Volume IV – Issue V / 2021

The issue of Nationalism is not new or unknown to a person. However, the amount of nationalism varies from one person to another depending upon the values and his/her views towards the nation. This issue was further hyped when recently the acts of individuals were considered as an act against the sacred concept of nationalism which led the chaos to create altogether a different act. The Constitution of India shares the concept as a part of fundamental Duties enshrined under Article 51A; however the recent state of affairs questioned the concept once again as to whether it is a citizen’s duty or not. In this paper, the author attempts to explain the link between the nationalism and citizen’s duty as to follow it.

Electronic Medium has been very dominating in the sense of everything in human’s aspect, like Talking, texting, reading, entertaining, and many more. The Internet has become an integral part of our daily life, and how we interact with these things clearly defines the Emerging Concept of E-society. Defining boundaries, making decisions, transferring money is the new fashion of our society, In upcoming lines categorizing the positive and negative aspects, tried to draw a line on the very blurry concept, relating enormous possibilities and functionalities, sharing the visions of what it could be and what not. There are suggestions in the paper, some rules and regulations to behave gently, harnessing the very positive services towards the daily tasks and work.

Religion is the key to success for shaping human conduct and the state must maintain the degree of sensitivity between individual interest and community interest but today’s world faced a religious war due to which government has made a regulation on anti-conversion law. The chapter is divided into many parts. The first chapter is Introductory, second chapter namely, the history as it depicts how this law evolved and why it is necessary to introduce this Act. The third chapter is important as it depicts the state level legislation in many states in a given order of introduction. The fourth chapter discusses the constitutional framework of anti-conversion law in India as well as at International aspect. The next fifth chapter discusses the important judgment in the field of anti-conversion concerning which case was upheld by the Hon’ble court. The sixth chapter deals with the judgment that is a conflict with the Special Marriage Act. The seventh chapter is all about the appraisal and critics as is this law bane or boon. The last chapter concludes the entire chapter in one segment. This study is based on how the Anti-conversion law is being introduced with its constitutional and International framework. This study is predicated on doctrinal research.

Petitioning for intellectual Property rights is expanding each day on the planet remembering the burglary and encroachments of thoughts and items occurring. Individuals and organizations have gotten more mindful and don't have any desire to face any challenge with regards to their persistent effort, cash and time. They need to be on the more secure side so they don't need to lament later. You should be pondering that all incorporated circuits appear to be comparative and just shift in shapes and sizes so what precisely can be secured in them. Looks clearly don't make any difference in ICs, what is important is their format plan. On the off chance that encroachments occur on these designs, it is an enormous misfortune for the maker fiscally just as in different structures. In United States intellectual property law, a "veil work" is a few dimensional format or geography of an incorporated circuit (IC or "chip"), for example the plan on a chip of semiconductor gadgets, for example, semiconductors and uninvolved electronic segments like resistors and interconnections. The design is known as a veil work on the grounds that, in photolithographic measures, the different carved layers inside genuine ICs are each made utilizing a cover, called the photomask, to allow or impede the light at explicit areas, in some cases for many chips on a wafer all the while. Due to the useful idea of the cover math, the plans can't be successfully secured under intellectual property law (with the exception of maybe as enlivening craftsmanship). Essentially, on the grounds that individual lithographic veil works are not obviously protectable topics; they additionally can't be viably secured under patent law, albeit any cycles executed in the work might be patentable.

Transgenders, from the very beginning have suffered and fought for their human rights. With the landmark NALSA judgement, brought a ray of hope. However, recognition of their gender and their constitutional rights was a long-awaited decision. Further, with the partial slashing of section 377 of the IPC by the Supreme Court of India led to further happiness and hope for a far better tomorrow. The Transgender (Right to Protection) Bill of 2016, 2018 and 2019 only scratch the surface of what must be done and don't get to the nitty gritties, tons of loopholes and gaps remain within the legislations which hinder the enforcement of the rights of Transgenders, one of which is their right to adopt children. Through this research paper, an attempt has been made to highlight the gaps and provide suggestions to overcome those gaps with regard to the right to adoption of transgenders. The Right to adoption is a human right but there's no law or legislation which would help transgenders enforce this right. An attempt has been made to discuss current laws of India and compare it to international laws concerning marriage and adoption. This article is mostly based on secondary resources as well as on observations.

India has been battling the Hindu-Muslim tensions since partition and beyond. The recent communal riots disheveled the collective conscience of the country and placed India in the eyes of doubt of International organizations and various other countries. This article has been written as an effort to counter the defaming allegations and to provide an insight into the origin of such differences. We have tried to explain how the re-initiation of such clashes might have a political schema behind it and how this has been benefitting a certain section of the society. The secularity and fraternity of the country stems from the Constitution and that by itself is the biggest safeguard provided to the countrymen by the Constituent Assembly. The article has taken into consideration the recent statements given by imminent political leaders and organizations and it has been left for the readers to decide the falsity of the allegations that India is facing currently.

Military and political instability in Libya has taken divergent shapes and forms since its eruption with the Arab Spring of 2011 posing grave security challenges in the country and threatening spill-over effects along all of Libya’s borders. Ranked 23rd out of 178, in the Failed States Index, Libya has been divided between duelling governments since 2014. Libya remains entangled in a complex web of interests of militias, brigades, tribes and regions in what is called the Second Libyan Civil War. War-torn Libya has also become a proxy playground of the struggle for regional dominance with foreign interference reaching unprecedented levels. The war has given a jolt to the security framework with sustained skirmishes, uncontrolled migration and destabilization of the regional oil-economy. Despite multiple rounds of talks, warring sides largely remain indecisive to agree upon any compromise. Emerging out of the power vacuum left by Gaddhafi’s fall, and strengthened by the historical development of Libyan society and its state, Libyan civil war awaits a long-lasting settlement between rival factions. The following sections attempt to examine the ongoing Libyan conflict. Focusing on multifarious aspects of the conflict, the paper aims to analyse the changing dynamics and current position of the war. The paper also presents a critical take on the process of “internationalization” of the Libyan crisis and its repercussions. With hope of stability in Libya and adding on to existing peace efforts, the paper puts forward recommendatory conflict resolution mechanisms.

This paper explains the meaning of the Doctrine of Harmonious Construction and traces its genesis through various landmark cases both pre and post-Independence. It looks into the origins rooted in Latin legal maxims and showcases its various versions of applications through a series of caselaws. The broad scope of the doctrine and various methods in which it has been applied by the Indian Judiciary are highlighted. Furthermore, the relevance of the Doctrine and the fact that it is integral to the functioning of the Indian Legal System is emphasised by pointing out the need for its application and the potential consequences of its non – application.

There has been evidence of Cyber-attacks from the beginning of the Digital World. Attacks and Cyber-security have grown in their impact and capability at an alarming level respectively. Cyber realm had a tremendous breakthrough in July 2021 when Pegasus Spyware was introduced by the NSO Group, Israel to the world. Pegasus can have major effects on each and every industry in the world. International Grounds may see major changes depending upon the intentions for usage of the said software. The impact can be boon or bane in the areas ranging from National Security to Human Rights. Trade also may fluctuate depending on the opportunities and threats each country face on hard, soft and structural powers. Major concern arises on the topic of how countries react on facing the said attack on an International level. There have been speculations on how the spyware can benefit on areas regarding Human Rights. Major opinion states the potential damage Pegasus can cause is tremendous and it needs to be controlled otherwise, it can lead to great chaos.

The Minerva Mills Vs The Union of India is one of the most remarkable judgements in the Indian History which helped to safeguard one of the powers of the Judiciary that is the power of the Judicial Review which refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India.Along with this the court also struck a balance between the Directive Principles of State Policy and the Fundamental Rights and upheld the Basic Structure Doctrine established in the Kesvananda Bharti Case . The judgment of the case was divided into 4:1. The majority struck down Section 55 & 4 of the 42nd Amendment as it was in violation of basic structure .The court held that the newly introduced Clause 4 & 5 were actually inserted to bar the courts to entertain any challenge on the question of validity of the constitutional amendments. This case holds importance even today as because the Judiciary keeps a check on the laws that are passed by the legislature specially in an assertive and active government like that of the present . Moreover the Constitution of India is the supreme law of the land and the Supreme Court has the responsibility of interpreting and protecting it . Thus the research work in its broadest terms acompasses the importance and role of the case in making the Judiciary more powerful.

The present pandemic creates a necessity for businesses and corporations to contemplate thoroughly appropriate and alternative procedures for the economical, timely, amicable, and cost-effective resolution of disputes. The focus should be gravitated towards maintaining a strong relationship and growing the business relationship, re-negotiating the contract, or looking for different routes to redress their conflicts, rather than demanding on stringent implementation of contractual terms. This has called for increasing need for Alternative dispute resolutions like mediation, conciliation and Arbitration as well as the combination of different dispute resolution processes. This paper focusses on the impressions and the effects left on by Covid on litigations and alternative dispute resolutions.

Traditional knowledge is the information or method or process or practices about any particular science which came down to us from our forefathers in the form of customs, usages, folklore, literature, way of living, and habits. India is world’s oldest civilization encompass huge amount of traditional knowledge, which can reshape, rebuilt India’s journey towards prominence. This traditional knowledge either in respect of herbs, crafts, arts, technique or medicinal knowledge are common heritage of mankind. India which is seventh largest country of the world has three of the world biological hotspot and various national parks and wildlife sanctuaries. Further various traditional knowledge evolves through the flora and fauna of the Indian biodiversity. Any patent or copyright which originates from such traditional knowledge will hamper the growth and rights of the indigenous and local communities. Therefore, these communities are against such patenting of traditional knowledge. To protect such rights over traditional knowledge Patent (Amendment) Act, 2002, Protection of Plant Varieties and Farmers’ right Act,2001 Biological Diversity Act, 2002 and were legislated by Parliament of India. This present study views India’ rich heritage in terms of traditional knowledge in its wider approach using doctrinal method.

Purpose: The purpose of the paper is to understand the impact of leadership styles on employee morale. Research Implications: The paper gives a preliminary understanding on the impact of different leadership styles on employee morale. The leadership styles that have been studied are transformational leadership, transactional leadership and laissez faire leadership. Findings: A leader assesses the nature of the employees and chooses a particular style of leadership which has the ability to empower and allow the employees to realize their fullest potential. Leaders who through their behavior effectively influence, train and train the followers to put their skills to work make the employees proactive and dedicated to organizational goals which increases the level of employee morale.

Intellectual Property (IP) is a creation of human mind which is artistic, innovative and different. Intellectual Property laws has always been considered to be dynamic and different from other forms of laws because of its nature of changing very rapidly. The specific paper focuses on the evolution of copyright law through the means of “Blanket licensing”. The objective of this paper is to analyses the IPR laws in India and the current situation of laws regarding blanket licensing. In this paper the researcher tries to point to out the need of changing the laws regarding blanket licensing in India and also provides the mechanism to improve the legal structure of blanket licensing.

A major portion of the Indian population resides in villages and rural areas. With the mainstream banking practices the poor population is neglected and marginalised of the benefits and financial services directly hampering the economic growth of the country. Social banking concept has been the highlight after the economic crisis which resulted in lack of savings, poverty and unemployment. The idea of social banking was introduced through banking reforms to ensure banking for the marginalised population, developmental needs, easy access to regularised credit, minimum requirements to open accounts etc. Thus, shifting the orientation of policies towards serving the common mass is known as social banking. The Article starts with a brief idea of the historical background which resulted in the concept of social banking and reforms associated with it after independence. It further discusses the meaning and scope of social banking and its evolution over the period of time in different phases through various schemes introduced by the Government. It also distinguishes social banking with commercial banking. The third part deals with the pitfalls of social banking and the price paid due to its inclusion in financial policies. The last part deals with the new phase of social banking introduced in the form of the Financial Inclusion policy by the government. It also briefly covers the latest developments and policies introduced to meet the socialistic goals followed by conclusion and references.

The world is grappling with the emergency of climate change which is no longer in the distant future but rather a looming danger on us. In this article the author aims to analyse the various climate agreements and throw light on what causes these agreements to be a failure. Today it is all the more important that such flaws in the system be addressed quickly because the longer we take to solve them the longer it will take to save the planet.

In the past few decades world has witnessed the ever-growing impact of globalization and has entered a new age of development. Because of the easily assessable technology and increased dissemination of energy has brought about an evident change in the society as a result of such changes and advancements indigenous groups and local communities are becoming more connected to the dominant societies. At the same time, however, the process of globalization is simultaneously creating the real possibility that indigenous peoples as such will cease to exist. At the touch of a button, sacred cultural property - folklore, songs, stories or the location of sacred places - can be instantly appropriated and commodified for the global consumer. These incidences of appropriation and the adverse consequence of globalization has severely diminished the aspects of life and culture that goes to the very existence of indigenous peoples. The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, ethnic and national minorities demand recognition and support for their cultural identity. Moral conflicts are now common features of multicultural societies. The nature of moral conflict has a profound impact over the public sphere as different groups question the legitimacy of indigenous people living the era of globalization. Cultural change is not only a story of loss and destruction, but also gain and creativity As these threats grow, increasing value is simultaneously being placed on the survival of minority cultures. In fact, the past decade has witnessed vast growth in demands and proposals for the protection of indigenous peoples' traditional knowledge. Nevertheless, legal regimes currently in place - most modelled on Western intellectual property laws - have thus far proven incapable of accommodating and protecting indigenous works.

Only a few months took the novel coronavirus to turn into a pandemic and impact the whole world. The virus has not been discriminatory to rich or poor or have respected any physical boundaries. The impact of COVID-19 has been in abundance. The pandemic has slowed down the world and made us look at everything from a different perspective. It has affected all segments of human lives- politics, economies, technology, strategy and development. It is the international order that has been affected the most due to the pandemic. There were tensions between the USA and China due to technological advancements for some time. However, the novel coronavirus has further resulted in the difference between the USA and China, with countries being torn apart between their power tussle. The pandemic has changed as to how one perceives international politics. It is essential to analyse and understand the aspects that will change possibly change in the post-COVID-19 world. This change mainly involves China leading the global hegemony or where the whole world moves away from China after the pandemic has moved away from the global stage. to comprehend what lies ahead, it is essential to understand the significant impact of the pandemic. The following paper scrutinises the significant sectors that will pave the way for the world in the post-COVID-19 era. The paper analyses effects on the geopolitics, multilateralism, geoeconomics and technological aspect and their consequences on the international order. Academic literature, articles, opinion pieces and various other sources are used as secondary sources.

The situation of the Uyghurs its been an International condemnation. The persecution of Uyghurs in China became the most telling example of a despicable endeavor forced on religious and minor ethnic group. The relentless persecution has resulted homelessness of the minority from their native places. Lives of the Uyghurs is been constricted by the Communist Party Officials in various process, every online activity of the Uyghurs is tracked, they live in a police state were they’re monitored by one of the most advance and intrusive surveillance systems in the world. Historically Uyghurs are the indigenous ethnic group in China. Which were strengthen because of the Cultural Revolution & Prosperous Economic Activity in the last 20th Century. But due to the demographic changes a opposition born between Chinese Han & Uyghurs. It turned into a censorious situation in 2009, where almost 200 Han were died confirmed by the Party Officials. The violation is more strengthen after that incident in between 2009-2014. When the Chinese Government took charge of the autonomous province of Xinjiang, they implement various principle to eliminate Uyghur culture and their identity. China has become vicious towards its own people, the minors were prosecuted in the rehabilitation camp, jailed, forced to renounce their religion, separate from their families and punished horribly. Though the Chinese government always denied this and called those rehabilitation camp as ‘re-education center’. The Communist Party Officials states East Turkistan Islamic Movement responsible for the persecution of the minors. The ground reports done by various media group such as the Guardian, Washington Post, BBC News etc. confirms the existence of detention camps in the region. The reporters were repeatedly announced about the Human Rights violation of the minor ethnic group in the province of Xinjiang for last 4-5 years. The ethnic minor group is seeking international supervision towards such genocide.

The capital punishment also called as the death penalty. It's the highest penalty awardable to an accused person. Generally, it awarded in extremely "rarest of rare cases" like brutal, ridiculous, diabolical, revolting etc. In the Indian Penal Code 1860 there has some sections which deals with the death penalty for example section 121, 132, 194, 302, 305, 307, 364A, 369 etc. The death penalty was commencing since the ancient Romans and Greeks era. It was mainly used for incurable offenders and in a wide range of offences like treason, murder etc. During the 17th and 18th centuries in England, it was made merely deal with the most heinous crimes of that time. At this time, it has become a most controversial topic in the legal system where human rights are being violated continuously. Therefore, many Criminologist and Socialists have a long demanding for abolition of the death penalty in legal system and so many civilized countries have already been abolished the death penalty to their judicial system i.e. Australia, Congo, France, Italy, Norway, Portugal, and U.K have completely abolished the Capital Punishment due to inconsistent with the human rights requirement. However, According to Amnesty International record presented that the most of executions were taken place in China, Iran, Saudi Arabia, Vietnam and Iraq. In 2007 the UN General Assembly was called a resolution for a moratorium on the death penalty where India voted its against. In 2012 India again voted against the UN General Assembly on the draft regulation to ban the death penalty. The Constitution of India Article 72 confers the pardoning power to the President which is an exclusive power of him and Article 161 provides the pardoning power to Governor and Article 136 gives the special leave to appeal by the Supreme Court of India and this right is applicable while High courts are passing the death sentence against an accused then the accused may file a petition at Supreme Court and if the Apex Court also passes the death sentence thereafter again the accused person can file a review petition at Supreme Court under Article 137. Moreover, the judgement passed the Court then he can be filed a mercy petition to the President and until the reply of the petition his punishment must be barred.

Detention by police is the process whereby a state lawfully holds a person by removing their freedom or liberty at that time. The detention period becomes highly sensitive as it curbs the personal liberty of an individual, thus it assumes far grave importance to ensure that it isn't misused on arbitrary terms by the state actors. Police actions and their accountability for the same play an important role here as ‘illegal detention’ is the unsubstantiated imprisonment or unlawful deprivation of liberty of an individual by arresting for an illegitimate cause or suspicion, along with continuous restraint on one’s liberty by detaining such individual in custody. Since it has been held so that Personal liberty is of paramount consideration, this paper aims to take in factors and reasons that have led the judicial system to where it is now. As India tries to present and implement reforms to its poor custodial set up, it is important to take in cognizance of the fact the police in India have deep-rooted issues of acting lawlessly and arbitrarily since almost its inception. This paper will dive deep in discovering and understanding this discourse through the consequent events in the history and try to the face the question – what happens when the organization which is in place to protect us instead runs amok and is not kept duly in check leading to rampant disorder, discrimination and subsequently affecting the functioning of our judicial system rendering it to be biased and ineffective in curbing crimes.

The judgment of the Supreme Court in the case of Rev. Stainislaus v. State of Madhya Pradesh, had set the precedent for interpretation of the ‘right to propagate religion’ vis-a-vis the anti-conversion laws in India. The precedent has seen as the guiding light on deciding the constitutional validity of such laws. A reality check is also to be conducted to accept the fact that the anti-conversion laws in India do not confer unbridled restriction on the freedom of religion. An empirical study utilizing the data collected by Pew Research Centre is conducted to find whether the anti-conversion laws restrict freedom to propagate religion in India. The author analyses the said data and also gives certain suggestions to regulate coerced religious conversions, based on the outcome of the analysis.

Austin is recognized as the father of analytical school of law. According to him “Law is the command of a sovereign backed by the sanction “, but Austin ignored some elements like relation between state and citizen, important aspects of democratic country like freedom of thoughts, equality etc. Austin’s theory is completely based on ‘Sovereign ‘, but it is not suitable for India because there is no monarch system. Secondly sanction is a part of law but ‘only sanction’ is not the part of law. Thus, his theory is not applicable in countries like India which have modern political thoughts, a good relationship between state and citizens and a strong democratic system.

