our polity. Apart from equality of individuals in society, it is largely based on the normative understanding on who is an appropriate member of the society. While it is imperative for the legislators to organise their approach and understand the debate on citizenship, it should not be at the detriment of an individual. There is a blur line when we define who is a foreign national, citizen or a stateless subject. Citizenship is a tale of belonging of an individual, to the constitution, the state and the nation, in India to the concept of the Indian-ness and the affinity to one’s motherland. Statelessness as various scholars have argued before is the anathema to the rights of an individual, which equates a person having no legal identity and potentially to their detriment no rights under law. While a debate on citizenship brings out passions out of everyone, the present discussion would be an academic one, with its main focus on the concept of ‘dual citizenship under the present legal framework’. Dual Nationality is something that has been incorporated by legislators, accepted as a concept and acted upon quite evidently in the 21st century with the rise of globalization and the possible rise of transnationalism. This rise is can be attributed to both internal and external factors, it can be seen by deconstructing the segmentary traditional concept of nation state and a growing integration of economic, cultural, political and social ties across the geographical boundaries. More than 100 countries have in the last 20 years introduced this concept of dual citizenship, with a significant rise in the European and African continent. The present discussion would be subdivided into two parts, Part I would focus on the rise of the movement for dual citizenship throughout the globe. It would also focus on the arguments for and against the concept of dual citizenship. Part II would focus on the present Indian regime and the necessary implications thereto on a large population of migrants, NRI’s and OCI card holders. This part would also discuss the recent amendments and a need for a robust understanding of the concept. The author would critically examine the recent amendments that would potentially have a detriment towards free speech and dissent, which has been a general course for quite some time now. Lastly, to conclude the author would also stress on the Forward-backward approach towards the present issue, the lack of political will and a lackadaisical approach by the lawmakers to deal with the issue of dual Nationality and Indian diaspora in general.

Investors are pillar of the financial and security market. They determine the level of activity in the market. Investor protection is the basic and incentive step for the growth and development of companies and institutions in today’s Era. The protection is established to protect the interest of the investors. The U.S.A Security and Exchange commission being the primary regulator and financial authority is an independent agency of the United States federal government regulates authorization of federal security laws, rules, regulates security industry, stock exchange and other activities regarding the investors and investment protection in various sector of institutions. SEC administers its interest through six federal statutes. The applications of the commission is in form of administrative agency with the widest executives, also occurs in form of legislative and judicial functions protecting and tackling problems of security regulations. Those federal statutes are The Securities Act 1933, Security exchange Act 1934, The public utility holding company Act 1935, The Trust Indenture Act 1939, Investment Company Act , Lastly the Bankrupt Act of 1938 which basically includes the provisions over company’s winding up under chapter 10 of this Act. In order to alter and correct some of the powers of SEC for better protection of interest of securities and investors Investor Protection and Securities Reform Act 2010 was introduced. It also regulates the relation between customers, broker- dealers or investment advisors. The IPSRA includes various concepts under the title.

The current situation in India with the pandemic taking a toll on lives of people, it has brought into light various harsh realities where many have lost their lives and certainly left behind a lot to think and ponder upon. Surely the country has witnessed a lot of cultural, social, ethnical and political diversity however, despite socio-cultural changes, laws relating to emancipation seem unlikely in near future. Though changes and enactment of new laws are highly desirable to ensure smooth transitional process and popular acceptance among its people, since most of the Indian laws are primarily based upon the old customary practices, culture, and traditions, reluctance in the Indian society regarding the enactment of laws relating to Emancipation of Minors is expected. This is due to the long drawn and deep-rooted patriarchy, orthodoxy and family sentiments which the Indian society still cherish. This article is an attempt to analyse, comprehend, articulate and arrive at possible conclusions regarding the changes that are taking place and subsequent need for enactment of laws relating to emancipation of minors in India.

There had been headlines all around with the advent of technology that artificial intelligence what's going to replace lawyers and that why would you need a lawyer when you had machines to do their work. However, this was not the case as was found out later. Artificial intelligence reduced the billable working hours of lawyers by 13 % which cannot be considered as it considerable amount to have a negative impact on a lawyer’s career. On the contrary, the benefits of artificial intelligence and the human time and effort that was being saved as a result application of artificial intelligence to legal work was far more than the risk of artificial intelligence replacing human lawyers. Which new technologies got new and hyped-up expectations. However, every coming of the edge and cutting off the edge technology must be viewed with a bit of practicality and its impact on the future of human civilization. In the current scenario, artificial intelligence has more benefits than risks when it comes to using it for the legal fraternity. There were many apprehensions that artificial intelligence will be a disruptive technology in the sense that that the way normal lawyers work will be changed forever. However, it has turned out to be a development or an evolution to the legal processes carried out in the entire legal fraternity. It is of course, obvious, that lawyers will have to adapt to working with new technologies, but it is a positive sign as technologies make it a whole lot easier for humans to do their work. This article studies the scope of artificial intelligence, its applications in the legal fields, its negative and positive impacts in the world, and how AI has the ability to change the way the legal fraternity works.

Docket in general means a system of numbering or tagging documents which helps in easy access to them. In the Legal System all the cases which are filed with the courts and tribunals are docketed or numbered as such by the registry. Their main objective is to help keep record of all the documents and keeps track of all the happenings of the case all at one place within one file. “Each summary in a docket corresponds to a legal action done during a case. This includes motions, depositions, interviews, briefs, and rulings. Copies of documents such as declarations and affidavits are also sometimes kept in a case's docket. Each item that is included in a docket is marked with a docket number, which is a reference number that indicates information such as case type, location, and the judge(s) involved. All documents which are a part of the docket will have their own docket item number, as well as information about when it was filed in court and entered into the docket”. Mishandling of a docket will enable the knowledge contained in it to end up in wrong hands. Simply because a certain data is also of public record or already obtainable on-line while the case is active, alternative items of knowledge would possibly have to be compelled to be kept discreet from public for safety. Here the main responsibility lies on the shoulders of the Court Managers, the 13th Law Commission of India,2010-2015 issued a grant of Rs. 500 Crore towards the development of the judicial implications. There were a number of policies and duties that were prescribed to be followed by the Courts for the optimal usage of the said grant.A number of suggestions were given by the Commission for the utilizations of the funds which will be further discussed below.

Compulsory Licensing takes place when the government permits a third party to carry out the same rights as the right holder without his consent. The constant debate and opposing views between developed countries and developing countries with respect to compulsory licensing is something which needs to be taken into consideration. Developing countries are of the view that compulsory licensing would help to overcome the unaffordability of medicines and their unavailability. While on the other hand developed countries have an opposing view as they feel that it would be disadvantageous for innovation in the pharmaceutical industry. Compulsory Licensing helps in resolving the conflict of interest between two parties thereby ensuring develop and fair returns. The system of compulsory licensing in the pharmaceutical industry allows the conflict to be resolved by a third party which is a neutral party and in the end having the same aim to increase the universal access to life saving drugs globally. Thus in this situation compulsory licensing is the most important safety valve, it helps to address the modern healthcare conflict between patients versus patents. With the help of this paper, the author intends to address the existing legal regime which exists for Compulsory Licensing in India followed by analysing the provisions present in the TRIPS agreement. The problem which arises is with monopolising right which are available to patent holders, this makes it harder to meet the demand if the supply is high. The author also intends to emphasise on the possibility of the Indian government to permit compulsory licensing to other manufactures thereby increases the supply of the vaccines and meeting the demand. Lastly, the author aims at providing a 360 degrees view point of Compulsory Licensing in India and suggestions for its improvement.

The contract law of India came into existence in 1872 and yet there are provisions that are still contentious and need clarification given the advancing economy of the world. One of the contentious topics is the validity of past consideration in guarantee contracts. Guarantee contracts are a part of everyday business and is a way for creditors to make sure they get their credited amount back on time. The dispute in Section 127 of the Indian Contract Act which defines the consideration for a guarantee contract has been going on for years and different courts have given different interpretations of whether past consideration should be valid. With the Supreme Court recently opining that it should be valid while deciding a case, there is finally some direction the Indian courts can use to give the future judgements and develop the jurisprudence on this subject. The validity of past consideration has been upheld in other common law countries as well by using innovative ways to get around the textual barrier of the law as it achieves the objective of the contract which has also been discussed in the article.

This article deals with the analysis of the movie, “Selma” which is a historical drama based on the march from Selma to Montgomery led by Martin Luther King Jr, to claim the voting rights guaranteed to the Black African-American Community, which they had been devoid of. The article delves into how the movie, inspired by the ideas of Liberty and Equality, revolves around the backdrop of the Civil Rights Movement particularly the Voting Rights. There have been many instances in the movie which describe the political ideology of Liberalism that inspired King to stand up for his community as they had been suppressed by the White Supremacy. Despite the declaration made in the American Constitution that “all men are equal”, King noticed the rampant segregation happening against the African-Americans which secluded them from not only taking up government posts but also keeping them aloof from the Democratic Voting Process. Outraged but filled with determination, King led the historic march that successfully outlawed segregation, won equality in Voting Rights for all Black American citizens, and finally became a landmark event in American Civil Rights Movement. Thus, the article takes into consideration all these ideologies while reviewing the movie, “Selma” and links it with the political movies made by Martin Luther King Jr, in getting the Voting Rights Act of 1965 successfully passed.

Manual scavenging is an issue which has been prevalent in India for quite some time. Despite measures taken by the Government of India to ban the practice, the ground reality of the issue is quite eye shocking. The practice of manual scavenging relating to dry latrines was illegalised in the year 1993. In the year 2013, a law was enacted in this regard known as The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (hereinafter referred to as the Act). The Act aims to prohibit the employment of manual scavengers in India and rehabilitate manual scavengers along with their families. However, according to the India Census 2011 of The Registrar General and Census Commissioner of India, there are still more than 2.6 million dry latrines in the country. According to the survey conducted by National Safai Karamcharis Finance and Development Corporation (NSKFDC) on the behalf of Ministry of Social Justice and Empowerment , roughly 170 districts were identified for survey in 18 different states of India. From the survey, it was concluded that nearly 87913 manual scavengers can be identified in India as on 20 August 2019. Hence, this paper will focus on the various Acts and schemes which are in existence to prohibit the practice of manual scavenging and accordingly compare it with their actual implementation at the grassroots level in India.

The origin and its perpetuation is highly sensationalised yet differently interpreted among the academicians and the core aspect about the research about the caste system by the intellectuals, professors, teachers even infact, for a student is through interpretations of the old scriptures. The approach lacks self reading and understanding the caste system as it forms today a very important part of the Indian society. The truth about the caste system is either selectively hidden or is strongly defended by the conservatives lacking due knowledge about the same. The Caste system is even misinterpreted by the Hindus to be exactly what it is today to what it was formed initially. The research paper seeks to contend the argument that the Vedic religion is responsible for the caste system as it exists today with strong documentary proofs and even from the verses of the scriptures on how the intellectual crusaders selectively twist and sensationlise the informtion for their ideological good. The paper innovatively seeks to trace the journey of caste system through Early Vedic to Buddhist era and the reasons for its solidification in the present day society.

The Prisons are a significant part of Criminal Justice Administration. A private prison is where people are confined or incarcerated by a third party contracted by a government agency. Private prison companies enter into a contractual agreement with governments that commit prisoners into the facility and then pay for each incarcerated individual. Till date, the debate over private prisons has focused largely on the efficiency of private prisons as compared to public prisons, and has assumed that, if private contractors can run the prisons for less money than the state without any degradation in quality, then states should be willing to privatize. The paper aims to highlight the scope and limitations of public-private partnership in prison system. Prison system in India has been replete with various problems for a long time which include overcrowding, mistreatment, lack of services needed for inmates' rehabilitation and reintegration into the society upon their release as well as the mismanagement by the callous jail authorities. The Public-Private Partnership Model entered the Indian Prison System through the most famous Tihar Jail, as early as the 90s. The article examines the significant considerations that policymakers, administrators and private entities will deal with as privatization of corrections becomes a more serious option. Privatization of prisons is one of the mechanisms that is being considered an alternative for coping with the growing corrections crisis in countries like India, USA, UK, Brazil etc. Moreover, the corporations running private prisons inevitably claim that they are saving the government money, but their true focus is on protecting their own bottom lines. In order to lower operating costs, these private facilities cut corners, hiring fewer employees and paying and training them less. These are some of the intricacies of Public-Private Partnership model that this article aims to analyse and present.

COVID-19 was declared a global pandemic on 11 March 2020. To curb its spread, many countries around the world declared national lockdowns on practically all forms of social and business activities. With this, businesses around the world have been affected directly or indirectly by this turn of events and consequentially, the ability of parties to perform their contractual obligations may have been severely affected and impaired. Not surprisingly, there is a rising level of uncertainty as to the enforceability of commercial contracts or transactions which may have been impacted as a result of the national policies adopted to curtail the spread of the virus. Even as the immediate focus for many businesses is to determine how to continue to operate in spite of the challenges, parties to agreements may find themselves in positions where the performance of their contractual obligations are now arguably impossible or onerous to fulfill. As the global economy continues to groan under the effects of the pandemic, it is becoming apparent that parties may seek to delay and/or avoid performance of their contractual obligations and/or terminate contracts, either because COVID-19 has legitimately prevented them from performing their contractual obligations, or because they are seeking to use it as an excuse to avoid an otherwise bad transaction. This article explores when the concept of force majeure and the doctrine of frustration may legally excuse a party from the performance, in light of the disruption caused by the COVID-19 pandemic. The expression ´Force Majeure´ is a French term which literally means ´superior force´. It is a common clause in agreements that free parties from certain liabilities, where an extraordinary event or circumstance which is beyond their control occurs in a manner and way that limits their ability to perform or fulfill their contractual obligations. Force Majeure clauses are drafted to cover an imagined range of supposedly impossible events such as ´acts of God´, floods, earthquakes amongst others, and are relied on to insulate business relationships or contracts from the shock of unexpected, unimaginable or unforeseen happenings. Doctrine of frustration in common law provides a party with an excuse for non-performance of a contract because that party's ability to perform has become severely compromised because of a supervening event. In many respects, it resembles the civilian doctrine of Force Majeure, but there are notable differences. While civil law never accepted that a party could contract to do the impossible, in the early stage of the development of the doctrine of frustration, the common law accepted that impossibility was no excuse for failure to perform a contract. As a result of the COVID-19 pandemic, businesses and economies of countries worldwide have been adversely affected. The government of affected countries has had to roll out measures to combat the pandemic and prevent the spread of the virus.

In the year 2021, for the field of Intellectual Property Rights [IPR], the decision by the Supreme Court of the United States [SCOTUS] in the tussle between Google and Oracle, two of the most growing businesses in the world became very important. The reason why this judgment was long awaited by software industries and scholars of IPR is that the doctrine of fair use was being discussed and adjudicated upon in the instant case. The case comment will thus analyse the judgment, the arguments thereon as well and the analysis and way forward for the world.

The Great problem of having corporate citizens is that they aren’t like the rest of us. As Baron Thurlow in England is supposed to have said, “They have no soul to save, and they have no body to incarcerate”- Robert Monks In this article we will enhance our knowledge regarding Company and its stratification as per Companies Act, 2013. We will be dealing with enormous section under this article. Meanwhile, Companies functions and composition will also be tackled in the same. As of now, Companies Act has been amended a lot of times before coming to a certain.

The common goal of all the nations is to achieve sustainability by fulfilling the Sustainable Development Goals. Environmental sustainability is one of the major goals set by the United Nations Development Programme, and it is reflected in Goals 3, 6, 7, 12, 13, 14 and 15. However, with the advent of urbanisation, the human needs and the environment has always been in conflict. But it is much required that development does not supersede the environmental stability. Hence, it is an absolute necessity that urbanisation and development thereof prevail without causing harm to the environment. Therefore, all the facets of environment, i.e., air, water, forest, etc. need special attention and the planning authorities must include in their planning and decision-making processes the measures that would not only ensure sustainability and retain a healthy environment in the urban areas but also promote health, safety, morale and general welfare of the people living in these areas. The paper discusses the ways in which the planning authorities may adopt eco-friendly infrastructure in order to ensure environmental sustainability in the urban areas

India as a democratic nation strives for socio economic upliftment of all sections in the society as well as preservation and protection of tribal culture and their way of life. According to Article 342 of the Constitution, Scheduled tribes are the tribes or tribal communities which have been declared after consultation with the governor as such by the President by public notification. Special attention has been accorded by the framers of our Constitution for the upliftment of the scheduled tribes considered as a disadvantaged section in the society. Enabling provisions for the development and protection of tribals have been provided in our Constitution. These provisions which act as a safeguard and an uplifting measure for the tribes and their society are reflected in this paper.

