Volume IV – Issue IV: Part 2 / 2021

As a global pandemic, Covid-19 has prompted a call for social isolation. It has compelled people to sit indoors, and sitting idle indoors can result in mental stress. Thus, online learning can play a critical role in keeping people engaged and mentally healthy. Online education is the only viable option in this pandemic situation. Teachers can use virtual classrooms to teach from home and have access to all necessary tools, making online sessions just as effective as in-person sessions. Pandemics frequently compel learners to remain at home for extended periods of time, impeding the teaching-learning process. This article discusses the benefits of online education during times of crisis, such as job loss or pandemics. As a result, several tools and techniques for online learning are highlighted that can help ensure learning continuity. The government of India's emerging approaches to online learning are discussed. Additionally, the advantages and disadvantages of online learning platforms are discussed. The authors discuss learners' and educators' perceptions of the Online Learning system during lockdown.

Men are also affected by patriarchy and cultural norms. Increasing numbers, men are being targeted by their female superiors / colleagues at the job site in a way which would easily be qualified as sexual harassment as provided for by the legal definitions of women protection, but unfortunately, due to deeply embedded cultural assumptions about men, such instances never see light. Gender-neutral sexual harassment legislation is needed and should be enacted by the government in order to eliminate any accidental discrimination on the basis of gender and to provide equal protection to both sexes. However, the delay in its implementation may be linked to a lack of effective "Social and collective cry," as stated by the Supreme Court in dismissing the PIL on gender neutral laws. According to a research conducted by The Centers for Disease Control and Prevention in the United States (US), 1 in 17 men reported being forced to penetrate at some point in their lives, and 86.5 percent of these rape victims indicated that the attackers were male. If Indian legislation is adapting and changing in order to make India a prosperous country, why should they lag behind in provisions dealing to male rapes? As a result, the Indian parliament must pass gender-neutral rape legislation, as countries such as the United States, Bhutan, and the United Kingdom have. The Indian judicial system and its citizenry must understand that women can rape males. Men, not just perpetrators, should be recognised as victims by the law. There is a need to highlight the topic of sexual harassment of males to the government and society in order to modify society's stereotyped thinking.

Adultery is an act which indulges any sort of consensual sexual relationship between a married individual and an individual who isn't their companion. Generally adultery implies unified sexual intercourse with the wife of another man. It mainly focuses on patriarchy and male toxic masculinity. Adultery in India treats a woman as a victim who has been enticed by a man to do such an act and not as an offender. This case commentary attempts to justify the contentions against Decriminalization of Adultery and how it can demolish the sanctity and the institution of marriage.

Free and fair elections is the integral part of every democratic system but due to some reason the very essence of the democracy is said to be not properly functioning. In India, the role of election has always been considered as a vital element of politics but due to the involvement of corrupt practices, massive corruption, violence in the electoral system, there is requirement to make changes in the old method of electoral system. The Reforms in the Electoral system of India have always been considered as a topic of debate in India, since independence. The recent growth in the increase of electoral malpractices and moreover the issue that none of the proposals suggested by the various committees established have been considered by the Government spark the ongoing debate. It is well said that the Indian democracy is just like the ship which is floating in the choppy waters without being steered by anyone having grave risk which are lurking all around it. If the ship of democracy is not steered with appropriate directions, it might get hit with a rock and might get sink. Through this Article, the researcher had attempted to highlight the various proposals and various directions made by the committees which are set up by the government of India for ensuring free and fair election. Also, the measures taken by the Election Commission of India to curb the evil practice of Election. This Article also talked about the electoral reforms which law commission had insisted related to electoral process most prominently in its report in the year 1999, 2014, 2015.

Victims have the right to seek redress for the harm they have grieved as an effect of the crime. This right is distinct from and distinct from the right to retribution, which is the responsibility of the State in a society governed by the Rule of Law. However, if the state fails to fulfil this obligation, the state must still create a mechanism to ensure that the victim's claim to compensation for his injuries is not denied. As a result, the needs and rights of crime victims should be prioritized in the entire response to crime. Victim compensation is a distinguished process of victim protection. This article shall deal with the victim’s compensation, its background and some issues and challenges pertaining to the topic.

COVID-19 has left an unprecedented mark on consumption behavior of customers and production routines of corporations. In the wake of pandemic, there has been a huge change in the dynamics of business sector leading to several companies struggling to find a way to retain their market attention and remain relevant to the distracted consumers. Fluid Trademarks have been a popular way for the brands to keep up their popularity in the digital age for a long time. However, the unexpected impact of the pandemic has led to a fresh resurgence of the Companies in adopting the concept of Fluid Trademarks to refresh the brand image and keep up with the changing times. This increase in popularity of the concept of Fluid Trademarks will certainly lead to a consequential increase in the Court battles on the issues of infringement of these marks. In the light of these, this article analyses the existing legal provisions for the regulation of fluid trademarks. The risks of these marks need to be known by the companies before adopting the concept. This article also discusses the moral aspect of Fluid Trademarks, and their effects and relevance on the public at large, instead of limiting focus on the impact of Fluid mark on Companies. Legal circle should welcome radical thinking towards Fluid Trademarks.

Police system in India is attributed with a lot of responsibility and considered to be an important wing of maintaining peace, law and order. In addition, it is the department that implements the laws and rules at the grassroot level and thrives towards safeguarding the life of individuals in a society and their properties. Hence, the need has been felt every so often for proper training to the police personnel and the need to efficiently take care of all serious threats in the society is bestowed on to them. Also, the lack of legislations for the welfare of police organization add up to the plight. In this research paper, the gaps between the legal framework and practical outcomes of police training in India will be scrutinized in a way that practicable suggestions are put forth in order to improve and reduce the gap between the two.

The East India Company was the main company for trade and was famous for the same as well its ability to know the culture of the places the traded and later on posed the dominant position on them. English east India Company was founded on 31st Dec,1600 by John Watts and George White and The Dutch East India Company was created in 1602. Both the companies mainly traded cloth and spices. There goal was not merely to achieve success in trade but also to occupy a control. East India became successful in this and became the dominant trading power of the 17th and 18th century which helped in building of British Imperialism. The East India company understood that they can acquire the major power by controlling the agriculture especially in a country like India which is a rich source of most of the herbs, fabrics and much more. A similar kind of technique was used by Britishers in which they forced set of farmers of a particular place to indigo until the Satyagraha Moment broke.

The problem of child pornography on the internet and social media has increased during the pandemic. Nowadays child pornography is a vital crime as per internet is concerned. During the global pandemic hour and countries being in lockdown, people including both children and adults are spending more time online and excessive. By pornography we generally mean the depiction of any content, whether printed or visual, that contains manifest narration, demonstration or display of sexual activities, sexual organs or any other obscene material with an intention to trigger the sexual excitement of the viewers. We call it child pornography when children are included in the said activity. Although, merely a prefix has been added to the term ‘pornography’ in this case, but this little prefix increases the dreadfulness of this term horrendously. The words ‘child’ and ‘sexual activity’ together already sound so wicked, and then displaying it to people who are watching it to arouse their sexual desires only make it worse. Consequently, such deeds provoke the exploitation, trafficking and violence towards children. This is the reason that child pornography is considered so heinous. The child is treated as equal to God. In current generation most of the people are harassing and making some videos likes pornography, by using the innocent child.

Being in 20th century we are witnessing tremendous growth in terms of technology. And the pace of this growth is also increasing day by day. At present though we facing global pandemic we are stopping ourselves by evolving in using new technology. Presently Artificial Intelligence is becoming new buzzing word for technology sector. This technology somewhere replace human work by providing human intelligence. This growing technology has manifold aspect related to it. It will enhance the work quality by minimising man effort and could make their life more easier and comfortable one. AI is a huge area it can be widened in large scope and can working many sectors such as education, health, work place etc. These may raise issue with regards to human rights because these all are connected to day to day life of human where that can be interfere by the human machine. This human machine may cause human life by taking away their fundamental human rights as to work, freedom, equality etc. The study includes Indian perspective in this regard what are their position to tackle this era. In the present paper the researcher will converse on how AI and human rights contrary to each other in practical world. Especially they will take into consideration scenario of India, where they will study the present policy of the government and challenges going to be faced by them in this arena.

The research paper focuses upon the current status of sex workers in India. The paper explains the legal framework adopted in India and New Zealand for the working of sex work industry in the respective jurisdictions. The objective of the paper is to emphasize upon the status of sex worker’s right to health and understand how the criminalization of sex work industry impacts this right. The paper makes a comparative analysis of the approaches adopted in India and New Zealand to better comprehend the correct practices of legalisation of the sex work. Further, the paper aims to analyze whether the decriminalsation of sex work industry be beneficial in protecting the right to health of the sex workers. The mixed approach of decriminalsation and legalisation of sex work has been highlighted in the paper. Some practical suggestions have been mentioned in the paper for the upliftment of status of sex workers’ right to health.

India's new Mental Health Act 2017, which entered into force on May 29, 2018, specifically aims to comply with the United Nations Convention on the Rights of Persons with Disabilities and provide legally binding mental health care rights to more than 1.3 billion people. The main actions include (a) a new definition of mental illness and mental health facilities; (b) a revised "legal capacity" to provide mental health care; (c) “advance directives” that enables people with mental illness to guide future care (D) It is not necessary to be the “nominated representative" of family members; (e) Mental health rights and comprehensive social rights of patients with mental illness; (f) Establishment of government agencies to supervise services; g) Mental health expert group in-depth consideration of other issues; h ) Revised the procedures of "self-direction", "assisted guidance" (guidance and treatment without patient consent) and "minor guidance"; (I) revised handling, containment, and investigation rules; j) The de facto decriminalization of suicide. The main challenges involve allocating resources for mental health services and the new structures proposed in the legislation, the adequacy of seemingly more institutionalized care methods, and the conflicting effects of creating barriers for treatment. The debate on specific measures (such as banning electroconvulsive therapy without the use of muscle relaxants and anesthetics) continues, reflecting the need for continued collaboration with stakeholders, such as patients, families, and the Indian Psychiatric Society, despite these challenges. But the new legislation offers significant potential benefits beyond India but also applies to other countries that want to bring their laws into compliance with the United Nations Convention on the Rights of Persons with Disabilities and Mental Illness.

As one of the, most influential rock bands in history, Beetles left the world a legacy of great musics and fashions of the day. Numerous studies have been conducted about their music texts, but rather few have been done in the visual elements of the band’s contribution, which is an indispensable part of their artistic treasure.This study focus on the sleeve of two of their most successful albums:Rubber Soul(1965) and Abbey Road(1968). Through the application of semiotics framework by Roland Barthes, the research analyzes the signifier and the signified to solicit the implied cultural meaning of the layout. More specifically, this research tries to answer how this sleeve design successfully supports the aesthetical arguments of the band and the commodification of this album as music industrial product.

Plastic Pollution is one of the most endangered situation that poses a threat to marine life,The increased use of plastics has devastatating effects on the environment especially marine life. Even though some of the International Conventions have addressed the issue ,the Prevention of Plastic Pollution still remain in dark..Hence it is high time that strong international deliberations with stringent Rules and Regulations are framed internationally and it be adopted at National,Regional and loacal level thereby saving the Marine Environment from Plastic Pollution crises

This paper uses historical method to present a review of the musics in Philippines. Especially, traditional music, religious music, political music and popular music were discussed to show the profound musicing tradition of the people and the challenges they are facing in the modern era.