Merger and acquisition deal structure is one of the merger or acquisition stages. The essential thing is to develop a fair agreement structure, taking into consideration the most significant priorities of the parties concerned. Mergers and acquisitions may be structured in three ways: buying assets, buying stock, or merging. It is essential to set up a suitable deal structure if you want a merger or acquisition to be successful and at the same time to look after all the Tax consequences and Accounting Issues to keep the transaction optimal.

Indian judiciary is notoriously known for being very slow. Sometimes, the time taken by the court to deliver judgment in cases causes great injustice to parties. There are a plethora of instances where somebody has languished in jail for years. Usually, people are forced to stay in jail because of false charges against them. They spend years awaiting their turn to get justice. This happens in India even after we all know that ‘bail, not jail’ is the general approach. Indian courts have recognized these problems in many cases. We even have a victim compensation scheme in India. The current legal system provides compensation for the victim. But these victim compensation schemes do not include people who have been wrongfully convicted. This article aims at highlighting the need for such a mechanism.

This article gives brief scenario of effect of usurious money lenders operating in Palakkad district in Kerala state. Women are the first prey to this social problem and they are entangled in this vicious cycle. Primary data was obtained through a survey conducted and total of 70 respondents are co-operated. They gave their personal experience in prescribed format. Secondary data is traced out from different article published in media, Research journals, Newspapers etc. about Illegal money lending activities and its consequences. The article provides family condition of respondents and their economic background. It also gives light how they fall into unauthorized money lenders trap. In the end several remedial measures are suggested in order to tackle this social evil which is entangling the society.

Whistleblowers, from across the world, come from different backgrounds, ethnicity, cultures, nations, yet beyond this, they share common psychological factors which make them different from the mainstream community. They are cut out very differently and their ways of thinking, perceiving, and believing are fundamentally different, which propel them to speak up, despite knowing that the consequences might backfire. A lot of theories and studies have been developed and established regarding the psyche of someone who can muster up the courage to speak up, despite the repercussions. The following paper deals with the psyche of a whistleblower. It dives into answering the question, “what traits make a powerless personality speak up against authorities for their wrongs?”. This paper also talks about, Ed Snowden, a name that is always associated with 21st Century “whistleblowing”.

From being a third wold country, India has put forward a step toward the digitalization. In this era of smart phones, high speed internet and newest technologies this step is considered to be a flicker in the long term development. With the initiation of the Aadhar Policy, pioneering digitilization came across the whole country. Under the UIDAI statutory authority, based on the biometric and demographic data Indian citizens and passport holders are provided with a 12 digit unique identification number, basically this is Aadhar. After the Commencement of Aadhar, linking the 12 digit identification number with other services like PAN Card, Cellphone number, e-wallets, banks etc was requisited by the Government. In this ongoing process of digitalization a standard set forward in the merchandising industry, which is known as KYC or Know your Customer. The foremost initiative is to maintain a client-investor relationship with the fact that they can manage the account effectively and au courant of any peculiar handling instructions of that account. KYC consistently comprises requirement and stances such as risk management, client agreeable strategies and transactions monitoring. Now, generally there are occurances of debriefs in human minds. Is KYC actually safe? KYC includes linking of identification numbers, like Aadhar, PAN, Driving Lisence, is it adequete to submit such details? With the recent scandals of identificatgion thefts, the increasing trafficking of Dark webs and unethical hacking, the biggest concern that needs to be faced is the indemnity of identification, whether the eminence of Digitalization is a benison towards the society or a menace which can yield enduring repurcations in the thriving phenomenon.

Criterion of Imprisonment in criminal law is to deter the offender from falling back into criminal behavior. The purpose of punishment is to reform a person who committed a crime and find the opportunity of living again in the society so that they could gain what they have lost. There has been an increase in the recidivism among offenders across world, and India presents a very twisted picture of rate of Recidivism, despite that there is no universally accepted parameters for reporting Recidivism. Therefore it becomes imperative to study about Recidivism and how it is related to imprisonment, which is cog in the wheel for determining journey of an offender and recourse to be taken. This article endeavours critically analyses the patterns across the world of offenders who recidivate ; causes of Reoffending ; the association and extent of such association with Recidivism ; and lastly this article gives some suggestion to ebb this evil, over the world, along with analyzing some best practices around the world.

India is such a vast nation with many people living in poverty, poor infrastructure, and a lack of government planning to deal with complicated weather systems, it is particularly vulnerable to climate change. Unpredictable monsoons, floods, increasing sea levels, and rising temperatures plague India. Climate change is a major environmental problem across the world. The main reason is the accumulation of greenhouse gases (GHGs) in the atmosphere. The increase in carbon dioxide emissions is largely due to the use of fossil fuels and land-use changes, while the increase in methane and nitrous oxide emissions is mainly due to agriculture. There are many laws and policies enacted in India to combat climate change, and even the judiciary plays a part in saving the environment. This article examines the concept of climate change, its influence on India, climate-related laws and policies, and the judicial response to climate change.

The preamble of the Constitution of India which is often attributed as an aspirational document which aspires India to be a Sovereign, Socialist, Secular, Democratic, Republic, which indeed are key elements of any welfare state. The concept of “Tribunalisation” is in favor of welfarism, established mainly for the purpose of reducing the burden of the traditional courts and to setup an independent forum, consisting of fairly experienced, knowledgeable technical persons mostly from executive background and members from legal background as well, in order to adjudge upon specific subject–matter. This concept was first introduced in our legal framework through 42nd amendment which inserted Article 323-A and 323-B which empowered the Parliament for setting up independent tribunals one such tribunal established by the Parliament was Central Administrative Tribunal,( hereinafter CAT) especially established for adjudicating service related matters under the Administrative Tribunal Act of 1985, ( hereinafter ATA,1985 ) , thereby creating an alternative for the High Courts and this issue of exclusion of the jurisdiction of traditional courts in the specified subject-matter turns into a great controversy as its constitutionality was questioned several times, not only of the Act, but that of certain provisions of the newly inserted articles as well . This research paper will try to analyze different phases of development in the concept of Tribunalisation in India with the help of various case-laws and in the end will propose some viable suggestions, addressing the limitations associated with the same.

Doping in sports is actually use of some specific drugs that are prohibited legally by the authorities. But doping in sports has become a major issue recently which is proved by many case studies. Doping has a global history but this paper deals only about the Indian perspective. To stop this issue of doping many steps were taken and they implemented National Anti-Doping Agency based on World Anti-doping code, 2015 (WADC). Their main aim of the agency is to implement rules related to anti-doping as per WADC, regulating control program and to create awareness about doping and its consequences. This paper will basically deal about the analysis of anti-doping agencies and major issues behind doping in India.

The purpose of this article is to analyze the current patent laws in various nations and can these laws keep up with the increasing AI technology and our dependence on them. From past twenty years, AI has grown astronomically and has made a massive impact on our lives. It has made our lives a lap of luxury. But with rising AI inventions one major obstacle that is put forth is can current patent law keep pace with soaring AI technology and its inventions. We will also further discuss patent laws from various nations and their approach towards patenting AI and the reasons due to which the patent applications get rejected. With ever-increasing AI inventions, it is crystal clear that it is inevitable for AI to reach heights in terms of development with each passing day, therefore we need apt and systematic legislation for upcoming AI inventions. Hence, lastly, we will also discuss the solutions that can be put into effect to develop adequate guidelines for the legal safeguarding of AI inventions. Thus, this article discusses the issue with current patent laws and puts across few solutions that could help improve the legislation and ultimately help the AI world in growing and flourishing

Pakistan is one of the developing countries which gained independence from the British Colonialism on 14th August, 1947. After independence, the country inter alia, faced a problem of revenue collection for running the business of the State. To meter out this requirement, the State adopted a mutatis mutandis Taxation System already existing in the Sub-Continent introduced by the British Rule. The concept of tax was initiated with a view to generate government revenue. In course of time it has been utilized for various purposes. Since inception of the Country, the State went through Democratic Governments and Military Regimes. Both these types of Governments introduced many policies, reforms and amnesty schemes in different times to acquire the desired results. The aim of this paper is to trace out the main concerns of Pakistan’s policies towards Taxation and the history of variety of Tax Laws imposed followed by Amendments by the State from time to time. This paper also focuses on ascertaining the Tax Policies, Tax Reforms and Amnesty Schemes coupled with impact of those measures from 1947 to date. The State at the time of its emergence promulgated the Income Tax Act, 1922 with necessary amendments and Central Board of Revenue already set up under the Central Board of Revenue Act, 1924. Thereafter numerous committees were formed for enhancement of Tax Net and increase number tax payers. From this very first Act of 1922 till the last Ordinance implemented in 2001 and Rules Framed in 2002, a large number of committees, ordinances and acts have been brought to the field. This article intends to cover all the laws, reforms and amnesties by the Government with reference to the main concerns of Pakistan’s Taxation Policy.

The growth of international commerce has necessitated the creation of efficient methods of resolution of disputes. In some situations, securing an award or a final judgment from the courts may only be a battle half won; this is especially true in the foreign context. We have come across situations where the opposite parties decide to not participate in the arbitral process or abandon it mid-way. The enforcement of these awards/judgments where the party is in absentio is sometimes more complicated than one where the opposite party has participated in the proceedings. In some situations, objections have been raised even against costs awarded by the tribunal or the jurisdiction of the tribunal or court, as the case may be. Therefore, the stage of enforcement of an award or decree warrants a high degree of caution. So, the main object of this article is to articulate as well as analyse all the concept which corelate with the enforcement and recognition of arbitral awards in India, United Kingdom & Singapore.

Historical School of Jurisprudence was never seen as a separate branch of Jurisprudence until a few centuries ago when it was craved out of the tussle between Natural theory and Positivist theory. There came a time in 18th when propounders of Historical School of Jurisprudence laid down a firm emphasis on development of law being a social phenomenon which took place over years. Montesquieu was the first one to come up and his theories of Historical School. Yet, it is Saviginy who came to be known as Father of Historical School. Sir Henry Maine and Puchta also had a role to play in development of this school. These Jurists had given a due importance to Roman Law to generalise the development process and cite examples. These Jurists saw the changing world. They saw the transition from a conservative Monarch society to a Liberal Democracy. They played their part in the revolution by bringing in new form of ideas about Freedom. International Law or “Law among nations” during that time was a debate topic whose essence could be seen in literary sources. This school has played a major role in development of the Western legal system and especially the English legal system. Within the same Historical school, there existed only few points of conformity between legal philosophers. However, the criticism is a tool which leads to possible rectification and development. These jurists used to refer Historical School of Jurisprudence as Historical Foundations of Law.

The Human Rights have assumed the character of a replacement benchmark of this civilization. The aim of this dissertation which is based on a research involving analyzing a range of books, journals, articles, government publications is to critically examine the access of human rights in our country India and the other SAARC countries. The word “right” has several different meaning. It has an ethical and a political meaning: rectitude and entitlement. In the context of the present paper, we are especially concerned with the rights in the sense of entitlement or something that one may do. Past abuses of power have led to the development of human rights instruments in order to protect the rights of individuals and groups. An important development was the creation of the Universal Declaration of Human Rights (UDHR) in the year 1948 to create the United Nations. This paper mainly concentrates on the concept of human rights as viewed by the SAARC and its member countries, the treaty or conventions of SAARC that deal with issues of human rights and it also analyze the legal positions in India that provide for protection of human rights.

In 2019, India passed a new legislation on transgender person’s rights pursuant to a judgment by its highest judiciary in 2014. The judgment and the subsequent legislation have legally recognised transgender community person or sexual minority individual as ‘third gender’. The paper investigates how transgender persons who were criminalised since the passage of the law during British era have lead to marginalising those individuals leading to exclusion for various welfare schemes and policies. The impact of the 2014 judgment passed by the Indian Supreme Court has accorded legal recognition to persons from diverse gender identity in India. The legislation passed in 2019 on the rights of transgender persons is a rights-based move in the right direction. There is lack of literature connecting the law passed during British era having an impact on social exclusion of the transgender persons. However, the plain interpretation of the law reveals the historical injustice meted out to transgender person community when they were categorised as criminal communities. After the passage of the 2019 legislation, it is evidentiary of how transgender community persons have occupied various areas of workspace, paving the way for restructuring gendered spaces. The legislation envisages transformation through education and employment or mainstreaming of the said persons. However, familial and other private rights, such as right to succession, etc. are the lacunas which exist in the legislation. The paper argues the need to have an anti-discrimination policy as a norm in workplace to be introduced, either as an amendment to the existing legislation or as a public policy guideline.

The Indian Constitution's spirit is to ensure that every citizen has an equal opportunity to develop and fulfil their potential, regardless of caste, religion, or gender. In many parts of the world, as well as in our country, certain groups, communities, and individuals have always been on the margins due to orthodox beliefs, a lack of awareness, or ineffective planning and policies for the development of society and the global community. The well-known "Hijra" community is also on the margins in terms of social, educational, economic, psychosocial, and psychosexual well-being. Additionally, they have fought for centuries for their identity and rights. The conclusion of this paper's discussion can be interpreted as the inclusion of transgender children or adults in the mainstream education system or society; this requires an appropriate learning environment or social acceptance. Apart from content and pedagogical modifications, pre-service and in-service teachers must be sensitised to dealing with classes with transgender children. In light of the discussion, it is recommended that comprehensive in-service and pre-service teacher training programs be conducted for transgender children's education. The current teacher education programme should be restructured to include content specific to the transgender community, such as their historical background, way of life, culture, rituals, customs, life skills, psychosocial conditions, psychosexual aspects, involvement in various money-making activities, involvement in sex work, as well as legal provisions and welfare programs. This would increase trainee teachers' and trainee teacher educator's understanding of transgender issues, and they would be more willing to discuss issues affecting this community.

Kelsen's monistic approach indicates that its basic elements are the identification of law and state; the idea that a legal order is a compound of norms, the validity of which relies on a hypothetical basic norm, the Grundnorm. The idea of a union of primary and secondary rules to which so important a place has been granted, may be regarded as a mean between juristic extremes. This rule of recognition lies at the core of Hartian jurisprudence. The paper seeks to discuss and critique Kelsenian and Hartian jurisprudence and explain their importance as their nomological approaches to municipal and international law are given a place in ICJ case laws.

In a modern time, Female feticide-the selective abortion of female fetuses, females not only face discrimination in this culture, they are even denied the right to be born female feticide determined by many factors, but mostly by the vision of having to pay a dowry to the upcoming bridegroom of a daughter. While birth of the baby boy offer refuge of their families in old time and can execute the rites for the souls of late parents and ancestors, daughters are treated as a social and economic encumber. In India feticide is a moderately new practice, rising concurrently with the advent of technological advancements in prenatal sex determination on a large scale in the 1990s. Detection technologies have been distorted, allowing the selective abortions of female offspring to proliferate. Legally, however, female feticide is a penal offence although female infanticide has long been committed in India, According to the Census 2001 report the declining sex ratio which has been dropped to alarming levels, female feticide become common in the middle and higher socio-economic households, especially in north zone because of the low status of women such as dowry, looking up for son, as concern with family name are the main evil practice performing sex selection abortions in India. There is an urge to reinforce the law to stop these kinds of illegal practices, it impact overall societies especially on women. The paper will discuss the socio-legal challenges female feticide presents, as well as the consequence of having too few women in Indian society.

There has been a significant increase in the demand for gig and platform workers in recent years due to the rapid digitalisation in the labour markets, especially during the Covid-19 Pandemic. Companies usually classify these workers as “self-employed independent contractors” because they are not bound by the traditional “employer-employee” relationship. But there should not be a blanket classification as in certain cases, companies exert substantial control over the working conditions of these workers, which arguably puts them into the category of “workers” and not “independent contractors”. The primary aim of this research paper will be to analyse this growing issue of “misclassification” of gig and platform workers as “independent contractors” in all cases, thereby denying them of their well-deserved employment rights and benefits. In India, gig and platform workers have recently been recognised under the Code on Social Security, 2019 (“CSS”) but have still not been given any substantial rights or protection. Since the issue of misclassification is widespread in India, an analysis into the relevant Indian case-laws has been done to understand how to effectively classify gig and platform workers. For further clarity, the outlook of International courts have been analysed to efficiently understand how to determine the nature of employment relationships. It is essential to correctly classify these workers as it determines the kind of social-security benefits that they receive. Through this in-depth analysis, I have come to the conclusion that the classification of these workers should be done on a “case by case” basis depending on the “real” nature of their work and by applying the various tests laid down by courts across jurisdictions.

Consumer, the person who devours the resources around him to satisfy his day by day needs. The contemporary time is the period of purchasers, as we as a whole are Consumer for somebody. The privileges of buyers are hampered at each place of time. To save these privileges of buyers and to advance the hypothesis of government assistance express our administration had passed different authorizations since the time. In this current time, whether the establishments are independent to ensure the rights or e-clients involves reality. From unmerited exchange practices to monopolistic exchange rehearses, 1969 (the MTRP Act) to The Consumer Protection Act, 1986 to The Bureau of Indian Standards Act, 2016 to Consumer Protection Act, 2019, our administration can secure the clients. Article 46 of the Indian Constitution gives that 'the state will try to ensure the financial premium of the more vulnerable part of its populace and shield them from social foul play and all types of abuse which implies a wide range of disturbances and cheats in the commercial centre. It also includes people who should be entitled to general wellbeing and security. Even after such enormous existing laws, is a Consumer safe? Nobody can answer it as it relies upon the purchaser whether he knows about his privileges and obligations. In this situation, the world is moving towards Digitalisation. Internet shopping is outstanding amongst other illustration of it. The entire inquiry is whether the customers have adequate laws and information to help themselves from online frauds. Whereby e-commerce organizations are confronting different difficulties in the Indian market.

With the changing social norms of society, the law cannot afford to remain static, it changes with the changing social pattern of the society. The Indian society has noticed a significant change in its social structure in the last few years, it is now slowly opening its doors towards western ideas and lifestyles, one such concept is of live-in relationships. Live-in relationship i.e living together as a couple without marrying each other is being considered taboo in India, as it goes against the sanctity and sacredness of marriage. But with the changing norms of society, such relationships are being accepted in many parts of the world. The apex court of India has observed that live-in relationships are the results of changing times and they are not considered as a criminal offense and therefore they are not illegal in India. Since there is no definite legislation governing such relationships, the courts in many of the cases have issued certain guidelines for governing such relationships. This article aims to observe the current legal status of live-in relationships in India.

Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. Due process of law doctrine not only checks if there is a law to deprive the life and personal liberty of a person but also see if the law made is fair, just and not arbitrary. If SC finds that any law as not fair, it will declare it as null and void. This doctrine provides for more fair treatment of individual rights. Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must conform to the laws of the land like – fairness, fundamental rights, liberty etc. It also gives the judiciary to access fundamental fairness, justice, and liberty of any legislation. Each amendment contains a due process clause, which prohibits the government from taking any action that would deprive a person of “life, liberty, or property without due process of law." The due process clause provides several types of protection.

In spite of the fact that the International Court of Justice (hereinafter ‘the Court’ or the ‘ICJ’), the principal judicial organ of the United Nations might not be the first international court to come to mind concerning International Humanitarian Law (IHL) , it is argued in this study that its judgments and advisory opinions serve as a base both for the development of this field of law (IHL), and for the process called “humanization of international law. Grounded on such a point, the purpose of this article is to address the relevant jurisprudence of the ICJ regarding IHL such as -contentious cases and advisory opinions of- Corfu Channel Case , Military and Paramilitary Activities in and against Nicaragua , Legality of the Threat or Use of Nuclear Weapons , Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and to examine these cases for identifying how the Court has approached to the basic general principles of IHL and then to investigate whether it has -through the findings of these cases submitted and the requests of advisory opinions transmitted-, really made any noteworthy and/or original contribution to it. First of all, a general introduction of the subject in the first chapter will be sketched out by focusing specifically on the (positive) influence of the increase in the rhetoric of the notion of “international humanitarian law "(IHL)and stresses the norms governing IHL.The second chapter discusses the relationship between IHL and general international law and the reasons for the ICJ’s distinguishing role and importance for the matter at hand, and the third chapter will be devoted to analyzing the case law. Lastly in the Conclusion part, in the light of all these cases, the contribution of the ICJ to IHL will be assessed.