The idea of the marriage is to set up a relationship among the husband and wife. As in line with the Hindu law, marriage is sacred bond and final of ten sacraments that could by no means be broken. It is a relationship that's installed with the aid of using birth to birth that even demise can't damage this relationship. It isn't most effective taken into consideration as sacred however additionally we name it a holy union. The most important goal of marriage is to make a girl and a person to carry out their spiritual duties. As in line with the historic writings, a girl is to be taken into consideration1/2 of the husband and for this reason completes him. While a person is likewise taken into consideration incomplete without a girl. Every Hindu person has to marry whether or not they're male or female. A man or woman can by no means stay a stimulating scholar and he did not preference an ascetic life. But he was engrained in the Shasta to marry consequently marriage is taken into consideration obligatory in the case of a female. Marriage is sacramental in nature and is largely cascaras, so there may be no requirement of consent of any of the parties. And if the man or woman is a minor or an unsound mind, it will likely be taken into consideration as a legitimate marriage. But as in line with under the contract law, the settlement of someone with unsound mind or a minor is taken into consideration void. Section 12 says that after onus’s consent isn't received the wedding is taken into consideration to be void. The contemporary-day nature of Hindu marriage is contractual. Though it gets the best of liberty and equality. Today it's been installed because of the west that for marriage to be effective, there ought to be an settlement of voluntarily moving into it with the aid of using each the parties. Nowadays, People are isolating from their marriages because of motives and seeking to advantage the restitution of conjugal rights. Thus, to sum up, the Hindu marriage has now no longer remained a settlement and neither has it remained a sacrament. But it is able to be state dit's miles a semblance of each. And this studies paper wills communicate approximately restitution of conjugal rights in addition ahead.

The following paper critically analyses the conundrum of the ancient era Indian culture using a S-W-O-T Analysis method. It deeply examines the Indian justice system of the time to present a deep image of the challenges faced by the same in the maintenance of law and order in the society. The paper focusses on all aspects of this cultural heritage to present an overview of the time and divides them efficiently amongst the 4 heads, to present a superior image of the various advancements and shortcomings of the time. As the paper progresses, the author aims to establish the most-debated issues under the cultural heritage of the world’s largest democracy to give a better impact to the study done.

Despite all familiarity, insurance is still being regarded as a game of financially able class having some surplus income while originally it was devised to manage the risk of financial vulnerable class of tradesmen having higher risks attached to human life. From that count insurance is a necessity for the financially insecure groups of population. Due to lack of financial aptitude most of us do not consider insurance a necessary part of financial planning. To use this cooperative device as tool of risk management a customer should have an overview of the market, the players involved in it and their role in the game along with the effects of their interplay in the market. This article aims to discuss briefly the importance of insurance in financial planning of an individual, its potential in terms of national economy and infrastructure. Besides, it highlights the significant roles played by different regulatory authorities, intermediaries and the agencies which play pivotal role in actual realisation of the benefits of the device vis-a-vis the functioning of grievance redressal agencies and claim settlement procedure. The object of the article is therefore, to enhance the basic awareness of the customer regarding market which can be helpful for effective use of insurance device towards financial planning of an individual.

This paper deals with the tort of malicious prosecution with the help of the case law ‘Shiv Shankar Patel v. Phulki Bai.’ Other case laws that explore the tort of malicious prosecution will be highlighted throughout the paper as well. The technical terms and their definitions given by renowned jurists and legal thinkers in the country will be mentioned and the implications of the case law will also be discussed. The literature that has been written by scholars will be reviewed and analysed too. A broad conclusion on the basis of the facts of the case and the judgement of the Supreme Court will be given towards the end of the paper. Articles of the Constitution and Sections of the IPC that are applicable will be mentioned and cited in the paper. Any laws and acts formulated will be referenced, keeping in mind the case study and the tort of malicious prosecution.

The government of India passed the Fugitive Economic Offenders Act, 2018 safeguarding depositor's belief and the welfare of the country's financial system and helps in aiding the Government by provisioning an effective mechanism for confiscating and attaching the properties and proceeds of crime belonging to such fugitive economic offenders who are circumventing the Justice dispensation system. The Act aims to daunt fugitive economic offenders who sidestep judicial prosecutions in the country, thus, to protect the sanctitude of the rule of law and render them susceptible to Indian Jurisdiction. The cases of financial offences involved with levant of hefty bank loans, ergo exacerbating the economic condition of the financial transactions segment in India, it was perceived that the prevailing civil and criminal provisions in the law were insufficient to tackle the gravity of the issue. The paper aims to highlight the attributes and implementation of the fugitive economic offender's act. There are various occasions and history of economic offenders fleeing from Indian jurisdiction to avoid the litigation and to escape from the criminal liability forestalling the initiation of criminal proceedings or on occasion during the delay of the proceeding of such trials.

Consumer Protection is one of the areas which ensures well-being of all and their prosperity in many other possible aspects. Consumer Protection not only deal with the protection of not only consumer but also ensures prosperity of their unit, mass, country at a large level. Consumer protection is such a practice which ensures a good exchange of goods and services not only among buyer and seller but also ensure establishment of a good relationship between two. Here, a consumer protection policy and framework are very important to regulate trade and all other soughts of buying and selling process in a market which will also help that market to grow up and which will ultimately help the economy to grow up in both national and International forum. Consumer Council, Consumer Forums and policy related to consumer protection in any economy is important because ultimately economy is built up of consumers and without consumer protection laws the economy cannot grow up. So, for these purpose huge UN Conventions were taken on and with it other provincial laws worked for it, and thus, it ensures Consumer Protection in International context.

The Supreme Court of our country is treated as the guardian of the constitution. The Constitution is the supreme law of the land. Our constitution is the lengthiest written constitution of the world and therefore it is not free from ambiguities and its meaning is likely to be interpreted differently by different authorities at different times. This is one of the reasons behind having an independent judiciary. Independent judiciary maintains the supremacy of the constitution, as it is an independent and impartial authority to decide any dispute arising between centre and state. The Supreme Court has been called upon to safeguard civil and minority rights and plays the role of guardian of the social revolution. The doctrine of separation of power is in existence to draw upon the boundaries for the functioning of all the three organs of the state: Legislature, Executive, & Judiciary. This doctrine also provides the judiciary to act as a watchdog and to check whether the executive and the legislature are functioning within their limits under the constitution. An independent judiciary supports the base of the doctrine of separation of power to a larger extent.

For the past year and half, our society has been subjected to a public health emergency of a scale which few past tragedies can match. The Covid-19 pandemic has impacted every tiny little aspect of how we functioned as a society. In one way or the other, it has altered the set norms that we have been following from time immemorial. While the Covid-19 pandemic has made all of us witnesses to scenarios unimagined by us, it is certainly not the first of its kind. Before the Covid-19 pandemic, our society has been subjected to several public health disasters, all of whom impacted and altered the former in multiple ways. This research aimed at finding the same. In this research, we have done a study of some of the most devastating public health emergencies and pandemics in the wake of whose, our society was left reeling and forced to give up its set norms. The methodology for the research included a study of the documented scenarios which arose post a major pandemic. We studied how and in what ways can a health emergency lead to changes in the ways of our living. To substantiate our findings, the researchers also conducted a survey in which responses to questions pertaining to the above mentioned themes were collected. Our research concluded that a society is bound to adapt and shift to new ways of functioning in the face of a public health emergency. While the adaption to a ‘new normal’ may not be absolute, it will still happen, with a few of the alterations to stay even after pre-emergency scenarios is restored. This has been observed in the past and holds true for the present Covid-19 pandemic.

The Constitution of India is undoubtedly supreme law of India. Part III (Article 12-35) of the act deals with the Fundamental Rights. Specifically Article 32, i.e. Right to Constitutional Remedies is a fundamental right while vests a very wide power to approach to the Supreme Court for breach of any of the Fundamental right by the state or institutions or individuals. This Article is an approach to critically examine the Right of Constitutional Remedies and how this Fundamental Right won the race amongst others, in being the most important right one can have, in eyes of Dr. B.R. Ambedkar. As said by him- “the Constitution will be nullity without this Article”. Afterward the article discuss about the Public Interest Litigation; a modern approach to litigation.

Inter and intra-state migrations are linked to economic efforts. Because some states do not have enough jobs to generate, individuals migrate to earn a living. However, the issue emerged as a result of a pandemic. COVID-19 caused panic and turned into a tragedy in Indian history. The emergence of the covid 19 caused alarm among migrant workers and a psychological need for them to be with their family. They had to ponder whether they would be able to earn enough to eat because of the unexpected shutdown. Migrants without a job or money have no choice but to return to their homeland in order to survive in the host city. This resulted in a rush of migrants leaving their workplaces to return home across India. This was a problem for which India was unprepared. The state administration faces a difficulty in containing the pandemic COVID-19 and reviving the economy as soon as possible due to the epidemic's rising tendency and its extended duration.

Section 197 of Cr.PC gives public servants an assurance for protection in the eventuality of a genuine, bona fide mistake or miscarriage of law during the course of performance of official duties. This protection, is to save the public servants from vexatious and malicious cases brought against them. This section invests the competent authority of the public servant with the power to grant permission for prosecuting a public servant. No court can take cognizance of a criminal case in which a public servant is an accused, without the permission of the competent authority. The competent authority is expected to examine the case in detail before granting permission for prosecution. This paper attempts to broach the various circumstances and constraints in which Section 197 is invoked.

Throughout history and across the world, most masks have served to disguise, cloak or alter identity, whether within the special circumstances of formality and theatre, the perpetuation of crimes or the veiling of girls. Medical masks, against this, are meant to not hide but to guard. They maintain the wearer’s identity while encouraging solidarity instead of segregation. The pandemic has made people across the planet assign different meanings thereto. Symbolic Interactionism looks into these changes in meanings assigned to an object and this mask trend might be a serious culture shift for the West. But the symbolic school also states that the meanings are subject to vary. And, masks are just elements of current history and maybe viewed as an emerging cultural norm. But as this pandemic evolves, a set of empirical data helps to create an image of COVID times along with the evolution of masks. Social solidarity means a social cohesion based upon the dependence which individuals have on each other in more advanced societies. Character mask are prescribed social role that serves to conceal the contradiction of a social relations or order.

This research paper studies the concept of Corporate Social Responsibility and what is its position in India as a legal obligation and explains the Indian Corporate-Legal provisions on CSR in India. The findings of the research paper explain the basic concept of CSR suggests that CSR activities in India have a well-defined scope which are needed to be fulfilled while at the same time adhering to other rules needed to be followed while conducting such activities. Moreover, the findings also comments on the future scope of CSR in India. The findings of this research paper can be used for increasing awareness as well as for educational purposes.

Present century is considered as the era of technology, internet where the things or transitions are usually done on the internet. Internet is considered as the stage of the world where one can access any information from any corner of the world. But some money minded people using it as a weapon for criminal monetary benefits. Cybercrime is one of the fastest growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams, computer hacking, virus attacks, stalking by e-mail and creating websites that promote racial hatred. As internet technology advances so does the threat of cyber crime. In times like these we must protect ourselves from cyber crime. Antivirus software, firewalls and security patches are just the beginning. Never open suspicious e-mails and only navigate to trusted sites. These offensive acts are termed as cyber crime or cyber delinquency. In order to punish these cyber criminal IT Act, 2000 was enacted and some important changes were made in Indian Penal Code, 1860. The objective of writing this paper is to spread the information regarding cyber crime among the public.

Fugitive economic offenders act came into force on 21st April, 2018 but was assent by the president on 31st July, 2018. This act is a must needed act because the individuals who are mostly the big industrialist who takes the huge number of debts from bank and they do not pay them back resulting into NPA, so they run away with the debt amount on them to another country and even they refuse to return back to the country because this will bring the legal action against them. This act prohibits the offenders to leave the country if they leave the country, they can be called back and a legal action can be taken against them, their properties can be confiscated and once found guilty of schedule offence then will be declared as FEO by the special court. As all the laws are not perfect there are some loopholes in it but overall, it is huge relief on the part the new specific laws that have been made in particular to deal with this huge crime which is done by the white-collar people.

Failure: a simple seven letters word but feared by most when it comes to facing it. When we talk about this, there are a lot of definitions for it, depending on the situation. The most common meanings are ‘lack of success’, ‘not able to achieve the desired goal’. When one comes across it, low self- esteem, low confidence, and lack of self-worth are commonly found. Failure is like a two-sided coin; one side is totally giving up once failed and having absolutely zero intention to get going. Whereas the other side is, getting up as a stronger and determined individual and achieve the goal in a much revised and better manner. The decision is entirely on you, which side of the coin would you rather be on. While the discussion on this continues, the coping mechanism to come out of this phase and perform efficiently is as much of the same importance. Coping means, putting in one own’s conscious effort to work on one’s personal matters to reduce anxiety, stress. In relation with failure, there are many coping mechanisms like accepting it and move on, or crying and running away etc. Different medical researchers recommend different coping mechanisms for failure according to the person as well as the situation they have faced the same in. This research paper contains about how different age groups define what is failure to them and cope with it. A survey has been conducted for the same which will be discussed in the following paper.

It is well recognised fact that GUI has become an emerging area for countries to contribute to the economy by investing in the technology driven smart devices and its protection as an intellectual property. In the recent years, there can be seen an incredible growth in the use of GUI incorporated devices and so in the legal battles. GUI can be protected under Copyright, Trade Dress, Patents and Design Rights under different jurisdiction. Overlapping of protection is not the issue as each IP is independent in its nature and has different eligibility criteria. The paper has also dealt with copyright protection of GUI but basically focused on claim of industrial design rights for the protection of aesthetic properties of GUI in developed and developing nation like United States and India by analysing the substantive and procedural procedures. India being a developing nation is still reluctant to protect GUI under India Designs Act, 2000 because the nature of GUI does not establish the eligibility criteria required for acquiring design rights. The paper also suggests indicative problems in grant of protection of GUI in India and suggests changes to make the legislation more flexible and broader in scope for such kind of application. The legal situation is unsettling and creating lacunas in the area of protection of interfaces that is promoting the economical and technological texture of every nations of the world.

On 12th may 2021, India had faced a terrific situation of accumulation of thousands of dead bodies in the banks of river Ganga. passing through the present-day scenario, It seems that the rights and justice for a deceased person are highly affected and are in a state of getting deprived. It is often said that death means “A state of being silent” but looking at the present situation it seems that-the dead man is sobbing for the rights and justice, although not by expressions but by emotions. Looking forward to which various ministries reacted upon it including NHRC with the conclusion of providing deceased equal rights, dignity and justice. Moreover this act has clearly violate the aim of keeping Ganga clean. This article will talk about various aspects on how the rights of deceased have been taken away and are there any law for the deceased and moreover with discussing the remedies on how the rights of our beloved one’s can be maintained.

The Human Rights has always paved its way in providing security to every individual in every situation. It has been like a constant variable even in the time of crisis the human era have faced so far. We are not at all unaware of the current situation the human evolution is going through. The normal life has come to a stagnant position due to the partially unknown nature of the corona virus. The virus has led all of us to sit to our homes with no work. The whole human community has been vulnerable to this virus. In the midst of the ongoing pandemic, the one thing that needed to be on point was ensuring that the human rights of every individual are protected at every cost. Though the whole community is vulnerable to the attack of the virus, there is more to look into through this pandemic. As there has been a lockdown even in the different work sectors, the more sufferers are the workers. The vastness and peculiar nature of Indian scenario has led to a community called the migrant workers who has suffered the most during this pandemic and shall suffer for the foreseeable future. The Human Rights of the migrant workers has been curtly violated in many different ways by different other groups of people. This paper tries to give an insight into the condition of the migrant workers during this pandemic and how it impacted them both physically and mentally. The different ways in which the migrant workers have faced the worst conditions needs to be highlighted in a much broader way. This paper will also give some pre-measures which should have been taken by the government to avoid the onslaught to the community during the pandemic. It shall also try to anticipate, with the proper information and data, the conditions the migrant workers will face in the post-covid scenario. The paper will discuss the various reforms the government has planned for the migrants and the relief packages given to them critically. There shall be a comparative study between the pre and post-covid situation in a country like India.

The emergence of globalization is causing a strain in the relation between different state governments of a country and is also causing a far- reaching change in the relation between the federal and state government. The repercussions of globalization are causing an unintended divulgence on the established intention of the constitution makers both in the United States and India. Though there is not much of contention between the states of the United States of America, the recent composition of ‘Investor Summit’ to attract foreign investors in India makes it very evident in India. Thus said article research work seeks to provide a critical analysis of how globalization is leading to an unintended competition between the states of India to attract FDI. Likewise, it also discusses how the vision of “New Federalism” of America is getting hampered on account of corrective measures adopted by the federal government of the US towards regulating FDI.

The Vienna Convention on the Law of Treaties, 1969 is the primary source of treaties that dominates the international law regime. The parties to this treaty are bound by the principles laid down under this Convention when they enter into a treaty. The present paper tries to cover the major aspects of treaties in international law. The paper discusses the process and formalities that are needed to be fulfilled by the States to form and sign a treaty. The concept of reservations to treaties has been discussed comprehensively. The main focus of the paper is the evolutionary interpretation of treaties. The paper discusses several dimensions of evolutionary interpretation used by the international courts and such state members. Evolutionary interpretation is one of the main foundational aspects that the international law is built upon. It is very important for the States to be flexible with changing times. It is important to consider the retrospectivity of evolutionary interpretation of a treaty. The present paper discusses the same. The paper further observes how the modification of treaties is distinct from amendment and interpretation of a treaty. In the conclusion, the paper clarifies the position of evolutionary interpretation in international law.