The paper is based on a detailed analysis of the basic traits of literature, Existentialism and music. Through the discussion of the relationship among these three components, the paper established the possibility of an intermingled relationship within. Moreover, through the example of successful Existentialist musician Sting, the paper confirms the Lyric Poetry, as a special literature genre, is important part towards a specific type of music: Existential Music, from Philosophical perspective.

Globally and locally in the Philippines, music has made a significant impact in projecting the shared experience of people expressing their political views and alliances. Music can be likened to a great catalyst to organize, unify and mobilize people into a common purpose. The beat of the drums (music) has this gravitational pull that can move people to listen. History is replete with how music has changed the political discourse, bringing to fore issues on racism, gender, democracy, and other matters related to the socio-political landscape of countries. The new world order is shaped by the so-called songs of the times, influencing how people stand up or stand down on issues affecting their lives. Music is the medium of expression and communication that enables people to flesh out sentiments on critical matters and push these issues to the forefront where people can act out their emotions. In the Philippines, music plays an integral part in any event, including that of politics. The political landscape throughout its post-war history has been shaped by the music of its times. Borne of influences from western counterparts, music has helped the Filipino's need for a national identity. It has allowed Filipinos to articulate his nationalistic sentiments in harmony, rhythm, and pitch.

It is the event that history will show every protest movement in any country or culture will give rise to songs of protest because they can organize and mobilize the masses. Whether it is silent or active revolt does not matter, but protest movements are birth amongst situations where there is oppression and the curtailment of liberties and freedoms. As in any art form where art imitates life, it can be said that birthing protest songs come from artists and musicians who see the reality, see the struggle, see the inescapability and futility of the battle, and pens an art and a communication tool to deliver the message to the audience to inspire action to change the situation. The author concludes that music is indeed a tool for unifying people. People need music not just for the aesthetics of it but more so to communicate the truth and allow discernment of injustices of the times. They serve to remind us that there is nothing impossible when people become united. Unity will enable them to tread the impossible path to pursue noble causes such as freedom and human rights. Protest songs will remain popular so long as people need to be united in one purpose. It is used to inspire confidence, boost morale, and serve as a beacon of hope amidst the uncertainty of the times and situations.

Existentialism exists in one’s relation to oneself and other’s. It also runs parallel to one’s belief on sexuality, politics and even religion and other external forces that surround him. There are variations or different systems of thoughts that reflect existentialism and these views contain the bare essentials or subjects that an individual encounters during the course of his life. This paper targets to evaluate the key figures in Existentialism and what makes them distinct as existentialist respectively that leads to a new paradigm of Existentialism as a whole.

Knowledge about marketing and management was presented and summarized by the black box model. This model explains how certain stimuli integrate together to produce a specific result, which is consumer behavior. This study explores the stimuli that are entered into the black box, or the human mind, that later lead to the formation of a certain level of consumer behavior. This was done in the context of the Philippine music industry, an artistic industry that was found resilient by continually surviving in the face of the change of time. Two hundred and eighty-four (284) respondents participated in a survey done in two music stores at the SM Baguio city, Philippines and descriptive statics method was applied in data treatment. This survey solicited information about the consumers regarding their self-identity, which represented the inner stimuli, and their attitude toward the environmental and marketing stimuli, which represented their outer stimuli. These stimuli were asked within the context of the music industry. It was found out that the respondents have different or varied self-identity but have a similar attitude toward the outer stimuli (environmental and marketing stimuli). By knowing who these consumers are can further enhance the service provided by music companies and later on, increase their revenues while fulfilling the existentialistic need of the consumer, which is to maximize the meaning in the way they buy music products.

Music always ultimately confronts man with the meaning of human existence that cannot be expressed in ordinary words, but sung, also through words, albeit full words that ‘revive’ man from profound vital afflictions. Nothing could be more foreign to the traditional temporality of music than an aesthetic that attaches chief importance to the present moment, favors discontinuity, and denies the teleological view of music, thereby severing the moment perception from both its past and its future. The predominant philosophical mode of this time is acknowledged to be existentialism, a view of life that the present moment is the nodal point of existence. It is in the present that existence is actual, most vital. The way to sense one’s existence is to charge each present moment with content and meaning.

The union of India is a cherished democracy and a state of pluralistic views. The soul of the nation speaks through the words of a constitution that seeks to establish it into an ideal benchmark for governance and reasonably restricted free speech. Through this paper, the researchers have tried to establish a balance between the need of the state to protect its interest and need of a citizen to express her views. It is difficult to gauge the stage at which oppression creeps into the mind of those in authority and even more difficult to ascertain the watershed moment when dissent loses its voice. Be it the liberals or the conservative’s government. The people shall forever stand to lose this battle of words and ideologies.

Pressure at workplace of police personnel has been widely studied in many literature and it remains a constant source of discussion even today as police personnel suffer from various negative stress-associated consequences. The long overdue makings aim at insulting police personnel from any pressure whatsoever, particularly, political pressure, separation of investigation from law and order, mental health of police personnel is of major concern, because the pressure police personnel behave in ways that are dangerous not only to them, but also to their colleagues, offenders and public at large, any concern for police personnel promoting. However, it will be incomplete, if it does not take into account the inhuman work culture which is ruling police personnel in India, The police personnel in India work under very severe constraints. The overall work pressure of police personnel, particularly of subordinate and middle rank officers is dehumanizing and DE intellectualizing. As a result, it will be a great difficulty to the police personnel to concentrate effectively to conduct qualitative investigation to prevent crime against women. The researcher has made an attempt to justify that the work pressure of police personnel has unsuccessful to prevent crime against women.

With the growing technology and massive corporations which are custodians to huge resources public as well as private the growth in white collar crimes is also witnessed. Though white-collar crimes are popularly known as victimless crimes because of their impersonal and non-tangible nature, it can be a harbinger of huge losses to economy and public confidence. Seeing the kind of effect white collar crime can have on an economy and public it becomes increasingly important to understand the crime in an exhaustive manner. The paper tries to analyses white collar crime, its conflicting definitions from different perspectives. After which the writer throws some light on the role of an organization in acting as a catalyst for fulfillment of motive of the criminal. The writer also discussed about the impact of white-collar crime and how it is different from its traditional counterpart and the penal provisions which are added in solving white collar crimes. Along with these types of white-collar crime and those recent cases related to white collar crimes are discussed. It is not just important to understand white collar crime but also find ways to curb growing nuisance relating to the crime the paper discusses measures which can be used to reduce white collar crime.

In India, abuses against animals are quite common, especially against domestic animals. Stray dogs, cats, cattle, etc. are subjected to inhumane cruelty by human beings. Though there are various legislations like the Prevention of Cruelty to Animals Act,1960 and Wildlife Protection Act 1972, they are not sufficient to check animal cruelty. Leeway in this legislation and also lenient punishments degrade the purpose of these acts. Necessary changes in the laws protecting animal rights will ensure the safety of animals as well as reduce the abuses against animals. Making the laws stringent is the only way to eradicate the inefficacy of our animal protection laws.

The International Humanitarian Law ("IHL") was carved into the body of International Law (IL) with the primary intent to strike a balance between military necessity and human rights. In pursuit of such vision, this concerned branch of law regulates protection of those who are not participating in the hostilities (the so-called "protected persons"). IHL, within its scheme, tends to protect the prisoners of war ("POWs") as well as consists of clauses pertaining to "hors de combat." The concurrent case is a milestone to be cited in the context of evolution of IHL as it was decided during the budding stage of the blossom (of the IHL). Prior to the signing of Additional Protocol II in 1977, there existed a vacuum in the realm of ‘established rules’ for the protection of prisoners leading to the widespread uncertainty. The significance of this judgment is engraved in the manuscripts of history as it set a precedent for courts of the Belligerents (here, Israel) to prosecute individual activists of the Occupied State (here, Palestine); oftentimes, considered a blot on implementation and interpretation of IHL. Thus, it may seem in the light of academic perusal that the existing loopholes in the early years of evolution of IHL enabled Belligerent authorities to sustain a hegemonic control over the political system of the Occupied State. By virtue of this case analysis, the authors attempt to analyze the decision to quench a query regarding Article 4(A)(2) of Geneva Convention III in the context as to whether it can be used to deny POW status to an individual of the Occupied State (Palestine).

The world that we occupy reeks of patriarchal repercussions that have led to a definite asymmetry in the division of power between man and woman. The victimization of women was a corollary of such a division. Many international instruments contain extensive provisions seeking to forward gender equality, but the fact is that it is yet to be attained. A major obstacle of this is gender discrimination. While the general definition for gender discrimination is a situation where people are treated differently because they are male or female, as opposed to on the basis of skill or capabilities, this menace appears in society as various abhorrent acts. Long-standing traditions, cultural practices, and religious customs are some of the most prevalent contributors to gender discrimination, but laws and policies also have a role to play. The fight for the protection of women and to provide them their rights was set in motion in the international front since 1888 when the International Council of Women was established while the League of Nations was active. Later in 1904, the International Women’s Alliance came about. These two organizations together lead to women’s issues being considered as one of international importance and the establishment of the Nations Committee of Experts on the Legal status of women in 1937. As the years passed, the United Nations came into existence, bringing with it an awe-worthy framework to aid in the protection of women’s rights. This paper analyses this framework, the major international instruments formulated, the Bodies of the UN that relate to this, and to also discuss the framework in action.

Migrant labourers in India have led a life of pain and agony since a very long time, For quite a few years their distress has come to the notice of the Government, and gradually laws were being made to improve their living conditions, but no effort of the government could combat their distress, the recent pandemic, made their situation more vivid, and the government is compelled to make new laws and implement them at the earliest so that the people who work the hardest for the betterment of the country can be looked after.

The principle of separation of powers is integral to the constitution of any democratic country. The principle advocates for a distribution of powers amongst the legislature, judiciary and executive, ensuring that the power vested into one department of the government is not absolute and corrupt. However, the key to successfully safeguarding democracy lies in the partial separation of powers amongst the three organs of the government. The organs have an intertwined relationship and are not completely distinct, creating a system of checks and balances. This system guarantees that each department is placed in check by another, restraining an arbitrary exercise of power. In the UK, such a partial separation of powers is encouraged through the courts and executive placing limitations on the legislature. However, the same cannot be said for India since the executive seems to allow the legislature to flagrantly abuse its power. Therefore, through this research paper, I aim to compare the ways in which the two legal systems adopt this key constitutional principle of separation of powers.

Successive Pakistani administrations have failed to protect the Ahmadiyya community's human rights and security. The criminal law expressly discriminates against religious minorities and specifically targets Ahmadis by forbidding them from "indirectly or directly appearing as a Muslim." Ahmadis are prohibited from openly expressing or spreading their beliefs, from erecting mosques, or from performing the Muslim call to prayer. Because of their religious views, authorities arbitrarily arrest, imprison, and prosecute Ahmadis with blasphemy and other charges. The police have frequently been involved in harassing Ahmadis and pursuing false accusations against them, or they have failed to act to stop anti-Ahmadi violence. The Pakistani government also encourages discrimination against Ahmadis. For example, all Pakistani Muslim individuals seeking for passports must sign a declaration expressly saying that they regard the founder of the Ahmadi community as an "imposter" and Ahmadis as non-Muslims. Pakistani laws targeting the Ahmadiyya community violate Pakistan's international legal obligations under the International Covenant on Civil and Political Rights (ICCPR), which Pakistan ratified in 2010, including the rights to conscience, religion, expression, and association, as well as the right to profess and practise one's own religion. The paper shall be discussing about the legislations as well as their effects on Ahmadiyya community in Pakistan.