The digital services act and the digital marketing act were long overdue legislation which was supposed to be introduced in European Union. The anti- competitive behaviour along with the obsolete legislation, incapable of dealing with the new age challenges, together gave rise to this new proposed legislation. While the DMA deals with the market aspect of the legislation by keeping a check on the Big-Tech or the gatekeepers, DSA on the other hand hold the service providers more accountable for their behaviour. EU is not the first to deal with such challenges; countries like Australia and France have witnessed similar problems in the past. This legislation is actually an inspired by the new code introduced in Australia where the service providers were held accountable, and made Big-tech like Google and Facebook payed their due to the local newspaper. With the introduction of this new act, it is nearly impossible for it to not have any effect on the other countries. This paper also discusses the impact this legislation will have on other countries like UK, US and India.

The protection of Article 14 of the Constitution stretches bent both the natives and non-residents and to legal also as natural persons. This is signified by the words ‘any person’ in Article 14 of the Constitution of India. In a situation where equals and unequals are treated differently, Article 14 doesn't inherit the image. Organizations being juristic people are additionally deemed to urge the advantages provided by Article 14. The succeeding articles layout explicit utilization of the overall standards set down in Article 14. Article 14 applies where people that are equal are addressed contrastingly on no reasonable grounds. Such order without a doubt separates between people having an area with one class and therefore the others, however that itself doesn't make the legislation offensive to Article 14. The Judges clarified that the panel may confine view Court’s uneasiness that the amount of honors ought to not be so huge on weaken their worth. Procedural Fairness Aside from the overall rule that procedural segregation contravenes Article 14, the courts have likewise developed some broad standards of fair procedure from Article 14. Article 17 Article 17 places an entire ban on “untouchability” and forbids its practice in any manner whatsoever. In this manner, what Article 14 precludes is class-legislation however it doesn’t prohibit reasonable classification. While Article 14 restricts class legislation, it doesn’t preclude sensible classification of individuals. Article 18 Article 18 discusses the subject of Abolition of Titles.

For any new burning topic that comes into the light, we in majority cases, get the first-hand knowledge from any of the forms of Mass Media. Sources like newspapers, magazines and the internet contain information about almost every other happening on the globe. In today’s time we don’t travel an ocean or wait for pigeon to get the news. As time passed people use different modes to get information or to share information. In current time, Mass media do all things like giving information, news and all the important things among audience. Mass media plays very a crucial role for an audience to get information that what is happening around society on a daily basis. It is a channel through which communication travel from one way to another. It is of mainly two type- Print media and Electronic media. The interaction of media and the justice system has had a great impact on the overall justice delivery system. Reports published on these media devices leads to clues which form pieces of information that forms the basis of any investigation. Therefore, it can be said that Mass Media plays a very vital role in investigations. Here in this article, we would succinctly deal with what mass media is and its impact on the investigation.

A critical analysis of Human Rights and its mechanism in the world. The first half illustrates the situation of human rights during ancient times followed by its evolution accordingly. The major contribution of the UN charter followed by its role in the Universal Human Rights Declaration. The Later part of this article is dealing with the regional human rights mechanism in the world. The most developed ones are discussed with their origin, function, and jurisdiction for the same and their major role in promoting and protecting human rights in a particular region.

Negligence is a tort that is caused due to a breach of care by which injury or damages are caused to another individual. This act is usually caused due to a person not taking sufficient care while doing an activity that a prudent man would have. Negligence can be done to both a person and an object. Out of the different types of negligence, this article will focus mainly on contributory negligence which is also known as a partial fault. The concept of contributory negligence according to The Law Reform (Contributory Negligence) Act, 1945 points out that “where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim shall not be defeated by reason of the fault of the person suffering damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the Claimant’s share in the responsibility for the damage”. For the tort to be in the nature of contributory negligence, there must be a proximate cause of actual injury and if the accident could have been avoided if the individual took action as that of a prudent individual, then he will not be able to claim this defence.

In the increasingly digitised 21st century characterised by continuous finger tapping, ‘likes’ and ‘shares’, media plays an integral role in shaping our understanding and misunderstanding of social reality. While becoming increasingly tangled in this metaphorical online world offering the promise of increased connectivity, our sense of ‘reality’ has been greatly distorted. Truth has become indistinguishable from counterfeit simulation and the cyberspace strives to become more real than the real world itself. This has only been furthered by the unprecedented COVID-19 pandemic, promoting a greater sense of dependence on the virtual sphere necessitated by social distancing. Having eroded our sense of collectivisation and accessibility to in-person relationships, it has caused people to survive in an atmosphere of social uncertainty. Consequently, this article attempts to bring to the foreground the social distortion that has been engendered by the pandemic, fragmenting the public body into isolated pockets interconnected only through technological simulations of reality.

Sex work is nothing but providing intimate pleasure in exchange of money. Over the years sex workers have experienced downtrodden life. Sex workers are vulnerable to exploitation, harassment, atrocities etc. sex workers deserves equal protection of law. Indian law on sex work is vague, unclear and complex therefore India needs to work on unblocking the ambiguity perhaps by legalize it. Many support its decriminalization however it may not serve the purpose. The purpose of this research paper is to ascertain the probable impact of legalizing sex work in India. Researcher has adopted doctrinal method to make intensive analysis. It is important to work on this sensitive issue because in the absence of clear law, sex workers shall be exploited by police officers, agents, masters and violent customers. Owing to the partial legality and ambiguity in determining status, it becomes difficult to extend protection to sex workers. To overcome these issues India must legalize sex work immediately.

This research paper aims to talk about the crime against women in present modern-day Indian culture. The paper's focal shine illuminates the offense against women in India, administrative measures for something similar, and to-win over-friendly difficulties starting crime against women. Crime against women is not limited to a particular culture, locality, country, specific gatherings of women inside the general public. The crime against women takes numerous structures physical, sexual, mental, and practical. The foundations of crime against women lie in the ongoing victimization of women. Even after a few authoritative and different middle and state governments' measures, crimes against women like rape, kidnapping and abduction, dowry deaths, torture, attack, improper behaviour, and girl child importation are not declining. These types of crimes are interrelated. Women who experience such crime undergo a scope of physical and emotional well-being issues, and their capacity to take an interest in social life decreases. Crime against women hurts families and networks across ages and supports different indecencies predominant in society. The legitimate revealing of rape and attack cases, successful law requirement offices, commendable discipline, zero biasness against rape cases, effective and productive Indian Police System, making authoritative mindfulness among women, and appropriate preparation of women to manage crime against them could be measures to eliminate or if nothing else to diminish the crime against women in India.

Article 21 of the Constitution states, “No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law.” This means that before depriving a person of his life, the state is required to put up that person on trial in accordance with the provisions of the Criminal Procedure Code. Fake encounters, on the other hand, completely sidestep and circumvent this legal procedure, as they really mean bumping off someone without a trial. Hence, such encounters are totally unconstitutional & in total negation of the Principles of Rule of law & constitutional propriety. They are naked abrogation of Human rights & fundamental principles of Criminal jurisprudence which postulates that an accused is presumed to be innocent until proven guilty by a Court of Law, rising cases of fake encounters in India has tarnished the Image of India at global level on human rights index & given a bad taste to our goodwill at International Forum. Recently, there has been a sporadic & considerable rise in the cases of Fake encounters in our country which is a dangerous precedent & such street justice is not at all acceptable in a civilized society governed by Rule of law. In the current article, author intends to examine the meaning & facets of Fake Encounters in India, legal & Constitutional mechanisms enumerated in India & various International instruments which cover the field. There has also been brief mention of various judgments of Supreme court of India at relevant places which has heavily criticized this illegal practice & has called for exemplary punishment to delinquent Cops who indulge in such unlawful activities & literally called them” Cold-blooded Murderers”.

The theme of this study was Indian Organ Trade: Public and Private Sector. It was believed that research literature on this subject is dominated by Human Rights Discourse (HRD), which prohibits analysis. The aim was to check whether thinking outside human resource development and asanas in weak cultural relativity could create a better understanding of the underlying causes of Indian organ trade. Using discourse analysis, Indian reality was incorporated and conceptualized as inequality poverty discourse and discussed human resource development and organ trade. The objective was to help in creating a diverse basis to solve the problem of organ trade. Using empirical evidence from Lucknow and Bangalore, it was shown that literature was banned by the Ministry of Human Resource Development. The study concluded that organ trade cannot be supported by law based on human rights, but can be combated by scientific medical studies, by providing organ sale options and strengthening the media.

This paper deals with Marital Rape Status in India, Section 375 (Exception of IPC) Why Government Should Remove it immediately? In this paper, I have briefed the emergence of Rape and punishment defined; in 1900 BCE in Babylon, a man could be sentenced to death for forcing sex upon someone's wife or daughter on the ground of Vandalising someone else property. Also, I have dealt with marital Rape in India, which is not defined in the Indian penal code. Hence, it has not been criminalized and is largely not viewed as Rape by Indians due to the sacred nature of marriage in Indian culture. Thus we cannot find any good law in the Indian Penal Code and our Indian Constitution; hence we can say that marital Rape has immunity in our rules. Domestic violence and Marital Rape, Rape are a part of domestic violence, and it is because of our Patriarchal mindset, society, or structure. The Indian Domestic Violence Act regards marital Rape as a form of domestic violence and provides for a lesser jail term than non-marital Rape. Need for cognizance of marital Rape and a debate for non-criminalization, and here I have discussed the justice Verma committee and very recent judgments of different courts.

The Partition of India was the process of dividing the subcontinent along sectarian lines, which took place in 1947 as India gained its independence from the British Raj. The northern, predominantly Muslim sections of India became the nation of Pakistan, while the southern and majority Hindu section became the Republic of India. In this paper I have researched upon the reasons that led to the partition of India and division of Punjab.

The world of pessimism, control and domination is the most despised world to live in. George Orwell is famous for creating such a world in his novel, Nineteen Eighty-Four. This dystopian novel creates a sense of warning to the readers who considered this novel as a prophecy of the future. This post-war novel consisted of elements that divided the world into different realms of the constant fight with the help of technology. This paper discusses the elements of dystopia in the novel and the reason for its emergence. The paper also discusses the satirical way of writing by Orwell, which included events from that time period that made an impact in many writers’ minds. Furthermore, the development of technology helped in the creation of such a pessimistic world and freedom and individualistic choices were snatched from the people and a new language was introduced to restrict the spread of propaganda within the country. The paper also discusses the author’s suggestions for the readers to prevent such events from happening in the real world. With the development in the field of science and technology, people must be careful in order to maintain the autonomy that we have. The paper ends with a precautionary note about how people of the society must behave in order to avoid a situation similar to that of the novel.

During the last decade, the reporting of rape cases have drastically increased, owing to which there have often been demands for stringent laws to deal with the rape offenders. However, people have overlooked one of the most under-reported forms of forceful sexual intercourse i.e. marital rape. The codified laws provide protection against marital rape only in only two circumstances, namely, when the wife is minor or when the husband and wife are living separately, thus leading to non-reporting of the cases. Recently, the Indian judiciary has been making attempts to grant some relief to the victims of marital rape, but the offence has not been able to find its place in the penal laws due to various societal factors. On these lines, the article analyses various factors and discusses the responses put forward by major reformative bodies in respect of marital rape.

Geographical Indication (GI) tag is a unique type of intellectual property where a legal recognition is given to products originating in a specific geographical region. A GI tag refers to the quality and speciality of the product with respect to its place of origin. Producers of geographical regions can apply for a GI tag for food products, agricultural products, wine and spirit drinks, handicrafts, textiles, etc. Articles 1(2) and10 of the Paris Convention for the Protection of Industrial Property and Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement specify about Geographical Indication as a part of Intellectual Property. There are guidelines issued by the Department for Promotion of Industry and Internal Trade regarding the requirement and process of registration of a Geographical Indication. The importance and current status of Geographical Indication (GI) for tribes in India has been emphasised in this research paper. Furthermore, this research paper also looks into challenges faced by the tribes in getting the GI tags registered. This is to highlight the importance of registering the products with their Geographical Identification tags to preserve their authenticity and originality

Social networking technology provides a collaborative and interactive platform for Internet users to socialize. Users are more open to expressing their thoughts and sharing information, increasing internet violations in the process. Cyber stalking is a violation faced by internet users. Cyber stalking is a real stalk evolution. It is like stalking others through communication technology. Some overt methods of cyber stalking and digital harassment include "attacks" by unwelcome friends requesting or sending messages, spam, and the transmission of viruses. Behaviors such as sending abusive, threatening, or obscene emails to the victim or the victim's family are likely to be further exacerbated. According to a survey those who uses the Internet for more than three hours a day, they were vulnerable to online stalking. Additionally, those who used the Internet for more than five hours a day were faced with cyber stalking. 50% of these cases are not even reported to the police. This cyber stalking has a great psychosocial impact on individuals. Victims report many serious consequences, including increased suicidal thoughts, fear, anger, depression, and post-traumatic stress disorder (PTSD) symptoms. Faced with this phenomenon, they devised strategies such as family-friendly and asking for help from trusted friends. The positive effect of cyber stalking exposure is that they tend to be careful and cautious about sharing personal information through social networking sites, depending on whether they are online or not. In order to assess these social issues, we need to look at various aspects of cyber stalking.

Deferral in equity and significant expenses of prosecution are significant downsides of the Indian judicial system. These variables have brought about the deficiency of confidence of individuals in the Indian legal framework. Accordingly individuals try not to go to courts for their civil cases and disputes. This absence of confidence has fostered the goal of debates by elective strategies like Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR). These strategies have been demonstrated fruitful in decreasing the pendency of cases and expenses, in created just as in developing nations. Information and Communication Technology (ICT) after the improvement of PC and web innovation has portrayed a significant part in each circle and accordingly dispute resolution has additionally been influenced by this change. Online Dispute Resolution has arisen because of mechanical changes and the advancement of online networking. It is another idea and is fit for tackling the issues of the legal framework, and ADRs. It has been demonstrated to assist the courts with diminishing the immense excess of cases particularly at area and subordinate levels in various nations. The E-Court framework has additionally been viewed as a piece of the ODR development. In various created nations like the USA, Australia, New Zealand, Canada, UK, and so on awards were given by the public authority to ODR projects, and various drives were taken to help web based business and the ODR framework. In India, the system is prepared to help the new changes and ODR framework. There is a requirement for ODR to take care of the issues of the Indian legal system. Indian government should genuinely consider strategising toward this path.

This paper talks about human rights as the basic norm that aspire to protect all the people from any severe political, legal, and social abuses that would hamper their rights as a human being. And also talks about economic injustice or economic inequality as the unequal distribution of income and opportunity between the different groups in society. Judicial enforcement has a clear and wide role in developing the understanding of these rights, like in remedying clear violations, and in providing decisions on test cases that can lead to a proper institutional change and prevent future rights violations. Economic issues have very much entered the human rights arena, they primarily have done so with the aim of poverty reduction, through the deployment of social and economic rights, and therefore the right to development also. Moreover, to some extent, these approaches not only remain on the margins of human rights but are also often embedded in prescriptions for development that specialise in economic process, and neglect the distributive consequences of that growth.

Albert Einstein has rightly said, “The hardest thing in the world to understand is the income tax.” Many a times a tax payer feels the need to club income of someone else with his income. This happens when he is planning to transfer any of his assets/ income to another person as a means of tax planning to avoid the income getting taxed in his hands. The outcome of such transfers is clubbing provisions under the Income Tax Act, 1961.

The fact that attributing the Darfur conflict to environmental factors obscures human agency and, as a result, accountability for the violence is widely acknowledged. However, this point is frequently made in terms that reduce the Darfur conflict to one of political and economic marginalization alone, implying that the government is to blame for the violence. As a result, the academic discourse has created a false dichotomy between a local conflict that has been "depoliticized" and a national conflict that has been "polarized." This article attempts to reconcile that polarized debate by looking into the contested institutions in Darfur that are relevant to internal Darfur conflicts, the conflict with Khartoum, and regional conflicts, particularly those involving Libya and Chad. Three case studies of conflict in Darfur are examined, with a focus on the complex interplay between livelihood solidarity (which minimizes ethnic divisions) and ethnic solidarity (which emphasizes ethnic divisions) (which feature highly in conflict). Regional and national conflicts interact with conflict within Darfur through manipulation of contested institutions, among other means. The paper examines how divergent framings of natural resources and conflict have been instrumentalized within the global discourse on Darfur, to the detriment of both the search for peace in Darfur and a theoretical understanding of the links between natural resources and conflict.

The present paper is an analytical commentary on the position of women directors under the Company Law. It discusses the dilemma that women have faced for eons, and its connection to gender diversity and inclusivity issues. It further delves into Section 149(1) of the Companies Act, 2013 understanding the legislative intent behind the mandate of inclusion for women directors. Here, the paper takes a statistical approach, comparing data from prior to the enactment of the section and post, and goes on to highlight the underlying issues in the data. The shortcomings of the lacunae are discussed along with the current position and problems of both women directors and the companies. The paper concludes by suggesting utilitarian solutions.

Academic research is related to literary work and due to lots of similar research works the chances of getting illegally copied raises. So, to protect from being unauthorised copy of work Intellectual Property law gives protection by Copyright Act. For that it provides few essential criteria which need to be fulfilled. The guidelines are generally very common in all Countries. So, generally any research work which is done get protected easily in all countries. But if any person does not follow that guideline, then he or she shall not be protected by Copyright in lieu of protecting they get penalised. Copyright Act protect author by prohibiting others to copy work without permission.

Trademarks serve as identifiers and representatives of a company's goodwill. In recent years, there has been a lot of fuss about trademark infringement through various techniques, one of which being cybersquatting. Cybersquatting is the registration of a domain name that contains a reference to a well-known trademark in order to create the false impression that the domain name belongs to the trademark owner. Such misrepresentation can jeopardize a company's future potential. However, there is no regulation in India that governs cybersquatting, and efforts to achieve this goal have been primarily piecemeal. Despite the existence of an international framework to combat cybersquatting, it is insufficient to address the growing threat of cybersquatting. This document provides the groundwork for enacting anti-cybersquatting laws in India. The authors have adopted black letter method of research and has used secondary materials such as books, online journals, databases, newspaper reports, statistical data etc. to arrive at conclusions.

Non-Fungible Tokens (NFT’s) depict a digital certificate of authentication being created on the blockchain technology which is similar to other virtual crypto assets and currencies. The popularity of the blockchain technology along with dealing in crypto assets has seen to grow manifold in the recent years. Having said that, the NFT market is also mushrooming as witnessed in the recent years. The very concept of NFT originates from a token standard of Ethereum, aiming to differentiate and distinguish each token with its unique signature being bound with digital properties. The impressive return on its rapidly increasing market worldwide has drawn massive attention, with India too having witnessed a heightened interest in this digital sector, especially from the upcoming new-age investors and digital creators. However, development of the NFT ecosystem being in an early stage has seen an absence of a regulatory legal framework to govern such pre-mature digital crypto assets in the country of India. The legal intricacies surrounding them is plentiful which has further lead to a lack of clarity in regards to its legal validity and sanctity. The upcoming artists may tend to get lost in this frenetic evolution with lack of systematic summaries. This paper intends to explore the concept of NFT in contrast to cryptocurrency and copyright along with its working and technical components. It aims to analyse the legal pitfalls which impact its functioning along with the opportunities and challenges faced by the Indian legal framework in terms of cryptographic assets

Nationalization of banks is one of the most significant event in the history of India which took place in 1969 under the then Prime Minister Indira Gandhi. The Indian banking system has passed more than 5 decades. There were number of reasons responsible for such a historic event to take place. There were debates going on all over the country. Nevertheless, after more than 50 years, there are still some obvious changes needed in the system. Many do not have an access to formal money and banks are over burdened with bad loan credits. These along with many other reasons that are good enough for a course correction. There are plenty of advantages as well as disadvantages. This article aims to provide a good understanding of the topic including the history, reasons, pros and cons and the current scenario.