India is a diverse country with various religions and personal laws governing their application. However, with respect to each religion and their applicable laws, there are certain fallbacks which have prominently come into light, emphasizing a large question of implementation of a Uniform Civil Code in India meeting interests of each religion. This manuscript encompasses all such aspects from a functionalist perspective and the perspective of the inheritance laws ranging from Hinduism, Islam, Christianity, Goa Civil Code and other relevant legislations. Furthermore, the manuscript deals with the issue of how a model UCC should be represented for an effective governance and thereby provides for certain important comments and suggestions which must be kept in mind for its proper implementation. Such suggestions consider the issues put forth by eminent scholars on such issues and provides for future guidance.

The Mines and Minerals (Development and Regulation) Amendment Act 2021 brings about several reforms in the mining sector. It aims at optimally using the mineral industry's potential and capabilities in order to increase employment and investment in the mining industry, particularly coal. The Act has introduced several changes. Whether these amendments prove to be an instrument of over-exploitation of the natural resources and the environment or an apparatus to realise our dreams of self-reliance, only time will tell. The judiciary which has often been tagged as environment-biased, is yet to test the validity of this Amendment Act. This article tries to study the changes introduced by the MMDR Amendment Act, 2021 and its implication there off.

This paper is an attempt to see the connection and relationship between globalization and the prevalent caste system in India. Globalization is majorly viewed at and studied from an economic outlook but I would be discussing in this paper its socio-cultural effects and the bearing it has with regards to the different castes (particularly lower caste) that exist in India. The paper further deliberates on the consequences of globalization and whether it helps eradicate the caste system as a whole, has no bearing on it, or further perpetuates it.

Money laundering lies in the country and makes it dangerous for the economy and growth. It is an attempt to illegally hide the sources of today's fast-paced economy which is difficult to chart. As a result, the small states with an underdeveloped financial structure find it challenging to manage financial resources. It is a "little white lie" of international crime. An argument made by R.T. Naylor that "money laundering is an artificial and contrived offense that has no place in the statute books of a civilized country." Money Laundering can also disrupt public confidence in the banking system. It also leads to expansion in criminal activities. Where should the international clique look for replica and cooperation in the case of transnational organized crimes? An increase in money laundering, terror financing has led to the formation of the Financial Action Task Force (FATF), an intergovernmental organization formed in 1989 at the G7 summit, Paris. It contains a set of standards to promote effective legal implementation combat money laundering by terror organizations. It is a policy-making body that makes progress through peer review, i.e., a mutual evaluation by member countries. This paper aims to place the interaction between Pakistan and the Financial Action Task Force while also presenting the features and functions of FATF. Similarly, this paper addresses the consequences of being on a grey list and its effect on a nation. Finally, the paper discusses how COVID-19, a global pandemic, poses a threat to the FATF.

Violence against women both inside and outside of their home has been a critical issue in the modern Indian society. Women in India constitute near about half of its population and most of them are oppressive under the socio-cultural and religious structures. One gender has been leading the space of the India’s social economic, political and religious stuff since time ancient. The present study felt the need that in the era of globalization and transformation the present trends of crimes against women is increasing day by day. This is particularly the case in cultures where female virginity is extremely valued and thought of important before marriage; in extreme cases, rape victims are killed in honor killings. Still, in many countries, spousal rape either remains legal, or is illegal but broadly stood and accepted as a husband's right. The criminalization of spousal rape is recent, having occurred during the past few years. . For some women, the household is a place that endangers lives and strains some of the most severe forms of violence committed against girls and women. Violence is frequently committed by males who are, or who have been in positions of trust and familiarity and power e.g. spouses, fathers, fathers-in law, stepfathers, brothers, uncles, sons, or further relatives. Domestic violence against women statistics as the top group of violence against women in 2018, conferring to data from the 'Crimes in India - 2018' report accumulated by the National Crime Records Bureau (NCRB).The family is often associated with a preserve, a place where persons seek love, safety, sanctuary and shelter. In my opinion all human should be treated equally without any discrimination against race, cast, religion or gender.

In a heterogenous, contemporary society like India, secularism and pluralism are indispensable elements for the smooth interaction and functioning of its organs. Secularism, though loosely understood to be the (non)regulation of religion, is tough to define as it is used to refer to several ideals relating to the same. If no single tradition is represented, no one is excluded – this is the ideology vouched for by our democratic set-up, and is incontrovertibly the most apt, considering the diversity of religious belief-systems prevalent in the sub-continent, and despite this diversity, the State chooses to represent none, stand for none, promote none and think of none as over and above the other, thereby fulfilling its secular vision. This endeavour is a fundamental step towards ensuring religious blindness, which is demonstrative of what is known as the largest democracy in the world. Not only to ensure a peaceful co-existence, but in order to see this diversity as a strength, is quintessential for the success of a democracy. A pluralist democracy, allowing the masses the freedom of association, is a necessary condition for the democratic culture to flow. Various aspects of this culture, such as the arts, press and media work constructively towards building this legacy of pluralistic thought and critical argument. Understanding that secularism and pluralism are compatible and striving to honour both of them simultaneously, needless to say, goes a long way to uphold social justice. Our Constitution has struck a balance between the two which allows an individual to profess a particular religious faith or belief. India, for the longest time has continued to be a standing example of this ideal of tolerance and pluralism, and, despite repeated assaults on its faith, has managed to bounce back and stand tall and proud as a pillar of unity – peacefully co-existing amidst secularism and pluralism.

Most of the times married girls lack the ability to negotiate freely about the sexual activity, contraceptive uses, birth spacing with their husbands sometimes about using protections also. A woman's forced silence on issues pertaining to childrearing affects the lives of her children before they are even born, because of her lack of voice and agency in reproductive decisions, including the timing, spacing, and number of children. The impacts carry through her children's upbringing and into their adult lives, family formation, and the generation they, in turn, raise. In this way child marriage reinforces inequitable gender norms among the next generation, which can result in reduced community investments in social services and programs that might increase her children's chances of success in the future. In addition to the individual and intergenerational effects of reduced voice and agency, constraining women's and girls' voice and agency contributes to losses in productivity and has long-term effects for development goals. The lack of voice and agency in household decision-making and civic participation that typically accompanies child marriage also limits girls' input into community and national decision-making. Research suggests that women's greater involvement in political decision-making increases the likelihood of greater investment in social services, including those directly related to economic growth, such as education.

Jammu and Kashmir is just like a paradise in the earth but this paradise have gone through many wars, conflicts and chaos. Jammu and Kashmir is the most strategical and important union territory of India as from this place India have border with Pakistan as well as China. This research paper tries to study the ways and wars which took place for integration of Kashmir into India. The research starts with giving a brief history of Jammu and Kashmir in which we will come to know how the state changed from the culture of Buddhism to a state of Muslim majority. Secondly this research paper traces back the plan of partition of Indian subcontinent known as the Mountbatten plan. Thirdly this research paper focuses specifically on the partition of Jammu and Kashmir and the fight for integration Jammu and Kashmir into India. Fourthly the research paper tries to discuss the geographical changes that took place in Jammu and Kashmir due to different wars fought by India specifically for Jammu and Kashmir.

Women have to face a plethora of factors which directly or indirectly affect their career trajectory and one such factor is motherhood. The purpose of the study is to analyse how motherhood limits the career progression of women even in modern. The paper studies the fear of this motherhood penalty and its impact on the career decision of women. This paper provides a preliminary understanding of the fear of motherhood penalty negatively impacting career trajectory of women and uses references of existing infrastructure to address the issue of pregnancy penalty, to understand the same. There are countless factors that affect women in the career path but some of these factors are purely based on stereotypes that woman are the primary caregivers of the family. Female employees are an integral part of any company and managers need to formulate policies that actually fulfil the needs of the female employees and are inclusive of pregnant women and mothers. The following research paper attempts to make a contribution to the existing literature which deals with the motherhood penalty levied and the negative impact it has on the career trajectory of women. Various aspects of the subject are studied to comprehend in detail, the reasons for this penalty and if there has been effort in making workplaces inclusive for mothers.

The study explores and tries to examine the concept of Organizational Rightsizing and the great significance & importance it holds. To achieve the aim of the paper a special reference to current Covid-19 and post Covid-19 scenario was also made in this study trying to understand the significance of rightsizing during the same. The study was guided by 14 research questions and 3 research objectives. A case study analysis as well as interview of an business organization was conducted in this paper so as to achieve the objectives of the paper and either confirm or negate the hypothesis laid down in this study. The findings of the paper suggests that the current covid crisis as well as post covid crisis calls for the need of organizational rightsizing. It reveals various strategies, methods and techniques which must be utilized by business organizations in order to implement the procedure of rightsizing effectively as well as efficiently. The study can be used by organizations helping them in understanding the significance of organizational rightsizing during the current covid crisis as weel as post covid crisis enabling them to carry out rightsizing in the most effective and efficient manner by following the strategies suggested by this study.

This article revolves around Bhagat Singh’s life as revolutionary during Indian freedom struggle. Bhagat Singh is a famous Indian freedom fighter who sacrificed his life for the cause of his motherland. Starting from his childhood till his last breath, the article includes all the important events that occurred in Bhagat's life. Mainly his two acts of dramatic violence against the British in India and execution at age 23, which made him a folk hero of the Indian independence movement. The article throws light on the Killing of Saunders, 1929 Assembly Incident, arrest, Case trial, the prison Hunger strike, and Execution. The author has tried to critically analyse the case trial and proceedings of the case and the decision pronounced and tried to build a relation of the working of the judiciary with the political events occurring at that time. Bhagat Singh was a revolutionary ahead of his time, and his ideology and intellect are evidence of that, if people of his time were able to understand and connect with his ideas and thoughts, the scenario and history of the Indian freedom struggle would have been completely different from what it is. Though today he is not present in his material form, his ideas and thoughts have kept him alive in the hearts of the youth of India.

The politico-legal, social and economic changes that have taken place during the past decades have definitely brought about perceptible changes in the status of women in the country. Women in our country share too many responsibilities and perform a wide variety of duties in running the family, maintaining the household, attending to labour and domestic animals and extending a helping hand in artisanship and handicrafts. But most of the times her participation in work is considered as unpaid. Her role has never been evaluated as such in real economic terms. An important reason for neglecting female employment as a specific category either in research or policy is the ‘invisibility’ of their economic contribution, especially in the rural areas, and traditional interpretation of such concepts as ‘work’, ‘economic activities’, productivity, and work place. During the recent years, women in large numbers have joined the labour force and taken up paid employment. Although women’s representation in the labour force is increasing still it is much lower to that of men. Women are largely confined to unpaid work and casual labour, while men concentrate on more valued forms of remunerative work. The informal/unorganised sector is a larger source of employment for women than men. The unorganised economy in India employs about 86 per cent of the country’s work-force and 91 per cent of its women workers. Their earnings are necessary for sheer survival. Women are disproportionately represented in the unorganised sector, in non-standard and lower-paid forms of work, such as temporary and casual employment, part time jobs, home-based work, self- employment and work in micro enterprises. They face serious problems and constraints related to work such as low income, lack of continuity, insecurity, wage discrimination, unhealthy job relationship, absence of medical and accident care etc. The exploitation of female labourers in rural regions happens both horizontally and vertically. Thus, it is needed to address the issues and discuss the kind of policy reforms and institutional changes required for the emancipation and empowerment of rural female labour force. The present study aims at understanding the degree of vulnerability of the women workers in informal sector in India. Towards fulfilling this objective, this study has been conducted to find out the realities. The women working in the unorganized sector are most vulnerable, ignored and diverse. Therefore, it is time to address their issues and discuss the kind of policy reforms and institutional changes required for their emancipation and empowerment. This present study will make an attempt to understand the socio-economic condition, nature of work, working condition and difficulties of women labourers working in the unorganised sector in India. It is hoped that this study will help in providing desired inputs to the policy makers, government functionaries, international agencies and all those who are engaged in the upliftment of the women workers working in the unorganised sector.

The legalization of marijuana has been a contentious issue after the enforcement of Narcotic Drugs and Psychotropic Substances Act, 1985 illegal sale and possession marijuana all over India. Although it is used in the medical field, no positive action has been taken. In the emergence of recent events in which two states of America voted to legalize the use of entertainment marijuana, a wave of open thinking has risen in the country. This paper intends to draw a strong analysis of marijuana use followed by a global comparative study which clearly indicates whether India should allow marijuana or not. The purpose of this study is to better understand the various words related to marijuana, why and how it is used it was also banned why the ban should be lifted.

Amidst the chaos created by Covid-19, residents of RR Venkatapuram, Vizag witnessed another tragedy on 7th May,2020 in the form of a pernicious smoke, leaked from a nearby situated LG Polymer Plant. The deadly fumes of styrene monomer vapour inhaled by the inhabitants took 12 lives and left several injured. The resurfacing of yet another gas leak incident costing human lives inevitably puts one in mind of the deadliest Bhopal Gas Disaster. After that tragedy, we introduced a score of legislations to avoid such disasters in future and also transmogrified the principle of Strict Liability into Absolute Liability in case of hazardous industries to create a deterrent effect. Yet here we are witnessing derisory change in the situation with number of gas leak incidents occurring every now and then. In order to dig out the root cause of such incidents Researcher in this Research Paper dwells into the aftermath of Bhopal Gas Tragedy and its relevance in today’s scenario. The paper focuses on the need and significance of principle of Absolute liability. The Researcher in this Paper also keenly studies how the Rules, Regulations and Principle of Natural Justice are casually flouted by the authorities when they have their own axe to grind in the matter at hand.

Section 84 of the Indian Penal Code,1860 deals the defence plea for the person of unsound mind or insane. It can be said that if the accused person have committed a crime and he proves in the court of law that he was insane during the occurence of crime then he may escape punishment. The law is open to misuse by criminals. The researcher through this article have tried to understand whether this law made years ago is serving any good at the present time or have mere become a loophole in the criminal justice system. This article deals with evolution of insanity plea, judicial perspective and other aspects regarding Section 84, IPC.

This paper examines the impact of the new insolvency code that is Insolvency and Bankruptcy code of India, 2016. With fast changing economy and ways of doing business there was a need for a new law as previously governing act failed to solve the insolvency issues effectively. In this paper the issues and loopholes in SICA etc are properly discussed and how IBC has made the insolvency proceedings simpler and time effective as compared to the previous Acts where there was no time limit. Appointment of an Resolution Professional (RP) by the National Company Law Tribunal on recommendation from the Insolvency and Bankruptcy Board has made this process transparent as RP takes over the management of the company and committee of creditors are formed whose votes are taken in all important matter. This code has no doubt improved the insolvency process in India but issues with cross border insolvency still exist. According to IBC for cross border issue bilateral arrangements need to be made with the respective country where lies the assets of the corporate debtor but till now India has not formed such bilateral arrangement with any country. Many progressive countries have adopted the UNCITRAL model that has lead to uniformity in the cross border insolvency laws and has increased the ease of doing business there. This paper properly describes the issues faced by the companies in case of cross border insolvency, as India has yet not adopted the UNCITRAL model.

Women in India hold a very respectful position in society since the Vedic age. In India, women have been given equal rights as to men. But the scene is not the same with woman prisoners in India. Women prisoners are ‘criminals' but they have some human rights and we can't violate them. Women prisoners face many challenges like lack of sanitation and improper hygiene and custodial rapes and sexual abuse and what not in the prison. There is a need to address all these problems faced by women prisoners. This research paper talks about various problems faced by women prisoners and according to a survey done by me, what is the public's opinion about these problems. Hence the research is mostly based on empirical research.

By 2030, India will have lost billions as economic loss due to the rise of mental illnesses. Majority of Indians who suffer from some form of mental illness do not have access to adequate mental healthcare services and there is still a lot of stigma associated with mental illnesses. Even though there has been a rise in discussions around mental health, there is still a lot that needs to be done in order to destigmatize mental illnesses, train necessary personnel and set up sufficient infrastructure for mental healthcare in India. This paper aims to look at the prevalence of mental illnesses in India and the legal and policy framework around it. The paper first throws light on the rising incidence of mental illnesses in India. It discusses the prevalence of mental illnesses among the youth of India as well as corporate India. It then goes on to discuss the origin of laws for mental health in India and its evolution with time. The paper then examines and analyses the adequacy of the current legal framework around mental health. It also discusses the Indian government’s central policy for mental healthcare and discusses the issues plaguing the policy. The paper also discusses how the COVID-19 pandemic is going to result in a significant rise in mental illnesses and how India is not prepared for it. The paper concludes by offering suggestions on how to improve the existing legal and policy framework around mental illnesses in India.

“Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,” Right to information is a cardinal right as it enables an individual to exercise his fundamental rights, right to freedom of speech and expression, right to freedom of association, right to freedom of profession and many more. Right to information also has a crucial role in establishing an effcient demcoratic system by holding the Governement accountable and transparent. Because of the digitalisation, internet has become an important platform facilitating rights. At the same time to control the political unrest or to maintain law and order situation, most of the times this important right is compromised by denying access to internet. In this backdrop, this paper attempts to analyze importance of the access to internet, and the circumstances in which it can be restrained, owing to larger interest of the nation.

Amartya Sen does not perceive women's oppression to be a miniscule dilemma. On the opposite end of the spectrum, the context of women's income disparity is fundamental to the Nobel laureate's concerns, and he considered himself as a proponent of so-called feminist economy. To what proportion can Amartya Sen's proposals about autonomy, — particularly his conception of development as freedom, strengthen millennial economic analysis? Sen's premise of inclusive freedom has many parallels and offers significant avenues for analysing gender discrimination. Sen's growing focus on equality as the overarching perceived norm for assessing interpersonal well-being and social sustainability adds complexity, not just for feminist research. We advocate a more explicitly secular democratic critique of competence, quality of life, and worth, reflecting on Sen's oeuvre and multiple feminist philosophers. In this study, we aim to evaluate the magnitude to which Sen's highly intensified emphasis on autonomy benefits feminist economists.