In the era of increase in the number of cases involving police lawlessness, political anarchy, crimes and harassment against women, custodial torture and various other human rights’ violations, introduction of compensatory jurisprudence took place. The revival of the doctrine of natural rights among the nations is of great importance in the field of jurisprudence in the present scenario. This article would understand the need and object of compensation to the victims and would examine the existing laws governing compensation to the victims. This paper would evaluate the role played by judiciary in granting compensation to the victims. Compensatory jurisprudence is an emerging concept and it provides that victims of crime are not to be ignored and the offender been convicted must be aware of his obligation and liability towards the victims who suffered loss as a result of his wrong doings.

India is a country which is still grappling with the colonial inheritance of its laws, one of them is the Contempt of Court, particularly the criminal aspect of it. This article examines the ancient origins of contempt and its plausible incision in India and its present implications. The paradoxical approach by the judiciary in the application of contempt laws burgeoning from the perennial fears of losing its dignity and getting scandalized seems to be the cause of its continuance, posing a standing threat to free speech. We see judiciary sharing similar discomfort with free speech, though for different reasons, with the legislature and the governments. The endeavour of the article is not to cast aspersions on the motives of the judiciary but to erect a reflection showcasing contradictions in the laws, the patronizing reluctance of the courts in addressing them and the overall inessentiality of criminal contempt.

The Armed Forces (Special Powers) Act, commonly referred to as AFSPA has been a major tool for government to supress insurgencies and uprisings in the so called ‘Disturbed Areas’ areas of the nations which comprises different states and areas of North East such that presently, it remains operational in Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang and Longding of Arunachal Pradesh and the areas falling within the jurisdiction of the eight police stations in the districts of Arunachal Pradesh and bordering the State of Assam. It is undenied that such a legislation advances the need of maintaining the integrity of the nation which is of utmost importance in country as diverse as India. However, maintenance of integrity ought not be seen as an excuse to enact laws which are in blatant breach of legal principles of rule of law, Proportionality and natural justice which have also been given a Constitutional ratification as of today. It is highlighted that the Supreme court had an opportunity to take into consideration the legalities of the said act in the case of Naga People’s Movement of Human Rights v. Union of India but it proved to be a failed opportunity. Hence, in line with the same, the authors would deal with those provisions of AFSPA which seems to contravene to the above said principles along with taking into consideration the judgement of Supreme Court in Naga People’s Movement case to analyse the way supreme court failed to look at such provisions from a conflicting angle while upholding their validity. Furthermore, the Authors will also quote the various national and international committees which has analysed the act to understand their viewpoint as well.

The well-known and newly decided Novartis Glivec case flickered tensions about affordability of drug & the global protection of patent rights. This Article deals with India’s Section 3(d) of Patent law where we find a struggle to find balance concerning permitting patents that incentivize and promote innovation, regardless of the fact of not permitting the practice of “evergreening,” which could probably delay low price generic medicines from ever reaching and serving low income patients. Likewise, this Article settles to the point that the WTO Dispute Settlement Organisation would determine Section 3(d)’s efficacy standard to be an effective use of the elasticities of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that it must be taken as a suggestion to streamline TRIPS while talking issues about apprehensions about right to intellectual property. It is also established that notwithstanding the compatibility of section 3(d) by means of TRIPs agreement, it has been agreed that the words of the relevant section is insufficient as it there is lack of clarification. The act does not explicitly and unambiguously state the range of enhanced efficacy nor is there any sort of strategies stated in that consequence. And so it is imperative to modify the phrasings of section 3(d) to make straightforward the implication of improved efficacy. It is determined that Section 3(d) does not encroach upon the TRIPS order rather avoids frivolous patenting devoid of overlooking valuable as well as appreciated incremental improvements in pharmaceuticals and is precisely well-matched with TRIPS agreement.

Human rights are arguably violated in almost every corner of the world, but for them to be continuously violated over decades in a democratic nation might be considered rare. However, this is the exact scenario in Jammu and Kashmir. The violations spreads over heinous acts of torture, arbitrary detention, imposition of curfews with internet service suspension and countless more violations of human rights present in international law as well as the Constitution of India. Due to its controversial geographic location, the state faces tension from two rival countries and it is due to this very tension, that people in this region suffer. This article aims to explore the history of the violations, show which rights are being violated and how the abrogation of Article 370 which initially gave hope as a silver lining, merely turned into a dark cloud for many. It then goes on to explore the global perspective and display the varying opinions of nations. The article ends with a call, urging people and the government to take measures that help in reducing the tension of this issue in order to ensure that humans everywhere can exercise their basic rights.

Since time immemorial, the South Asian Region has had a striving culture of violence towards women. It frequently caused more deaths than actual war and other kinds of violent conflicts, which are generally granted higher attention by governments and humanitarian organizations. For instance, from 2011 to 2015, India documented more than 40,000 dowry-related homicides, which is far more than ten times the total number of casualties in the Kashmir conflict, the Naxalite struggle, and the Northeast India sectarian violence during that time period, including both genders. Recent statistics from The Asia Foundation-supported violence monitoring programs in Nepal and Bangladesh show that gender-based violence is the primary or second leading cause of premeditated killings in both nations, far ahead of sociopolitical or ethnic and religious violence. Therefore, this paper tries to reflect and analyze the core reasons behind the unfettered occurrence of this violence against a particular gender in the South Asian reason. Bangladesh will be the primary focus of this study due to its recent amendments in the laws against VAW, improvement of the socio-political status of women, participation of women in the workforce with the steady GDP growth rate, nevertheless, including the increase in the number of crimes committed against women.

Since our Independence, India has launched so many schemes to tackle the issue of malnutrition and also made rapid strides in improving the rates of malnutrition and also put efforts for achieving the Sustainable Development Goals (SDGs). But still, we continue to have one of the world's highest child undernutrition rates, impacting the child's health and development. Schemes and policies are not able to produce their full potential due to corruption and lack of transparency and accountability. Food insecurity affects the children because it affects their physical and mental growth. World has just experienced the biggest shock since World War II and Covid-19 has touched all segments of the population around the globe and it effects the world's poorest and most vulnerable sections of the society. It also highlighted the profound inequalities existing in the society. During these periods, children are at risk not only of infection, but they are also affected by the disruption of essential preventative and food essential supplies given by the government.

This article will provide a glimpse of the Tata – Mistry feud that shook the roots of the Corporate World in India with the sudden ouster of Shri Cyrus Pallonji Mistry as chairman and consequently as the Board of Directors of Tata Sons (Private) Ltd. It will further talk about the orders passed by the National Company Law Tribunal in favour of Tata Sons, the reliefs provided by the National Company Law Appellate Tribunal in favour of the Shapoorji Pallonji Group and finally the end of the turmoil with Supreme Court’s ruling in favour of the Tata Sons. This Article will also provide an analysis on whether the reconversion of Tata Sons from a public company into a private company was in sync with the provisions of Companies Act, 1956 (2000) and the Companies Act, 2013. It further states that TATA Sons was incorporated as a private company but became a public company not by choice but by virtue of Section 43-A (1A) of the 1956 Act. It is pertinent to note that the concept of deemed to be a public company in Section 43 A was removed by Act 53 of 2000 but it amended section 3 (1)(iii) by inserting an additional sub-clause, “(d)” along with sub-clauses (a), (b) and (c). The AOA of the Tata Sons complied with all the sub-clauses but not sub-clause (d). The 2013 Act reinstated the definition of the term ‘private company” under Section 2 (68). The AOA of the Tata Sons satisfied the requirements of Section 2(68) of the2013 Act. Therefore, continued to be a private company. The Supreme Court in the light of the above stated that the request made by Tata Sons for amendment of the Certificate of Incorporation and thereby the action taken by the Registrar of companies were perfectly in order.

The Right to vote is considered Fundamental to Democracies, millions of people are still disenfranchised, sometimes deliberately, around the world. The right to vote is not enforced or cannot be enforced by many groups of people which may include minorities, non-citizens, refugees, homeless, etc. The recent COVID-19 pandemic which led to a nationwide lockdown in India created such a situation where millions of people could not enforce or exercise their right to vote this group of people were the Migrant Workers. The Right to vote is enshrined in the Constitution of India. Article 326 of the Indian Constitution provides for universal adult suffrage however under the current ballot system a mass of people namely the migrant workers have been disenfranchised to that end the author has hypothesized that the Migrant Workers should form a separate class of voters and having proved that there is mass disenfranchisement of this separate class of voters we must reform our ballot mechanism by extending the system of postal ballots to solve the problem of disenfranchisement.

Despite falling under the category of anti-terror legislation the recent demise of Stan Swamy after a prolonged wait for justice, preceded by the incessant arbitrary arrests as per the NCRB Crime in India Report 2019 reveal how the Unlawful Activities (Prevention) Act 1967 (UAPA / ‘the Act’) gradually proceeds towards creating a human rights disaster in the name of national security. The provisions such as Sections 13, 15 and 43(D) of the Act restrict the freedom of Indian citizens and non-citizens in a participatory democracy as well as cause the inherent rights of a detainee or undertrial prisoner completely disappear from the context of criminal justice administration. In the present article, a critical analysis is hence conducted on the provisions of UAPA legislation with a view to assess its far-reaching impact upon the prison justice system in India.

The Hon’ble Supreme Court of India has recognised transgender as ‘third gender’. They have been granted various rights, including right to health. But our current healthcare system does not cater to the needs of transgender. Transgender face discrimination in healthcare system. Due to which, they visit unqualified medics which might result in severe health issues. The right to health cannot be exercised in oblivion. The barriers need to addressed and policies framed to make discrimination free access to healthcare system. Aim is to highlight the barriers that transgender face while accessing healthcare system and what are the reasons behind those barriers. The article is based on appraised peer-reviewed published articles and studies using scoping review and grey literature from few sources. The study, thus reveals that transgender face barriers at multiple levels while accessing health system. Due to these barriers the right to access healthcare services remain elusive.

Freedom and the right to live- does it entail all aspects of being free in a democratic country, including the right to express individual sexuality and gender identity? Isn’t freedom an illusion if individual expression is subdued or curbed? After decriminalisation of homosexuality in Section 377 of IPC, the next logical step should be legalising marriage between homosexual individuals. However, it is still a challenge posed to the queer community. Landmark judgements like Navtej Singh have set progressive and forward thinking precedents when the judges scrapped the homophobic interpretations of Section 377 on the grounds of it being manifestly arbitrary and violative of Articles 14, 15 and 21. Under the right to privacy and right to choose a life partner, the scope of the Constitution was interpreted to cover outside the norm of cis-het gender identities. The term ‘person’ includes individuals who are not just cis-gender and heterosexual. These are pretty forward thinking legislations. 29 nations like US, United Kingdom, France, including third world countries like Argentina have facilitated gay marriage rights and the privileges that come with them, such as adoption, IVF for lesbian mothers. Forward thinking legislations propel the State forward, and immensely help in changing public opinion for the better. It is time for India to follow in these footsteps and make positive change. For far too long the LGBT community faced oppression, police atrocity and social stigma. Let this be an apology for decades of mistreatment and disrespect meted out to them.

Islam makes payment of Mahr as obligatory and rightful demand of Muslim women from her husband. It is wholly immaterial whether the amount of Mahr is mentioned in the marriage certificate or not. It is to be compulsorily honored by the husband as the mark of respect and reverence for his wife. The main objective of Mahr is to provide protection to the wife against the hasty and arbitrary practice of pronouncing divorce by the husband. Mahr is revolutionary right adopted by the Islamic law and provided to the Muslim women which vests her with the property rights However, social practices vary and differ to the large extent from the provisions of law which further coupled hardships on Muslim women social position. The research paper discusses the concept of Mahr and elucidates whether payment of Mahr is legal obligation on the part of husband or rightful demand of women. It seeks to explore different aspects of Mahr in reference to balancing the argument between rightful demand of Muslim women and obligation on part of her husband and what are various rights under which women can claim the amount of Mahr and other entitlements.