India is the largest democracy in the world where the Government is formed ‘by the people, for the people and of the people’; which means the will of the people is supreme and the people of India are sovereign. This concept of democracy was founded upon the essence of Mill’s Theory of Utility, as it talked about ‘maximum good of maximum people’ which later developed into ‘establishment of will of the maximum people’. While abolishing the special status, i.e. having a strict federal sovereignty that Kashmir used to enjoy for being a part of India by the virtue of the Instrument of Accession, the will of the people was neglected and many provisions of the Constitution was misinterpreted and misused. This write up attempts to provide an evaluation of the incidents of Kashmir and how the ignorance towards utilitarianism resulted into overthrowing democracy, the Constitution of India and its moralities embedded. To do justice with the subject, literature of theories of justice will be analyzed in order to establish the illegality of it from the very foundation and its adverse effect to the democratic principles, without going into the political need of such happening. The question is not whether the provision is desirable or not, but whether the Central Government could use the temporary and indirect cover of Presidential Rule to permanently affect the federal structure of the India.

We will be talking about the criminal justice system’s work proceedings in the federal system. Each and every state of the USA has its own court, own rules, and own court proceedings. There are some differences between the states and the federal system process of justifying criminal cases.There are many unique points in the process of US federal system of criminal case justice. Being a developed country, the USA have to be unique and extra-ordinary in terms of the processes of Federal System as they are now at present. These steps help us to know more deeply about the federal justice system of the US. In India, the jury system is now not present, but we can see the jury system in the USA federal justice system. It is one of the main differences between the justice system of India and US federal government.

Atrocities against women present a challenge to society, law enforcement and public affairs. The recurrence of such crimes indicates their deep-rooted nature in structures of patriarchy prevalent in India which continues to perpetuate and normalize gender violence. This paper examines the criminal offence of rape in India with primary focus on the lacunas existent in the laws against rape and its implementation. The introductory segment of the paper presents a detailed understanding of the legal provisions against rape, specifically Section 375 of the Indian Penal Code. It explores the ways in which the legal provisions of rape have displayed inefficiencies and lags. This is essential as knowledge of legal insufficiencies is a precursor to address the central aim of the paper i.e. highlighting the deficits in implementation of legal provisions against rape and conceptualizing solutions. The main aim of the paper is to sketch an analytical critique of the Indian criminal justice system and its incapability to secure redressal to the victims of rape. The paper elucidates the gaps between normative legal provisions and the social reality of the execution and implementation of counter-rape laws. It studies the reason for the existence of various defects and procedural infirmities in the working of the criminal procedure system which causes a delay and even denial in the process of securing of justice to sexual abuse victims and punishing offenders. The paper concludes on a futuristic note emphasizing the need for reforms and measures to make criminal justice institutions more adept at addressing offences of rape. It stresses the need to institute adequate checks within criminal justice institutions and ensure adherence to legal procedures in order to counter rape in India. Changes and evolutions in society have necessitated a reconceptualization of provisions to counter rape in order to make it more inclusive, relevant and effective in securing justice for rape victims.

In recent years, there has been an increase in the number of reverse mergers involving Indian corporations. There have been numerous examples of cross-border reverse mergers between Indian and US corporations, in which Indian companies have bypassed existing domestic rules and accessed the US capital market through the back door. In light of this, the purpose of this study is to critically assess the performance of India's reverse merger regulatory framework and to identify major issues and flaws. The authors claim that the current regulatory framework does not effectively safeguard public shareholders and exposes the capital market to corporate governance failures. This paper delves deeper into international trends in cross-border reverse mergers, with a focus on emerging countries, and examines the fundamental drivers and obstacles behind this phenomena. The report finishes with a warning to Indian companies considering cross-border reverse mergers, based on lessons learned from the failure of Chinese reverse mergers in the United States, and then lays out the regulatory reforms that will be required in the future The author's goal in this endeavor is to Explore the international development in cross border reverse mergers, analyze the efficacy of the regulatory framework governing reverse mergers in India, highlight the critical issues and lacunae in the legal framework, critically examine how reverse mergers affects shareholders in long run, critically analyze the drawbacks for opting reverse mergers in long run, how reverse merger has opened doors for backdoor delisting, how reverse mergers serves as a pathway for cross border entrance for Indian Companies , explore the motives of reverse mergers apart from getting listed, and Critically analyze salient features of the regulations passed by SEBI in 2017.

The Covid -19 pandemic has changed the lives of many because of its devastating effect. The unprecedented demand for life-saving drugs, equipment needed to save lives has put pressure on every country’s ability to manufacture these essentials on a large scale. People have to be vaccinated to prevent people from being infected. Thus, the nations are exploring various methods to procure and manufacture these vaccines, medicines, and equipment to meet the needs of their citizens. In a vast country like India, the demand is immensely high. This article explores various options India have, such as Compulsory Licensing, Voluntary Licensing, and asking for a TRIPS waiver, in order to procure and manufacture vaccines and medicines.

The concept of legal translation is distinctive, it can turn empires into a tale of rags and riches without any prejudice. Hence the paper-primarily attempts to understand it's refined nature and transformed approaches and strategies from historical to the contemporary era. The relative rudimentary action is to unravel the necessities and urgencies of the contemporary world for which demand for legal translation has increased drastically. Also, it strives to decode the mind map of legal translators and risks involved for the translator himself. It is much of a noble profession like that of surgeon. The way a surgeon’s even slightest of imprecise cut of the scalpel can cost one's life similarly an imprecise or a mistranslation and misinterpretation can apparently cost thousands of lives in wars and loss of lucrative economic trade, bread earner for millions of ordinary people. The research paper systematically weaves the web of explanation connecting dots with appropriate examples as and when needed. The paper has rephrased the complexities of strategies and methodologies without changing any of its concrete core values for better comprehension.

The new farm act passed by government has great impact on farmers and indirectly to economy. This paper will describe why farmers are protesting against the bill, why they are feeling insecure. What is the view of common people and what are the loopholes/drawbacks they are thinking this law have? Along with that we will discuss the actual content of three acts and how rural economy, APMC (Agricultural Produce Market Committees) markets, MSP (Minimum Support Price), farmers will be impacted by the new policy.

This article takes the subjective analysis on the recent rise of sedition charges and suppressed right to dissent. In the Indian Democracy, the innate right of freedom of speech is not absolute because the constitution itself states reasonable restrictions to protect the integrity, security, and unity of the state. This is why some of the outrageous laws which can be easily misused in order to hide the real narrative and criticism against the government are still in existence. This article holds the holistic viewpoint on the thin line between hate speeches and necessary criticism. The difference is causing people years in custody without getting fair trials. As a part of Judicial Activism, the Supreme Court benches reiterated the landmark judgments that are the extension to describe when sedition laws can or should be charged on the accused. The rising cases of sedition charges where more than 3/4th of the accused were acquitted fairly are the depiction of how the laws are being overused to set in the fear against racing the voice of dissent. It is prominent to use the freedom of speech justifiably without being afraid of law enforcement. The article narrows down the issue and suggestions as a path to improvement.

In contrast to South Africa, the Indian Constitution did not require the creation of an unanimity on what a democratic India should seem like. Most of this accord had developed during the conflict for independence. “Perhaps, the greatest achievement of India after the attainment of independence was framing of the Constitution within a period of three years from December 1946 and November.” The constitution is the primary law of the land in a democratic society. India's constitution is one of the world's longest and most comprehensive codified constitutions.

There may be justifications for abandoning Article 19 under Article 358 throughout a state of emergency based on war or extrinsic hostility but restricting motions to the court for anything other than Article 19 (but apart from Articles 20 and 21) and abandoning backlog court hearings cannot be substantiated at any expense. According to Article 358, Article 359 could perhaps have remained limited to the cessation of Article 19 implementation solely in the event of a war or external attack, not in the event of a financial crisis or an armed insurrection. Especially within the Right Against Exploitation, Article 21-A Right to Education, and Articles 23 and 24, namely, Prohibition of Human Trafficking and Coerced Labour, and Prevention of Child Labour, are prohibited. Can therefore Article 359 be justifiable in such a situation?

A child is considered the key to unlocking the door to the growth of any country. If a child is cared for rightly, he can do wonders; however, these young minds are being tortured and abused in the present modern world. They are being indulged in unhealthy practices of pornography. There is the sword of Damocles on a child in the form of child abuse and sexual harassment. Neurological studies show that the early years are the most crucial in a child's life. Hence, optimizing these years of a child's life is the best investment we can make to develop their future. Thus, the hour requires to protect these young minds to preserve the country's future. POCSO Act 2012 showed a ray of hope to achieve the same motive. However, the recent increase shown in these crimes shows the futility of this Act. In the landmark judgment, the Supreme Court ruled that a man who has sex with his minor wife is culpable of rape. The move is presumed to go a long way in discouraging the practice of child marriage in India. It is also likely to bear the criminality of marital rape. This issue has been widely debated both by parliament and the courts. The exception carved out under S. 375 (which defines rape) exempting marital rape for minors is artificial and contrary to Article 21 (right to life) of the Constitution of India. The purposive reading down was done to align with the POCSO Act, 2012, in the spirit of other pro-child law enactment and the human rights of a married girl child.

Disputes in the world today can be perceived as one of the negative impacts of globalization. They arise in diverse forms and milieus including in the field of business. Most business entities nowadays find solace in referring their disputes to arbitration than litigation. Even in the midst of such considerations, the seat still remains a mother concept in arbitration that gives birth to others such as the law governing the procedural aspects of the arbitration, the supervisory role of the courts over certain aspects of the arbitration like the award as well as the enforceability of the award. This paper will there seek to provide answers to the questions; what is a seat of arbitration? What is the difference between seat and Venue of hearing? What to consider when making the choice of a seat? And, how important is a seat to important aspects of arbitration? Probing into concepts such as party autonomy, an arbitration clause and the election and competence of the arbitrators are not within the scope of this paper

In the previous hardly any months, COVID-19, the malady brought about by another strain of coronavirus, has detonated over the globe. The spread of the infection has been coordinated by the expansion of misinformation and ‘hate speech’ coordinated at people of Chinese or Asian descent, the world over and on Muslims in India. In February, the World Health Organization raised worries about an 'infodemic' brought about by a surge of bogus and deceiving data about COVID-19. The media and online media organizations should likewise add to the battle against misinformation and ‘hate speech’ identified with the COVID-19. Worldwide and public laws perceive that phenomenal conditions require unprecedented measures. This implies those specific fundamental rights, including the right to freedom of expression and the right to seek and impart information, might be confined to address the current emergency as long as governments apply fundamental popularity based standards and a progression of protections, and the obstruction is legal, restricted as expected, and not self-assertive. In this paper, I have characterized and validated the rule of law, and the rights to freedom of expression and the right to receive and to impart information, just as the anti-racist thought invaded into the contemplations of common man, is ensured all through this emergency and later on.

India is known to be a country with diverse culture and traditions which makes the country rich in flavors of various spices and crops, as well as traditions which hands over the responsibilities to carry them forward with due respect to the environment we live in. Indians, the people who believe in carrying forward their ancestral practices which keeps their culture alive through several ways. Farming is even an occupation as well as a culture in India, which makes this country second largest agro based economy country. This country harvests number of crops which generates large amount of agricultural waste too, and due to absence of adequate decomposition management of crop waste, farmers mostly in northern India prefer crop residue burning. Crop residue burning is a traditional method to set fire to the straw stubble that remains after grains, which is restricted by Indian government with the reason that it not only reduces the soil fertility but also harms the environment and the health of people during the time of Covid-19. This research paper will talk about the impact of Crop Residue burning on environment and the health of people during the situation of Covid-19, the reasons of it being practised continuously even after being restricted by government, legal as well as governmental measures to restrict this practise

Nobody intends to abandon his home and choose an entirely different livelihood. There are multiple reasons why individuals from around the world seek to rebuild their livelihood in a different country. Some people rebuild their lives in a different country to get an education or a job. On the other hand, some people are forced to leave their country as a direct result of Human Rights violations, for example, torture. Millions of people move to another country to save their life from armed conflicts and other crises of violence. Since the 1947 partition, India has hosted thousands of refugees. The life of these people has not been easier in India in the absence of the refugee law where their rights are not secured and their citizenship are not granted. The lives of the children are unpredictable, the futures of the families are uncertain. However, with the increasing complexity in managing asylum for refugees and securing rights for them, the need for introducing a refugee law in India has become more significant in the present time. The refugee issue in today’s world has become an international and multidimensional concern that has challenged the international community. Despite the rights provided in the Universal Declaration of Human Rights regarding the right to asylum, many states including India fail to provide any specific legislation governing the situation of refugees in the country. Irrespective of this long history of refugees in India and the present scenario with the Afghan refugees, the country is still not considering the implementation of any refugee policy or the law of its own. The main aim of this article is to understand the situation of refugees in India in the absence of refugee law. It will also try to understand why India desperately needs to adopt a refugee law concerning the situation of Afghan refugees in the country.

Euthanasia in simple term means mercy killing one of the most debated topics so far. Like every coin has two face euthanasia also have pros & cons in it. In this paper, we will try to understand both sides in-depth so that we can conclude that either euthanasia has to be allowed or not & if allowed then on what conditions, we have to understand that if anyone didn’t want to live his life with non-curable disease or pain then, there has to be an option for him to die with dignity also while researching we will keep in our mind that what are the disadvantages of allowing euthanasia in India cause as we all know that animal euthanasia is allowed in India due to which doctor didn’t even want to give a try on a patient, It is a very vast topic with many types one have to discuss about all & there affect to come on a conclusion that out of these what have to be allowed & in what manner because sometimes what may seem to good is not same in real life It was observed that for a lot of people living life on a life support is worse than death nobody knows about the pain & suffering he is going through but we also have to understand conditions to apply the same in a way that it dint become a tool for doctors & family to easily let go anybody.

The society has changed, now it argues towards equality among men and women but when it comes to equality in sports silence prevails. Women’s sports are less broadcasted than male sports events by the media. Women face various constraints in sports in comparison to men. To name some, meager payment, lack of female coaches, biasness in awards, lack of family support. It’s high time that they should be given equal opportunity in this arena. This paper highlights the challenges and possible measures which can be implemented for better participation of women in sports.

In the past 20 years, many convicted prisoners are exonerated by DNA and non-DNA evidence, revealing that police-induced false confessions are a number one explanation for wrongful conviction of the innocent. In this Article, confessions and false confessions, causes that are responsible for the elicitation of false confessions—misclassification, coercion, and contamination, the three psychologically distinct types of false confession (voluntary, compliant, and persuaded) are discussed along side the results of introducing false-confession evidence within the criminal justice system. The article concludes with a quick discussion of the strategies and the way false confessions are addressed in India, for reducing the amount of false confessions and improving the accuracy of confession evidence that's introduced against a defendant at trial.

This paper analyses how consumers of India are being protected under Consumer Protection Law from the retailers. Besides the protection available under the legislations, does it guarantee fair trade practices by the retailers. Descriptive research design was adopted for the study. It is concluded that only a class of consumers are protected under Consumer Protection Act.

The paper talks about the ongoing sectarian tension in the Middle-East and how the two main countries in the Middle-East, Iran and Saudi Arabia, are struggling to expand their influence in the region. The two countries by inciting their respective sectarian groups have caused much damage in the Middle-East. Though they do not fight directly but have set up their proxies in different countries in the region who do the fighting for them. The paper talks about how the two belligerents have had conflicting interests in different countries and how they were able to establish their proxies to fight for them. It also talks about the political conditions which existed and which led to the eruption of sectarian violence in the Middle-East. Doctrinal methodology has been resorted to for the purpose of research.

The issue of surveillance law in India and its limitations has gained traction after the recent Pegasus incident where an Israeli-developed malware called Pegasus was used to target and steal information from the phones of several individuals. Reports claim that the software surveyed approximately 1,400 phones worldwide. This incident along with many other instances has raised concerns among citizens regarding unauthorized surveillance and breach of cyber security. This paper highlights and analyses the regulatory legislation regarding surveillance laws in India. The two main provisions are the Information Technology Act, 2000 and the Indian Telegraph Act, 1885. The paper discusses the threat such unauthorized surveillance poses to the right to privacy which is enshrined under Art.21 of the constitution. The capacity of the government surveillance as per the license agreements. The paper also analyzes the recent judgments of courts regarding surveillance and the proposed Personal Data Protection Bill, 2019. The paper finally discusses ways to improve the inadequate data protection policy.

We inhabit a society where people from different castes, races, religions, and nationalities coexist. However, one facet that we commonly share is ‘birth’ and ‘death’. The life of a person is chiefly considered and has been defined primarily in multiple international declarations as well as a fundamental right in the constitution of India. India, the hub of various religious beliefs, has always been against the practice of euthanasia considering life to be the gift of god where god can only take this irreplaceable gift away. Euthanasia or mercy killing is a procedure exercised to alleviate the affliction faced by individuals and propose a recourse for them to determine when they want to end their life. It is nowhere similar to suïcide and many countries have already legalized both forms of euthanasia I.e. Active and Passive. Those people who do not come forward in support of this are the ones who believe that poor people who are incapable of affording healthcare or people with physical disabilities will be discarded from society. They also think that people who are mentally challenged should be provided with help rather than asked to end their lives. They trust in the sanctity of life and efforts should be made to protect and extend it. On the other hand, a lot of people believe that this is a very personalized opinion and everyone should have the autonomy to decide what they desire for their well being which also includes their death. They do not challenge the supremacy of life but they believe that determining their formal death is a part of their right to life. The author of this research analysis wants to study the current status of Euthanasia in India, various judicial proclamations, and most importantly to apprehend where does ‘Right to Die’ stands in the light of the ‘Right to Life’.

Violence against women is not something new. Women are subjected to violence since a very long time. It was only in 20th century that the need was felt to tackle the impending menace of violence against women. After the inception of UN various efforts were made by the international community to prevent this kind of violence. However, even after continued efforts of international community plight of women in countries like India remained more or less similar. India, which is a home to around 662 million women, struggles to lessen the instances of violence against women. The problem of women related violence is the most irking issue which has haunted Indian Government for decades. The main cause responsible for violence against women in India is the deep rooted patriarchy embedded in the Indian Society. Albeit the impending problem, there are various safeguards provided in the Constitution of India to prevent the instances of violence against women. This research paper is an attempt to study the meaning of violence against women, factors leading to violence against women in India and constitutional safeguards to prevent violence against women.

Man is a social animal. Sports has been an ancient part of this animal society. In today’s day and age, a new genre of sport is emerging and establishing itself. E-sports. This new branch of sports has taken over the world by surprise. The emergence and popularity have been discussed further in the research. In E-sports, like every other technological development, it is very difficult to understand its scope completely and regulate it. In India, there is still no specific law that governs and regulates E-sports. This research aims to understand and shed light upon issues that surround E-sports in its entirety. With E-sports gaining such a weightage that it might make its debut in the Olympics, there comes a need for its regulation and development just like every other sport. There are several key issues to be understood- Firstly, the IPR and its issues surrounding the game; player’s image rights, the issue ownership of broadcasting and publishing of E-sports. These issues are discussed vaguely among other sports but with E-sports it becomes an issue of higher gravity. Secondly, issues such as cheating, match-fixing, doping and gambling are wide spread and no global structure has yet been developed. Thirdly, like other sports, the career of E-sports players is also short lived and it is essential nature that disputes are resolved in an efficacious manner so as to not affect the players, teams and tournaments. For this the role of arbitration in sports will be discussed along with emphasis on Court of Arbitration for Sport. With the rising level of E-sports rivaling that of other traditional sports, it is on the road to becoming a multi-billion-dollar business as well and along with all the implications of such magnitude, there is a lot for Law and Legislation to take care of.