In the 21st century, ‘Internet’ is our mantra for survival, more so at a time when our country is progressing towards the motto of “Digital India”. The increase in the number of internet users has catalysed the darker side of internet usage. This ‘darker side’ is associated with crimes that the cyber space facilitates and harbours. The anonymity of the internet has impelled the offenders, strangers and friends alike, to trap people into a web of online victimization. Against this backdrop, the author has attempted to analyse the nature of victimization on the internet in relation to different theories, and thereafter, bring to forefront the issues and challenges that our legislative regime faces in reference to cyber offending.

The concept of feminism is a controversial one and has been misunderstood at many levels. One can assume that such misunderstanding was construed by the patriarchs in the power. It was more out of the fear that feminists were shunned. The feminism waves which started in the 19th century discussed the basic rights like voting rights and educational rights of women. Although the movement started by focusing on the issues related to women and their empowerment but eventually it intersected with other issues and blurred the lines of gender identity. The feminist intellectual inquiry aims to build awareness with practices that will aid in achieving political, social, and economic equality for women to improve women's lives. Feminist theory's most critical aim is to explain women's subordination and find ways to end it. Feminism being one of the approaches of international law assumes a position to critically evaluate the position of laws and how they inadvertently marginalize a particular gender. Globally, women’s participation in National Parliaments is only 24.3% . Policymaking and law-making around gender equality are only useful when such is made by the marginalized group themselves or when their lives and experiences are taken into the account. Thus, it becomes pivotal to see the standing of women in today’s context and the male-centric bias in juxtaposition to gender equality.

Freedom of expression has always been emphasized as an essential basis for the democratic functioning of any society. The democratic credentials of any State are judged by the extent of the freedom of Press/Media enjoys. It provides comprehensive and objective information of all aspects of the country’s social, political, economic and cultural life. The press is the fourth pillar of Democratic Nation that is ensured by its constitution; hence it is considered as the most important institution in the society. Article 370 of the Indian Constitution guaranteed the special status of erstwhile State of Jammu and Kashmir, was abrogated on August 5, 2019. The Government of India introduced the Jammu and Kashmir Reorganization Act-2019 on August 6, 2019 and converted the State into two Union Territories viz Jammu and Kashmir and Ladakh. Simultaneously Article 35 A empowering the Legislature to define the permanent residents of Jammu and Kashmir was also nullified. While going through the process of Abrogation, complete communication blackout was set in motion thus making people more curious particularly the ones affiliated with Communication Departments be that Print or Electronic media. Therefore, the present study aims to trace out various Censorship laws being imposed on regional media in Jammu and Kashmir post Abrogation period. This Research will also determine whether the restrictions which are being imposed on media organizations in J&K are constitutionally valid or not. It also aims to analyze the status of regional press. The researcher conducts intensive interviews with Government officials, judicial experts and conduct survey among the journalists and Media managers to analyze various narratives on ground reality that is relevant to the study.

“Two armies that fight each other is like one large army that commits suicide.” - Henri Barbusse War is one of those human conducts which have existed ever since the human race started to exist. Humanitarian law is always referred to as the norms of war. A detailed discussion about the genuineness of it will be further discussed in the paper. War is a very general term in its sense. The more legal word for it is armed conflict and the law that governs it is called the law of armed conflict or international humanitarian law. The two branches in regard to humanitarian law are the Hague law and the Geneva Law, when distinguished broadly. Other than these two branches, a various number of treaties are also considered to be part of international humanitarian law but we won’t discuss those in this paper. In an armed conflict, human rights are indeed violated. But it abides by the permissible limit. Since in armed conflict it is necessary to inflict harm on the enemy personnel, this is the reason why the principle of humanity comes into the scenario. This paper shows the traces of humanitarian law in history starting from being not codified to the journey of becoming codified. In the further portions of the paper, the researcher will discuss principles and parts of the Hague and the Geneva laws which deals with the balance between the two key principles of international humanitarian law. Although warfare has three basic lines, land, sea and air, but here, it is only the warfare conducts related to air and sea have been elaborated since the Geneva Conventions do not deal with the aerial warfare conducts.

The discussions related to LGBTQ communities have been either for providing them all the rights as other common citizens or ensuring their gender identity. These have been prevalent since a long period of time. Different movements took place world-wide and as a result many countries understood their needs and grievances and thus formed a set of provisions which provide them with the basic rights and ensure other equal opportunities. In India, the courts of law had a bigger role in providing rights to the people of the LGBTQ community. The de-criminalization of Section 377 of IPC was one such initiative which allowed consensual same-sex relationship between any two adults. Prior to this, the Supreme Court of India also declared the Transgender community as the third gender and recognized their gender identity. Despite all these positive aspects, we are lagging behind in providing the community with equal rights, in comparison to other common people, especially when it comes to the provisions related to marriage and adoption. This paper aims to give an insight into some aspects related to LGBTQ rights in Indian context. Starting with elaborating on the background of the issue which covers important historical part, the paper deals with landmark precedents, highlights marriage and adoption rights of the community, takes references of world-wide provisions, contemporary challenges and finally concludes with providing solutions to the problems in discussion.

This paper traces the thought and career of Dadabhai Naoroji, arguably the most significant Indian nationalist leader in the pre-Gandhian era. Naoroji (1825-1917) gave the Indian National Congress a concrete political goal in 1906 when he declared its objective to be self-government or swaraj. I identify three distinct phases in the development of his political thought. In the first phase of his career, lasting from the mid1860s until the mid-1880s, Naoroji posited the “drain of wealth” theory, which argued that British colonialism was dramatically impoverishing India by siphoning off its resources. Naoroji embedded a political corollary into his economic ideas, arguing that empowering Indians through political reform was the only way to stop the drain. As early as 1884, Naoroji declared that the ultimate objective of such reform was Indian self-government. Naoroji contended that the best chance for achieving political reform lay through influencing the British Parliament. In the second stage of his career, beginning in 1886, Naoroji took up this task by contesting a parliamentary seat. He constructed a broad alliance among various progressive British leader’s Irish home rulers, socialists, and women’s rights activists and relied upon them and Indian allies to win election to the House of Commons in 1892. In Parliament, Naoroji pushed for the implementation of simultaneous civil service examinations, which he envisaged as the first step toward Indian self-government. Naoroji’s time in the Commons, however, was brief and disappointing, and in the third and final phase of his career, beginning in 1895, he radicalized considerably. He propounded his views on Indian poverty with renewed force while strengthening his ties with socialists and anti-imperialists in Britain and abroad. Concluding that imperialism was inherently economically exploitative, Naoroji declared that only swaraj could stop the drain of wealth.

This study examines the impact of e-learning in primary schools using a doctrinal method of study. The paper highlights that most students agree that e-learning helps them to have access to unlimited sources of information; better synthesis between subjects; promotes critical analysis; and encourages innovative techniques of learning. However, it also attempts to highlight a critical look towards the new technologically enriched pedagogy for the primary school learners which is heavily impacted by the ongoing pandemic, and a viable solution for the same through the adoption of an emergency curriculum. The ideas expressed in this paper gain their structure and momentum from the concept of ‘condensed curriculum’ advocated by AEWG. The main thesis is that sudden imposition of the E-learning techniques is bundled with numerous problems for the primary class learners than its positive implications.

The constitution provides a dual system with Union at its centre and state governments on outside. Every entity is gifted with sovereign authority to act in sphere that the constitution has allotted to it. In this paper, we will see how the cooperative federalism is actually impacting our nation and its working. We will also focus the critical evaluation of federalism in this prospective and comparison with the American Federalism.

This research paper focuses on drawing a constructive comparison between contempt of court and freedom of speech and expression. The courts being the institution to interpret the law, has to interpret that what amounts to its own contempt and also that is the freedom of speech and what is its extent and under what circumstances it can be curbed. So, the dilemma between the contempt of court law and freedom of speech and expression, and under various circumstances courts have opted for different explanations interpreting that what should and should not amount to contempt. This research paper explains the extent of right to freedom of free speech while comparing it with the contempt law, further, what is the history of contempt law and what are the various provisions of the Contempt of Courts Act, 1971. Also, this research paper contains a detailed study of the “one rupee contempt case”, i.e., the contempt case of 2020 related to Adv. Prashant Bhushan. This case was a perfect example to showcase the drawbacks and ambiguity in the contempt law in India. In a shocking turn of events, when the public has to sadly sit in their homes, diplomatic statements came out in this case and at the end, Bhushan had to pay the consequences for the offence for which he was held guilty and he had to pay the fine, a wholesome amount of Re. 1. In present times, it is very important to know the extent of one’s right and when can it be curbed and to what extent. Therefore, in India, what is the law of contempt, prevention of scandalization of court or a scandal to curb free speech?

"Chaaupadi", a traditional practice centric to the orthodox societies in Nepal, is a custom to expel menstruating women from the house, asking them to live in a small hut called as “goth” which is shed-like, outside the main house area, because women are deemed to be impure during this time period. Women are treated equivalent to untouchables no matter the pain and suffering they go through, even young girls. Through this research paper my purpose firstly is to look at how this tradition came into practice in the Nepalese society, secondly how immobile people are towards certain aspects especially when it comes to traditions and talk about how law is not law until people consider it as law. I would also like to go through the situation of India in terms of looking towards the women during their menstrual cycle and lastly I will end on the fact that how femininity has been perceived as a pollution in the rural and even Nepalese urban societies .Hence the entire project mainly focuses on how law is a victim or a subject of time. The reason behind me choosing this topic has a little story that is I had been hearing about this since a very long time and used to think that it is not the actual scenario and even believed that there is a law regarding this so people won’t follow it and then when I met a friend in my high school who was from Humla which is located in the mid-western region of Nepal. So one day I was having a conversation regarding hometown and I asked her about this tradition in which she replied I don’t want to talk about it. Then later after some days she shared me the situation and I even got the chance to visit her hometown and could see those traditions happening right in front of my eyes and could do nothing. So I wanted to study this deeply and know more about it and also be able to analyze what can be done to make it better.

Though the term "disability" implies a lack or deficiency in some people, whether physical, mental, or sensory, but they have the right to life, liberty, equality, security, and dignity by virtue of being human, but people with disabilities are frequently ostracised and discriminated against due to social indifference and psychological barriers, As a result, the rights and laws of disabled people must be comprehended and analysed from different perspectives, including human rights and multiple other laws in India, in order to eventually fill the gaps or bridge the gap between the able - bodied and differently abled people in their accomplishment of identity and integrity in the real sense of the terms. The disabled have inherent rights to respect for their human dignity, and regardless of the origin, nature, or severity of their disabilities, the current laws ensure their participation, but they are ineffective; the laws are foundation stones that are now fortified and unbalanced, and as a result, disabled people cannot fully realise their rights; modifying and establishing appropriate legislation that will protect their interest and empower their capabilities. It is only a shift in society's vision and creating a friendly environment can give a solution to this problem, This paper focuses on the numerous legal provisions and regulations available in our nation and conducts an extensive study into how these laws have contributed to the evolution of the legal status of disabled people in India.

The status of women all over the world generally has been inferior to Men and in this respect India is not an exception. After Independence, the movement to improve the Position of women gained momentum and several International Conventions Played a significant role for its amelioration. The Hindu Women’s Right to Property Act, 1937 Conferred rights of succession to the Hindu widow for the first time as Limited interest in the form of ‘Hindu Woman’s Estate’. Under the old Hindu Law only the ‘Stridhan’ was the widow’s absolute property and she had Exclusive and unlimited rights of ownership, possession and alienation in Respect of it. The Hindu Succession Act, 1956 was the first post-independence enactment for conferring property rights on Hindu women. Section 6 of the Act deals with the devolution of interest of a coparcener dying intestate. The Act converted woman’s Limited Estate into absolute ownership. The Hindu Succession (Amendment) Act, 2005 has introduced important changes in Section 6 and by virtue of this amendment daughter of a coparcener has become a coparcener like son, with all consequential Effects and rule of survivorship has been abolished.

The prima facie debate between feminism and multiculturalism breeds on potraying cultural victimization of minority women. This digressive conclusion works on a premise of subjugation that is culture-centered. The cradle for affixation of this post colonial theory lies in legacy of colonialism, which sees thrid world cutures as more subjugation prone as compared to Western cultures, in the vocalization of liberalism, in the ubiquitous depictions of feminism, and in the overall certain-culture specific construed inception of minority group subordination. Positing and overemphasis on the multiculturalism- feminism dichotomy blurs the real questions of women’s role in a patriarchial society and the forces deployed in moulding the cultural practices. It also over sensitizes the practise of this minority subjugation as a practise of the third world, thereby watering down ambit of violence in the West. Thus, addressing these questions needs a cavernous discourse which traverses beyond this apparent dichotomy mentioned above. Thus, sexism is as much prevalent in the Western communities as in the minority cultures and the false paradigm of victimization further intensifies the irony that the victimization does not lie in culture rather it lies in the non- acceptance as equals within their own culture and this holds for not only the women in the minority coomunities and third World nations, but also for women from the so called progressive societies..

Inventorship and control of inventions are important legal concepts in patent law and practise, but they are still misunderstood by many, resulting in conflicts between parties and, in some cases, legal disputes. We'll look at some simple but relevant questions regarding inventorship and ownership in this article, with the aim of helping inventors and patent owners better understand the value of anticipating their rights and obligations. Moral and economic rights are included in patent rights relating to inventions. Only the legitimate owner of the invention may apply for a patent. Unless it has been assigned to another entity under a contract or by applicable statute, the author is the legal owner of the invention. The legal rights to the invention belong to the inventor, which include the right to have his or her name associated with it. This grants the inventor the right to be referred to as the invention's "inventor" and to have his or her name listed on the patent certificate, regardless of whether the invention is owned by the inventor or not.

The paper seeks to accentuate the case of Lokmanya Bal Gangadhar Tilak’s trial and the functioning of the colonial legal order. This paper would try to bring out some grave complexities of the colonial legal order in the context of Bal Gangadhar Tilak’s trial proceedings and how the court trial discourse perplexed the meaning of the imperial law and justice which was then ascribed to be universal. This study of jurisprudence would highlight the marked indifferences in the legal operation between the metropole and the colony. The major argument of this paper is that it was not Tilak who was found guilty or not guilty but through Tilak, the colonial legal regime was tried and checked to be guilty or not. The trial proceedings of Tilak ostensibly establish that it was not Tilak who was defending himself rather the colonial legal regime which was questioned and was found to be guilty of its glaring prejudices. The trial then became an event where the colonial law and its impartial “universal” judiciary was challenged, and the prejudiced visage of the colonial justice was observed with its final verdict.

Corporate restructuring has become one of the significant factors which play a very important role for a company to keep pace with the changing environment. A strategy of corporate restructuring involves around Mergers, Demergers, Reverse Merger,Disinvestment, Take Overs, Acquisitions, Strategic Alliance etc and while doing this, a company must comply with the complainces under several statutes like The Companies Act, Companies Court Rules, Income Tax Act, Listing Agreement, The Indian Stamp Act, The Competition Act etc and moreover it also requires approvals from various authorities like NCLT, SEBI, Ministry of Corporate Affairs. In this article, the author has tried to explain the concept of corporate restructuring in detail and how it is carried followed by the issues in the process. The author has also relied on some case study of Corporate Restructuring of big Companies like Nokia-Microsoft, Reliance Demerger ad Canon India Restructuring so that the understanding of the subject can be made for the readers.

Intolerant Britain? Hate, Citizenship and Difference is a book written by Derek McGhee. It takes the readers through the varied of existing social complications that exist in the British society. It is studies the persisting racism, institutional racism, Islamophobia, Homophobia, asylophobia and community segregation through an array of case studies. The book further examines the various strategic, legislative and political advances that took place so as to confront the social injustices. Throughout the pages of the book, McGhee elaborates upon the necessity to recognize that all of these stratagems are a part of the Government’s wider intention which is to revitalize and bring novel meaning to British citizenship.

This particular paper discusses one of the biggest challenges for the country that the COVID-19 pandemic has brought with it. Our country’s prime minister announced a nationwide lockdown in March 2020, the schools and colleges were shut, and everything went online. Consequently, the digital divide in the country got out and reflected clearly. As the deepened digital divide impacted the school and higher education severely, the future of education in India looks very grim. This paper gives an overview of the present status of the digital divide between rural and urban India, its causes and the impact on Indian Education. Some steps taken by the Government have been highlighted and finally, some suggestions and recommendations have been presented to minimize such gaps and prevent their negative impact on our education system.

Child Labour is a menace that has plagued the Indian society for long. According to the report of International Labour Organisation (ILO), around the 12.9 million children in India are engaged in labour and are employed in hazardous industries. Inspite of having numerous legislations and constitutional provisions ridiculing and prohibiting child labour, there seems to exist a continued practice of employing young children to work in areas which have proved to be detrimental to their mental, physical and emotional well being. Discrepancy in the estimation of children who are part of the workforce, concealment of facts by parents, improper implementation of the legislative enactments, etc have aggravated the issue further. The research aims at addressing this element of concern, sorting out the scope of the legislations prohibiting child labour in India, pointing out the probable causes behind this growing peril, analysing the consequences it had on the children and also exploring the measures that could be taken in order to keep child labour in check.