In developing countries, solid waste damps are doing havoc on the environment. Improper solid waste disposal has a huge negative environmental impact which can be observed all over the developing globe. Despite the fact that service levels, environmental effects, and costs vary widely, solid waste management is likely the most important municipal duty and serves as a necessity for other municipal acts. As the world rushes towards the development goals, solid waste is one of the most crucial by-products of an urban lifestyle that is expanding even faster than the rate of urbanisation.This article deals with the idea of prevalence of community trash reduction and waste separation procedures is substantially linked to a community's sense of cleanliness where the conclusion implies that by promoting a favorable environmental image and performance within a community, residents will become more engaged and push for sustainable SWM practices. Proper garbage collection, treatment, and disposal are the major challenges that needs to be focused on for a long-term sustainability.

Traditional knowledge is the knowledge, skills, and practices that are established, maintained, and within a community, passed down from generation to generation and which are often integral to the community's cultural or spiritual identity. Because indigenous people have protected and maintained most of the world's biodiversity, traditional knowledge must be preserved in order for the environment to be conserved and developed sustainably. It is critical to be aware of genetic resources and other bio-resources in order to preserve and conserve them. Bio-piracy lies at the base of the dilemma of traditional knowledge protection. Bio-piracy occurs when traditional knowledge is commercially exploited without the consent of the indigenous or local peoples who own the knowledge. India needs to embrace a balanced and diverse strategy as it moves forward in the twenty-first century to become a global area. The marginalized and vulnerable indigenous populations, which make up about 10% of the total population, play an important role in this regard. Their ancestors' expertise can be used to infuse the ethics in a variety of areas. In post-covid 19 circumstances, where the world is rapidly depleting its natural resources, promoting traditional knowledge (TK) could become an endeavour for their regeneration. This paper discusses the basics of traditional knowledge, how it can be protected, international conventions and role of intellectual property rights with respect to traditional knowledge.

Social network has become a necessity in today’s era. It is very difficult to separate oneself from its influence. We cannot deny the fact that the social networking has not only become a part of our life but also but lives seem to revolve around the social network. Hardly any men can resist themselves from checking their messages or viewing the status updates after two minutes or two. The process of social interaction is deteriorating day by day. Social networking is very broad source of information and communication butat the same time it can be misleading. At the end its our choice which path to be chosen. Despite having positive role, high use of social media has severe negative impact on the men in general and the youth in particular. Around 60% of the parents do not monitor their teen’s engagement in social network accounts. They themselves are in dilemma about how much is the screen time. Most of the parents are unsure about how to provide appropriate guidance of proper use of social network to their kids. It is very interesting to know the impact of social network over the youth and this paper mainly focuses over it.

In any nation there are probabilities of having external or internal aggression or wars which might hamper the peace of a country by breaching the security of the entire nation or particular state or will cause a hindrance to the daily activates of the country creating a sense of chaos. In order to avoid a state of belligerency among nations and to protect the internal peace and harmony of the county by also making sure the government gets the support of its citizens, many nations have come up with concept of emergency in their constitution. There arises a need to comparatively study the emergency provisions and situations in each nation and decide which emergency provision has been successful in tackling situations such as war and internal aggression by also protecting the rights of the nation. The research paper on the topic “Emergency provisions of Indian, Pakistan and Weimar Constitutions” was taken with the intent of comparative analysing the emergency provisions in the countries of Pakistan, Weimar and India. The research paper will discuss the history of emergency provisions, the situations in the countries under which an emergency can be declared, the provisions dealing with emergency provisions in the countries, the impact of the emergency provisions on the nations, concepts such as political policing. federalism and emergency provisions etc. The paper also lays emphasis on the judicial interpretation of emergency in India, Pakistan and Weimar.

The islamic faith has been known to be divided into numerous sectors within themselves, so much so that it has traversed into the realm of the imagined. In our study of how the effects of supernaturalism linger on the ordinary as well as best of minds, we came across a sect that walked on the thick line of contradictions and had to be hammered down with the method of deconstruction. The aim of the paper is to align the canonical islamic texts and thoughts with that of the Babism sect, and with deconstructive methods find out why this sector had such a short run and it's claims which took inspiration from the imagined made its way yet to the Iranian tribunal meetings. The deconstructive method inspired by Jacques Derrida shall allow us to do a close reading and analysis of this faith without ourselves divulging into biases. By the end of the paper, we will have established the effect that the unseen may have on our minds, that divinity will always be sought even in mortality and that sectarianism may hold on its values of finding the real interpretive truth but all divisions are not enlightened ideas but claims of heretics and the influenced.

Public health is considered main factor not only at national level but as well as at international level, so basically this paper contained about the importance of general public and how the law and legislation continuous work towards resolving this issue. For the health of public the public health acts was also enacted that is to deliberate the duty to the every local authorities to safe and Protect the health of people in their area. This act mainly focused on protection on health of each and every person. In this paper we have also emphasized upon how the environment also effect the health of person and how there is negligence on the part of me medical staff. Corruption is the factor which also less the effect of every laws because of corruption the money for the health protection of is not properly used that’s why the environment of government hospital is dirty and not safe. At the time of pregnancy many women have lost their life because of lack of. Facilities and safe atmosphere. So this is how the hospital atmosphere is sometimes being dangerous for health of human being. More and more deforestation is badly effect to our environment and the now people are more decline towards rural area and more person shirt to the rural area and is also effect the health because as much person go to rural area there will be there house and motor vehicle so that is more polluted to our environment. This is some of the reason which badly affect the health of public. This paper is mainly emphasized to the health of public and their related laws and legislations.

The only difference between the word ‘humane’ and ‘inhumane’, is the use of ‘in’ at the beginning and if such migrants, refugees and immigrants are never ‘in’ the territory of the European Union (‘EU’) and its member states, then such practices will always be deemed to be humane. The paper seeks to examine and analyse the themes and that still hold true and are relevant to the present public discourse, concerning the New Pact on Migration and Asylum. The treatment by Greece of the thousand migrants who were abandoned at sea, the destruction of the Moira refugee camp at Lesbos, brings to light the inhumane EU immigration laws and deportation programme. Themes such as setting up of targets with respect to the number of illegal refugees to be expulsed or deported, the increasing influence of nationalist sentiments by nationalist and populist parties in enabling and implementing such measures, the use of force in the process, the dangers that such people face once returned and the impact of such policies on children will be discussed in the paragraphs to come.

Euthanasia and its legality have been a topic of controversy for a long time , since it includes the deliberate termination of an individual’s life. One of the basic fundamental rights given to us under the constitution is the Right to Life. But if a person id given the Right to Life then what about right to not live. ‘Right to Life’ includes right to live with dignity therefore it should also include the right to die with dignity. The verdict given for Common Cause v. Union Of India paved the way for passive euthanasia. The issue surrounding euthanasia is anything but simple. It involves moral, economic, ethical and societal aspects.

The concept of the Dying declaration is based on the principle of Nemo Moriturus Praesumntur Mentire, which means the person who is going to die, or he is expecting that he is going to die will not lie at his deathbed. It is the settled principle that the person would not lie at the time of his death, and therefore the statement made by him at that point of time will be admissible although the same is the part of the hearsay evidence. The Dying declaration is the hearsay exception that everyone loves to hate. The dying declaration is an exception to the general rule against hearsay. The grounds of admission are first, the victim is generally the only principal eye-witness to the crime; secondly, a sense of impending death creates a sanction that is equal to an obligation of an oath. A man would not like to meet his maker with a lie in his mouth. The requirements of oath and cross-examination are dispensed with . Though a dying declaration is not recorded in the court and nor is it put to strict proof of cross-examination by the accused, still, it is admissible in evidence against the general rule that hearsay evidence is not admissible in evidence.

Cross-Border Mergers are the best way for a company to expand its operations by way of extending business oversees as not only does this give the merged entities a wider customer base in an untapped market it also increases the amount of market capitalised by the merged entity. It also saves the entity the cost of research and development that is required in bringing a product to the market. It also allows them to reap the benefits of the goodwill that the other entity might have in another geography and hence saves them the cost of promotion. The due diligence must entail an extensive financial analysis as well as an analysis of the cultures. This is of utmost importance as the entities will exist as one and cultural differences will make that difficult. The compliance of a merger occurring with an Indian company is extensive as it attracts the jurisdictions of a wide variety of regulatory bodies as the scope of the impact such a merger has globally is astronomical. The Competition Commission is involved as it is responsible to ensure free trade practices. The SEBI intervenes as it is the security regulatory body in India, and it lays down guidelines for this type of combination. All sanctions are received through the National Company Law Tribunal, and it is at liberty to recommend changes, approve or deny the scheme of the merger in order to facilitate the smooth functioning of the merged entity.

Mental wellbeing of children depends greatly on the ability to have valuable experiences during their formative years. With the advent of the Covid-19 virus last year, the formidable circumstances of online education have come to surface. The aim of the article is to shed light on the psychological impact of children due to lack of access to education in times of lockdown, alongside highlighting the state’s obligations towards making education available from a legal viewpoint. The authors have collated stats around the current scenario in the country indicating towards deprivation of basic opportunities for children. Isolating at home and quarantine during the course of the pandemic were found to be interlinked with psychological disturbances in children. The shift of education to an online mode has reiterated the need to view students’ welfare through a well-rounded lens. It is essential to take note of the fundamental rights of the young children and the duty of the state to provide required assistance to aid their education and health, as prescribed by the Indian Constitution. There are also accompanying predisposing factors like undernutrition, existing disabilities and lack of infrastructure that contribute to the high likelihood of the hardships of children. Towards the end of the article, few recommendations have been enlisted that may prove to be conducive in providing psychological support to children during these unprecedented times, and the various schemes launched by the government to provide access to quality online education to the students.

There is hardly any country in the world that does not have minorities within their territories. Although there is no accurate statistics, the UN estimates suggest that 10 to 20 percent of the world’s population belong to minority groups. In most cases minorities are the most disadvantaged groups in the society. They are often subjected to discrimination; exclusion from power; denial of dignity, identity and culture. They are also excluded from meaningful participation in public and political life. Even in this modern age, cases of genocide targeting minorities are also reported. Although protection of minorities has been one of the oldest concerns of International Law, the need of their protection has never been as urgent as it is in our times. This research paper aims at putting light on the rights of minorities under International Law by inspecting the chronological development of the same.

Creditors, in common parlance, can be termed as any legal entity who extends credit by giving the permission to another entity to borrow money with an intention to repay the same in the future. They play a crucial role in keeping the company in a good condition. They are the sole functionaries of the company who give them the credits to maintain their business. By the righteousness of loaning cash by the creditors to the company, the company becomes indebted to them and subsequently is under a commitment to take legitimate consideration of the creditors' enthusiasm. Earlier there were no such establishments that give alleviation to the creditors whose cash is being associated with the company that falls flat. Many times it was also seen that the company, in the wake of taking cash from the creditors, disappeared without restoring the due cash to the creditors. Such acts on part of the companies render misfortune to the creditors. Hence, to regulate such acts and secure the creditors, there are numerous enactments that have been authorized by the Indian Government. These enactmentshave made it feasible for the creditors to guarantee their cash once more from the company. Consequently, in today’s time, a company which cannot reimburse the due sum to the creditors can't take the reason of being wiped out. In this paper, the Author tries to explore the eclectic ways by which security is stood to the creditors of a company and furthermore view the different arrangements that assist the creditors in understanding their credit. The Author further aims to highlight a few judicial remedies and precedents at their aid among which the Swiss Ribbon Case of 2019 is held as a Landmark Citation in the field of company law and insolvency code respectively. For this paper, the Author will be adopting the doctrinal method to proceed with his research work. Primary resources the Author will be referring to in the course of his research work will include books, journals, law reports and cases. Other sources like articles published in online journal and the similar will be accessed online through the use of online databases.