This research paper focusses on the provisions of Article 15 of the Constitution of India that widely discusses about protection of citizens of India from any type of discrimination. India is a very diverse country and has people following different religions, beliefs, speaking different languages, cultural differences, etc., in a country with such diversity, discrimination occurs definitely. For the protection of the rights and interests of the citizens, the Article 15 exists. It protects the citizens of India from racism, untouchability, discrimination on the basis of religion, gender, and various other forms of discrimination. The type of discrimination that is widely evident in India is the discrimination based on caste system. The division of lower caste and upper caste is the birth of discrimination and untouchability, even though untouchability is an offence in India now and abolished, there are still parts of India, where people face untouchability due to lack of legal awareness and caste beliefs. The people divided as lower castes are discriminated the most for being born under a particular caste that is believed to be ranked low from those people who are born in higher caste, this leads to discrimination. The Article 15 strictly describes such discrimination as an offence and people who are found guilty of such offence are punished and penalized. For economic advancements of the socially backward classed due to such discrimination that took place in India before independence, the Constitution of India provides reservation to the Scheduled Castes, Scheduled Tribes, and Other Backward Classes of the citizens. In 2019, another category of weaker section was added by insertion of Clause (6) in Article 15, the Economically Weaker Sections (or the EWS). The Article 15 provides reservation to the people from these sections in educational institutions, in government jobs as well as in some private jobs. It is done for providing them an equal opportunity to advance economically as they are backward financially and socially due to the discrimination, struggles, and challenges they have faced pre-independence. Not only on the basis of backwardness, but Article 15 also covers discrimination based on gender. Women have been fighting for equal rights and opportunities for a long period of time and slowly they are getting recognized even though the provisions existed way back since the 1950s. Article 15 covers the protection of women and providing them special provisions for the purpose of achieving the objective of equality as stated in the preamble of the Constitution of India. Women rights are widely considered with the dynamic changed being adapted by the society. Not only women, even the other genders of the LGBTQ+ communities have started gaining recognition and protection. There is still need for more provisions for the other genders of the LGBTQ+ communities, other than women, they face a lot of discrimination, verbal as well as physical abuse. Even their interests were not accepted until 2018 when the Section 377 of the Indian Penal Code was decriminalized. In countries other than India, the outbreak, and protests for them have been going on since 1952 and many nations have accepted them and have provided them protection through rights. Racism is also a form of discrimination seen in India that needs more stricter regulations. This paper explains and discusses elaborately the provisions of Article 15, the related case laws that have taken place over the yeas and critical analysis of the existing provisions and the need for changes.

As per the crime records, in India each and every day crimes are increasing. Most of the crimes related with rape, murder, grievous hurt, robbery etc. involved dangerous weapons. Usage of firearms and arms are the ones which is one of the evidence in such crimes. Identification of the same for investigation plays a significant role. Governing the usage, purchasing and manufacture of such arms is governed within Arms Act, 1959 which got amended recently in 2019 along with its rules i.e. Arms Rules, 2016. One of the preventive measure as state can take is to maintain a legal framework to regulate such sale and purchase along with manufacture of arms. Several countries have faced grave situation due usage of such weapons for which at international level framing of gun laws or to make it stricter are taking place. This research paper will provide the brief analysis of the licensing procedure under Arms Act, 1959 and Rules 2016 in a descriptive Manner. World has seen some grave massacre which took the lives of several persons. Not just at international level but India is on second place for the usage of such arms and ammunition. Country made arms and unlicensed manufacture is the major hurdle in the proper and effective implementation of Indian arms laws. There is a need to look upon this aspects to effectively incorporated the preventive measures against such usage and manufacturers.

The debate regarding the right to privacy has impeccably grown in the 21st century. Privacy is now one of the most important aspects of life and liberty and an integral part of the fundamental rights enshrined in the constitution under Article 21. The article states “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” This right is applicable to all individuals irrespective of their social status, gender etc. however, it is not an absolute right and laws must be made to safeguard the personal interest and be justified in the eyes of law. The right to privacy is however one right that has emerged as a result of expanding the scope of Article 21. The right to privacy is not explicitly stated in the constitution. The Supreme Court, however, has derived such a right from Article 21 and numerous other constitutional articles, as well as the Directive Principles of State Policy. It is basically a multidisciplinary domain with a simple notion but a challenging definition. Privacy is a normal human desire to be free of others' control and surveillance

For the past decade, Capital markets in India is growing at an exponential rate. During this the market came across some of the inevitable changes in both technical and regulatory regime. However, one of the most significant development in the capital markets around the world’s resurgence of the special purpose acquisition company also known as SPAC. The SPAC made the impact in the capital markets all around the globe by raising a record of US$83 billion in the year 2020. This shows the emergence of SPACs around the world. Keeping this in mind, the main idea of the article is to analyse regulatory framework Globally with respect to SPAC and to analyse the importance of the SPAC in the capital market and how it helps in economic development of the country. The main objective of this paper is to determine the challenges faced by the regulatory bodies in India to come up with a Legal framework for the establishment of SPACs in India. In the end the article concludes by observing that the Indian statues needs to have necessary amendments for SPACs for it to be trusted by the investors and how those amendments will boost the markets and ultimately help in the country’s economic recovery.

War and conflict have become synonymous with humanity. They have existed since even before human civilization, as we know it, came into being. As time passes by and civilization evolves, the means of war and conflict evolve with it simultaneously and increase their capacity to cause destruction and chaos. One such means, which has developed over the last few decades, is cyber-warfare and it is growing at an unprecedented rate to become something which was hitherto unheard of. In the such circumstances, when there is a lot of ambiguity and nescience with respect to formation of laws which efficiently cater to cyber-space, the question before us is to analyze how can the existing international legal framework be applied to effectively deal with cyber-warfare.

With the advancement of Science and technology, life of man became much easier. But there are new challenges too that we are facing with evolving science one of which is the personhood of Artificial Intelligence. While the technological difficulties of translating this technology smoothly into human life are being solved by developers, there is greater concern among lawyers and policy-makers regarding the jurisprudential status of those beings. This article addresses the personhood of AI and the limitations in granting the same.

After the landmark judgement of Navtej Singh Johar vs Union of India which decriminalised section 377, the fight for equal rights never ended for the LGBT+ community (hereinafter community). It was always thought that the community would fight for marriage rights next. Unsurprisingly, there are certain petitions filed in the Delhi High Court. The petitioners seek legal recognition for same-sex marriages in India under certain statutes. The article highlights on how the community has approached the court. The article explains the reasons why the community is fighting to gain same-sex marriage rights. After looking closely at the petitions, the article would do a study on the same sex marriage rights in the United States of America to see if legalising same-sex marriages had a positive impact on the lives of people from the community. Based on that, certain suggestions have been given so the community can gain equal marriage rights.

Covid-19, as a global pandemic, has so-called for communal distancing. It has concluded up individuals to binding to perch confined and situated indolent indoor may drive to cognitive angst. Hence to preserve individuals involved and free from psychological bruise, online teaching can execute symbolic part. Online teaching is the finest quick fix throughout this contagion plight. Educators can use cybernetic guidance rooms to transmit from home with all requisite tackles which genres the online sittings as usable as antiquated ones. Contagions often prompt the pupil to sojourn at home for voluminous period of tract and thwart teaching-learning conduct. This article features on how network learning is propitious during epochs of confrontations like work absenteeism or scourge. Consequently, some gizmo and conducts for online learning which can collateral the grit of learning are reiterate. Some emerging tactics of Government of India for online learning are providable. Leverages and shortcomings of network learning termination are also deliberated. Discernments of learners and educationalists on Online Learning system during lockdown are barbed

India is one of such country where you can speak your views without any fear of others. Freedom of speech and expression is broadly understood as the notion that every person has the natural right to freely express themselves through any media and without outside fear. Social media has become a vital communications tool through which individuals can exercise their right of freedom of expression and exchange information and ideas. However, the freedom of speech and expression does not confer on the citizens the right to speak or publish without responsibility and the legislature may enact laws to impose restriction on the right to speech and expression on the several grounds. Social media is open to misuses as well, as several cybercrimes can be easily committed through social media. The present paper makes a modest attempt to analyse the realization of the tight to freedom of speech and expression in the context of social media and the role of law in ensuring and regulating its exercise.

The Indian criminal justice system sorely lacks substantial guidelines/legislative provisions to regulate the custodial deaths. It is considerably pertinent to have a substantial legal framework on this issue, in the wake of gaining from different incidents in India, it is of utmost importance to India to set legitimate principles for Custodian Deaths. Many other countries have adopted a comprehensive legislative provision for custodian deaths whereas in India arrestees are often subjected to harassment, be it mental, physical or emotional and are denied basic protection, and therefore, there is an urgent requirement to fix this deficiency in our existing justice delivery framework.

Arbitration is agreed upon and formed by agreement of the parties for a private resolution of disputes instead of filing at the court. The independence of parties to operate in furtherance of their legal necessities is a foundational requirement of any successful procedure of arbitration. It forms part and is embodied in any basic arbitration agreement. This independence provides the parties the sole authority to choose and determine either to adopt institutional arbitration or ad hoc arbitration, choose the place of arbitration, whether to appoint a sole arbitrator of more than one arbitrator, arbitration procedure, the extend of the authority of arbitrators, and the governing law. Of the above, the seat and venue of the arbitration play a decisive factor while passing and upholding the validity of an arbitral award. Seat of arbitration is a location selected by the parties as to the legal place of arbitration, which consequently determines the procedural framework of the arbitration. The parties are generally free to agree on the seat of arbitration. The following content aims to contribute a gist of a recently decided matter in the Apex Court of India, revolving around the question of the validity of seat of arbitration chosen by mutual consent and the difference between a seat and a venue. Through this judgment, the hon’ble division bench of the hon’ble court has provided an impetus to the autonomous element of ‘consent’ applied during an arbitration procedure, that parties to an arbitration agreement own, in the matter of selection of the seat of arbitration.

The year 1797 was a ferocious one. In 1775, the American Colonials revolted; in 1789, the French had conquered the monarchy; now, the French and English, hereditary opponents, stayed involved in the opening of the Napoleonic confrontations. Made courageous, perhaps through the radical essence of the age, the mariners of the British fleet at Spithead and Nore had recently rebelled, looking for reparation for some of the exploitation and ill-conduct then familiar. Even though the hanging of the instigators concluded the rebellions, some severely needed reforms were started as a product of them. The hazard of sedition, therefore, emerges in the upbringing of the story, distressing various of the character's opinions and movements. Billy's original ship, the Rights-of-Man, is later a volume inscribed via Thomas Paine, which contends that radical revolt stands acceptable when a regime is unsuccessful in defending specific civil truths. Corresponding to Paine's book, Melville's story is concerned with the struggle amid specific civil facts and the social order at large.

India's e-commerce industry is regarded as a large and lucrative market for e-commerce businesses. However, most Indian e-commerce businesses are still unclear about the rules. As a consequence, most e-commerce websites do not follow Indian regulations and unknowingly violate them. Indian regulators are scrutinizing the procedures of e-commerce platforms, and several may face legal action. The fight is not only between regulators and e-commerce website owners; it is again among e-commerce websites and potential customers. In most cases, customers are ignorant of their digital rights whenever interacting with online retailers. Moreover, there are no forums or dispute resolution mechanisms for digital customers in India. In short, the Indian government will still handle e-commerce disputes. With the fast rapid growth of Internet and business applications, new conflict resolution methods are required to assist parties to settle issues in a fair, timely, and cost-effective way. ADRs are changing with new technology, allowing for electronic dispute resolution. In order to resolve online conflicts without the actual presence of the parties, online dispute resolution (ODR) has indeed been described as "a logical and natural step." Existing flaws occur due to a lack of complete ODR legislation and market, norm, and technological flaws. The present "hands-off" approach to ODR regulation seems to have failed, and it is time to reconsider. Citizens during the 21st century saw the ultimate social, economic, legal, cultural impact of information and communication technologies on the world at a time of globalization. The technological revolution of the Internet has increased the scope of human affairs and created new media that have influenced traditional juridical conceptions, especially in terms of the settlement. The growing complexity of connections, activities, and the decreasing cost of publication all accompany discrepancies and, thus, the demand for inventive-technology conflict resolution processes is on the increase. "JUSTICE DELAYED IS JUSTICE DENIED" - the legal maxim of William E. Gladstone, which asserts that if Justice is still not administered in a reasonable timeframe, it remains unremedied. Pending cases swamp the Indian judiciary. Its downsides include delays in court proceedings and considerable litigation costs. As a result of these problems, public faith in the Indian judicial system has been damaged. Following the launch of alternative disputes, the focus has evolved from formerly rigid ways of resolving disputes through lawsuits and towards ADR. As a result of massive ICT progressions inside the twentieth and twenty-first centuries, there has been an explosion in merge internet chats and e-commerce operations that has resulted in an increase in electronic issues, including such website domain disputes, phishing and confidentiality violations, e-stalking, e-commerce, and commodity trading, etc., requiring a dispute resolution system. Social media, training, street performances, advertising, conferences, seminars, and campaigns are all needed to raise public awareness and training. The government may also finance ODR projects and provide the necessary technical and organizational infrastructures. To maximize the benefits of the younger generation of technically advanced conflicts, use privacy boosting methods and improved security precautions such as protective design, privacy architecture, and personal identity. Codification of laws, norms, and regulations is also needed for domestic and international recognition and acceptability of ODR procedures. Everyone should be able to afford Justice. Availability to e-courts, which may assist promote e-commerce and e-government, is required for simple access to Justice. Domestic and international efforts are needed to boost ODR and relieve the judiciary. Thus, advancing ODR is essential for global peace and foreign diplomacy in merge conflicts.

Majority of death and suicide cases happen in India in particular among the young generation is because of lack of social security in India. If you see a gay couple or transgender on the road, they are brutally beaten and exploited by many communities. Inter caste marriage is considered illegal in many parts of the country. Inter caste marriage people in many communities are not offered any kind of social help in the society or locality, Child labour has become common, 8000 women die each year due to dowry. Women are living their workforce because of lack of social protection. Cases of rape, domestic violence has seen the highest cases during this covid pandemic in India. India is governed by traditional orthodox believes and customs. Caste is your my identity to be recognized as part of the society. The social laws which protect women, children and transgender is not enough to safe the society where there many problems with the existing social laws where laws for the protection of orphanage and old age home are not taking into account. Right to education is a fundamental right but due to social rules and regulation of the society in particular in the rural areas they don’t send their girl child to school. Women health issue is not given much consideration. The social security in India is ruled by a patriarchy community which needs to end to bring development and social protection for every citizen in the country including animal safety

Collective Investment Scheme (CIS) is an investment scheme in which multiple people combine their money to invest in a specific asset(s) and share the profits as agreed upon prior to pooling the funds. Post-independence the CIS has grown greatly. The non-uniformed and largely ire-regulated environment has provided good scope for the misuse of the funds. Large-scale miss-utilization of funds and consequent fraudulent activities lead to establishing a regulated system for the operation of CIS. Committee was constituted under the Chairmanship of Dr. S. A. Dave to examine and finalize the draft for the regulation of Collective investment scheme. Subsequently the SEBI notification on collective investment scheme known as SEBI (collective investment schemes) regulation 1996 was issued on 15th Oct 1999. The SEBI (collective investment schemes) regulation 1996 described the way in which the Collective Investment Management Company should be registered, conditions for registration, process involve in the issue of Certificate of Registration, obligation of CIMC, winding up process of CIMC and liabilities of Trustees for the proper performance of CIS in India. The researcher will analyze these aspects in detail for understanding the process laid down for protection of interest of Unit holder in CIS in India.

Health is essential for the survival of human beings in the world. There is a saying “health is wealth”, which very well shows that health is the most vital asset of living beings than any other asset. When saying about health it implies good and adequate health free from diseases. Not only free from diseases but the highest standard of health with dignity. So in order to fulfill this, the public needs to get proper medical care especially medicines for curing diseases. When speaking about public it includes everyone, irrespective of caste, gender, age, rich or poor. So the medicines should be made available to everyone equally. But is it happening in practical. Millions of people around the world still do not have access to even essential medicines that are affordable and of good quality. According to the intuitive estimate of the World Health Organization (WHO) at least one-third of the world’s population have no regular access to medicines . Access to medicines also includes access to treatment. It is said that access to essential medicines is part of the human right to health . There are many important entities which plays crucial role to ensure that this right is enjoyed by all. Government i.e. the State is at the top most as far as the responsibility is concerned. Laws have to be efficient and effective. Judiciary also plays a crucial role. Medical fraternity should be very much responsible and take up this profession as service rather than business oriented or with profit motive.

There is no legally consensual definition for hate crime, however the most popular definition widely accepted is that ‘A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.’ It is mostly violent in nature while other discreet manners also exist. In this form of crime the individual is seen as a representative of the community he is perceived to be or is a part of and is targeted for this affiliation. This is prevalent in many of the countries round the globe in one form or the other. India too is no exception. In India it is more observable in its religious and caste based form although other forms also very much form a part of the hate crimes committed. Currently there are no legislation directly tackling hate crimes wholly but there is certain legislation to deal with them like IPC Sec.153, 153-A, 295-A, 298 which deal with promoting enmity between two groups and hate speech respectively and does not have a separate legislation with respect to mob lynching.

A generally accepted norm in International Law is that no state is supposed to intervene in a sister state’s affairs, unless it is on grounds of humanity. The author in the paper, through the Libyan crisis, studies analysis the pre-intervention and post-intervention scenario of a nation. This paper also aims to study the case of Libya, and the Humanitarian Intervention that took place during the Gaddafi Regime, by NATO. This article mainly initiates scrutiny of the Libyan crisis, and the Humanitarian Intervention led by NATO. This paper shall also observe the moral stance of the use of force to protect civilians, and whether the interference of such a defence by the global powers, for the humanitarian intervention vary fundamentally. With the analysis of the Libyan situation, especially of the non-combatants, the author aims to identify whether the suffrage of the civilians can be dealt within international settlement of disputes.

When the drafting was going on for the Constitution, India was going through a stressful period where half of the country was having problems due to the communal riots and the other half was having problems related to the merger of princely states. Based on this, the framers of the Constitution thought that it is the need of the hour that the central government should have some authority so that when the stability and security of the country is at risk due to some internal/external problems, the central government can make use of these powers to safeguard the country from any attack on the integrity or security of the country. This article talks about what is an emergency and what are the different types of emergency given in the Constitution. The historical background as to what led to the emergency being declared is also given in this article. Further, it also talks about the causes and reasons for this emergency. It also talks about all the problems faced by the people when the emergency was declared for almost 2 years. Now, the question which is to be answered through this article is: whether there was violation of fundamental rights of the people during this emergency?

The paper discussed the approach of judiciary towards online gambling. Recently online gambling and gaming is becoming popular in India and internationally. At the rate with which it is growing, the laws and legislation’s governing such games should be fundamentally clear. The judiciary has taken quite a few different approaches when it comes to the manner of distinguishing between online games and gambling. The distinction between the two is thread line and can create certain complications. The paper analyses these decisions. It discusses the necessity of a national framework governing gaming laws and problems in legalising gambling.

Mediation provides a unique opportunity for the parties as it relates to the opportunity of a negotiated resolution of their case. An impasse is considered to be a deadlock in mediation and during a mediation, impasse occurs when neither party is willing to compromise any further on an issue. An impasse is considered to be an end of negotiations when both the parties are willing to not end the proceedings with a result. In mediation, the impasse means and includes a hurdle, barrier, bottleneck, hindrance, deadlock or standoff. An impasse is a situation which may occur due to various reasons. It may occur due to an overt conflict between the parties and it is said by many experts that it can be also be used as a tactic to put pressure on the opposite party. In today’s scenario it is evident that impasses are frequently experienced by negotiators and the same are being featured in the courts and sometimes in the newspaper articles. In negotiation and mediation, it is systematically organized past findings on impasses and integrate them in the impasse type, cause, and resolution model (ITCR model). The current paper will examine the purpose of term impasse by discussing from the very basic understanding of this term and further explaining it in a deep manner so as to look and understand deep into the term. The present paper will review the methodology which is used by the negotiators and which finally leas into a proceeding being termed as impasse and it will also discuss the manner and methods associated with breaking or avoiding of any impasse. It is important and very first step by a mediator that he/she shall try to avoid any further conflicts and try to end it as soon as possible rather than bringing the conflict to a stage where it is declared to be an impasse. The author will try to put forth some of its recommendations which can be used in order to avoid or break the impasse.