The civil nuclear liability regime of India is governed by Civil Liability for Nuclear Damage Act (CLNDA), 2010. From its very inception the nuclear liability act of India is a centre for many controversies. The cases challenging the constitutional validity of this Act are yet to be decided by the Hon’ble Supreme Court. Concerns are raised against the Act. Despite all those issues India’s Nuclear Liability Act for the first time introduced the channelling of liability to the suppliers. Those provisions questioned India’s adherence to international nuclear liability conventions. Against this background, this paper briefly evaluates the concept of nuclear civil liability under CLNDA. Along with that an attempt has also been made to explain the constitutional validity of the Act and also its conformation with the international nuclear liability principles.

Data protection laws can be traced back to 1970, The importance of data security and the need to regulate privacy will grow as the global economy evolves increasingly toward a linked information landscape. Understanding diverse ways to developing more compatible legal frameworks at the national, regional, and global levels, as well as various paths for doing so, is critical international trade facilitation and internet commerce facilitation. New technological developments have resulted in adding urgency to this need. Cloud computing has quickly risen to prominence, disturbing traditional models in various areas of law, business, and society. , GDPR replaced the EU’s previous data law adopted in 1995 even before Google was even registered as a domain name. This Article aims in analysing the EU GDPR provisions. Where GDPR needs businesses to be more accountable to the data subjects or the individuals whose data they collect and imposes much tougher punishments for those who fail to comply with. GDPR will also be an important contribution to the development of global data standards. This article further emphasises on the data processing, the rights of the data subjects, the safe harbor rule, and the data protection impact assessment.

In many cases, an individual is held accountable for the act, which he could not have committed, or, further, to prevent any damage incurred by his act, he made all practicable attempts, but was still held responsible. This is the case where the individual is responsible even though there is no negligence; these are laws in accordance with strict liability. This provision is recognised by the statute on the basis of the 'no-fault liability' guidelines. These principles derive from case laws. In the case of Rylands vs. Fletcher , this provision was laid down and thus this rule is often referred to as “Rule in Rylands vs. Fletcher”, but the rule of absolute liability was laid down for a number of exceptions given for in this rule. In the case of M.C. Mehta vs. Union of India , the Supreme Court of India found that the offence should not be defended, but the defendant is responsible for the act. As part of law of torts, strict liability and absolute liability shall be defined. These two have the similar significance with some differences. Strict liability determines that one must be responsible for the damages incurred by the use of hazardous objects, the escape, and the un-natural use of the soil, with some exceptions. Absolute responsibility is without question a broader sense of this responsibility. It states that even if he has taken charge of his land, an individual is liable to pay for injury. As specified in the case of strict liability, he cannot take any defences.

After the much famous Solomon’s case, the concept of corporate veil expanded throughout the length and breadth of different legal systems of the world. The Indian legal system, which has adapted much from the colonial masters and their laws, has significantly incorporated this concept and given way to further elucidation of this concept in the courts. The doctrine of corporate veil is inherently a mystical concept, whose application cannot be successfully contained within statutory boundaries. This has resulted in judicially established factors, where the corporate veil is applicable. The judicially established factors are an inclusive list of some of the fundamental factors, which, according to the courts, mandate piercing through the famed, impenetrable shell of a company and bringing to book those human beneficiaries, who abuse this protection to accrue shady benefits without much accountability. There is a caveat that much of these factors are the results of courts’ discretion, which, if not sufficiently guided, may cause unnecessary application of this concept.

The Criminal Procedure Code, 1973 gives the administrative structure to regulating Plea dealing in India. The Indian Criminal Justice framework has been troubled by tremendous pendency of criminal cases and the rising populace of under preliminaries in Indian prisons. The lethargic, awkward and costly preliminary method normally prompts an over the top deferral in discarding the criminal cases. To confront the previously mentioned difficulties the criminal system code was changed in 2005 to inculcate Plea-Bargaining as an effective Alternative Dispute Resolution methods in India. This research paper will aim to explain the evolution and legislative framework of Plea Bargaining in India and the way it is being administered in the criminal courts. The paper will also discuss the merits and drawbacks of this mechanism meant to dispose of a criminal case without a trial. This paper will also aim to analyze the current status and future of plea bargaining with some recommendations.

The creation of a globalized world, where there is an increased interdependence, has made it incumbent on nations to be accountable for their actions so as to maintain their power dynamics in global politics. Amidst such power politics at a global level, nations often try to suppress their internal conflicts by unconstitutional and unfair means. The conflicts within these nations therefore, don’t seem to reach an international arena and even if they manage to get discussed in transnational institutions like United Nations the symbiotic nature of globalization helps the country to brush them under the carpet with the help of its economic or political allies. Further, the control of the state over the factors that have led to globalization (e.g. media) seems starkly contrasting to the very idea of globalization where information is said to perforate freely and accurately. This hegemony of state over different sources of information has clearly favored the state and thus, failed to provide a true image of the on- going conflicts to the world. One of the greatest questions then remains whether the globe has truly shrunk or is there a further increase in disparity within the nations though not overtly visible. The immediate consequence of globalization is the international organizations with the same draft of solutions for every conflict in any region of the world. This ends up drawing extremism in certain sections of the population as a reaction to the impractical implementations. The homogeneity of these policies results in worldwide violence which ironically is left to these organizations to resolve. Given the restricted portrayal of conflict by the state in international sphere, one can thus argue that the resolving of conflicts inside the territorial boundaries of the nation remains secondary to its sovereignty and the growing violence around the globe is somewhat a result of the globalization.

Today, in this era of rapidly changing technology, everything from monetary transactions to private data has been and is yet getting digitally transformed. If one has to send his credentials, one tap and the person on the other end will receive it. The same goes for several other day to day activities. However, it is the ever-increasing want of the bureaucrats of various nations who are trying to hamper the growth of this digitalized mechanism. Be it is for the purpose of national security or for its own selfish and shallow reasons, the governments are leaving no stone unturned to gather the information of its citizens. Recent trends make the desperate attempts of government to seek as much personal data of its people as possible clearly visible. Linking of the Aadhar cards, latest proposed amendment to acts are all illustrations of such hustle. In the paper, the authors seek to put forth an analysis of the different models of three countries, namely The United States of America, The Republic of China and the Europe, as to how they gather information of their citizens and put forward their national policies. Then, the current situation of India has also been studied and critiqued minutely on the basis of the recommendations of Justice Verma Committee along with the study of the proposed amendment regarding the Bills Act. Later, a different view has been put forward by authors by studying the different side of the issue of data gathering as how much the nation’s data is secured with the Government of India and as if the Government is ready to securely keep and protect the humongous amount of digital data from any sort of cyber-attacks.

The industrial pollution, degradation of forests, depletion of ozone layer, green house gases results in global warming and climate changes contribute to have an adverse effect on environment and human lives as well. The Government of India is striving to protect the environment through the constitutional provisions and few legislators. Initially, the Constitution of India had no direct provision for environmental protection. Global Consciousness, Stockholm Conference and increasing awareness of the environmental crisis forced the Indian Government to enact 42nd Amendment to the Constitution in 1976 and added Article 48-A to the Directive Principles of State Policy. According to CSIR-Institute of Minerals and Materials Technology, the Andaman and Nicobar Islands are under threat from plastic. The plastic litter found on the beaches of the island is mostly of non-Indian origin that was likely to be transported by the water currents from South-East Asian countries through the Malacca Straits towards the Great Nicobar Island. In order to conserve the rich biodiversity, around 70 percent of forest area is fully protected under Tribal Reserve and protected area network. Further pollution affects the islands to a greater extent. Stricter laws and effective implementation of laws in the Andaman and Nicobar islands is the need of the hour to safeguard the environment of the islands.

Human trafficking is a trade carried upon human beings which violates their human rights. The offenders traffic human beings, exploit them in various forms for financial earnings. The victims of human trafficking face many consequences as they suffer from mental trauma and a long period of exploitation even after they come out from such status. This paper deals with human trafficking in India and analyzes the causes and types of human trafficking. This paper is an attempt to analyze the trends and dimensions of trafficking from a human rights paradigm. There is a United Nations Convention on Transnational Organized crime (UN Toc) to intercept transnational human trafficking. Also, this paper describes the laws and acts that are executed by the government of India to shield the general population from these groups of crimes. In the end, this paper sheds some light on the role of NGOs, civil society, and the family and suggests some administrative and legislative measures for preventing human trafficking. As India at a fast pace becoming a source, transit point as well as a destination for traffickers, this research paper will have immense implications for future course.

According to statistics, it has been observed that during menstrual periods, the number of absentees increase in schools and girls are unable to manage their performance as well. In the case of workplace we find similar circumstances wherein there is an imbalance in the quality of work by women. Poor access to menstrual hygiene and resources are still very important issues at hand which calls for equality of status in workplace. Adverse conditions and extreme activity situations also play a very detrimental role for women in workplace. Striking feature is that still in India issues related to menstruation are a taboo which further worsens the situation. The society as it stands today is surely not well balanced and there are a lot of gender gaps. One of the most important issue which covers a lot of people is whether a policy of menstrual benefits for women would strike the balance in society. Assuming the worse situation where gender gap widens to the extreme situation, it is an imminent issue for India to rediscover the untouched, analyse the divergences that are a result of it and correct the inequalities through a plan of action for a better future ahead.

In the name of religion, caste, sex, India has been fragmented over centuries. Having diverse religions, India has different sets of laws governing different people regarding marriage, divorce and succession depending on religious affiliations. Thus, laws on marriage, divorce and succession pertaining to a Muslim person is completely different from those governing the Hindu or Christian communities. While the Hindu and the Christian communities have their own set of family laws codified by the parliament, the Muslim community still follow the Shariat. All other laws governing the Indian people example, The Indian Penal Code, The Criminal Procedure code and various other special statutes give equal rights and protection to all citizens irrespective of their religion. However, when it comes to managing religious affairs, the law is different for different communities. The Uniform Civil Code bridges these differences and brings everyone to an equal platform. It propagates a single code for regulating marriage, divorce and succession for all irrespective of religion and personal laws, ensuring equality in the long run. While the personal laws of various communities have been reformed, the Muslim law remains unchanged. This divergence creates the space for a single uniform code for all. It has also been the most controversial code in recent history. UCC finds support amongst liberals and women groups as it aspires to promote gender equality. The opponents are vociferous about the code interfering with religious practices and compromising minorities’ freedom. The question arises, is how abiding the law of the land goes against anyone’s religious principles or minority sentiments. Having a Uniform Civil Code does not impose the practice of rituals of one religion on another it just reiterates the requirement for a single code equal for all, for managing social ethics. This paper seeks to delve into the relevance of this code, examining its advantages and disadvantages from a legal and social perspective while striving to uphold the goals set in Art. 44 of the constitution. More so in light of the controversial Shah Bano case and Triple Talaq judgement 2018 that have surfaced in the wake of the Uniform Civil Code.

With the Emergence of technology, the unfolded events of cyber offences also came into day light. Out of all, one aspect known as Cyber bullying, which is an intentional aggressive act or behaviour by an individual or a group of people done repeatedly over the electronic form of contact. It is not interpretated in any law, nor there is any specific/special statutory law that deals with the Cyber bullying. The manner of using of technology is going beyond the authorised manner/control and permissible limits, which certainly leads to the creation of Cyber Crimes. There are many Cyber offences which still cannot be predicted and perused due to the advancement of technology and artificial intelligence growing over the time. In the case of Shreya Singhal v. Union of India , the Hon’ble Justice of Supreme Court R.F. Nariman struck down the section 66 A of the Information Technology Act, 2000 which dealt with the punishment for sending offensive messages through a computer resource or communication device and The Supreme Court further held that, it does not come under the ambit of reasonable restrictions of Article 19(1)(a) of the Constitution of India. The Supreme Court further said that this Section was vague and ambiguous and sections 66B and 67C of the Information Technology Act,2000 along with various provisions of Indian Penal Code,1860 were good enough to deal with such crimes. Bullying can happen online as well as offline such as when fellow students resort to bullying in schools and torture innocent soul of students. When the bullying happens online with the help of technology it is cyberbullying. However, there is a need for specific/special legislation as it would bring clarity on many uncurtail provision of bullying, it would strengthen the judicial process as well, to a better working environment. In general, the term “bullying” refers to a, ‘form of harassment where superior strength or influence is used to intimidate or force someone to do something which he/she would not want to do otherwise in the common way.

We live in a digital world and it has given us the key to knowledge. Now we all know where CORONA originated, China. The COVID-19 pandemic is considered as the most crucial global health calamity of the century and the greatest challenge that the humankind faced since the 2nd World War. Coronaviruses is a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV). However, learning has not stopped but is now fully taking place online as schools and universities provide remote schooling. Same decision occupied by India in all states of including Himachal Pradesh. With this paper attempts to gain a better understanding of how impact of COVID-19 on rural areas of Hamirpur District of Himachal Pradesh. In this paper we found and estimates for a few selected villages of Himachal Pradesh consistently indicate that, on average, students will suffer a learning loss.

The world has been suffering the biological pandemic due to deadly lifeless virus popularly known as coronavirus. On 11 March 2020, the WHO declared COVID-19 a pandemic. Almost all Nations undergone national lockdowns. The Countries started exploring various mechanisms to prevent, control and cure this disease including restricting some human and fundamental rights of their citizens such as right to move, right to education, and right to work. However, the restrictions were claimed to provide right to health and life. India also claimed to have made such attempts, however, lack of supply of health essentials apparently due to lack of infrastructure and lawlessness approach of Centre and States governments towards hoarding and profiteering, says otherwise. Whether the deaths caused are the consequence of COVID only? Are the governments not responsible for their attitudes and inactions? Human rights have been violated in the name of restrictions for controlling the disease and providing the people, right to life and health. The Apex Court has been instrumental in involving the concept of compensatory jurisprudence in the case of constitutional torts. This paper explores whether in the current scenario, the Centre and States governments can be held liable under constitutional tort. It further explores whether the non-payments of explicitly stated ex-gratia compensation and other statuary reliefs to the affected citizens is not violation of their right to life and livelihood. If yes, then, the violators should not be booked under constitutional tort besides other criminal and civil liabilities?

Corporate Social Responsibility (CSR) is a growing global phenomenon amongst almost every corporate organisation whose primary aim is of profit. With this growing trend, there arises a need to keenly observe the underlying motives of an organisation which drives their business activities. This paper aims to contextualise the perspective that CSR activities go hand in hand with the overall business ethics of a company. For this purpose, the concept of CSR has been analysed from the stakeholder theory point of view and how it fits our overall framework of ethics.

This paper analyzes the issue of Corporate frauds from the viewpoint of White Color Crimes. The examination looks to assess the different causes that are in charge of Corporate Frauds. White Collar Crimes are committed by various Individuals in greed of self-enrichment. But when this crime is conducted collectively by group of people or association in any business, then such crime becomes Corporate Crime. The loss being suffered from other Conventional Crimes such as theft, trespass, burglary, arson, etc. is far less than the loss being suffered from White Collar Crimes. This study deals with the cases of corporate fraud in India and its types. Corporate frauds can have a devastating effect on the business firms in which a fraud has occurred. This paper analyzes the impact on the local, State and National economic conditions based on the size of the business affected by the corporate fraud. The objective of this article is to highlight archetypal challenges in Corporate Fraud and to culminate corporate fraud with the implementation of efficient regulatory and legal systems.

The term ‘Naxal’ or ‘Naxalite’ is derived from the name Naxalbari, a remote village in the district of Darjeeling in West Bengal, from where the movement had been originated. Naxalism is an informal name given to radical, often violent, Sino-Soviet in Indian Communist Movement. At first it was started with a rebel by a group of people against the local land-lords when a farmer was bashed by the local zamindar over land dispute. “Rightful redistribution of land to the working peasants”, was the aim and objective of the rebellion. The Naxals are considered far-left communist, supportive of maoist political sentiments and ideology. According to the doctrine of Naxalism the movement is not partially a rural, agrarian problem but it is a problem of the leading edge of the Urban intellegentia. Naxalism is now one of the biggest security problems faced by India. In short, in this study we attempt to find out the causes and the way of solutions for Naxalite Movement in India.

Being one of the largest affirmative action taken for the under privileged and depressed classes, reservations in India have always occupied a centre stage in the political arena of Indian society. The paper analyzes the legal framework pertaining to reservation scheme and various efforts taken by the government of India to use the reservation policy to enhance and uplift the depressed section of Society. After the adoption of the policy of reservation in the constitution of India, many arguments have been raised time and again about its implementation and appropriateness. There are both negative as well as positive impacts of this reservation scheme. Positive aspect of the policy resulted out in the social, economical and educational uplifting of the under privileged section of society on the other hand negative aspect throws light on the decline in meritocracy and efficiency of administrative system of the country. So the paper covers the various issues pertaining to the reservation policy and its impact on contemporary Indian society.