We live in an age where it is easier to get information within seconds on any topic. The electronic media is filled with information related to adoption making it seem very simple and easy but in reality the scenario is different. The procedure for adopting a child in India is a protracted struggle therefore resulting in low adoption rates. The low adoption rates are also due to the stigma related to adoption. In India people are not very open minded when it comes to adoption. With the ongoing pandemic, people are aware about the physical consequences of corona virus which has increased covid fatalities leaving Lakhs of children orphaned, globally. This has made the orphan children vulnerable to illegal adoption, child trafficking, kidnapping, child labour and also in many cases leaving them unattended or disowning them by relatives causing them grievous mental trauma. No place to go, many children have committed suicide. Also after adoption, in many cases it has been seen that the children are not treated properly increasing the child's suffering. This article will highlight the issue involved in adoption and will also suggest some points which if followed could improve the life of orphan children. The government should look into the grievances of these orphan children and should expedite the procedure for adopting a child in India. The work of the government should not be stopped once the adoption takes place, it should keep a follow up to certain age about the conditions of the children adopted.

One of the major fact that sexual assault took place in all socio-economic society. Sexual Assault is a major public issue and social problem in the developing country like India and worldwide. It can be defined as unwanted sexual contact with any person of any kind. In India sexual assault is prompting against the teenagers, pushing them in the world of darkness. The victim of sexual assault is not limited to the girl child but it also occupied the male children in a large picture. other forms of sexual coercion directed against boys take place in a variety of settings. There were few data where sexual assault victim came forward and speak up for themselves but in most of the cases they have been guided to shut their mouth up for the sake of family’s reputation, or fear of boycott from the society. Violence against children has increased exponentially, requiring greater intervention to meet the challenges. It violates the rights and the dignity of the child and robs the joys of childhood, result into a bane. It reflects, how collectively we people has failed to take action against this scourge and also failed to create a safe place for the children to flourish and thrive. In this research paper I have discussed how the sexual assault turns a bane to the children by discussing the several topics like the legal definition of sexual assault, types of sexual assault, Data of sexual assault in India, who all are the offenders, Reasons behind the growth of sexual assault in India, Reactions of parents after the disclosure, consequences of sexual assault, Existing provisions, and loopholes of the existing provisions and the conclusion.

“Today, being the biggest developing countries in the world, China and India are both committed to developing their economy and raising their people's living standards’’ ~Li Peng The last six decades of India-China relationships have been replete with instances of suspicion, hostility as well as antagonism which used to be earlier marked with bonds of mutual mistrust, friendliness and cordial atmosphere. The challenge has always been to bridge the differences of opinion from both sides and devise a common consensus that both of these growing powers of the world can adhere and agree to. One shouldn’t presume that Beijing and New Delhi have always been on the opposite poles of the spectrum as serious attempts have always been made to facilitate discussion and promote diplomacy in its truest essence. From Panchseel Agreement of 1945 to the recent Galwan valley violence of 2020 - do these countries still believe in ‘ dialogue for peace’ as the belief that Ministry of External Affairs hold or has– Hindi- Chinni bhai bhai period already becoming into Hindi-Chinni bye bye period. While promising a stable bilateral relationship it is imperative to note how cross cutting sensitive issues of border dispute, country contours, diverging projections of geopolitical interest, security ties with other powers, close affiliations with Pakistan and the United States forces us to look at multiple vantage points in this already complicated affair - thus raising the burning questions whether as INDIA and China both take over the world stage are they willing to ‘confront’ and ‘ concile’ ?

Counterfeiting of medicines and money are one of the major issues which affects economy at large. A counterfeit medicine or drug is a pharmaceutical product that is manufactured and sold with the goal of misrepresenting its origin, validity, or effectiveness by using the incorrect or non-existent active component. These are the global issues which not only affects in a direct manner but indirectly as well. counterfeiting of medicines is a growing phenomenon which has to be critically analyzed because this is the major issue which leads to numerous health problems and the area of my concern which I want to show through my research is the problems related to the trade as a violation of intellectual property rights by supporting the case laws related to medicine counterfeiting. In this research paper, I will be highlighting some initiatives taken by public and private sector to overcome such problem, the roles and functions performed by the pharmaceutical society which commonly includes pharmaceutical manufactures, wholesalers, retailers and entire chain. Last but not the least, in this paper I will be addressing the question that why do people buy counterfeit drugs and why does intellectual property protection matter to the pharmaceutical industry.

The outbreak of COVID-19 across the globe, including India, has laid importance on the immediate adoption of measures to make sure everyone is following social distancing so as to prevent spread of the virus. Courts around the globe have adopted measures and protocols to reduce the requirement of physical presence of lawyers, litigants, court staff etc. in courts to make sure that everyone can have access to justice while also staying safe. Access to justice is important to preserve the rule of law in any country. The challenges that have aroused by COVID-19 have to be found a solution to while also making sure that justice is delivered efficiently and every individual has access to justice. Hence, the author in this paper discusses and analyses the measures taken by Courts to respond to the COVID-19 pandemic effectively while also preserving the rule of law.

Whether Regional Trade Agreements are strictly economic and political in nature? Whether Regional Trade Agreements (RTAs) does produce any legal challenges? Whether the sudden escalation of RTAs in past few decades brings challenges to the legitimacy of multilateral trade and the World Trade Organization (WTO)? Whether RTAs are trade creating or trade diverting in nature? This research article seeks to clarify the legal challenges posed by rising number of RTAs on multilateral trade, agreements and institutions related therewith. Legal challenges that RTAs have brought have not received the equivalent attention that political and economic challenges are receiving. RTAs can never be seen strictly through political and economic lens in isolation from international trade law. RTAs are an exception to the principle pillars of contemporary international trade law i.e principle of most- favoured nations (MFN) and the principle of non- discrimination (ARTICLE III:GATT) enriched under several agreements of WTO. A periodical legal scrutiny of RTAs is necessary in order to analyze challenges RTAs have posed to multilateral trade. Several legal scholars have criticized RTAs “as an escape route to WTO agreements and laws”. Primary objective of research article is to explore the jurisprudence of RTAs/custom unions (provided under ARTICLE XXIV:GATT, ARTICLE V:GATS) in order to navigate the loopholes in RTAs which can be a challenge to the legitimacy of contemporary international trade law. Furthermore, research article aims at concluding sincere suggestions and recommendations for bring about a balanced relationship between multilateral and regional trade in order to strengthen global cooperation and development.

The Civil Services are one of the most important cog in the machinery of the Indian ‘system’. In a country full of extreme diversity and social-cultural variations, the civil services, right from old times, have managed to maintain order within chaos. As the nature of politics and organisation of society and government changed over several years, it became imminent for the bureaucracy to reinvent itself as well. This reinvention was, in India’s case, in the hands of the democratic government – the same that granted the bureaucracy protection through Constitutional provisions when India became an independent nation. This study is particularly based upon the Second Administrative Reforms Commission Reports and looks into recommendations in the area of autonomy, accountability, tenures and training for the civil services. This study will provide avenues for delving further into the politics of the reformation process, and what are the possible influencing factors.

Studies have revealed that several managerial concepts or aspects has helped in growth of manufacturing companies in India. One of the most interesting and important aspect of management concept attracting manufacturing companies is the concept of implementation of lean six sigma which is a method that relies on a collaborative team effort to improve performance by systematically removing waste and reducing variation has also grown in manufacturing industries. Though it is evident from various studies and reports that lean six sigma concepts are used in the industries for the purpose of controlling waste and curing defects, the effect of the same is still unknown. As a result of which the real nature of lean six sigma is unknown and a natural question arises as to whether there is any form of benefit in applying lean six sigma in industries. In various other countries the effect of six sigma and its consequences after application has severed them in a better way, but in India this is uncertain or couldn’t be determined as the effect is still unknown to individuals. Therefore manufacturers are unaware about the effect of implementation of lean six sigma and are in such position to recommend it to others, therefore this research is carried out with an aim to identify the effect of lean six sigma in Manufacturing industries under operational performances. With the help of non probability convenience sampling it could be found out that there is a positive effect of lean six sigma in manufacturing industries under operational performances, with the help of chi square and correlation tests. Thus the study recommends that manufacturing industries must follow immediate effect ascertainment of lean six sigma or any process that is been applied in the manufacturing sectors

This research paper examines and analyses the public policy defense regarding refuse recognition and enforcement of foreign arbitral awards. This defense is regulated through several enforcement conventions and laws, particularly New York Convention on recognition and enforcement of arbitral award beside the UNCITRAL Model Law on International Commercial Arbitration. Public Policy term is controversial as there is no uniform definition of the term. Different states have different meanings for ‘public policy’. Therefore, if enforcement of an arbitral award is refused in one country because of public policy considerations, it might be necessary to find another country that does not apply the public policy exception. The purpose of this study is to examine and explore the role that public policy plays in the international forum, as it affects the practice of international commercial arbitration. This research will be divided to four chapters. In the first chapter, it will briefly explore the background and meaning of international commercial arbitration and its legal framework. The second chapter will explore and discuss the role of enforcement conventions and the model law that covered public policy. The third chapter covers the public policy exception and examines the concept of public policy as it applies to international commercial arbitration. It will also discuss critically the application and impact of the public policy defense in arbitration based on many cases. Finally, the fourth chapter will be the conclusion. Overall, this paper is an attempt to trace one ground of refusing foreign arbitral award and thereby to reach satisfactory conclusions.

It is impossible to define diplomacy without doing so in terms of communication, for the latter is a necessary requirement for the performance of the same. Diplomats represent an entire nation and its people, and hence try to minimize misunderstandings by carefully regulating their language, actions, self-presentation and identity management so that harmony can be maintained in the intercultural communication between the involved negotiators. In this paper, I have attempted to derive connections between various concepts of human communication and their importance in the diplomatic arena, so as to view how interconnected and dependent all these concepts are. Multiple examples have also been presented in order to elucidate the concepts explored. The purpose of this paper is to explore how the performance of diplomacy is centred around communication between agents from various cultures, and how this intercultural communication influences the formation of perceptions, relations and reputations of the nations involved. It also looks at how diplomats perform self-presentation and identity management in order to control others’ perception of them and build better relations between nations.

In simple terms, the policy undertaken by the apex bank for regulating the supply of money in order to maintain economic stability keeping into consideration the process of economic development and interest of the public is called monetary policy. The purpose of this paper is to very intricately present an understanding about the monetary policy tools that hugely impact the economy on a major basis by affecting the inflow and outflow of cash based on various measures or instruments that the monetary policies consist of. Over the years the functioning of the economy has always been for credit creation which would eventually lead to the economic growth and development of nations. It is also extremely essential to create an understanding of the whole agenda of interdependence of various monetary policy tools and GDP on each other. GDP, is solely the only variable that has the most impact on monetary policy tools because in a very simple sense GDP is the monetary value of goods and services produced within a country during a year as it determines the demands and supply of citizens. Thus, analysing the monetary policy tools of India and the USA using correlation would give a complete comparative study for both the countries for over a span of 20 years.