This paper observes some of the characteristic features of environmental violations and the ways which the courts and tribunals handle such cases having the applicability of the principle of strict liability. This article dialogues on how the liability(Strict and Absolute) and compensation regime for pollution has been implemented in India, and whether a combination of the international laws and domestic regulations could provide an adequate mechanism for holding violators liable for environment mishaps. Researcher also reflects over the present observed environment cases, the regime for ensuring adequate compensation to injured parties as well as to re-instate the recovery of lost ecological structure and biodiversity levels. The article also ponders over the possibility behind slow and weak implementation of legal orders and argues that the main aspect to consider is the inexperience and lack of sincerity of implementing agencies to follow up with judicial members, judges and their perception of environmental offense and its perilous effect. In this article, the circle of tortious liability in concern with strict and absolute liability will be discussed, through the topic of importance instances of recent Vizag Gas leak case and its questionable judgment which displays the room of interpretation for environment concerns and the capacity of courts and tribunal to deal with such cases which are more than likely to happen more frequently in near future. The article concludes by considering further suggestions for more effective enforcement of liability in environmental crime concerning whether strict or absolute liability principle in the courts which one is more reliable

In this article the author has tried to explain various concepts of doctrine of double jeopardy. The concepts are explained in the simple and easy language. For the better understanding of the author has used case laws, illustrations, and examples. The conclusion given by author is his own opinion which may vary person to person.

With the passive aid of Government and private sector, the inception of a new kind of war has commenced. The United States' futile attempt to halt nuclear proliferation bore the seeds of an unknown threat. The birth of cyber warfare has taken place. The article seeks to determine what laws are present to regulate such attacks and whether the general laws of war would apply in such circumstances and how can we mitigate this problem. Society would be marred with chaos and complete disorder, countries would have to deal with political insurgencies both internally and externally and the world economy would be in shambles. This article provides an analysis of the afore-mentioned matters and attempts in discussing these issues extensively. In this article we would look into Jus Ad Bellum under which we would tend to discuss various Governing legal principles, exceptions, various self-defense measures etc.

Alternative Dispute Resolution resolves disputed controversies to a greater extent than that of the court. This dispute resolution technique is from a long period and was in use before the enlightenment of civilization. The various methods of Alternative Dispute Resolution consisting of negotiation, mediation, conciliation, and arbitration has established an efficient way to reduce the burden imposed by the judicial process with flexibility, fastness, and lower costs. It has an intent of fair resolution of the disagreement of the controversial parties. The parties are free to pick out the preferable method when the dispute arises.

This paper begins by exploring the changing horizons in disability law and child rights internationally as well as nationally. However, the main goal of this paper is to explore the impact of being raised by a disabled parent. It not only highlights the similarities but the lack of differences in the parenting method. Despite having the same legal rights as any other parent, parents with disabilities are often discriminated against when it comes to family law issues. Various case laws have established that you must prove one parent is ‘unfit’ before terminating custody or visitation rights, but in reality, parents with disabilities are often treated unfairly in family courts. For the purposes of the qualitative research, I have interviewed 14 students currently pursuing graduation or post-graduation courses in University of Delhi. They are of the age group between 18 to 24 years. 7 of them have been brought up by at least one disabled parent. They have a good understanding of the impact it has had on them. Most of them have personally experienced discrimination and oppression at the hands of the family members or state authority. 7 of them have been brought up non disabled parents. Using their opinions and experiences, I have highlighted various lacunae present in implementation of rights of disabled parents and also provided some solutions as to overcome those.

DYSLEXIA word is small, but the children with that, suffers a lot. Dyslexia means not only a learning disability but it also affects a child ability in the other areas of its life. Dyslexia makes a child not to listen any thing continuously for some time so the ability of listening affects the child. Since the Dyslexia child could not learn and listen Quickly they may not come to a conclusion to give any answer to any question or to any word of others. it affects the speaking ability of Dyslexia child Primarily. Dyslexia is passed in family lines through genes or through new genetic mutations and it is found more in boys than girls. The main aim of this study is to know how society sees dyslexia affected children. The researcher has followed an empirical research method. A total of 202 samples were collected by using a convenient sampling method. The result of what was observed from the study is how the dyslexic children feel lonely in various places & also face many difficulties and what are the ways available with us to support them. The main aim of the research report is to have a study on special laws for dyslexia children.

Third-party funding is becoming a more common type of arbitration environment in a variety of jurisdictions. In recent years, funding activity in India has exploded, focusing initially on investor-state arbitration but now appearing to be expanding to commercial international arbitration. This article discusses the potential for third-party funding in India. The purpose of this article is to give facts about the possibility of offering TPF in the Indian arbitration system. This essay begins with laying out a running clarification of TPF by taking an all-inclusive approach. Later, this article makes a point of mentioning the procedures used in various TPF controls. Using abroad expansions as a starting point, the article then shifts its focus to India, looking at various regulatory frameworks that indirectly allow TPF in the Indian arbitral system.

Law-making in India is a process shrouded in mystery. It is often disorganised with new laws being introduced on the fly. The absence of a proper pre-legislative consultation process makes the system superficial and unmethodical. There is a need to mandate pre-legislative public consultation which is to be implemented prior to drafting of a bill. Consultations on potential laws help ensure effectiveness and efficiency. This paper deals with how pre-legislative consultations make laws better and more inclusive. It aims to establish and reiterate the importance of pre-legislative consultation and the need for subsequent deliberation. This is done by exploring the drawbacks of the Indian law making processes, comparing legislations with and without a consultative process while further reiterating the benefits of consultation and deliberation processes. The objective of this paper is to ascertain how a more comprehensive pre-consultative policy is essential to make laws in India more inclusive and practical.

The book discusses the law and precedents in each section. Surprisingly, the authors have combined state-specific workplace safety legislations and given a chart comparing the previous legislations with the new labor laws. Each chapter also includes regularly raised queries and regulatory checklists for quick reference by organizations. The book is intended for in-house lawyers, human resources experts, and practicing attorneys. This book provides a handbook for in-house attorneys and HR experts on how to apply women-specific workplace legislation in their organization. It also includes extensive sections on case law precedents for the POSH Act and maternity benefits that are up to date until 2020. While several books have previously addressed the POSH Act, 2013, there has been a lack of a single book that can completely cover regulations related to women at work.

In this article the author through some popular case laws, studies the various fine points which distinguish between actions of ‘murder’, ‘culpable homicide not amounting to murder’, ‘attempt to murder’ and others.

This Digest focuses on Early and forced marriage which is a form of gender-based violence that takes place in many regions in Cameroon and particularly in the Northern part of the country. It is a harmful practice which has eaten deep into different cultural groupings in Cameroon. It is one of the most widespread and systematic violations of the universal human rights to personal integrity committed against girl children in Cameroon, abusing their physical, sexual and psychological integrity. Early and forced marriage is indeed a human rights issue because the girl children who are subjected to this obnoxious practice are denied a range of very important human rights, such as the right to education and subsequently, the right to gainful employment as well as the rights to decide when and whom to marry. The aim of this article is to assess and critically examine the practice of early and forced marriage and its implications on the rights and welfare of women and the girl child. The article introduces the practice of early and forced marriage as a human rights issue, and looks at its social context, prevalence, rationale and consequences. The article equally examines the steps taken by the government and the civil society to regulate this practice. However, despite Cameroon’s obligations under international law, the practice continues to be widespread.

The international commercial arbitration system has been gaining quite some popularity in the present times. The methods of dispute resolution that it provides namely the ad-hoc and institutional arbitration systems are two most accepted methods. However, both of these comes with their own advantages and disadvantages, so a debate is sure to ignite on which one is the better method of arbitration when it comes to international commercial disputes. This paper aims to address that issue and tries to find out, which one in fact is the sensible method to choose between the two to resolve a dispute in the field of international commercial arbitration. The paper compares the advantages and disadvantages of the two methods in order to reach to a definite outcome. It also tries to identify the problems that an ad-hoc arbitration contains within its mechanisms.

The primary goal of a trademark is to make it easier for consumers to identify the source of a certain product or service. In turn, the source aids in determining the quality. Consumers often make purchasing decisions based on the quality of the product. That is why a trademark is so significant in the commercial sector. A trademark indicates the origin and quality of products or services to the consumer. This is why it's crucial to make sure your trademark isn't being used without your permission. A trademark is a symbol of the owner's brand value. In most cases, trademark infringement costs the owner of the infringed mark money and harms their reputation. It's always preferable to be cautious and prevent prospective infringers from profiting from your goodwill and reputation. This paper explains the meaning of trademark infringement with some case laws.

Traditional medical knowledge is abundant in India, and it can be discovered in Indian woodlands and other sites. Multinational businesses are rushing to seize control of valuable bio-products, filing patents on everything that moves. The patent system has become tainted to the point where global corporations may now obtain patents with ease. Bio piracy isn't just a problem in the pharmaceutical industry. Other countries have patented the neem tree, tamarind, turmeric, and Darjeeling tea, among other things, for monetary reasons. In 1976, the World Health Organization recognized traditional medicines. Traditional medical knowledge has been preserved thanks to the 1992 signing of the Convention on Biological Diversity. The Indian government's Council for Scientific and Industrial Research plays a key role in documenting Traditional Knowledge in the Traditional Knowledge Digital Library. It has proven to be beneficial in terms of Traditional Knowledge protection. In the end, global bio-piracy aims to reconstruct a framework for comprehending how patent law doctrines, principles, and cultural elements assist and legitimate the theft and appropriation of indigenous peoples' traditional medicine knowledge. The current study focuses on India's traditional knowledge sector experience. In this work, I make the case that strong patent protection has harmed indigenous peoples and their traditional medical knowledge. In order to regulate the rising prevalence of bio piracy, a unique legal structure is urgently needed. India is a developing country that can become developed with the support of appropriate intellectual property laws and government initiatives.

Public Policy is not persistent. Public Policy denotes that what is good for the public and public Interest at large. Rather than protecting the parties to a contract as other contract defenses do, the defenses of illegality and violation of public policy seek to protect the public welfare and the integrity of the courts by refusing to enforce certain types of contracts. Contracts to engage in illegal or immoral conduct would not be enforced by the courts. Over the years the courts have developed the meaning of the term ‘opposed to public policy. There are certain agreements which are against public policy and they are termed as illegal agreements.

Impressionism music, a new music genre, initially began at the end of the 19th century and the beginning of the 20th century, which is also known as the "modern music" era. Debussy (CLAUDEDEBUSSY ·1862-1918), as the founder of this genre of music, his French vocal cycle Trois Chansons de Bilitis plays an important role in the development of art songs. This paper will explain his works in combination with the author's experience of studying and singing in France and the characteristics of his music creation and poetry creation.

Heitor Villa-Lobos (1887-1959) is one of the most influential Brazilian composers in the 20th century. He was unique in the modern European music history with enormous works, rich genres and unique styles, creating a novel and unique auditory experience. While it is characterized by both traditional and modern music styles, Clown Doll (VII) of Piano Suite The Dolls No.1 tries to present listeners with the unique characteristics of Brazilian National Folk Music, perfectly integrating Brazilian national music with modern European music. In performance and practice of piano works, there is a lack of attentions to modern music works and inadequate knowledge about national music. Therefore, with the Clown Doll (VII) of the suite as the main research object, an academic discussion and study is made on teaching method. The attempt in studying this work enables comprehension of modern music creation and the characteristics of national music development in an all-round way from multiple angles and is of targeted practical value for teaching modern music works with national characteristics. This paper consists of three chapters, whose research content includes the creation of Clown Doll, characteristics of the work and teaching design. Chapter one mainly gives an introduction of the author and his style of music creation. Chapter two specifically analyzes the key points in performance of the piano work Clown Doll. Chapter three makes an extensive in-depth study and analysis of teaching method, so as to meet the standard and accuracy required for teaching of “modern music performance style”.

National music is the treasure of Chinese civilization. After thousands of years of repeated tempering, it becomes more and more bright. It records the excellent traditional culture of the Chinese nation. Every Chinese has the obligation to inherit and carry forward Chinese traditional culture, so we should persevere in inheriting and developing national music. In the current cultural background, the inheritance and development of national music has encountered many difficulties and challenges. This paper makes an in-depth analysis and Research on the inheritance and development of national music in music education in Colleges and universities, and puts forward some relevant views and opinions.

Speaking of classicism in European musical art, we mean the work of such great and brilliant composers of the 18th century as J. Haydn, W. Mozart, L. Beethoven. They are the founders of European musical culture. The direction of the classical school in music has become the most fruitful in the history of European musical culture. Each of the representatives of the European culture of the XVIII century was itself an individual. Haydn and Beethoven were more instrumentalists, and Mozart proved himself not only in the instrumental, but also in the operatic works. European musical culture of the 18th century was a wonderful environment for the development of new ideas and attitudes. The composers of the classics in their work summed up not only all that European music reached at that time, but also they embodied their new creative discoveries in music. Characteristic features of European classicism are the universality of artistic thinking, consistency, clarity of artistic form, an organic combination of feeling and intelligence, tragic and comic, ease of expression. Composers of European classicism could express even the most complex content in a simple, understandable language. During this period, the achievements of musical culture were formed, such as classical musical genres and principles of symphony. This was the most significant achievement in the musical culture.

Mongolian, a nation with profound cultural deposits and good singing and dancing, is also known as the "horseback nation". Steed is not only a means of transportation and production, but also the most important friend in Mongolian people's life. More importantly, the steed is a symbol of Mongolian spiritual culture. People express the close relationship between herdsmen and horses by dancing related to horses, so as to show the Mongolian people's resolute and unyielding national character, warm, loyal and courageous national spirit. The works of Mongolian horse dance organically combine the dynamic style characteristics of traditional Mongolian dance with the movements of horse form to express the ideological content of the works of horse dance, and express the vivid plot and shocking atmosphere through different stage creation techniques. Mongolian horse dance works are the display of a nation's living conditions and the transmission of a nation's spirit. Therefore, I analyze the artistic characteristics of Mongolian horse dance works.

As a result of this, the 20th century laid the foundations for the modern individual. Diet, health care, and education are the three areas that need the most attention. With a rapidly growing population, India is one of the world's newest countries. People in this country must be equipped with the knowledge necessary to propel and power this country towards becoming a truly global powerhouse. People's social, political, and economic circumstances have an impact on their education. Individuals from affluent backgrounds are constantly given the opportunity to attend superior schools and institutions. While people from the poorer sections are more likely to produce inferior work, the system as a whole contributes to the widening gap. Inequalities in access, completion, and quality plague India's education system. A child's educational experience in India is influenced by factors such as class, linguistic background, gender and race. As a result of these factors, India's society suffers from knowledge disparities. This research mainly focuses on how regional inequality, sex inequality, parental income, occupation and especially the worst effect of Covid-19 causing educational inequality in India.

Unlike the world’s oldest federation which exists in USA, India’s federalism is quite unique and different therefrom. Presently, several nations are trying to find out the suitable governmental system whether unitary or federal, which will effective to combat the deadly coronavirus outbreak. The Indian Prime Minister held six interactive sessions with the respective Chief Ministers of States in between the last two peaks of covid-19 waves i.e., September’ 2020 to April’ 2021 with objective to manage covid-19 infections as highly raised in certain States/UTs. So, this paper aims to find out various difficulties faced by Indian federal structure while managing the covid-19 pandemic; to highlight relevant Indian legal provisions which may promote corelation between Central and States governments; to discuss the Supreme Court’s decisions in connection with resolving deadlock thereat. Thus, efficacy and effectiveness of co-operative federal structure has been critically analysed hereby in special reference to covid-19 a ‘notified disaster’ in India also with a futuristic approach.

Witness plays a very significant role to decide over any legal dispute. The significance of witness is high in criminal law legal system. Witness is considered eyes and ears of the court. The magistrate sees nothing by himself, he solely pronounces judgement relying on the testimony of the witness. The protection of witness is a crying need as criminal law legal system aims only to ensure justice. If witness, in a case, is manipulated or bribed, it is impossible to ensure justice. Moreover if the witness is threatened to life or social security, he will not be willingly eager to testify in the court. This will affect the legal proceeding grievously. Thus no witness will have courage to testify in the court if the accused is powerful. For this reason witness protection is required in all type of criminal case. It is unfortunate that state protects the victim to ensure fair trial whereas it is totally dependent on the witness. Most of the time state doesn't protect the witness or fail to protect the witness. So eye-witness fears to testify in the court. And thus justice is being ignored. Here the author has documented the importance of witness protection, history of witness protection in the ancient time, highlighted some important precedent regarding witness protection and finally, suggested how Bangladesh can take steps to protect the witness, during and after criminal proceeding, to ensure justice.

The Non-Performing Asset has constantly been damaging the Indian Banking sector, slackening the economy's credit creation and money flow. However, the unprecedented Covid 19 induced economic slowdown has further aggravated the crisis and obtruded the problem of unresolved NPA in the system. Recently the government has announced its decision to create a bad bank to accommodate these bad assets, but the discussion itself attracted too many questions on its relevance and efficiency. In this context, this paper studies the proposal of government bad bank with its merit and demerit. The paper will also focus on the merit of the government's decision to go with the bad bank plan, especially when the country already has a privately funded Asset Restructuring Company (ARC) to clean up these NPAs. The paper also addresses the concern about the existing ARC model and the best choice for the Indian NPA crisis.

“There is a sacred realm of privacy for every man and women where he makes his choices and decisions-a realm of his own essential right and liberties into which the law, generally speaking must not intrude.” -Geoffrey Fisher This paper attempts to throw the light on data protection and Article 21 of the Indian Constitution. The Information Technology Act, 2000 is the statue that covers data protection. Though the term privacy is not defined in the constitution, it is an intrinsic part in personal liberty guaranteed under Article 21. In the digital world, there is always dispute between privacy and data collection. Information technology act does not cover all the loopholes regarding right to privacy. The act needs to establish standard methods to protect one’s data. The effective balance between the personal liberty and privacy should be covered under the act. Right to privacy also has international obligations. It is guaranteed under Article 17 of ICCPR. The data protection includes financial details, health information, business information and other sensitive data, which comes under the ambit of The Information Technology Act, 2000. K.S.Puttuswamy v. Union of India case gathered consideration on how much the right to privacy is important in the modern era. People are still unaware of the impact when their privacy is breached. There is a high risk of hack in the digital network due to lack of data protection laws. There is somebody somewhere capable of intruding one’s personal data. This paper emphasis on suggestions on the healthy data protection and right to privacy.

Purpose: The purpose of this paper is to do a comparative analysis of the tort of Intentional Infliction of Emotional Distress and its application in India. Research Implication: This paper provides a study into the IIED tort along with the comparison of the use of this tort in India, Britain and US with specific focus on the application in India. The future research could include the study on the tort of IIED as a separate tort to be established in India. Findings: The paper discusses in detail the tort of Intentional Infliction of Emotional Distress in UK, US and India. This tort has four essentials in order to determine liability. The tort of IIED is given the most importance in the American courts and considered a separate tort whereas in India the tort is not considered separately but as a parasitic injury. The paper discusses these aspects in detail and the cases. Originality/Value: The paper analyses the tort of IIED in depth and also does a comparative analysis in three countries. The paper then focuses on the application of the tort in India. The paper analyses certain cases wherein the application of IIED in India could be understood.

Acid attacks on women are considered to be the nastiest, obnoxious and heinous kind of violence committed on the weaker sex. It is the thoughtful and pre-mediated use of acid on another human being for no fault on her part. Reasons could be easy accessibility of acid, male-dominating and male-dictating society, antagonism, patriarchal society, scorned and disdained lovers, etc., to name a few. Cases on acid attacks are mounting, swelling and escalating like anything. The perpetrators do not realize the consequences of such menacing, ominous and looming attacks on innocent victims and throw acids on them, distorting their face, limbs and different parts of body permanently. It is high time now. Something stringent needs to be done to curb this evil in our society. Otherwise, it will be too late, and innocent creatures on this earth will continue to suffer for no fault of theirs.