Liberty is one of the most precious and cherished possessions of a human being and this would resist forcefully any attempt to diminish it. Similarly, rehabilitation and social reconstruction of life convict, as objective of punishment become paramount importance in a welfare state. All men are born Equal and they are endowed by their creator with similar basic rights. These rights are mainly rights of life and liberty which has been recognised by various Constitutions of world, but if there are some persons who don’t comply with ethics and standards of society then that person is deprived of these rights with proper punishment. If there is a Society without crime is a Utopian theory. The State has to achieve the goal of protecting the society from convict and also to rehabilitate the offender. There is a very real risk of revenge attack upon the convict from others. Punishment enables the convict to expiate his crime and assist his rehabilitation. This research Paper aims at understanding the judicial reforms and judicial creativity in understanding the Prisoners right with the help of various constitutional provisions and providing suggestions for the development of prison system in India.

In this digital era, man invented and developed so many things by using his intellectuals. The growth of technology and scientific innovation led to the development of the countries, initially which were significantly less developed. Intellectual property rights play an essential role in the protection of these technological and scientific developments. Intellectual property rights protect the hard work of the individuals who worked day and night to develop that particular device or product. There are chances of infringement of your ideas, innovations, research, and developments, etc. So you must have IP rights for your creation; with the help of the IP rights, you can sue the other parties who used your ideas, your business information, your innovations for illegal growth without your permission. By this facet, there are many question marks regarding IP rights in technological and scientific developments. This paper has varied aims that have been discussed separately under several heads: firstly, to discuss intellectual property rights and their different kinds? Secondly, to discuss the evolution of Intellectual property rights. Thirdly, how it helped for human and Economic growth? Fourthly, to examine how does Patent pooling helps to generate the Economy? Fifthly, it ends with some suggestive measures, and lastly, it ends with the conclusion.

The Constitution of India confers to all the members and committees of the Houses of Parliament with powers, privileges and immunities under Article 105 which provides the right to freedom of speech along with discharging them from other liabilities as mentioned thereof. These are also subjected to the Speaker or Chairman being empowered to punish for its contempt arising from the breach of such privilege. However, since these powers are not codified and may be enacted as defined by the Parliament from time to time, many issues in relation to ambiguities as to what amounts to contempt arises along with whether the Speaker or Chairman exercises arbitrary powers thereby violating the fundamental rights conferred under Part III of the Constitution of India. In this paper, firstly the author will distinguish the major differences that exist between the Indian and British Constitution owing to the non-codification of privileges. Secondly, the role played by the judiciary in dealing with matters arising out of contempt in the Parliament with a special reference to certain landmark judgements that were passed by the Supreme Court in MSM Sharma v Sri Krishna Sinha and Gunnapati Keshavram Reddy v Nafisul Hasan and State of UP while analysing the extent to which such a punishment may be exercised for contempt without violation of the fundamental rights mentioned under Article 19(a) and Article 21 in particular. Thirdly, the author will also observe the changes required in the system in order to dissuade the lack of lucidity that exists in the scope of the power to punish for contempt by providing clarity on the extent of powers of the Legislature and Judiciary.

The idea of ‘sustainable development’ emerges from both industrial development and environmental movement going on around 70s and 80s; the idea was that there should be balance between development and environmental protection. For the first time ‘Doctrine of Sustainable development’ was introduced in year 1972 at the Stockholm convention held in Sweden, it gives us ‘Stockholm deceleration’ (26 principles). Thereafter in 1981 ‘Brundtland commission’ report was submitted where an effort was made to link economic development and environmental protection, based on this report issue was further discussed under agenda 21 of UN conference on environment and development held in June 1992 at Rio de Jenerio, Brazil. Some of the main principles of ‘Doctrine of Sustainable Development’ as described in ‘Brundtland Commission; are:-(a) Inter generation equality; (b) The precautionary Principle; (c) Polluter Pays Principle. In India first case in which the apex court had applied the doctrine of ‘sustainable development’ was Vellore citizen welfare forum V. Union of India in this case Hon’ble Supreme Court held that- we are not hesitant to use these principles and the precautionary Principle and Polluter Pays Principle are integral part of Environmental Law in India. Environment and development are the two side of the same coin, any one of these cannot be sacrificed for the healthy society. This paper deals with the same issue i.e. Growth versus sustainable development and how these two can be balanced, this paper also deals with the laws related to it with national and international perspective.

World Health Organisation defines ‘Disability’ as an umbrella term, covering impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. With the aim of making sure that the disabled community also contribute to the progress of the nation, The persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 was framed. his Act was a result of the Proclamation on the full participation and equality of the People with disabilities in the Asian and Pacific Region. The 1995 Act provides equal status for the disabled persons. India having signed UNCRPD in 2007 there was an emerging need for an Act in compliance with the convention. The draft bill was made ready in 2011 but it took 5 more years and finally RPWD Act, 2016 came into effect on 30-12-2016. The aim and objective of the 2016 Act, made inconsonance with the UNCRPD Convention, is to uphold the dignity of every Person with Disability in the society and prevent any form of discrimination. The Act also facilitates full acceptance of people with disability and ensures full participation and inclusion of such persons in the society. The actual and real challenge lies in implementation. Implementation takes a big deal in most of the welfare measures initiated by the Government. It is indeed difficult to put principles from book to practice. Here not only the appropriate Government but also there is a need to partner with other agencies, voluntary organisations, NGOs and other agencies who help in actual implementation of the initiatives and schemes. Achieving the objective of 2016 Act is a long road but definitely towards success. The Rights of Persons with Disabilities Act, 2016 is a rights-based legislation, the success of the statute will largely depend on the proactive measures taken by the respective state governments on its implementation. Keywords: Persons with Disability, Implementation

The multilingual culture of India has affected every aspect of life and had also been an important means for serving the nationalist movement of India, against the British. Although, some may consider the role of language to be minimal, language did prove to be an effective tool against the British during the nationalist movement. The rise of vernacular languages is an important marker in the aid of mass movements. For some leaders, it was the revisiting of historical glory, for some, the radicalization of independence struggle, and for some a matter of identity. Least of all, it definitely was a powerful political tool to fight for the independence of India. We now live in an India that recognizes regional linguistic affinities, that has states demarcated on linguistic lines and that which does not have a single national language. However, the journey till here was not a smooth one. The 1950s and the 60s saw many language debates and controversies and different perspectives. In a period where linguistic identity and conflicts have emerged as an acute problem plaguing the unity of the country, it becomes vital to look into the development of linguistic nationalism as well as linguistic conflicts of India. It is imperative to study whether the linguistic diversity of the country that had once furthered the cause of nationalist ideas, has now become a threat to the unity of nation. The paper endeavours to do the same.

We all know that in this leading world we all, are going towards the direction of development. We only focusing on the development of our society, but we also need to remind that our society also consist of our environment. In the development of our society the environment plays an important role as it’s like we are incomplete without the environment. But the people are totally unaware about the drastic conditions which our environment is facing We need to be focus on the awareness to save the environment The environment is something which consist of the surrounding or region that should not get disturbed by the activities of the humans or the activities of humans does not affect the nature and environment. Many steps are taken by the people to protect the environment but those are not sufficient. Some steps are also taken by the law of our country but people are still unaware about it and take them very lightly. The law needs to be strict with this issue. The effective and efficient measures should be taken by law as well as public for the proper execution of constitutional mandates and the legislation of environmental law. The steps are taken to reduce the degradation of environment like Pollution board control. National Green Tribunal, Water service Authorities etc., came up to keep check on environment. The main purpose is that there should be sustainability with nature and the balance between nature and man should always be there.

This research paper aims to study the concept of employee welfare so as to understand the meaning of employee welfare and is it really worth implementation. The findings of this research paper shows that anything done by an organization for their employee’s benefits comprises of employee welfare and it carries so significance that not only they are mandatory to be implemented due to law of land but are also voluntarily being implemented. It also shows a proper strategy to implement a good welfare scheme within the organization. The findings of this research paper can be used for increasing awareness as well as for educational purposes.

The process of downsizing is one of the primary choice or we can say strategy implement by many organization. The main stimulus for most downsizing actions is desire to achieve greater levels of efficiency, effectiveness, profitability and competitiveness. The method of downsizing has a significant impact on the organization. In fact, many organizations around the world are having good as well as bad impact of downsizing but one cannot ignore the methods if he wants to survive in the world. Corporate downsizing continues to be a major strategy used by organizations to cope with a dynamic and turbulent global marketplace. The major outcome made out of this strategy is that this strategy improves financial health of the company by implementing accurate amount of efficient employees in the organization.

Population control is a goal which numerous advanced societies concentrate on but not many have implemented solutions to combat the various effects of it . Deaths due to food, water, environmental shortages, crime, and war have been rising. According to the United Nations Food and Agriculture Organisation, the world population will reach 10 billion by 2050, and regular climate changes are happening as a result. As a result, they expect that cultivating crops would be a difficult challenge. Food is linked to climate change and food cannot be grown in an unsuitable climate. In this paper, the causes, effects and potential solutions to the problem of overpopulation are discussed. Overpopulation has repercussions on society and the socioeconomic impact of it has been analysed.

Abolition of Zamindari System was the most important agrarian reforms after the Independence. The introduction of various Zamindari Abolition Bills had begun even before the Constitution of India was enacted. Uttar Pradesh, Madhya Pradesh, Bihar, Assam and Bombay introduced Zamindari Abolition Bills and all the States used the report of Uttar Pradesh abolition Committee but the zamindars opposed the bills and delayed the agrarian reforms. Thus, the Constitution came with its First Amendment Act by which the right to property was amended. The zamindari system was abolished in Independent India soon after the Constitution of India amended the right to property under Article 19 and 31 and after the various legislations were formed in regard to the abolition of zamindari, the zamindars challenged the constitutionality of the laws. Zamindars were allowed to keep land in certain places for their personal cultivation and this made a huge number of zamindars to retain their land. The Abolition of zamindari system aims to remove the zamindars or intermediaries between the government and peasantry. After the abolition of zamindari system many peasants and share croppers acquired the land ownership title. And compensation was paid to the zamindars by the State on acquiring the land ownership title back from them. The major objective of agrarian land reform was to bring a change in the revenue system that would in turn be favorable to the cultivators. The abolition of zamindari made bonded labour a punishable offence, hence the concept of zamindar was abolished. About 20 million former tenants became owner by that time and the compensation was paid to the zamindars.

India's growth over the past two decades has made a remarkable contribution to global human development. Extreme poverty in India has fallen to 21%, child mortality has fallen by more than half, around 80% of women give birth in a health facility and two million fewer. Children do not go to school. These are important achievements for a country that is home to almost a sixth of the world's population, but challenges persist, and India's economic successes have not resulted in an improved quality of life for everyone in the world, especially women and children. Currently, India is home to most of the children, according to the 2011 census, about 13.59%, that is 16.45 crore of its population in the age group of 0-6 years, while 30.76% of the population is in the age group of 0 to 14 years; however, children in rural areas, slums and poor urban families, catalogued castes, indigenous communities and other disadvantaged populations suffer from multiple deprivations related to poverty, malnutrition, access to quality health services, child marriage, poor school attendance, low learning outcomes, lack of sanitation, Hygiene and access to improved water. High levels of malnutrition persist 38.4% of children are stunted, poor learning outcomes only 42.5% of third-grade children can read the first-grade text), vaccine-preventable diseases, and child labour. India Has Greater Responsibility to Children.

After the introduction of 4 new labour codes in 2019 and 2020, maternity benefit under various legislation has been consolidated into a single code. But how the maternity benefit went through a change over 100 years in our country and what are the changes from the Maternity benefit act 1961 and The Employees’ State Insurance Corporation Act 1948 and how far the code fulfils its role to provide single-stop social benefit of all kind including maternity benefit to both organised and unorganised sector in the year 2021.Also to put forward few suggestion as to make the code really work and make a comparative study around the globe to bring the best practices in maternity and paternity leave.

The institutions of communication and technology have become so prominent in world politics that it has altered the nature of power both domestically and internationally. Marvin Kalb, who provided the foreword to the famous book ‘the media and foreign policy’ has consequently stated “indeed, only the foolish foreign leader can any longer afford to underestimate the power of TV news.” The growing convergence of politics and communication suggests that the world is moving towards the media dominated governing system. While some scholars label this system as ‘medialism’, others refer it as ‘tele-democracy’ . Tele-democracy is known as the major component of media diplomacy. There exists a vacuum in the existing knowledge relating to the role of communication in diplomacy as the image portrayed by the media can be easily tarnished due to ‘editorial bias’ or ‘acts of carelessness’. The constructive role of the media in formulating foreign policies and peacekeeping treaties is always at stake. Although each source of the media has its own decision making and operational bodies, the ruling government tends to affect the autonomy of the media by creating the problem of ‘bias’. Since the media is a great ride of power, its negative aspects also spread like wildfire. A single cartoon depiction or a single speech may be converted into a hate speech leading to a hot debate. This is where journalistic integrity clashes with public diplomacy and the freedom of expression is at stake.

The fundamental rights under Part III of the Indian Constitution can be considered to be essential to ensure that individuals live a meaningful and purposive life. While originally interpreted to be only enforceable against the state or its instrumentalities, the evolution of the state and our society has expanded the scope of who these state actors can be. The judiciary has consistently held that unless expressly provided otherwise, fundamental rights are usually enforceable only against the state actors. In rare circumstances however, certain rights have been interpreted so as to have an indirect horizontal effect (i.e.) a state duty can be imposed to prevent the violation of fundamental rights by certain non-state actors. A recent question that has arisen is whether private individuals can be held liable for violating fundamental rights of other private individuals. An attempt has been made to understand the evolving jurisprudence of Indian courts where private actors and individuals are increasingly being seen as capable of violating fundamental rights. The constitutional capability of the Indian judiciary to create mechanisms to deal with private violators of fundamental rights has been explored in this work. One particular instance of such violation is when an individual in exercise of the freedom guaranteed under Article 19(1) (a) violates another individual’s right under Article 21. This issue was raised in recent constitutional bench proceedings in a case where a minister made derogatory remarks against a rape victim (Kaushal Kishor vs. State Of Uttar Pradesh & othrs). Such conflicts are the main focus of this project. The judiciary’s response to such conflicts has been examined in detail.

This article explored importance of MSP in the Indian Agriculture sector, tracing back its origin from 1975 to how it is calculated now, the paper has also tried to tackle the question of giving legal status to MSP by taking in context the available storage capacity and the fiscal cost associated with the whole process. A brief overlook is also taken to understand the fallacies with implementation of current MSP system and ends with some possible complimentary solutions which could work in the direction of rejuvenating the MSP mechanism and making it more effective and holistic in nature.

Consumer protection act intends to provide protection to the consumers, to safeguard their interest and to protect them from unfair practices. But the reality is something different; consumers are still a victim and are exploited for many unfair practices. This academic piece intends to study the awareness of consumer protection act and consumer's rights. In this paper, source of data is primary, which has been collected through a questionnaire that was circulated to around 100 people to access the current situation. This academic piece is divided into 3 parts. First part consists of introduction, background, and landmark case laws, second part consist of methodology and analysis of the questionnaire. The study concludes with the finding of the study. lt is inferred that awareness among the people is less, and due to lack of awareness people gets tricked by the seller. Efforts should be made to overcome the challenges and generate awareness regarding consumer rights and what measures they should take while purchasing the product. The objective of the stud y is to access the present situation and to study the consumer protection act and its amendment. According to the study, respondents have a good knowledge of challenges they are facing in practicing their rights and if challenges are identified then efforts should be made to overcome these hurdles so that consumers can enjoy their rights.

In the current times, e-contracts have become a common way of contracting. Rapid advances in the areas of computer technology, information technology and telecommunications technology has improved the general standard of living and has allowed more and more people to take advantage of the benefits of online contracts. Increased penetration of the internet in all corners of the world as well as rapid development of e-commerce primarily have led to a rise in the use of e-contracts. Communication is not restricted due geographical or time limitations and information is transmitted and received more efficiently and speedily than ever before. A contract can be formed in seconds, with both parties meeting all essentials of a contract over the internet. Though such types of contracts have become a part of our daily lives, people are unaware of the legal challenges and complexities that surround such contracts. In view of these challenges, a comprehensive law dealing with electronic contracts is a must. Many legislatures around the world have realized this and have passed laws to recognize and enforce electronic contracts. In this paper, the author aims to understand and analyse what an e-contract is, what are the different types e-contracts, the laws that govern such contracts in India, judicial precedents surrounding e-contracts, and the various issues involved in the functioning of such contracts.

This paper deals with the concepts of the right to privacy in India along with case studies and landmark judgements. Privacy is the most integral part of human life and dignity. Right to privacy in India has been upheld by the Apex Court in many cases and it has been held that Right to Privacy is a fundamental right and an integral part of the right to life and liberty. This paper primarily focuses on the definition, concept and landmark cases of Right to Privacy in India. The paper also talks about the comparative status of privacy rights in India and other countries.