In the global value chain, Free Trade Agreements (FTAs) play a critical role. In the meantime, these are upsetting the global environmental equilibrium. Not only is global trade increasing at a rapid pace, but global industrialization, which is linked to trade and regional economic development, has resulted in serious degradation of the environment. As a result, this research aims to provide a broad overview of the major issues surrounding economic relations between environmental and trade policies and basic concepts of free trade and their subsequent impact on the environment. Such a review is required due to the stresses that the rapid pace of globalization is exerting on the environment and trade. The data is collected through various secondary sources such as law journals, newspapers, magazines, books, etc. The data analysis yields conclusions, and the necessary recommendations are made. When Free Trade Agreements are between solely developing or developed nations, there is no aggregate environmental harm but when developed and developing countries reach an agreement on trade, however, overall environmental quality suffers as a result of higher Greenhouse Gases emissions.

The Prime Minister of India, Narendra Modi stated that ‘Dignity of labour has to be our national duty; it has to be a part of our nature’, and on these lines, the four broad codes on Social Security, Wages, Industrial Relations, and Occupation, Health, Safety and Working Conditions have been passed by the Ministry of Labour and Employment. The current research paper exclusively focuses on the Social Security Code, 2020. Apart from the salaries received by the employees, it is a stated fact that employees must get the benefit of certain social securities like Pension, Maternity Benefits, etc as this increases employee commitment, loyalty, and satisfaction. A total of 9 legislations were amalgamated and the new code is quite elaborate in nature. There are total 14 chapters in the code. The paper discusses all the chapters along with the salient features of the entire code. The researcher then points the differences between the old legislation and the new code. Further, after analysing the standing committee report, international legislations in this regard as well as briefing out Gender sensitive reforms, at the end of the paper, there is a mention of Suggestions and Recommendations. The researcher has indulged in a detailed doctrinal research to come up with the potential solutions to the lacunae present in the Code. At the same time, the fact that the legislature consolidated the legislations after improvising on it shows a glimpse towards a newer India which does not only favour and protect the elite class but also smiles at the labour class. Last but not the least, this paper was made during the researcher’s internship with the Women's Indian Chamber of Commerce & Industry under supervision of Ms. Umang Pathak, National President, Legal Awareness Council, WICCI. I thank them for the opportunity and the support.

Arbitration has emerged as a leading substitute to litigation for resolving disputes and unlike litigation, arbitration is private in nature. In this paper, we take a brief foray into the emerging challenges to confidentiality in arbitration which have been brought to light in the recent Amazon – Future Group arbitration dispute, analysing the ways in which the principle of confidentiality can be protected in the future. The paper begins by discussing how the law applies to confidentiality in both domestic and international arbitration, followed by the threats it faces in the near future. The paper then proceeds to unfold and discuss constructive suggestions for the implementation of confidentiality in arbitration disputes in such circumstances.

In the last two decades, the importance of Corporate Social Responsibility (CSR) has grown dramatically. Organizations have realised that their CSR investment has long-term benefits in terms of brand creation, the customer base, and goodwill, among other things. CSR as part of an organization's approach is becoming more and more brazen. CSR was not discovered overnight. It has been practised in various ways since the dawn of time. The meaning of CSR, as well as its meanings, grew over time. Many other words are used as synonyms with minor variations, such as corporate citizenship, environmental responsibility, and Corporate Social Performance. The aim of this paper is to better understand CSR's development and present trends. This paper studies the past of CSR and establishes a relationship between CSR and the organization’s approach towards it.

Last year in December while deciding an investment dispute related to the sovereign right to tax, a PCA tribunal at The Hague, ruled in Cairn Energy's favour an award of $1.72 bn. against India. However, India is determined to protect her sovereign right to tax and vowed not to accept the arbitral award. In these circumstances, the British Oil giant Cairn Energy Plc. has started locating Indian assets in different countries and moved courts in several jurisdictions under the international treaty for the enforcement of the arbitral award. It is reported that Cairn Energy has registered the arbitral award in more than ten countries including the US, France, the UK. Recently, a Paris based court has ordered to freeze Indian government assets valued at around $20 mn. In this background, I will argue that how far the doctrine of state immunity help India to protect her assets in foreign countries.

In the contemporary scenario of modernization and globalization, organizations rely heavily upon technological advancement and innovation in the field of Information Technology. Human resource information system or human resource management system is basically an intersection of human resources and information technology through an HR software solution. Human resource information system is not a new concept, but it is maturing day by day with changing environment. Implementing an effective human resource information system can be a win-win situation for HR to stay ahead in its bid to deliver more effective and streamlined service. The common perception is that HR is more administrative and bureaucratic and less innovative in functioning. HR professionals are not aligned with the business strategy and lack analytical skills. Today HR organizations are moving away from a ‘service provider’ role to become valued talent, design thinking and employee experience consultants. Businesses have recognized that they need data to figure out what makes people join, perform well and stay with an organization; who will likely be successful; who will make the best leaders; and what is required to deliver the highest-quality customer service and innovation. HR is becoming an innovative consultant with a broader responsibility to design, simplify, and improve the employee and candidate experience. With the digital HR, organizations can enhance and transform the employee and build the talent leaders as per the organizational needs.

Under an inclusive framework for tax base erosion and benefit transfer as agreed by the G20 countries and the Organization for Economic Cooperation and Development, nations are considering the adoption of a global minimum corporate income tax for taxing multinationals based upon ‘Pillar Two’ proposals that are relevant for taxation for a globalized world in a digitalized era. The basis of the two pillars approach is the re-allocation of an additional share of profit to the market jurisdictions and minimum tax. The article provides a detailed analysis of the new two-pillar program aimed at reforming international tax rules and ensuring that multinational companies ought to pay a fair share of taxes wherever they operate. This article takes India as a case study and focuses on analyzing the proposed global minimum corporate tax.

When it comes to the environment and our lifestyle choices, all of us would choose to live the way we are even if it is to be at the expense of the environment. Humans are all aware of how destructive our activities have become for our very first home, the environment but is there enough being done to curb the issue? Is the arena of green politics shown interest in as much as other areas of politics? Has the Global North-South divide of the world caused any differences in opinions and demands on environmental conservation? But the major debate is about how difficult it is to stop globalisation since it has brought the world where it stands right now in various aspects of development and connectivity, and is stopping globalisation the only way forward? There are, obviously, two houses in this debate and somehow both of them agree on conserving the environment. This paper aims to understand how green politics works towards saving the environment and how far has global governance been successful in creating an arena for environment conservation.

Since time immemorial, rights for the LGBT community in India have been a constant struggle; there have been victories and losses, and the constant trials and tribulations they face are nothing short of remarkable. Section 377 was altered in India in 2018 because it violated India's constitutional morality between consenting adults, but despite how monumental it was for the LGBTQ community, India still has a long way to go to protect the LGBTQ community and their rights; they face challenges across the board from schooling, housing, work, public spaces, marriage, and so on. This article will go into detail about the challenges that the community faces, criticisms of the laws and acts that have been enacted, and recommendations that will help protect the rights of the LGBTQ community.

Death penalty as a capital punishment is an irreversible, uncivilized intolerable violation of a human right to life, sanctioned by the state. The framework of prison, judiciary, as well trials is instilled in a civilized society to protect the society and to reform the lawbreakers into law abiders. The state by imposition of death penalty upon the criminals gives itself unduly excessive power to take away a life and thus is extremely inconsistent with the constitutional values that are embedded in our democratic system. The death penalty in India is awarded on the basis of the doctrine “Rarest of the Rare” so as to ensure that the justice is served in cases where the crimes committed against the victims are too brutal and heinous, however in determining what cases and circumstances constitute rarest of the rare brings about lot of arbitrariness. The paper provides an insight into how the capital punishment was first imposed in India with reference to landmark judgements and cases and how it has evolved to be imposed today. The paper also seeks to answer if imposition of capital punishment is morally justified as it is a gross violation of a human right to life.

Organisation is under the constant pressure to grow with the changing market and increasing completion but less than one quarter of merger and acquisitions are not able to achieve the desired financial objective. There are different stages of merger and acquisition in which due diligence plays crucial role in the success of the deal. The due diligence provides essential information that can be used in negotiating the deals, determining the price of the bid and making any new recommendations. With due diligence the companies can tackle the risks involved in certain deals and make the M&A effective and successful. The ultimate goal of this stage is to make sure that there are no hidden drawbacks associated with the transaction. With this a proper strategies can be formed and the acquiring companies will be well aware of every liabilities associated with the target company. In this article we are dealing with the due diligence in light of its characteristic to foresee the future harm and to determine the shortfalls of due diligence in non disclosure of agreement and takeovers. Further we are dealing with the importance of environment due diligence in current times. EDD’s purpose is to issue an opinion of compliance with environmental law, to calculate the costs of detected environmental liabilities and to reduce the risks of legal disputes and how the emerging issue affects our daily life. Moreover this paper assesses whether the COVID-19 pandemic, how government responses to it and what were the actions taken by companies in relation to both constitute a “Material Adverse Effect” (MAE) under a particular MAE clause in a public company merger agreement. Material Adverse Change/Effect (‘MAC’) has become an important but chaotic legal notion. The paper draws two lessons from it (1) to understand the conceptual understanding of the due diligence, the process, principles and key areas and (2) Covid -19 as a Material Adverse Effect (MAC) Under M&A.

‘Rape’ is an antonym of human rights. The Indian justice system has enacted strict laws that aim to act as a deterrent against this heinous crime. However, lawmakers have time and again felt that the existing laws are inadequate. Thus, amendments have played a pivotal role to aid continuous development to make India safer for women. One such amendment was enacted in 2018 to strengthen the laws against rape. This article is a critique of the Criminal Law (Amendment) Act, 2018. The Amendment has modified laws related to rape under the Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act and the Protection of Children from Sexual Offences Act to ensure that its effects trickle down to every relevant legislation. However, innumerable gaps, conflicting and impractical provisions obliterate its intended purpose. We argue against the provisions that seem game-changing to a layman who is oblivious to its convoluted intricacies. The article, towards the end, equips the reader with the analysis of the Act through the lenses of various theories of justice. We deduce that the Act looks at ‘justice’ with a victim-centric perspective only, thereby ignoring the fact that all accused are not guilty. It appears that lawmakers have legislated the Act behind the veil of ignorance and neglected its consequences. Thus, concluding that this failure to transform Niti i.e., policies into Nyaya i.e., their social realisation, goes against Amartya Sen’s concept of justice. Unless policies are converted into justice, they are meaningless.

The domestic workers in India, besides across the nations, play a vital role in the overall workforce. In India, due to wanting effective statutes, the rights and duties of the employers and employees relationship are stranded. The present Acts and poor implementation of ILO Convention.no.189 and ineffective National Policies do not give meaningful life to the domestic workers. Domestic work becomes more vulnerable to the workers both physically and mentally. Also, it abrogates their right to a decent job that has to be guaranteed by effective statutes and sound adjudicatory mechanisms. The unorganised workers shall have all the social safety and security and other welfare measures the same already enjoyed by the labours employed under the formal sector. The access to justice by the individuals in the Court of Law is not viable for domestic workers when there is no legislation to govern their rights and a forum to redress their issues faced at the workplace. The implementation of the National Policy on Domestic Workers and Domestic Workers Bill, 2010, will pave the way to secure the rights of household workers and will give all the social security benefits.