According to List-II of the Indian Constitution's seventh schedule, prison is a state subject. The state government is solely responsible for the management and administration of prisons. India's prison system is still governed by the outdated Prisons Act of 1894 and the Indian Penal Code. The Prisoners Act of 1900 establishes the use of corporal punishment for inmates who violate the law. However, following that, the Pakwasa Committee added certain permissive rules to the Jail Manual after independence. Inmates who were well-behaved were rewarded with a reduction in their sentence in 1949. A society cannot be considered civilized unless the convicts are treated with pity or affection, and the jail system is liberalized. Only if basic human rights are maintained can a prison atmosphere, convicts' living conditions, health care and medical facilities, educational and vocational training, and so on be considered civilized. Only when the process of probation and parole, open-prison selection, jail visitation, communication with family and relatives, leave and pre-mature release, incentive for prison labour, legal aid in prison, and after-care are made easier can the prison system be liberalized. The criminal justice system in our country is not complete without prisons. A prison, also known as a correctional facility, is a place where the accused or convicted individual is forced to be confined, and the state takes away a range of rights that are promised to them as citizens. In ancient and mediaeval India, there were prisons. The contemporary jails that exist today are a result of the British colonial government's legacy. Previously, the jails were infamous for their harsh conditions, cruelty, and inmate torture. When the country gained independence from the British and created its own Constitution, it placed a strong focus on liberty, equality, and fraternity, which were to be realized through fundamental rights and State Policy Directive Principles. The purpose of this article is to explore the benefits and drawbacks of private jail, compare the existing prison system to private prison systems, and assess the feasibility of private prison in India. It also discusses Indian prison legislation as well as our current prison system.

Alternative Dispute Resolution (ADR) has become an important element of the judicial system in recent years since it allows for swift settlements and frequently results in outcomes that are beneficial to both parties. Online dispute resolution is an evolution of the same, with the main difference being that it incorporates the use of technology in the settlement of disputes. While India has progressed down the route of digitization, some would say that ODR techniques are required, while others would contend that they are not. There are certain advantages in using an online dispute resolution mechanism such as it is Convenient, accurate and it saves a lot of time and money. It also provides more, efficient, effective, scalable, and collaborative mechanisms of containment and resolution.In this paper we have discussed that how covid-19 has streamline the Online dispute resolution process

Judiciary in India plays an important role to protect the rights of Indian citizen. The Constitution of India has constituted three important organs of the state and defined their powers. Though the Supreme Court of India has some constraint in term of using its power but sometimes it has to cross that limit to fill the vacuum created by the other two organs and to protect the fundamental rights of people. From protecting the rights of women at the workplace, rights of prostitute’s children, rights of education to implementing the basic features of sustainable development- the judiciary has come across a long way in terms of ‘Judicial Activism’ by protecting human rights and the environment. This situation arises when there is no law or there is requirement for interpretation of the law. The judiciary has approached every aspect of human life and proven to be a boon for poor people by shifting from the principle of locus standi to PIL. This paper tries to find the evolving dimensions of judicial activism through various constitutional provisions and case laws

There have always been issues relating to the social, moral and legal legitimacy of ‘prostitution’. Prostitution is always not forceful; it can also be a wilful profession sometimes. Immoral Trafficking and forceful Prostitution should be dealt with strictness but how should the wilful profession of prostitution be treated legally is an unsolved pertinent question which needs to be answered as the persons involved in the wilful profession are major and do the same with their own consent but this at the same time involves moral questions too. This article focuses on the ancient and present state of laws relating to prostitution including the rights of prostitutes in India along with providing few guideposts for future course of action.

Public Sector Banks in India have shouldered many reforms in the past decades. Currently, public sector banking is undergoing a huge crisis. The objective of this research paper is to provide solutions for establishing a safe and stable Public sector Banking in India. In order to provide proper solutions, a brief history has been explained, and also statistics has been used to analyse the current situation. The challenges are mentioned by categorising them under different heads dealing with issues of NPAs, recapitalization burden, governance issues, lack of quality of human resource, etc. Considering these mentioned challenges as the basis, recommendations have been provided for governance reforms and finance reforms. An attempt was made to critically analyse the situation by providing examples from foreign countries, taking into account Indian background. On a concluding note, solutions have been provided in such a manner keeping the character of Public Sector Banks as such, without focussing much on privatisation. Emphasis has been given to radical reconstruction policies. Best efforts have been undertaken to address the major issues faced by PSBs.

Romance scammers exploit their victims' emotions by building a love bond and then exploiting it for personal benefit. The most heinous aspect of romance scams is that they play on their victims' loneliness, frequently targeting troops, and the elderly, and newly divorced or widowed individuals. As the romance develops, victims grant the fraudster increased access to personal and financial information, enabling the fraudster to wreak economic and emotional damage on his victim. This research paper gives recommendations for safeguarding yourself and your assets against becoming a victim of romance fraud. Romance fraud has wreaked havoc on the lives of millions of victims worldwide. Under the presence of a legitimate relationship, perpetrators strive to profit from victims' emotional connections. Romance fraud is particularly insidious, as victims must mourn not just financial losses but also the end of the relationship. While a growing body of work is attempting to address this, there are still significant gaps to fill. This research paper summarizes the state of the scholarship on romance fraud. It discusses what is currently known about romance fraud, how it is perpetrated, the impact on victims, and strategies for preventing and assisting victims.

With the rapid development of computer technology, multimedia technology has penetrated all levels of society and is widely used in music education. In order to make better use of multimedia for teaching, teachers are actively learning about multimedia computer knowledge and exploring the use of multimedia for teaching, but some institutions have not yet established multimedia music classrooms due to the limitations of funds and classrooms. With the improvement of educational conditions, multimedia music teaching systems should be set up in schools as soon as possible, using multimedia technology for music teaching-learning, which can be used for teaching music theory classes and some music skills training. In primary and secondary schools, multimedia can clearly demonstrate the content of the music curriculum and can be used to teach students in an intuitive way, increasing their interest in the lessons in a short time. In university music teaching, multimedia music teaching can improve the efficiency of students' learning and get rid of teachers' indoctrination learning method.

With the rapid changes and rapid development, the economic, political and cultural connectivity of all countries in the world has become the "earth village" predicted by McLuhan. "Cross-cultural exchanges" has gradually become a fashion trend for various countries to exchange colorful cultures among countries, and Chinese dance is also explored under the vision of "cross-culture". In this vision, Chinese dance creation is also facing problems and opportunities. Therefore, this article will come from the origin of the cross-culture of Chinese dance; At present, the problems and reasons of Chinese dance creation in the cross-cultural perspective of Chinese dance creation and the significance of Chinese dance creation.

Human trafficking is the modern-day slave trade, which poses a global threat. Trafficking is increasingly becoming an organized crime. It is rising and spreading across continents and countries of this world. There are various International as well as a national institution who are still trying to combat the trafficking from this autonomous society of the world. The history of India also shows the persisting evil practices of slave and trafficking since time immoral but, notwithstanding this evil practice is still prevalent in our society. Even the Constitution “an organic document” has expressly prohibited the “trafficking” of any nature enshrined under Article 23. There are various other labour and welfare laws which have also prohibited this ongoing evil practices. India ranked 129 out of 189 countries in Human Development Index, 2019. The State as a trustee empowers and guaranteed the fundamental rights to the people of India, for not getting exploited. Nevertheless, trafficking is still causing a menace to the children. Thousands of young adults, Children (irrespective of their gender) are trafficked for commercialization, employment, marriage, etc. This evil practice is even against the law of human rights, and natural rights. Everyone has the right to live their life with liberty, prosperity, and dignity. The author in this paper has restricted himself to child trafficking issues addressing the historical and current status in India. The author has adopted doctrinal, qualitative, and quantitative research, based on precedents, and other various published resources to provide the proper content analysis, and way forward to combat this ongoing evil practices.

There persists a fine line of distinction between a suspect and a miscreant. Into the bargain, this incongruence and divergence seemingly escape the notice of influential powerhouses such as the media. It should not come off as a surprise that such an unenlightened outlook of affairs that transpired littered with utmost disregard for individual seclusion deranges the strongest of democratic foundation. Precedents entrenched by past events and recent events have left us all flabbergasted and makes us wonder why an institution that works in a perceptibly haphazard manner is the fourth pillar of the world's most extensive democratic setup. It is a status that is both sacred and revered, yet infelicitous at times. While the world is submerged in torrential lies perpetuated by the media, individuals are being utilized as scapegoats, with their reputation being tarnished beyond repair. While catechizing and sharing ethical presuppositions is an intrinsic part of human nature, diligence must be exercised to not infringe upon an individual's privacy, honour and eminence. Woefully, the media seldom prioritizes the abovementioned virtues while simultaneously placing their professions on a pedestal. Happenings of the past bespeak that the media has effectively assumed the role of rumourmongers and usurped judicial institutions with little scope for accountability. This essay highlight's the media's role in tampering with the administration of justice, institutional remedies to address the same while acknowledging the media's role in strengthening the concrete substratum of democracy in the past.

A necessary pre-condition for the successful co-existence of a profit-making organization and the society is a mutual beneficial relationship between them. The business has its dependency on the society for running its operations, hence there exists a moral responsibility on them to give back to the society as well. With the introduction of globalization in the early 1990’s and a gradual but noticeable shrinkage of public sector undertakings, the vast expansion of the private sector, triggered the need for a sustainable and balanced development of the society. Introduction of CSR proved to be powerful tool that, on the one hand, it brought in a level of awareness and responsibility amongst the private players and on the other hand, it also paved way for the reformation and development of the society. Historically, the concept of social responsibility by the profit-making organizations existed but was more oriented towards prevention of harm to the society. As the years progressed, more and more realization set in of a sustainable world, the business sector began to positively contribute by means of charitable/philanthropic work. In the modern era, the sustainable growth was imperative due to various reasons such as population explosion, scarcity of resources, disparities in income, global warming etc. This brought in a sense of responsibility and opened avenues for corporate governance reforms. One such initiative by the government of India was the mandatory implementation of CSR by the companies. This research paper shall dwell into the aspects of the concept of CSR, its importance in the society and its evolution. The paper attempts to provide an insight into the evolution of CSR in the global context and then focuses on its evolution in the India, including the analysis of its evolution in a legal context.

In India, there are a host of regulations relating to environmental protection. The environment has a direct impact on human lives, and environmental degradation has a direct impact on human lives. The following hypothesis can be made from this study: it is important to govern human behaviour and social transactions using laws that have already been designed to suit various contexts and values. Multiple legislations, as well as a plethora of rules and regulations, made it easier to delegate functions from the federal and state governments to other authorities. Now the question is whether the existing or enforced many environmental legislations in India are effective and strict enough, or whether they need to be more comprehensive and succinct. Despite the fact that several legislative steps have already been made to give effect to the significant right to live in a healthy environment, as well as the accompanying responsibility imposed on the state and individuals to ensure environmental preservation and conservation. In this research paper, my endeavour is to analyse Indian environmental legislations. Although India has a plethora of environmental regulations, its enforcement mechanisms are not up to par. As a result, both the Central and State Governments should investigate the issue of proper implementation of several environmental legislations in India. India requires a complete and integrated environmental protection legislation that should be codified in a single Act rather than several statutes in order to avoid chaos and confusion, as the same thing is often codified under separate statutes, so as to avoid confusion and multiplicity.

Intellectual property rights (IPR) are described as rights to concepts, discoveries, and artistic endeavors on the basis of which the society is prepared to grant the status of ownership. Patents and other intellectual property rights (IPR) grant certain exclusive protections to the innovators or developers of that product, allowing them to profit commercially from their creative endeavors or repute. There are many different forms of patent protection, including patents, copyright, trademarks, and so on, and each has its own advantages and disadvantages. A patent is a formal acknowledgment of an innovation that meets the requirements of worldwide originality, non-obviousness, and industrial application. Improved identification, planning, marketing, and rendering of inventions and ideas are all made possible by intellectual property rights (IPR). Based on its area of specialisation, each industry should have its own intellectual property rules, management styles, strategies, and so on. The pharmaceutical business now has a developing intellectual property rights strategy that will require a more focused and strategic approach in the coming age.

A study by the International Labour Organization (ILO) in 2018 shows that, worldwide, women undertake 76.2% of total hours of unpaid care work, more than three times as much as men. In Asia and the Pacific, this figure rises to 80%. The International Wages for Housework Campaign started in Italy in 1972 as a feminist movement that highlighted the role of gendered labour in the home and its relevance to the production of surplus value under the reign of capitalism. The movement further spread to Britain and America. Alongside other demands for social and political equality, women’s rights campaigners made visible and also politicised women’s everyday experience of housework and child care in the ‘private’ realm of the household. Housework demands effort and sacrifice, 365 days a year, 24/7, despite this, a huge proportion of Indian women aren’t “queens” reigning over their kingdom, the family. A large number of women live with domestic violence and cruelty because they are economically dependent on others, mainly their husbands. Every day, an average Indian male spends 1.5 hours per day in unpaid domestic work, compared to about five hours by a female. Despite a legal provision, equal inheritance rights continue to be elusive for a majority of women. More than creating a new provision of salary for housework, we need to strengthen awareness, implementation and utilisation of other existing provisions. Starting from the right to reside in the marital home, to streedhan and meher, to coparcenary and inheritance rights as daughters and to basic services, free legal aid and maintenance in instances of violence and divorce. Women should be helped to reach their full potential through quality education, access and opportunities of work, gender-sensitive and harassment-free workplaces and attitudinal and behaviour change within families to make household chores more participative. Turning to domestic chores, everywhere in the world, the burden falls disproportionately on women, regardless of whether they are “housewives” or not. The enormous weight of endless and repetitive housework leads women to either drop out of paid employment altogether (or temporarily), or to seek part-time work. Women who manage to re-enter paid employment after a childcare break typically enter as juniors of, and earn less than, men comparable to them in age, education and qualifications. In other words, collectively, as a society we want children, for which mothers pay a penalty, but not fathers. Feminists have highlighted the sexual division of “reproductive labour”, where women disproportionately bear the load of domestic chores, care and nurturing responsibilities, which eases male participation in “productive labour” and allows the productive economy to continue running smoothly. A typical picture of a standard early 20th century family, where the man is the breadwinner and the woman the housekeeper and caregiver

This paper consists of a dedicated research work in the field of Russian Diplomacy with relation to religion that has been explained in detail in the five chapters of the paper. Russia has always been looked up as a country that considers itself to be one of a kind and has a general idea by the common masses of being a nation that is run by extreme nationalisms. With this paper the Researcher has tried to analyse the moves and policies made by the Russian Federation to change its image with the help of Religious Democracy being one of the major contributors of the Russian soft power. This paper has a detailed analysis of all the religious ties as well as international dominance of the Russian Democracy after the fall of the rigid USSR. The paper consists of data that has been recorded as well as the Researcher’s own opinion on the entire Religious Diplomacy structure in Russia along with suggestions related to improvement and conclusive statements.

Any apparent indicators of crime and civil disorder, such as broken windows, loitering, public drinking, and transportation fare evasion, create an urban atmosphere that promotes even more crime and disorder, according to the broken windows theory. The clear advantage of this theory over many of its criminological forerunners is that, rather than relying on social policy, it permits criminal justice policy efforts to impact change. Throughout the 1990s, the broken windows theory had a significant impact on police policy, which has remained relevant into the twenty-first century. One of the most common criticisms of this theory is that by creating a causal link between disorder and crime, it misinterprets the relationship between the two. Broken windows policing is not expressly employed as a means of managing crime in most major cities today due to its contentious nature. However, remnants of this theory can still be found. Regulating crime is a difficult task, but the broken windows theory offers a method for lowering infractions and maintaining social order

Returning violence for violence, multiplies violence, adding deeper darkness to a sky already devoid of stars. - Martin Luther King Today the world stands at the crossroads of progressive criminal justice systems and maturation of our ideas of human rights and justice. Yet, capital punishment persists even today, in a world that boasts of individual liberty and rehabilitation over violent retaliation. Capital punishment is one of the most severe form of punishment that is given to criminals in the world. Major powers of the world, including the United States, China, India, Saudi Arabia have retained capital punishment. Over 60% of the world population lives in countries where capital punishments still remain a norm. However, till date, it remains one of the most controversial and debatable concept. After the recent Nirbhaya judgement that was passed by the Supreme Court of India, the United Nations called upon all nations to stop the use of capital punishment or put a moratorium on it. In light of these developments, where almost 70% of the countries of the world have abolished death penalties, India still remains a strong advocate. India is a developing democracy, where efforts are being taken in order to reduce the crime rates. In pursuance of this motive, India has taken a strong stance in favour of capital punishment to deter and prevent heinous crimes, punish criminals and provide justice to the victims and their families. In opposition of this view, is the view of the countries who have abolished capital punishments who argue of the inhumane nature, high costs, no scientific evidence of their efficiency and irreversible nature of capital punishments. The main aim of this paper is to examine the issue of legality of capital punishment in India even after persistent backlash. This paper, under Part I, provides a comprehensive understanding of the debate surrounding death penalty and the contemporary status of the same in India and internationally. In Part II, the paper presents a review of the existent literature on capital punishment and nuanced studies that interlink various aspects of capital punishment with characteristics of individuals to establish trends. Part III of the paper is an analysis of the perspective of the Indian demographic on the legality of capital punishment and the impact of the same on Indian laws and policies on capital punishment.

Transgender movements address numerous issues for gender non-conforming populations across the globe. Trans people face massive discrimination and marginalization in all social institutions, including the family, labor market, housing, health, education, and religion. Trans folk deal with great levels of hate and violence across societies, which leads some authors to suggest that a transgender genocide is taking place world- wide. The majority of countries in the world make it difficult or do not allow trans people to amend identity documents (such as birth certificates, passports, and national ID cards) to reflect their gender identities. Without proper identity documentation, trans people are denied citizenship rights. Trans people have less access to healthcare than the general population, due to discrimination and harassment by providers, inability to pay, lack of insurance, and a host of other socioeconomic barriers. It is difficult for trans people to navigate gender-segregated services, including public restrooms, homeless shelters, drug- therapy facilities and prisons. Trans people in prison face challenges not only related to gender segregation and violence, but also due to lack of access to proper clinical care and medication – especially in relation to transition-related medical care. Trans rights activists are confronted with torture, prison, and death in many parts of the world. Human rights have to be given importance over traditional norms of societies that have distracted people from the path of elevating a transgender person as an equal being. A rigid morality restrains the freedom of choice and expression of people, and especially transgender people who are very often discriminated against. So, the researcher will discuss the rights of transgender under the international instruments and thereby make an analysis by seeing the reality that does these rights are actually availed by them in the society or these are just in paper and not in practice. And the researcher will also suggest measures to resolve all these issues prevailing in the society.

Mongolian folk songs are the closest music to nature, the product of the harmonious coexistence of man and nature, and the direct talk of the human mind and nature. Mongolian folk songs often have a melancholy and desolate beauty, heroic and open-minded beauty, frank and free beauty. Mongolian folk songs are the most vivid, simple and most popular form of music and art. A history of Mongolian music is in a sense a history of Mongolian folk songs. This article will develop the origin of the Mongolian culture to the cultural value analysis, and let us further understand the Mongolian folk songs, which occupies an important position in the whole culture and art. It is the relic of the ancient art and the excellent culture.

Ordos folk songs have a long history, long tradition, many kinds, various forms, rich content and profound connotation. They have always become their own family among the whole Mongolian nation and even human music culture gardens! Since social development, folk songs, like other intangible cultural heritages, are facing the difficulties of loss and preservation, and are in urgent need of protection. Organize folk song classes to teach skills, cultivate a new generation of folk singers, let more people pay attention to Ordos folk songs, recognize Ordos folk songs, understand Ordos folk songs, and better inherit and develop Ordos folk songs to the outside world.