The importance of understanding the role of culture in corporate governance is increasing day by day on an exponential basis to say the least. Today, no structural study of corporate governance processes can be complete without taking into account the societal context in which they exist and operate in the business world which is consequently and intricately influenced by a variety of factors. Businesses do not live in a bubble, and even the most competitive must be mindful of shifts in the traditions and environments in which they operate. Businesses must grow to keep ahead of their rivals and still hold importance in the eyes of their customers as society and culture intertwine and evolve. This article offers an analysis of various perspectives on how society and culture interact with the law, particularly corporate law, to form corporate governance in alliance with socio-cultural factors, to help understand corporate governance in its diversity and persistence towards such factors. The fundamental principles of cultural interpretation are explained primarily, along with the fundamental principles of cultural analysis, as well as common ideas of cultural aspects and social networks as social capital. The Corporate Governance legislation is nothing more than a collection of laws designed to regulate the behaviour of a company and the persons that hold managerial positions i.e. board members. In a hypothetical perfect world, corporate governance laws can be converged across nations, regardless of cultural variations. However, this does not work in practise. Since Corporate Governance laws are essentially rules of behaviour, they must balance the "legal" with the "socio-cultural profiles of the society in which the rules must work. Thus this article reviews current research on the effects of culture on corporate governance on issues such as legal transplants, corporate objectives (corporate social responsibility), relationships with investors and other stakeholders through disclosure and dividend distribution, executive compensation, and the operation, composition, and network structure.

Companies in India are largely created and regulated by the Companies Act 2013. In India, there are two major categories of corporations, private limited companies and public limited companies which are limited either by shares or by guarantee. In both of these companies, shareholders play an extremely crucial role. A shareholder, also known as a stockholder, is any person, corporation, or entity who owns at least one share of the underlying capital of a corporation. Recently, factions of shareholders of some firms have waged their battles in the mainstream media. Despite more than a hundred clauses in the Companies Act specifically outlining shareholder rights, shareholder democracy has not yet been successful due to a lack of vigorous and well-developed shareholder sentiment. In India, the same applies with similar authority. A big company's shareholders do not choose to attend general meetings when much of the authority is concentrated in the hands of the directors or majority shareholders. They are only concerned with the valuation of stock and dividends. When they learn that they are not earning a reasonable yield or that the valuation of their stock has no chances of growing in value, they transfer their investment to shares of other firms . It is critical for a company to look after them because they play an important part in the company's structure and earnings. They are the company's key owners and should be protected and rewarded on a regular basis. Shareholders ought to know about the limitations on their rights, whether a company appoints directors using a majority-voting system, their capacity to approve impact organizational transactions, their ability to submit dissenting resolutions at an annual general meeting, how directors using a majority-voting system, their capacity to approve impact organizational transactions, their ability to submit dissenting resolutions at an annual general meeting, how to participate in share voting – in person or otherwise – and strategies in order to effectively assert their rights This article seeks to elaborate the concept of shareholders and their importance in the corporate sector of the country and because of the division of ownership and management, as well as the dispersion of shareholders across the world, it is important for shareholders to recognise their rights, privileges, and liabilities.

At the global as well as domestic level women is considered as a vulnerable class. They are often easy targets of any crime. It is a matter of shame as a society or say world at large that we did not make any device that can change the mindset of society. In the modern era crime against women are increasing day by day ta horrific pace. We have formulated various national laws as well as international regulations to curb these kinds of an act but in practice, these are somehow failed to eradicate the crime. For research, purpose author(s) has selected the offence of rape against women. Rape is an act where one person uses physical force or compels the other to submit to sexual acts without the letter’s free consent. It is considered a basic violation of human rights, against the right to life, liberty, dignity and sovereignty of women. From time to time various amendments have been made to make rape laws stringent and harsh. In 2013 and 2018 legislator had made a drastic change in the punishment provisions and prescribed the punishment of the death penalty in some situations. However, the researcher(s) has a strong belief that “law without proper implementation is like a body without a soul”. This paper will focus on the functional aspects of law i.e., how far these stringent provisions can achieve their purpose. One of the main concern of the author(s) is the low conviction rate in rape cases. Recent NCRB data has shown that the conviction rate in rape case is below 30%. This paper will deal with the basic and practical hurdles in conviction and will try to give some valuable suggestions in this regard.

Effective enforcement of an arbitration award is the prime indicator for the success of any arbitral process. In India, Part II of the Indian Arbitration and Conciliation Act of 1996 provides the law Governing the enforcement of foreign awards in India. The said Act was enacted by the government of India in the year 1996 to bring the Indian Arbitration Act in line with the UNCITRAL model law on arbitration. This research paper aims to briefly describe the final settled position of law relating to the enforcement of foreign arbitration awards in India. A jurisdiction’s credibility as an arbitration-friendly nation primarily relies on the efficiency and efficacy of its award enforcement regime. This article examines the award enforcement regime in India, and therefore, all the awards that are made in countries that are not notified by the central government of India cannot be considered as foreign arbitral awards that are falling within the definition provided under the act. The act defines foreign awards as awards that are made on differences between parties to a well-defined legal relationship that is considered to be commercial in nature under Indian law. It may be noted that part II of the Arbitration Act provides only for the process of enforcement of foreign arbitral awards and does not stipulate any process for the setting aside of the foreign award or the passing of any interim measure in respect of foreign award. This paper will further try to highlight the judicial consistency in the enforcement of the foreign arbitral award with the help of leading case laws. This paper will provide suggestions that should be implemented in the legislature for better enforcement of foreign awards.

This paper is a study on the marriage of transgender individuals in India. The research focused on incorporates both, the existing law on marriage in the country and foreign judgements that have given their ratio on the same matter. The Arunkumar case of the Madras High Court has been discussed, alongside the landmark cases in the US, New Zealand, the UK, Australia, and Hong Kong, in order to draw inferences and provide interpretative guidelines for determining the state of transgender marriage in the current legal regime in India. The paper treads into analysing the possibility of homosexual marriage in a very limited manner and primarily focuses on rubrics on which interpretation can be based off of.

In order to attain sustainable development to safeguard our environment and society, an increasing number of researchers have conducted in-depth research on green marketing and green purchases. Green consumerism embodies a dilemma inherent in many prosocial and moral actions – foregoing personal gain in favour of a more abstract, somewhat intangible gain to someone or something else. In recent years, consumers tend to pay more attention to the green products. Green consumers decision to get green products is becoming a central issue within the present state of green market research due to the rising of environmental consciousness and green consumption trends worldwide. Supported with the Theory of Planned Behaviour, the intention of performing such behaviour is influenced by three main components of attitude, subjective norm, and perceived behavioural control. However, there are many factors that significantly affect the consumer’s intention towards green purchasing. Among them are socio demographic variables, awareness, experience and knowledge about green products, parental influence and peer’s belief, and merchandise price and quality. This paper comprehensively deals with the rise in Green Consumerism due to increasing awareness about Climate Change and the factors contributing Green Behaviour in consumers.

Red herring prospectus does not include the complete information of the quantum or value of the securities. In general terms the red herring prospectus consists of the particulars relating to the company’s functions and operations and the prospectus, ultimately enabling the potential investors to acquire the required information to arrive to a decision. The Red herring prospectus should be filed before the concerned registrar 3 days prior to the list of subscription or offer. The obligations to the Red herring prospectus are similar to the obligations of the other prospects and if at all there is any variation between the prospectus and the Red herring prospectus, then such variations needed to be highlighted. After the closing of the offer the prospectus should state the total capital raised by ways of share capital or debt and also the securities closing price. The author systematically analyzes the process for the issuance of the Red herring prospects, the role of SEBI and judicial pronouncements concerning the same.

This study examined a multidisciplinary forensic interview of a child alleged of sexual abuse and its challenges. To this end, a qualitative research method and purposive sampling technique were employed. Seven investigative police officers, three public prosecutors, three social workers, and four individuals who are in an administration position at the selected units in total 17 individuals participated in this study. In-depth interviews with the police, social workers, and prosecutors and key informant interview with the administrators were employed. Pertinent documents were also consulted. Thematic analysis was used to analyze the data. Though there is some sort of work relationship with the police, public prosecutors, health professionals, and social workers that designate multidisciplinary team (MDT) forensic interview, the study unveiled that the recurring challenges of the MDT forensic interview, among others, are the wrong perception about each other’s role in the forensic interview process, role conflict and lack of cooperation among the professionals, duplication of an interview, absence of a law that regulates each agency or professional involved in the interview process and a limited number of social workers in the units. These challenges have hindered not conducting successful MDT forensic interviews in the selected units. Given these, the researcher suggests that there should be a law that regulates and spell out each agency’s role in the interview process and join training and communication mechanism should be also designed.

Intellectual Property Rights are respected & protected to the mental ability property and another side Alternative dispute resolution is a very cardinal remedial tool to provide speedy justice. So it is significant in the development of individuals and enhancing social justice in society. Article 21 has incorporated speedy justice as fundamental rights of citizens & persons and our constitutional scheme has also enumerated Alternative dispute resolution as a unique method to resolved disputes on the grass-root level & promotion peace & security under Article 51. The development of science & technology and globalization makes the importance of the protection of Intellectual property rights. During Covid human society are depending on digitalization. No doubt it’s given relaxation to the public at large but brought many issues of cybercrime. In the context traditional legal implementation process is more difficult for justice than an alternative dispute resolution mechanism is becomes a more suitable platform to resolved problems concerned with Intellectual Property rights. The paper is evaluating the method of ADR at the national & International level and difficulties related to enforcement. The purpose of the study is to analyze the benefit and procedure of the ADR body with a legislative response about it. The method of research study is a doctrinal methodology used International Convention, national legal document, case study, journal, and authentic websites. The finding of the research study is Alternative dispute resolution is a flexible remedy in the area of Intellectual Property Rights, the need for awareness, and implementation of Door to Door.

The Indian reservation policy has been mostly static. A reservation policy which remains static can benefit the people who no longer need reservation and ignore those who really need it. The sections of society which requires reservation today might not require reservation in the future as the condition of that particular section might have improved. The Supreme Court raised the similar issue in the case of Chebrolu Leela Prasad and Ors. v. State of Andhra Pradesh. It pointed out that the review of the list of beneficiaries of the reservation is desperately needed as the benefits of the reservation are not trickling down to the needy. The problem with the review is that once it is completed, the reservation percentages are fixed for years. Nothing can be done in the years falling between two reviews to change the reservation granted. Stretching the logic of the Supreme court further, It should be the aim of the government to have a reservation policy which changes the reservation according to the need in a particular year. It might happen that a certain category require 30 percent reservation in the present year but require only 10 percent reservation in the very next year. Why not have a system of reservation which is dynamic and adjust itself according to the need in a particular year? One such system of reservation is horizontal reservation which is already present in our legal system, but it is applied to selected category only. In this paper I make a case for application of the horizontal reservation across all categories as well as discuss all ancillary issues relating to such application.

Since childhood, we have been noticing a group of people who are dressed up as a female but their voices are more suitable to a male. As a child for me, they have always been someone whom I found very secretive. Something which all the time baffled me that why do the people laugh at them and tease them without any reason? As a grown-up person gradually, I could understand their real difficulties and the reason of that anathema associated with them and tabooed them as “Hijra”. Hijra is the individual who we comprehended were some ways or another named as various. Even though they were ineffectively coordinated into society, Hijras in some cases came over when there was a promising occasion at home, for example, a marriage or the introduction of a kid. It is also stated that getting the blessing from any Hijra is the matter of good fortune. It is very painful having seen that people in the society remember them only to grace the occasion for their benefits and afterwards they are treated misdemeanour. In spite of being esteemed the harbingers of good karma, Hijras were frequently spotted asking for cash at traffic crossing points. While they were regularly treated with abhor, growing up, we didn't actually recognize what was unmistakable about them or why they were social outsiders. The strict English interpretation of Hijra is Eunuch, which could be misdirecting. In all actuality, "Hijra" is a name for an individual from the transgender network in North and Western India. Individuals from this network were relegated the male sexual orientation during childbirth however relate to the female sex, which as in wherever of the world, accompanies difficulties. As a major aspect of the MIT section of the Association for India's Development (AID), we were especially keen on finding out about the Hijras' socio-legal status. Having been recognized them as third gender category, nothing has been changed. They are still the victim of molestation, eve-teasing, criminal force, acid attacks and other brutal offences. In this research paper, we will focus on the right of transgender persons under the purview of the Indian Constitution. We will also analyse their human rights and approach of India as a third world country for the protection of the rights of transgender persons. Enacting the legislation is not only the change which is required to make the position of a transgender better in society but until the attitude of the society will be watertight against transgender persons no legislation will be working effectively in the absence of societal support.

A Fire Insurance is a contract of indemnity between the insured and the insurer. The Doctrine of Subrogation and Contribution are an extension of the principle of indemnity. This article primarily focuses on the fact that insurance contracts are contracts of indemnity wherein there is no gain or profit in any way to the insured as a consequence of an accident or loss. Fire Insurance is an insurance against any loss caused by fire. This article initially discussed the different aspects of how the doctrine of Subrogation and Contribution operate with regards to Fire Insurance. Then it moves on the to specifics as regards fire insurance such as a Special Perils Policy, Standard Fires, Policy Coverage, Depreciation and Status of Salvage Value. By way of this analysis the article aims in arriving at the courts take on different aspects of such applications of the principle of indemnity in Fire Insurance. The Primary focus is on the stance of the Indian Courts while also discussing International Decisions. The Ramifications of Indemnity on Fire Insurance Contracts is discussed through both an individual analysis and a study of the doctrines. Finally, The Author also suggests recommendations after discussions involving the doctrine of Subrogation and Contribution.

Water is fundamental for life and the economy. Water Law is indispensable although not sufficient to assure a rational use of water. Today the main problem is the scarcity of clean water due to population growth that accompanies intensive agricultural and industrial utilization. From a historical and comparative perspective, it becomes evident that the focus of regulation is moving slowly but clearly from different water uses to the water resource itself. Water Law is evolving more and more into a part of environmental law under the leading principle of sustainability. International freshwaters have been a source of contention between states. Such conflict arises from both peoples' utter reliance on water and the subsequent interdependence of co-basin states, as well as a degree of historical confusion about the relevant principles of international law in this region. This is due to the fact that states only temporarily or partially exercise effective control over certain waters as they flow through or along with their territory and therefore, each co-basin state's utilization or development of a shared water resource naturally influences the quantity and quality of water available to the low- or nearby basin states. International watercourse has timely been effective in managing and controlling the transboundary water though it is a bit fragmented, as there is no institution with undisputed power to enforce its rules.

The Douala Stock Exchange (DSX) of Cameroon was created in 1999 and went operational in 2001. Two decades after only three companies are listed in the stock exchange. The Cameroon capital market laws do not make provisions for civil liability regime, consequently, members of the general public do not have accurate information in the offer document. In fact, the accuracy of the information document is imperative within the securities market for investors to make investment decisions. This paper has as objective to examine the adequacy of protection accorded to investors through civil liability regime in Cameroon. Adopting an in-depth content analysis of both primary and secondary data, this paper strongly calls for the enactment of a civil liability regime within the securities market regulation in Cameroon.

This article primarily deals with the regulation of pharmaceutical drugs in Cameroon in an attempt to wipe out of the markets counterfeit drugs that continue to circulate and threaten the life of consumers. It is concerned with establishing the liability of persons who engage in the sale of counterfeit drugs in Cameroon. It specifically highlights the obligation of the seller to ensure that the drugs acquired and sold are of good quality and are within the regulated drugs approved for marketing in Cameroon. Arguably, the issue of counterfeit drugs is difficult to determine as a mere physical look cannot adequately show if all the active ingredients used are in their correct quality. Thus, this article has the objective of exploring the mechanism set up by the law in determining the seller’s duty of conformity with existing legislation as per the production, importation, distribution and retailing of pharmaceutical drugs as well as well as the remedies that the consumer can resort to in the case of the seller’s act of non-respect of legislative requirements. Adopting an in-depth content analysis and critical evaluation of primary and secondary data, the article concludes that the fight against counterfeit medicine in Cameroon must begin from a restructuring of the regulatory authority where roles are clearly specified. It is thus recommended that a special task-force be put in place to flush out illegal pharmaceutical drugs dealers as they are discovered to sale the highest amounts of counterfeits to consumers.

It is worth noting that although forest exploitation improves on the livelihood of local communities globally and Cameroon in particular, unsustainable and uncontrolled human activities on the forest environment will negatively affect the valuable services provided by the forest. More so, life could become so difficult and meaningless should these benefits be exhausted. Such is the situation of the forest in the Mount Cameroon region which is home for rich biodiversity. It is characterised by high-specie richness in flora and fauna of which many are endangered. It also habours diverse habitats and represents a centre of endemism. In a nutshell, the forest of the Mt Cameroon region provides services to humanity ranging from tangible to intangible benefits. There is need to ensure an effective regulation and conservation of the forest heritage in order to guarantee the continuous existence and enjoyment of the valuable services provided by the forest for the benefit of the present and future generations. To this effect, several legislations at the international and domestic levels have been adopted to safeguard these benefits. Based on this position, this paper advocates the necessity to effectively regulate and conserve the forest heritage of the Mount Cameroon Region. In order to attain this objective, data have been collected and analyzed using the doctrinal research method. Field interviews with indigenous stakeholders have equally been conducted. It is discovered that several anthropogenic activities ranging from un-environmentally friendly agricultural practices like the slash and burn system, illegal hunting or Poaching of threatened species, unsustainable and illegal timber exploitation, unauthorized fuel wood and charcoal collection, and uncontrolled bush fires constitutes great treats to the Mt Cameroon forest heritage. In the end, the paper clamours for a join Commitment of State and non-State actors towards ensuring the suitability of the forest resources.