Constitution of India forms the supreme rule of law. The power to protect the sanctity of it is imposed on the judiciary. That implies, while the judiciary has to ensure the rights and freedom of the citizens by administering justice, it also has to ensure that no external force is influencing its decisions and causing hindrance in such administration of justice. This is why the provisions of contempt of court act are significant. Herein, the case comment of Re: Prashant Bhusan and Anr, we will discuss the threat that independence of judiciary causes over the citizens' freedom to criticize and vice versa while analysing the affect of media trials and the ambiguity of the contempt laws.

The paper deals with a deep analysis of what the story of the Hydropower Project of Tehri has been since its proposal to its commission that was done almost fifteen years back. The paper follows a strategic outline that attempts to explains the fundamental structure of Tehri Dam and its intricacies followed by its impact on the environment in which it is located. The paper also focuses on unveiling the stand of the judiciary regarding the litigations that arose in contradiction to the dam's proposal and construction. The progression of this story follows an analytical tone while unfolding the disasters that hang before the state of Uttarakhand, India at an arm's length like a dreadful siren of night and how monstrous project termed as infrastructural development, one like the Hydropower Project/Dam of Tehri, can lead to blanching aftermath should a catastrophe were to strike the state on a bad day. Numerous controversies and scandalous geographical placement of this dam make it a very interesting subject matter for a thorough analysis which this paper focuses on.

The novel “under the volcano” written by Malcolm Lowry covers various aspects of human life. The life patterns and habitual actions play an important role in the context of the actions done by an individual. When a habitual action turns into compulsivity, it starts acting detrimental for the individual. To get a better perspective, the meaning of compulsive behaviour mentioned according to the US National Library of Medicine is “A behaviour where a person feels compelled to perform a behaviour even if the behaviour is inappropriate or counterproductive in order to relieve anxiety or stress” (Luigjes, 2019). This paper attempts to analyze the relationship between crimes committed by humans and the role of compulsive behaviour in it. The paper also tries to analyze the relationship between compulsive behaviour and Addiction and their association with criminal tendencies. The paper tries to understand the psychological aspect involved in behaviours that turns addictive. This research also focuses on the detrimental effect of addiction on the personal as well as the social life of an individual. With the help of various sources, the paper also tries to examine the relationship between addiction and self-destructive behaviour.

Witness protection legislation in India has long been overdue. The Supreme Court of India ordered the Center to establish a system to defend the witness' interests following multiple cases of witness assaults. The Witness Protection Scheme, presented by the Centre, was authorised by the Supreme Court on 5 December 2018. All countries and union territories were directed to propose legislation on it. Although few governments have accepted the programme in its text and spirit, many have made little progress. Through this paper, the author will highlight and analysis the Witness Protection Scheme 2018 its background, important provisions, future applications and recommendations for implementation in the scheme. However, there are several areas which the plan has failed to address, such as internet bullying, financial difficulties, the balance of police forces, the mindset of witnesses and the interests of vulnerable witnesses. A number of proposals to make the scheme more witness-centered are made.

When justice is delayed, justice is denied. This concept underpins the right to a fast trial, as well as other rights aimed at expediting the legal process, because it is unjust for a victim to suffer harm with little chance of recovery. Pendency in different courts around the country is 4.04 crores in this country's three-tier judicial system. Furthermore, rising population, poverty, and economic expansion result in more enterprises and government activities, as well as more crimes and, presumably, more lawsuit activity by those institutions. The current article is an attempt to critically analyses the many causes of pending cases and to provide solutions to the justice system's backlog.

The paper aims to critically analyze the judiciary and its separation from the legislature and the executive. It attempts to bring to light the unconscious bias of judges because of being a part of civil society. It dissects the history of the collegium through Constitutional Assembly debates, several landmark judgements whilst contextualizing the same in the present political system. In addition to this, the paper also elucidates on the impact of the Emergency on the Collegium system and how the Executive assumed great power over the same.

For decades and centuries, women have had no kind of share or ownership in father's property because of the domination of men in succession. With the codification of Hindu Succession Act,1956 and later the Amendment Act of 2005, this disparity between males and females have been done away with. This paper has made an attempt to review and analyse the changes brought by the Amendment Act particularly and to what extent it has been successful in eradicating the notable discrimination of women's rights in property. It has also made an effort to understand the intention of the legislatures in bringing about this amendment with the help of judicial interpretations.

A dynamic multicultural society, contemporary India is largely pluralistic in the domain of personal religious laws. With India being a cultural hub, it is only natural that a lot of beliefs and practices, even in modern India, owe their allegiance to religion and the concept of divinity. Keeping this in mind and to unite the people as one during the post-colonial time, the framers of our Constitution let the citizens continue following their personal religious laws. “Though personal religious laws allow for inclusiveness in religion, the history of these laws in India shows that they have been used selectively as a tool of governance and often to the disadvantage of women.” Lack of clarity and flawed understanding of the concept of inclusion over time, as enshrined by the Quran, has become a topic of controversy and increasing misconception that the religion somehow advocates gender in-equality. Though the majority share of accusations about Islamic practices in family law revolves primarily around the institution of family, marital issues, adoption, and inheritance, likewise, the arena of criminal law too considers a testimony by a Muslim woman debatable. It is these fundamental practices of Islam that have been corrupted over the years, which has led to the formation of negative perspectives and creating a sense of divide amongst the Non-Muslims. To address this very issue of gender disputes, the key areas of discussion that form the crux of this paper is the identification, and subsequent analysis of the said problems in the Muslim Personal Laws followed in India from the perspective of the aggrieved. Moreover, the paper additionally also aims to suggest reformative ways for the ideal address of problems at hand.

Denial of access to justice to the economically disadvantaged persons was a matter of serious concern not only for the administrators of law and justice but also for legislators and the executives. The matter was therefore referred to the Law Commission to suggest measures which may ensure access to justice for every member of the society and no one is deprived of this right by reason of paucity of funds or economic resources. Article 39A – “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

This article discusses in detail Article 14 of the Constitution that guarantees the right to equality to all persons. The diverse needs of different classes of people require different kinds of treatment and hence we must reasonably differentiate between those who are equal and those who are different. It is this principle that has eventually led to the evolution of the doctrine of reasonable classification. Article 14 declares that ‘the State shall not deny to any person equality before the law or equal protection of law within the territory of India.’. Thus the article 14 uses the two expressions “equality before law” and “equal protection of law”. No absolute equality before law exists in practical scenario, for this purposes there is a need to reasonably classify individuals or groups of individuals based on reasonable, justified grounds. Thus this doctrine is relevant. It is needed for the progress of the society as a whole.

The Hon’ble Supreme Court (hereinafter “Sup Ct.”) in its seminal judgement of M. Nagaraj & Ors. v. Union of India & Ors, had created quite a stir pertaining the reservation rights among the schedule cast (hereinafter “SC”) and schedule tribe (hereinafter “ST”) communities in India. The judgement sparked a great debate while deciding the constitutional virtue of the art. 16(4) of the Constitution. As a result, the concept of the reservation witnesses a shift from reservations based on the former idea of equality and meritocracy, to the notion of substantive equality in opportunities at the workplace. The verdict since its inception ruffled the feathers of politicians and backward communities alike. And, the present study seeks to unravel the dictum and bring fort the theoretical implication it has brought about in the legal world and posterity of the SC and ST communities in India.

Cyber bullying is the harassment or bullying executed through digital devices like computers, laptops, smart phones, and tablets. The platforms where cyber bullying can occur include social media, chat rooms, and gaming platforms where people can view and participate in the sharing of content. The diverse types of cyber bullying involve causing humiliation through hateful comments on online platforms/apps, or through SMS or messaging. It comprises posting, sending, or sharing negative, nasty, or false information about another individual for causing humiliation and character assassination. With increasing availability of affordable data services and social media presence, cyber bullying in India has witnessed an alarming rise. According to research conducted by Symantec, 8 out of 10 individuals are subject to the diverse types of cyber bullying in India. Out of these around 63% faced online abuses and insults, and 59% were subject to false rumors and gossips for degrading their image. In this paper, I will be discussing about the diverse types of cyber-bullying and its effects on the current generation, which will also include the anti-cyber bullying measures taken in India.

There is a genuine case in regards to sickness of the lawful and legal framework which is liable for this gross refusal of equity to the under preliminary detainees in India which is exclusively answerable for famous deferral in removal of cases. This paper digs into past decisions of the Indian Supreme court and attempts to give an examination concerning how the American legal framework has had the option to adapt to the issue to speed up the preliminary cycle. Expedient preliminary is of the pith of criminal equity and there can be no question that postponement in preliminary without anyone else establishes refusal of equity. All sorts of deferral in a framework prompts the disappointment of the equity conveyance framework and India is unquestionably a gross casualty to this issue. Inability to take remedial measures with energetic promptness will absolutely subvert the actual establishment of Criminal preliminary Jurisprudence. Equity as is commonly said should not exclusively be done, yet it should likewise appear to have been finished.

The phrase ‘access to justice’ evokes in our minds the concept that everyone seeking justice must be endowed with the necessary funds to approach a court of law. However, this is not the sole interpretation of these words. They also discuss the nature of various rights, the number of courts, the quality of justice, the freedom of the judges who preside over the courts, legal aid, and public interest litigation, among other things. The notions of “access to justice” and “rule of law” were born in England during Henry II’s reign in the Twelfth Century. Access to justice is a dynamic subject; with rapid advances in science and technology, the judicial system should be on par, if not ahead of its time. I would advocate that a constitutional body comprised of officials and luminaries from the legal field, as well as experts from NITI Aayog, be formed by an amalgamation of both to radically change the Codes of Civil Procedure and Criminal Procedure to create a state-of-the-art justice delivery system that caters to all groups in society without discrimination. On 26th July 2021, a delegation of chairpersons and vice-chairpersons of bar associations from five southern states, visited Vice president M. Venkaiah Naidu and Chief Justice of India N.V. Ramana. It gave a representation for the supreme court bench in south India. This proposal has a high potential to improve the current delay and accessibility of the justice delivery system.

In fact, reservation is a bridge to join the inherent gap found in Indian caste ridden society; it is an instrument to achieve social justice. In consequence it provides space to the marginalized section in power spectrum of the state, which was denied for them for centuries together. Reservation has been resisted by upper caste dominant privileged section by challenging it in the court. Therefore, role of judiciary became of extreme importance. Judicial pronouncements are proved to be nothing but causative factors for restricting the scope and ambit of provision regarding reservation in the constitution. Judicial pronouncements in majority have drawn negative inference and contributed for making the application of provisions regarding reservation ineffective. Courts have gone to the extent to interpret reservation is neither right nor is it binding on the State, means, position of innocent masses in the domain of welfare state is as good as orphan. In the presence of express provision in the constitution meant for providing space in public life, judiciary has made them only paper piece and eye wash for SCs/STs.

The Indian Constitution was amended to add Article 21A, which declared education to be a fundamental right. The Bill's rough draft was written in 2005, and it drew a lot of criticism because of its mandated provision of a 25% reservation for disadvantaged children in private schools. In the early 1990s, gaining the right to free and compulsory education for all children in India took a dramatic turn. Previously, numerous education policies were established, but neither the policy nor the programme required that students get free and compulsory education. However, the Ramamurti Committee Report on the Review of the 1986 Education Policy, published in 1990, chastised the government for failing to pay attention to the Right to Education. In 1976, an amendment to Article 42 of the constitution was added, making education a concurrent list topic, allowing the central government to legislate it in the manner most suited to it. This paper is totally on the doctrinal research design and suggestions and conclusions are added up to give more analysis on the paper.

Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India. A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization. In general term, maintenance is the amount which is paid by one person to another in their relation who is not able to maintain themselves. The word 'maintenance' is however not defined in Code of Criminal Procedure. Section 125 of CrPC deals with the order of maintenance. It is secular provision and therefore, people from all religions can claim maintenance under this section. Under section 125(3), the court can take action if the person is not complying with the order without sufficient cause. It has been provided that an arrear for one year can be recovered. On every default, the court can send the person to jail for one month if he doesn't comply with the order after the recovery warrant. According to Section 421 of Indian Penal Code, the maintenance is recoverable as fine. Also, the order of enforcement can be executed anywhere in the territory of India as per Section 128 of CrPC.

In individual, in the 21st century, the debate on privacy sparked with the need of data privacy laws and citizens' rights to civil privacy, irrespective of sexual preference. Privacy is an important factor in life and liberty and an essential part of the Constitution's fundamental rights. In every person, regardless of class, stratus, gender and orientation, it exists equally. In developing one's development, integrity and dignity, it plays a major role. However, the fact that privacy is not an absolute right, but the fact that an invasion is based on the legality, need and proportionality of this privileged right must be justified by law. The authors of this paper traced the origins of privacy, recognising privacy as an integral part of Article 21 of the Indian Constitution in various judicial declarations. The paper focuses on the case law of this right as a fundamental right. Considering that the era in which we live is the information age, the fact is that not all of the information we have needs to be provided and certain limitations and protection of this information are required and therefore the role of privacy becomes important. In this technologically advanced era of the 21st century, the concept of protecting such privacy in information form is the most important protection.

This research paper is an attempt to draw the attention of the readers toward the fact that Environment protection is not only important for Human beings but also for animals to survive and live a healthy life. Under Article 21 of the Constitution of India, the right to life and liberty, the term 'person' not just includes human beings but all the living beings created by nature. The right to life includes the right to a healthy environment which shall be exercised by all the living beings on our planet. There are various judgments and legislations in support of the same and are explained in this research paper. The author also aims to establish that the animals also have rights and shall be treated equally to humans. Animal rights include the protection against exploitation by human beings. To curb exploitation and cruelty on animals, it is important to note that taking care of the animals and sheltering them is not sufficient, the environment they are offered also plays a vital role in their survival. One of the ways of exploitation is through an unhealthy environment. It is not only the human who bears the consequences of an unhealthy environment but it also leads the animal to unnecessary pain, suffering, and extinction of certain species. The major aspect which is to be highlighted is that the consequences and repercussions of actions of human beings should not be borne by animals who have no contribution in the same, instead, it is our duty to save and protect them.

In common parlance ‘person’ means either male or female, but the legal meaning of the term stands entirely different from the meaning of the common parlance. Looking at certain legal definition, as per Salmond “A person is a being when the law regards capable of rights and duties”. Thus any human beings which is capable of to execute the rights and duties such “persons would be called as persons in the eyes of laws”. Before going into different kinds of persons the conclusion remains that “any person who is able to hold rights and duties such person may either be classified as natural & legal persons. Thus under the subjects of international law the legal term ‘legal personality’ has a wide interpretation. Let us understand the concept of legal personality followed by what may be included as a legal personality under international law with their rights and duties.

This paper tries to examine the complex relationship of gender with women’s agency, labour, familial institutions, property relations, violence and religion . It also tries to accentuate issues pertaining to the gendered notion of technology and colonial constructs, formation of gender differences through ideologies and lastly, the intersection of gender and caste. Recent researches have tried to trace both positive and negative connotations of women’s agency and women’s competence to ‘bargain with patriarchy’ within an authoritarian patriarchal regime. There is an undercurrent of violence against women and instances of forced compliance which reflect the patriarchal anxieties of the normative traditions that in turn occupy an uneasy boundary between the respective logics of women's consent and resistance, thus calling paternalistic patriarchy to account. The aim is to locate women’s voices or the lack of these therein in patriarchal elitist textuality by being wary of the objectives of these compositions, implied audience and modes of transmission. The major aim of this paper is to trace the limitations of early scholarship on gender by interlacing it with newer, modified arguments as correctives in the study of gender history, the major argument being that the working of patriarchies in the daily lives of women point to the need to explore plurality and to strive towards finding a fresh perspective on women and gender issues in Ancient India. How modern constructs of ancient womanhood affect our thought process needs to be explored with an inter-connectedness that needs to be substantiated, qualified, refined and contested for a meaningful understanding of gender relation themes, some of which remain relatively unexplored to this day.

Over the last decade India has been witnessing an alarming growth of acid attack and the women who survive it, is forced to live as an outcast. Acid violence is a heinous crime committed usually against women, with an intention to disfigure or kill her. These gruesome crime footprints the victim miserable living condition or even it results in death. Most of the women restrict themselves to their homes to avoid public appearance. It can also be called as the gender based violence against women. The easy availability of inexpensive acid makes the perpetrators to use it as an ideal weapon against the women. With the passing of the Criminal Law (Amendment) Act, 2013, and the guidelines by the Supreme Court of India, the regulations have become stricter. But the various surveys showed 300% increase in the total number of acid attack cases reported. This paper deals with the horrendous effects that acid attacks have on the victims- physically, psychologically, socially and economically. The author aims to investigate the causes of acid attacks as well as their consequences which have become serious threat of our society. This paper throws light upon the feasibility of legislative, judicial and NGOs actions towards combating the abuses of acid attack and examines the contemporary laws governing acid attacks. This research study also analyzes the international scenario of acid attacks and critically evaluates the implication of the acid attack on the gender status. Accordingly, the topic has been dealt and deliberated on the strength of doctrinal methodology whereby both the primary and secondary data has been used.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act or RFCTLARR Act, 2013 can be considered as a silver lining in the dark cloud as it replaces the colonial Land Acquisition Act, 1894. It has sought to address the long standing popular discontent over perceived arbitrariness of state action in land acquisition matters by making arrangements to strike a deal with affected communities or engaging them in the process to meet the provision of social impact assessment (SIA). It was the need of the hour to make the process of land acquisition more humane and transparent. The new Act if implemented in true letter and spirit will certainly put an end to forcible acquisitions. It will reaffirm the faith of landowners that they would not be displaced haphazardly and their right to compensation and rehabilitation will be taken care of RFCTLARR Act is a step in the right direction as it reduces the arbitrary power of the government and suggests setting up of independent expert panels as well as conducting social impact assessment for projects serving public purpose. The paper aims to examine the Social Impact Assessment study under the new Act along with the loopholes and suggest remedial measures.

Creating and nurturing culture at a new organization offers a significant opportunity as well poses a great challenge to the management. This case of a new manufacturing unit started by HTEL at Karur, Tamilnadu is an attempt to highlight and elucidate the issues that may emerge despite well intended policies and measures adopted to address the same by designing a comprehensive strategy to reach out and taking on board all the stakeholders. Issues emanating from the diverse workforce and other external exogenous factors such as non-allotment of land for township/recreational facilities by Government, remote location, underdeveloped infrastructure etc. led to a complex multi-facet challenges for the management and had to be countered through a multi-pronged strategy. The case also depicts in depth that the assessment of the problem should not be compromised with and the correlation between seemingly disjoint issues, if identified, should be addressed diligently. And above all, recognizing the efforts and respecting individual competence and ideas always fructify in the long run and should be aggressively and creatively incorporated in the HRD strategy.

The phrase "corporate veil" refers- fictitious barrier that divides the firm from people who run it and those who own it. The primary benefit of incorporation is that the firm becomes a separate legal entity with limited liabilities. In actuality, the individuals who constitute the association are the ones who do business on behalf of the incorporated organisation. That is, while a corporation is a separate entity in the eyes of the law, in actuality, it is a group of people who benefit from the corporate personality. As a result, granting firms legal personality at the time of incorporation is a privilege. However, there may be occasions where fraudulent or criminal behaviours are conducted in the shadow of this.The corporate image must be taken away to reveal the genuine perpetrators because artificial creatures are incapable of conducting any illegal or fraudulent acts. The lifting of the corporate veil is a premise that runs counter to Salomon's prevailing rule. As a result, lifting the corporate veil is used to learn about the facts hidden beneath the corporate veil. Despite the fact that it contradicts the rule in Salomon, it does not render the rule invalid. The concept posits the existence of a corporate identity that can be lifted in the interest of the entire membership or in the public good in order to identify and hold those who abuse the privileges bestowed upon them accountable. When the judge or legislature chooses to maintain the separation of the company's and members' personalities, the veil of incorporation is regarded to be removed. “As a result, the piercing (or lifting) of the corporate veil refers to the possibility of looking beyond the company framework to hold members liable, as an exception to the general rule that they are protected by corporate law.”

When any country is formed the main aim of its makers is to provide security to its citizens and maintain peace with its neighboring countries simultaneously. The term “terrorism” has been defined in numerous senses. Yet there is no universally accepted definition of terrorism. It has various types, forms and roots spreading deep and far in the soils of India. The LWE doctrine formation that generates from Radicalisation and intra Indian movements gives birth to Naxalism. Incidents like Abrogation of Article 370, the North Eastern and Jammu and Kashmir insurgencies are similar and yet different in taste, one rises from alienation by their country while other forms from the staunch demand of its countrymen to not to abandon the area. The country is shattering against its own burden of separationists. Metamorphoses of terrorism had taken place and its transforming from a rebellious teenager to an undisciplined youngster, whom if not controlled timely will not only destroy itself but also the communities in which it resides and excels.

Throughout the world, the role of working women has altered drastically due to social demands and economic circumstances. This has also contributed to working women undergoing immense pressure to develop a career as vigorous and holistic as their male counterparts while retaining active involvement in personal life as well. However, managing menstruation at the workplace is one of the most overlooked issues that call for immediate attention and support, as it hinders the performance and efficiency of women at the workplace. In India, menstruation is still considered to be something dirty or impure due to antiquated beliefs and traditions, and the word menstruation is met with raised eyebrows and repugnance. The initiative of menstruation leave policy would be a helping hand towards women who suffer from extremely painful and uncomfortable menstruation and need a day or two off to rest at home and return back to work with a fresh mind to contribute to the productivity of the organization. Menstruation Benefits Bill, 2017 has been tabled in the Parliament that seeks to provide working women in both private and public sectors paid menstrual leave of two days every month in addition to the sick leaves. However, not acknowledging the core stigma, gender discrimination, sexist beliefs, or menstruation leave could invite adverse impacts on women. It would not be easy to implement Menstruation Benefit Bill, but it is a much-needed shift in the right direction. The paper discusses the significance of menstrual leave and analyses the merits and demerits of implementing the Bill in India. The paper further reflects upon other initiatives that challenge menstruation stigma and subsequently concludes with suggestions.

Corruption damages public right and it also affects economy at large. Corruption is a dishonest act. The principal of being righteous and fair towards the sanctioned duty is completely buried deep into the dead conscious, what remains in corrupt people sense is unduly gain at the cost of affecting economy and public interest at large. Special laws like anti-corruption act, central vigilance act and many more laws has been formulated to control corruption in India but certainly corruption is imbricating the entire nation. The global corruption barometer (GCS Asia) elaborates apprehending number of corruption cases have been committed in India. Corruption has become that tenacious part of function which cannot be denied and is capable to ingest the bread basket of a society. To curb corruption along with stringent laws, determining policies for effective and speedy trail is necessary to curtail corruption from its root.