The existence of death penalty in Cameroon’s criminal law is not a 21st Century issue because it has long existed as a principal penalty. Not sanctioning an individual who commits a crime in any organised society is an abnormality. Different crimes in different State like Cameroon and others are sanctioned differently with the most severe punishment being death sentence. Cameroon has several laws containing death sentence as sanction for particular crimes although its practice or application in Cameroon has not been witnessed for about two decades or more. There has been constant debate as to the legitimacy of capital punishment in Cameroon. The justifications for its existence and retention in law in Cameroon have been constantly questioned. Among some of the reasons for its retention in Cameroon are that it is an effective deterrent, the public wants it to be retained, it helps to incapacitate the offender from further committing crimes. These reasons today have hardly been convincing as this form of punishment is not only cruel, brutal, inhumane and above all, it is unconstitutional. Hence, with this counter argument, the legitimacy of capital punishment in Cameroon is constantly questioned as this form of punishment violates the fundamental human right to life. This paper opines that this form of punishment may have been best for certain categories of crimes decades past, but as the society evolves, so are concepts revisited and for the fact that there is a possibility of executing an innocent, it should be abolished.

Biopiracy is a crime gaining grounds in Cameroon and is resulting in the deterioration of biodiversity; this is evident in the increase possibility of extinction of several species like the Prunus Africana (now endangered). The reason for this state in Cameroon’s biodiversity to a large extent is the absence of a sui generis legislation for biopiracy. However, mechanisms do exist for the conservation of biodiversity and these mechanisms can be used to some extent to address biopiracy. These mechanisms are categorized under policies, legal and institutional mechanisms, it is evident that these mechanisms are properly structured despite having some weaknesses. In order for these mechanisms to properly conserve biodiversity they have to be properly implemented which to a large extent is a problem in Cameroon due to several reasons which will be examined in this article.

The objective of this paper is to study comparatively the points of convergence and divergence in the legal positions in the modern democracies of India and United States with respect to offences of acting against the state. This paper will be restricted in scope to the offences of treason and sedition laws in both the nations. It starts with elucidating the nature of such offences and then enlists the relevant penal provisions in both jurisdictions which punish for offences perpetrated against the State. Then, it also maps out the similar provisions. Subsequently, it starts with the understanding of laws and the historical context, specific to treason and then sedition in both the jurisdictions of India and United States.

This paper explores the powers which the Union Government and the State Governments possess under the umbrella of Criminal Law to enforce lockdown and various other restrictions. Furthermore, there is also a discussion upon the enforcement of these laws through the case of ‘Tablighi Jamat’ in Delhi where flouting of COVID-19 rules led to a conundrum due to competing interests as well as socio-cultural stigmas. I have also given some suggestions which Union Government could have implemented or could implement in future to flatten the curve of the rising cases.

Possession is the most difficult concept. Possession means physical control of a person over a thing. Possession shows the relation of a person over the thing. Possession is the evidence of ownership unless contrary is proved. In the eyes of law, the person who holds possession over material things has got nine points out of ten and he is considered to be the owner of that thing unless someone else questions his possession over that thing. According to Henry Maine, possession involves the physical contact with an object with the intention of excluding others from such object. When any object comes under the possession of any person, he becomes entitle to some rights and duties depending upon the circumstances. Hon’ble Supreme Court observed that possession is the evidence of ownership. Therefore possession is the direct relation of a person with the material thing. Possession may be legal or illegal, direct or indirect, mediate of immediate etc.. Possession is the difficult concept because the person even if in the wrongful possession of an object is considered legally entitled to that object. Possession is the subject of great interest and therefore needed to be carefully interpreted.

The legal fraternity is one of the most important pillars of our nation. Advocates diligently work to help their client and they need to be very ethical as they represent the clients before the deciding bodies and professional disciplinary committees. To ensure peace and harmony, the legal system is responsible for preserving, creating, altering, and even deleting any inconvenient laws that exist in the country's judicial system. However, it is said that this system can come to a halt when those in positions of authority in the judicial system act unlawfully or in ways that are not appropriate for them as a strike. It was declared by the court that such sought of calls for boycott are absolutely illegal. This paper analyses the advocate’s rights to strike and evaluates its constitutionality through the judicial contributions by the court on the same issue. According to the law commission of India report no. 266 the word strike has been in discussion, which is in equilibrium with India’s judicial system. According to the court the word strike is used for the workers, labourers, employers, employees and it is not suitable for professional such as the advocates of the legal system. This paper critically examines the judicial role and the validity of the strikes by the advocates.

Shipping industry has seen an enumerable growth in past years. But with growth there also comes unresolved issues, and the same has happened with sea farers. Already concerned about the security of their family members, the problems of sea farers increase when they are abandoned on the ship. When Sea farers are abandoned, it is mostly due to lack of funds by employers which lead to sea farers roaming in a foreign nation and dealing with financial and social crisis. They often lack access to proper legal services. Marine operations are often perceived as “dangerous” because of these issues at hand. Life at sea can be hard as sea farers already face different kinds of abuses, the fact that they are away from their families and friends and, in such scenarios if they lack proper legal measures to save themselves then it is a big issue. The aim of this paper is to highlight the issues faced by sea farers after they are abandoned and potential developments that can be made in order to help sea farers legally in times of abandonment. The paper also consists of cases of abandonment and how were they dealt with in regards to international and Indian maritime law. The objective of this research is to find out whether legal response generated at the time of abandonment of sea farers is sufficient or not. In case laws are found to be invariable, possible solutions have been proposed so that welfare of sear farers may be achieved.

Ownership is one of the most important concepts of Jurisprudence. It is a very important right in relation to one’s property. This concept evolved with the evolution of civilization and society. It is a very important concept in both legal and social interest aspects of the society. The word ‘Own’ in the term Ownership means to have a hold on something. A relationship between a person and an object he owns is called ownership. It means a bundle of rights which a person has over the object. The right of ownership can either be absolute or restricted and is residuary in nature. The owner has the complete right to dispose and destroy the property. The concept of Ownership differs for the Roman law, English Law or the Hindu Law. The Right of Ownership includes various other rights in it such as the right of possession of the property, the right to enjoy the property and also the right to dispose or destroy of the property.

Undoubtedly, on one hand the social security code will be providing plenty of welcoming recognition of gig workers. But on the other hand, the code had created few impediments like that of compulsory registration. This Research work will be basically analysing about the level of protection provided for the Gig workers under the Social Security Code, 2020 and will further examine as to whether the said code had completely plugged in the loopholes in existing legislations.

This commentary seeks to analysis the validity of Padam Sen and Another vs The State of Uttar Pradesh, 1961 AIR 218 as per the existing laws of the land. Apart from the Analysis of the Judgement, this work will also be providing appropriate suggestions.

The COVID-19 pandemic is one of the most difficult challenge faced by the global community in recent times. Indian prisons have been massively effected due to the widespread of the virus. Slow mechanism of judiciary, continued lack of foresight and other reasons have not only led to mass outbreak of the virus but also made complete mockery of the objective of social distancing. It is crucial to scrutinize the rights of the prisoners who are locked up in prisons and remand homes when country is facing deadly second wave of corona virus to which social distancing is only the answer at this very moment. The paper would deal with the legal framework and interpretation of laws through judicial decision for the health care, medical facilities in the detention centers and remand homes. The eligible prisoners have the right to get interim reliefs and parole for their safety and also for clearing congestion in the prisons. The paper would scrutinize the rights available to prisoners during pandemic under municipal law, international law and rights that have been developed through judicial decisions. The paper would look at the condition of prisoners and how they have been intentionally ignored by the authorities. However Supreme Court came up with the guideline for the protection of prisoners but lower courts and prison authorities have failed to fulfil the objective in true sense which has resulted into massive outbreak of COVID-19 in prison and as consequence infections and death of the prisoners have increased. The main aim of the paper is to give an insight regarding prisoners that they are only humans behind bars and they should be treated in the same manner like rest of the population.

The world is in the middle of two pandemics – The CoVID-19 pandemic and a pandemic of Mental Health problems. The Covid-19 pandemic and the restrictions that are widely imposed to curb the virus have proved to affect the mental health of individuals negatively. Researchers have demonstrated that the current covid-19 pandemic has induced a wide range of mental health problems like Depressive symptomology, Anxiety, Stress, and suicidal tendencies across the world. However, this trend of mental issues accompanying a pandemic is not new. Therefore, this research paper tries to analyze, at first, the instances and extend of Mental health issues in the previous pandemics with particular attention to the Spanish Flu of 1918, SARS outbreak of 2003, and H1N1 pandemic of 2009. The paper then analyses data from various researches and concludes that the magnitude of the mental health issues is almost always more than the pandemic itself and stays a for longer than the pandemic. This research paper, then, tries to examine a different set of psycho-social and socioeconomic factors responsible for an individual's mental illness during a pandemic of the past. The paper identifies three main factors responsible for mental illness in those pandemics- Stigmatization, Social Alienation, and Socioeconomic inequalities- and tries to briefly explain their relationship with poor mental health. Then in the final section of the paper, we take the discussion further and apply these three psycho-social and socioeconomic factors in the five most vulnerable groups of people in the current Covid-19 pandemic and checks their significance in the current society. The paper then concludes by suggesting some ways for the authorities to control the mental health issues that spread with the pandemic.

Rule of law is the supreme manifestation of human civilization and culture and is a new ‘lingua franca’ of Global moral thought. The phrase ‘Rule of law’ has been derived from the French ‘la principle de legalite’ which implies the principle of legality. It implies that ‘a government should always be based on the known principles of law and not on the will of men.’ In other words, the concept of ‘la principle de legalite’ is opposed to arbitrary powers. It is a legal principle, of general application, which is sanctioned by the recognition of authorities and by whom it is sanctioned is also subject to that ordinary law of the land. The evolution of rule of law in Indian tradition can be traced back to Upanishad, in classical India there were two major sources of law Smirtis I.e. Manu Smirti and Custom, in which the Smirtis were the sources of codified laws and Custom was the source of non codified laws. As indigenous laws were not codified and its interpretation varied according to ruler to ruler and judge to judge. In contrast with the west yet there was no codification but still there was fixed body of laws emphasized on the unique interpretation. Hence, Zygmunt Bauman regards law as characteristics of modernity and interpretation was the characteristic of post-modernity. Though the Muslim rule in India couldn’t altered its basic structure But, the Indian traditional rule of law in India was deeply affected by the British colonialism. Initially, they came in India by the permission of the then ruler Jahangir for the purpose of trade and commerce and this was also the period of constant supervision and familiar with the Indian culture and the indigenous laws of the country and later on they felt Indian rules were too chaotic and a country based on non codified laws, thought incomprehensible in the good governance of any country still they didn’t want to introduce the English laws too early at the place of indigenous laws rather they prefer to introduce the modern law based on Indian ethos. Hence, this research project starts with the introduction of Rule of law, and the various definition given by the many thinkers and we will see the development, that how they developed their laws in Indian society at the same time see the encounter of indigenous laws and for the deeper understanding of colonial rule of law, we will see the two major cases one is the habeas corpus case and another one is the case of the crown v Summad and at this paper ends with the conclusion.

That the law shall be certain, and that it shall be just and shall move with the times”. -Lord Reid, Judge as Law Maker On the pretext of the aforesaid quote this paper shall analyse the impact of the hate speech in the Indian society over the past decade and how laws are inefficient to acknowledge the crime from its origin. The paper introduces the concept of hate speech and how the sociologist have given their respective theories in it, then the paper talks about the three major issues which are the birth of hate speech that are mob lynching, hate speech during elections and role of social media in promoting the crime respectively. The paper before the conclusion provides a short comment on the new IT guidelines to regulate the content of social media and gives view that why the nation need such polices to reduce the crime of hate speech and answers the question as to whether or not the policy is a positive for the society or the negative. Keywords: Hate speech, mob lynching, election, social media, Indian penal code.

The principal objective of this research paper is to trace the Evolution of the Right to Education as a Fundamental Right in India and to carefully analyse the various stages of its development. Education is the ground for development and empowerment of each and every country. It is the most powerful weapon which might be accustomed to change this world. Education is most definitely a fundamental right, essential for the empowerment and growth of a person along with the society as a whole. This paper starts with the status and importance given to education during the Vedic and Buddhist Era wherein, the important stages in the development of the individual’s personality were the physical, moral, intellectual, religious and spiritual development. Further this paper talks about the status of Education during the Medieval period when the Muslims kings ruled over the country and the main objective of the Educational System under the Muslim rulers was growth in Knowledge, spread of Islamic Culture and Religion, growth of character, loyalty towards the king, knowledge about arts, development of skills, education of alphabets, etc. This paper then goes on to talk about the various educational acts passed in India during the British period. Thereafter the author talks about the demand for a law on free and compulsory education which was made during the freedom struggle and the various debates held on the topic. Further the author talks about the various Landmark judgments that led to the creation of a Right to free and compulsory education. Finally, the author has analysed The Right of Children to free and Compulsory Education Act, 2009 which is presently in-force. Through this paper the author has come to Conclusion that the right to Education is essential in the interpretation of right to development as a human right. Similarly, the right to development is also considered to be a fundamental human right and the desire to obtain more qualification is an intrinsic human right. The Central Government enacted the Right of Children to Free and Compulsory Education Act, 2009 which is the Consequential Legislation to Article 21(A). However, it is not applicable to unaided non-minority and minority educational institutions. The Right to Education Act also fails to talk about millions of children who are in the age group below five years. Education should be provided free of cost. Therefore, the Parents have a significant role to make Right to Education a major success in India and it can be done only by motivating them through counselling.

Healthcare changes dramatically because of technological developments, from anesthetics and antibiotics to magnetic resonance imaging scan and radiotherapy. Future technological innovation is going to keep transforming Healthcare, yet while technologies new drugs treatments, new devices, new social media support for health care etc. Will drive Innovation, human factors will remain one of the stable limitations of breakthroughs. No predictions can satisfy everybody, instead this article explores fragments of future to see how to think more clearly about how to get where we want to go. Significance for public health technology drives Healthcare more than any other force and in the future it will continue to develop in dramatic ways. While we can glimpse and debate the details of future trends in Healthcare, we need to clear about the device so we can align with then and actively work to ensure the best outcomes for society as whole. The principle of patients safety is fundamental to any modern health care system in the world today. It seeks to ensure that patients get adequate. India is in rank 42 in health care system also India is in 66.25 in Healthcare index. Bioethics is the study of the typically controversial ethical issues emerging from New situations and possibilities brought about by advances in biology and medicine. Biosafety is the prevention of large scale loss of biological interigity, focusing both on ecology and human health. In the last century, there have been a number of developments in medicine that have revolutionized field of medical practice. This has made it possible to when a health care provider overseas a patient health disagreements about treatment decisions can pose ethical dilemmas for Healthcare professionals. In health care system there are growing concerns about ethical issues lack of knowledge and practice of medical ethics has led to legal suits against Healthcare.

Although religious convictions may be deeply personal, religion is also a social institution. Religious views, behaviours, and norms are recognised by social scientists as an ordered and interconnected collection of beliefs, behaviours, and norms based on common social needs and values. The research paper in question seeks to analyze the origin, history, functions, and evolution of religion from a sociological approach.

The Labor Law system was born throughout the commercial age of the first twentieth century. As a result, key terms within the statute like "employee," "employer," and many other terms were basically understood within the context of semipermanent employment and huge vertically integrated companies that dominated this era. starting within the late Nineteen Seventies, the new technological advancements shaped a revolution within the organization of production increasing short-run contingent employment and therefore the organization of companies begin horizontally in commercialism and subcontracting relationships across the world. To keep up the connection of dialogue to the fashionable work, the interpretation of the key terms of the Labor Laws should be updated to acknowledge the modified circumstances of production and interpret union access and worker mutual support in light-weight of the new technology. However, new technology advancements guarantee additional modifications within the work with the fast mechanization of the many jobs and maybe a basic change within the relationship between labor and capital with the event of AI. during this Article, I explore the implications of latest technology advancements for the work, the interpretation of the Labor Laws to it, and therefore the continued evolution of yank labor policy.

This paper aims at answering the question: Should labour laws be relaxed or reformed during the lockdown? Since time immemorial the term 'exploitation' and 'victimization' has been considered as the other name of a labourer in India. These people had to face a lot of torture in the hands of their employers. However after Independence, the scenario somewhat changed as the central legislature decided to come up with new pieces of enactments which can give these people their lost rights. Hence in this write up the different rights and privileges which are available to a labourer in India at present are put together under different sub headings. In the recent time of COVID-19 pandemic however, the some states have suspended several important labour laws which have thrown the workmen at the mercy and sweet-will of the employers. The research deals with the Migrant workers who were thrown out without a properly devised plan for their return at the declaration of the Nation wide lockdown. This paper contains a discussion on the difference between the organised and unorganised sector of employment, Finally aims at understanding India’s international obligations towards the International Labour Conventions and how the same impacts the current scenario of labour reforms in India.

As Thomas Fuller had said "We never know the worth of water till the well is dry." We humans today have abundance of data, data with the help of which we can anticipate the future of the natural resources on the planet. Water being one of the most precious natural resources should be given adequate attention. With the help of this paper we have tried to review, recall and recalibrate our vision on the ongoing as well as imminent dearth of water in India. This paper provides an analysis of data provided by different government agencies. We in this paper have captured the sorry state of affairs prevailing in states owing to the government's inability to stop wastage of water, in contrast to its inability to provide for clean water to the needy. This paper ends with suggestions to help us utilise the water while not wasting it.