Privacy which is probably the most essential element for the survival of mankind on this planet, is heard to be threatened these days in the name of “Procedure Established by Law” or “Public Duty” by the public servants. If we just wander for a second, that what will the situation of any person, if he/she doesn’t have any privacy rights, which covers all the private rights including of family, workplace, relationships, etc. Privacy in simple sense, is as important as oxygen to a human body, it is the medium which actually ensures a peaceful life with dignity and liberty, which is the essence of Article 21 of our Indian Constitution. Gradually as our Country is moving towards Digitalization, it is not wrong to call it is a “Cyber Era”, with the increase in use of social media and Internet in various spheres, the Data Security and Data Protection, which constitutes a vital element in terms of privacy as your digital footprint, is a National Issue as well as National Obligation to ensure for. Data Protection and Privacy are fundamentally interlinked, and constitute a very crucial and most sensitive space in the legal world at present times. The Research Paper is prepared on analogical method of research, as due to spread of pandemic Covid-19, and it’s implied restrictions, the secondary sources are used in the paper for gathering the information and further converting the same into a precise piece of information.

In the Corporate Insolvency Resolution Process (CIRP) initiated under the I&B Code 2016 (Code), Claims are a very important concept in the IBC regime. Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 (IBC) lay down the duties of an interim resolution professional (IRP) and a resolution professional (RP) respectively. The provisions of Code strive on the protection of interest of creditors of a company which is under CIRP while completing the insolvency resolution process in a time-bound manner. The IBC is fortified with mechanisms to reduce and efficiently deal with the rejection of claims, creditors whose claims are rejected would continue to face prejudice.

Wulan Muqi is a comprehensive grass-roots cultural institution set up by the government of Inner Mongolia Autonomous Region to carry out the cultural work of ethnic masses in pastoral areas and active in the late 1950s.Mainly performance, publicity, guidance, service, while inheriting the Mongolian ethnic culture.In 1959, Ordos established the first Wulan Muqi, and then each flag district successively established the Wulan Muqi Team. In the process of more than half a century of development, Wulan Muqi in Ordos grew into the main force of inheriting and innovating Ordos national culture.On the basis of summarizing the achievements of this national culture, this paper puts forward several suggestions on how to effectively publicize and promote it.

As the country stands in midst of massive revolt and push-back from small and marginal farmers against steamrolling of three ambitious farm bills by the Indian Parliament aimed at revamping, modernising and building self-sufficiency in the farming sector, this article attempts to seek solutions. It analyses the potentialities and restraints of corporatizing the agriculture sector in the country and discusses if, organisation of FPOs in the form of Producer Companies under the Companies Act, 2013 can be seen as a viable solution to the socio-economic grievances faced by the farmers.

The journey to finally establishing the country-wide regime of the GST in India has been rather a bumpy ride. Amidst the numerous political and legal approvals and disapprovals, the GST tax system was finally enacted on 1st July, 2017 in India under the authority promulgated through the 101st Constitutional Amendment Act 2017 by the Government of India under the leadership of Hon. Prime Minister, Narendra Modi. The basis for the enacting of the so-called “GST Law” was in the political and bureaucratic desire to avoid double taxation as well as tax on some levy or tax. In other words, the GST system aims at fair and consistent tax regime across the nation. It is observed in this paper that the GST system has been unsuccessful for manifold reasons. It is hypothesized in this study that unless the legislative and administrative actions related to the concept of “one-nation one-tax” is implemented in a manner that the tax regime strengthens the federal structure of governance; the States will not be willing to accept the newly enacted GST regime happily in India. It is argued that the Centre-State relationship will remain estranged in case of at least those States where the State Governments are ruled by the different political parties than that at the Centre. The importance of good governance cannot be ignored. The Constitutional principle of federalism has been the highlight of the paper in the Centre-State dynamic relationship. The author wishes to stress upon the growing concerns of the State Governments under the GST regime and also discuss the solutions and the structural changes that could be implemented to make the GST system more effective and efficient.

“To no one will we sell, to no one deny or delay right or justice” - Clause 40, Magna Carta This clause of the Great Charter, Magna Carta laid the foundation and spirit of individual liberty enshrined in the Constitution of India. The rights that Constitution grants in favor of sex workers essentially include, but are not restricted to, right to live with dignity, right to carry own profession of own choice, right to free legal aid, right against exploitation, right to healthcare, right to vote, right to shelter, right to carry on any trade business or profession, amongst others. Beyond articulating these rights as indivisible, Welfare State concept obligates the State machinery to take all appropriate measures to eliminate discrimination against women. The historical norms for the prostitution are seen as the root of such profession. Here, the research delves upon the historical and sociological approach towards women who choose the prostitution as profession. The present paper discusses the vicious circle of rights, laws and legal status of women as sex workers from pre-independence era to present times. Further, it throws light upon the constitutional and legal provisions that safeguard the rights of the women who choose prostitution as their profession. Also, the legal implication in support of judicial interpretation with the relevant case laws succinctly mention the real state of a women known for sex workers fighting for their rights and social status even in the contemporary era.

This paper deals with Intellectual Disability and NTA 1999. In this paper, the author has briefed on the Intellectual Disability, a condition which comes into existence because of damage to the body cell and types of Disability like medical, educational, and Iq level of Disability person and also how much the population is affected by this issue. The author has dealt with the lockdown effect of Disability people during this COVID 19 pandemic and due to this pandemic how children are stuck at home no social interaction beyond family and lack of games to stimulate them and also how families and relatives who have children with special needs are affected due to the pandemic. The author has given briefs of National Trust ACT 1999 (NTA) and who introduced this act and also I disused the vision of NTA 1999, Mission of NTA 1999 and objective of this Act. The author has briefed the Disability under NTA 1999 like Autism, cerebral palsy, mental impairment and multiple disabilities. The author has also discussed the various schemes under this Act and there are 9 schemes under this Act.

In this analysis a case is discussed where the issue relates to the communication of death to one bank and would that be certainly deemed to be sent to all other banks too. The Judges Ruled that a customer's demise notification in one bank does not apply to all other branches because it is complicated for various branches of banks to maintain record of the data supplied to the client in one bank because banks' technology had not advanced much at the period, and it would be extremely problematic to retain record of the customer's information until it had been communicated.

Prisoners of a nation are the most neglected citizen in terms of almost everything from basic amenities to basic human rights. And it becomes even more difficult for those prisoners who are expecting a child during their custody. Anyhow, women prisoners have some different needs that cannot be fulfilled in the normal prisons and with the prison system of India which deals with cumbersome problems like dilapidated infrastructure, over-crowded cells, uneatable food etc., the situation becomes more dangerous and labor some for a pregnant prisoner or her infant. Every year the number of female prisoners is growing at a faster rates than men. There are around 18,000 female prisoners in India in 2015, which is at its all-time high. And in this situation, over correctional system is not able to provide even separate cells for male and female prisoners in every district, let alone other amenities. In this paper, a comparative study has been done by the authors about the correctional systems of India and US. The paper highlights the different problems faced by pregnant women in prisons in the background of different cultures of both the nations. It also highlights the policies, rules and steps taken by the government to accommodate the special requirements of such inmates and their children, who are most vulnerable in this situation. Here, the authors also touches upon the situations such children have to face and what their life holds ahead when they are born in jails.

The right to life is the most fundamental human right. The death penalty is the most severe punishment and is commonly specified in the laws of many countries. This penalty deprives the convicted person of the right to life. Therefore, the death penalty is only applied to the most serious crimes. The application of the death penalty to drug-related crimes in relation to the right to life is a controversial issue and applied differently in different countries. This paper shall analyze the relationship between the right to life and the application of the death penalty to drug-related crimes in order to study the application of the death penalty to drug-related crimes both internally and domestically. The legal issues studied by this paper include legal issues related to the right to life, the application of death penalty, the legitimacy of application of death penalty to drug-related crimes, the trend of applying death penalty to drug-related crimes in the world and reference to the practices in Vietnam. By this paper, the author shall present the process of formation and development trend of Vietnamese law provisions related to the application of the death penalty to drug-related crimes, assess the compatibility between current Vietnamese regulations on this issue and international human rights standards.

Curative Petition is viewed as the ‘last remedy in the court of last resort’ and the concept has been evolved following the Doctrine of Ex Debitio Justiciae,ie.., the requirement of justice must be fulfilled and Actus Curiae Neminem Gravabit meaning the act of court cannot prejudice anyone. But there is a conflicting principle that restricts the application of curative petition like Interest Reipublicae Ut Sit Finis Litiumthat fosters the attainment of finality of judgment in order to settle the lis between the parties and manifest certainty of rights and liabilities. The author will trace the law of curative petition under the Constitution of India and also the laws prevailing in other countries of the world namely, the United States of America and the United Kingdom. It is to be borne in mind that before the decision of the Apex Court of India the case of Rupa Ashok Hurrav.Ashok Hurra , the laws pertaining to curative petition which is akin to a request for second review petition was obscure and the Supreme Court has made scintillating efforts to elucidate the law with respect to Curative Petition. There lies a certain level of dichotomy between curative petition and various other principles of law namely, Finality of judgment, Doctrine of Stare Decisis, correctional jurisdiction of the Supreme Court. These principles have been balanced by the Court and have been interpreted applying the ‘Doctrine of Harmonious Construction’ which ensures that curative petition is not vulnerable to misuse thereby opening floodgates of litigation or opening a Pandora’s Box which will not at all be docile. This approach is reflected in the guided principles exhibited by the Court like violation of principles of natural justice, lack of jurisdiction of the court, gross miscarriage or palpable injustice. The requisites enunciated by the Court are not exhaustive and has to be applied according to the facts and circumstances of the case.

“Child is the father of man”, this saying by an English poet has eternal value. How a child may be the father of man that can be well realized from the fact that after the man, his child is the next. The quality, standard, morality and capabilities of a child have much bearing in keeping a particular society alive. If the child becomes unfit the society ceases to thrive at all. Keeping such a view in mind our nation has given appropriate attention for child education in the country. Child’s education is made compulsory and free from six years to fourteen years. Therefore Elementary Education became a fundamental right in India after six decades of independence. In spite of the concerted efforts being made by the Government, the status of literacy in India is still not very fascinating. Because, every year, a large number of students drop out of school and as such it reduces the literacy rate of the country and creates a non-innovative environment. A large number of children remain out of school which is the main cause of educational deprivation of children. In order to make our nation educationally developed, it is very important to analysis the causes of school drop-outs , then only effective remedial measures will be taken. As such, a study on this arena is essential and a need of time. In this paper, a clearer insight is going to be shown after collecting requisite primary and secondary data on drop- out children and its reasons which is a burning issue now-a-days for universal education.

Long ago, India was one of the most desired destinations for trade and commerce in the world. Qualities of Indian products were very high and these were exported all over the world. But, due to several reasons, we failed to retain that place and honor. Now, the time has come to do something concrete to get back our past glory and to place our country in the forefront of all nations of the Universe. During the past few years, Indian economy has become one of the fastest growing economies of the world and a preferred FDI destination. Rising incomes, savings, investment opportunities, increased domestic consumptions, availability of educated and cheap young human resources and existence of strong rule of law have increased our hope. Recent initiatives of the Government of India such as ‘Make in India’, ‘Skill India’, ‘Digital India’, and other initiatives for ‘ease of doing business’ have changed the face of Indian trade and commerce. Government of India has also taken various steps to bring reforms in legal framework. Because, law is the regulator of society. Rule of law is the very heart and soul of the democracy. If rule of law is destroyed, then exploitation, anarchy, nepotism, nihilism and cynicism will increase. It will prompt the people to take law in their own hand and which in turn will destroy trade and commerce environment. So, law plays an important role in the development of trade and commerce. Enactment of Commercial Courts Act, 2015 by the Government of India is one of the right steps in this direction. It was long overdue. This law will bring reforms in commercial dispute resolution procedures. It will help in increasing FDI as a part of ease of doing business initiatives in India.

The purpose of this paper is to identify, establish and analyse the relation that exists between inflation and taxes. A comparative analysis between the economies of Australia and India has been conducted in order to study different scenarios that were and are being experienced in these economies. The economy of India is a developing one whereas the Australian economy is considered as a developed economy which gives a lot of prospects for study and research purposes. In order to study the same, consumer price and tax revenue has been considered for the variables of inflation and taxes respectively. For a better and more comprehensive understanding under tax revenue taxes on goods and services and taxes on income, profits and capital gains have been studied. When higher taxes are imposed, the inflation is forced to decrease and the same relation has been extensively studied in the paper.

According to a report by Human Rights Watch, inhuman and degrading treatment of over 165 million people in India has been justified on the basis of caste. Casteism is indeed an inherent and integral part in the structure of Indian society, and that barbarous violence has also been existing along with the caste system. Caste based violence, thus has been predominant throughout the history of India, from the colonial era to even today, at an astonishing rate, ranging from rape, brutal murder, sexual assault, honor killing and other heinous crimes. It is also a factual note that women are a major victim of such brutality and the crime rates against women done on the basis of caste is shockingly alarming even in 2021, though the system of caste had evolved a long way of progressiveness from the era of untouchability. Along with this, what is to be considered is the legal provisions and Acts that provide protection from caste-based atrocities and how far are they implemented and serving in its purpose. This paper attempts to critically analyze these matters with emphasis on the socio-legal aspect of a heinous caste-based violence combined with gender, the issue of Sexual Atrocities Against Dalit Women. Along with analyzing how predominant is the caste system and its related cruelties even today and to what extend does it affects the lives of women and how far are they prosecuted, it also aims to critically evaluate the remains of the caste system that are distinctly visible in the legal system and how it affects in providing justice to the Dalit women of the land.

The paper will revolve around the concept of will under Muslim law. Will under Muslim law be called “wasiyat”. Tyabji describes Will as “conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the death of the testator.” Will is a document through which the owner can make a disposition of his or her property,. A will is different from the other methods of disposition property as it only takes effect after the death of the owner. The concept of will/wasiyat is “regulated by the Quran and supplemented by the traditions of the prophet.” The will can be divided into parts, firstly 1/3rd of property can be made to altruistic, pious or religious objectives. Secondly the 2/3rd of the property will go according to the laws of succession. The paper is written after doing both primary and secondary research. The research methodology took into consideration few important cases. The main question on which the paper resolves is what is wasiyat. The research paper will also cover the essential points of a valid will and it deems to cover to competency of testator and legatee. The other research questions which will be covered in this research paper is how important consent of heirs is while making wills and what all can be written in a will. The main objective is to study wills and draw a difference between sharia law and Sunni law . “prophet has declared that the power should not be exercised to the injury of the lawful heirs.” The paper will cover the aspects like essential of wills, competency of testator, competency of legatee, limitation on testamentary powers and revocation of wills.

Every year, the first day of October is celebrated as International Day for Older People all over the world. Old age is an inevitable part of human life which makes a person usually weak, more vulnerable and prone to diseases. Therefore, elderly need a lot of care, attention and assistance throughout the day. The population of elderly is rising rapidly throughout the world and similar patterns of hardship and abuse of senior citizens are being observed in most countries. This paper deals explains and analyses various legal steps taken by the Indian government for the protection and welfare of senior citizens of the country, especially those who are alone and abandoned by their children. The main provisions are provided in the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 wherein the legislators ensured that children do not run out of the responsibility of their old parents who depend upon them. We shall restrict our study to main legislation governing laws relating to elderly. We shall also analyse the proposed amendments to the Act through the Amendment Bill of 2019 which widens the scope of welfare and protection of senior citizen. The paper shall also constitute of a comparative study relating to elderly laws of different federal states including USA, Australia, Pakistan, and Japan which demonstrates a unitary form of government.

During the past decade, online social networking has resulted in some profound changes in the way people interact and communicate. However, it is unclear whether some of these changes may cause psychiatric disorders and affect certain normal aspects of human behavior. Several studies in this area have suggested that the prolonged use of social networking sites (SNS), such as Twitter, Facebook, Instagram may be related to signs and symptoms of depression and other mental health issues. Some authors have indicated that certain Social Networking activities might be connected with low self-esteem, especially in children and adolescents. Other studies have shown completely opposite results in terms of the positive impact of SNS on self-esteem. To this very day, the relationship between mental problems and internet usage remains controversial, and research on this subject is faced with numerous challenges. This research study focuses on finding the suggested connection between internet use and mental health issues such as changes in self-esteem, depressive symptoms, and quality of life among college students.

Mongolian Zheng, known as Yatoga in Mongolian, is a unique Mongolian instrument of musical play.Many music types, such as Mongolian zheng, Ordos short folk songs, Ordos long folk songs and ancient music songs, have been included in the national and intangible cultural heritage lists of Inner Mongolia Autonomous Region respectively.Under the impact of modern music, the development of regional ethnic music and local ethnic Musical instruments has been blocked. Ethnic music, as a form of the richest spiritual symbol and common spiritual materialization of a nation, should be paid attention to.The integration and application of Mongolian zheng and local ethnic elements still stay at a relatively shallow level.As the main way of teaching communication, vocational colleges should play an important role in promoting the education and inheritance of local music culture. This article makes some discussions on setting effective courses effectively combining local national music with Mongolian zheng to promote the realization of new demonstration sites of national culture in vocational colleges.

Dance, as a special form of artistic expression, expresses people's thoughts and emotions with its unique body language. With the continuous development of education level and comprehensive national strength, the society also attaches more attention to preschool education. As the main body of preschool education, preschool teachers undertake the important task of cultivating young children. As a part of preschool education, dance teaching is closely related to children's future art training and physical exercise. Therefore, the author analyzes the current situation of preschool education and discusses the teaching design of dance teaching in preschool education.

Ulan Muqir is a "light horse team" of grassland culture. The characteristics of Ulan Muqir spirit have been developed for more than half a century. Ulan Muqir has also experienced the transformation of Chinese society from planned economy to market economy. Its development and evolution are closely connected with China's social development. At present, the economy of China's society is in line with globalization, and has entered an era of rapid development; whether Ulan Muqir can adapt to the new situation, and realize a new direction of self-development is worth in-depth study. Under the current new situation and development trend, Ulan Muqir needs to analyze some contradictions, but at the same time, it also needs to recognize its future development potential to ensure that it can play its own unique role in the construction of grassland culture.

The middle of the nineteenth century, modern French flute school gradually pulled open heavy curtain, in the late 19th century, France flute school began to show a real bright, tower at the same time, the method of Neil also established the important position of his flute school in France, French flute school believes that any technology is a service for music, flute of techniques can be divided into basic posture, breathing, tone Color (quality), articulation, finger dexterity, etc. This paper will make a basic introduction to the author and work of Tafanel's "Fantasia of the Free Archer" for a specific analysis. This paper is divided into five chapters. The first chapter introduces the author, including tafanel's life experience, main styles and main works. The second chapter is a brief introduction to the opera background and writing characteristics of the work. Section 1 and 5 of chapter 3 respectively introduce the importance of playing posture, breathing, tone quality, articulation and finger dexterity in flute playing. The fourth chapter is the performance analysis of the repertoire; The fifth chapter is the conclusion, enlightenment and understanding.

With the development of modern tourism, the traditional form of walking around the city is no longer able to meet the psychological needs of consumers, and tourists are increasingly focusing on the multi-level returns of consumption. As a major project of cultural transformation and upgrading in Shanxi Province during the 12th Five-Year Plan period, See You Again is the first project of the See You Again team in the north, which was successfully screened in 2013 and has become a successful example of indoor live-action experience. This paper takes a look at the current status of "See You Again Pingyao" and analyses the innovative development of the live-action experience through field research and visits.

Henan Opera is one of the five major types of Chinese opera with its own unique charm in terms of language characteristics. The language of Henan Opera is gener-ally close to the people's lives, but also in line with the characteristics of the times. It mainly uses the local language of Henan, which is easy to understand. In the long-term development process, Henan Opera has been continuously loved by its fans with its easy-to-understand expressions, profound humanistic ideas, strong local characteristics and local culture. This article takes the language characteristics of Henan Opera as the main axis, and is mainly divided into four parts to discuss.

In the 19th century, the eastern and western cultures collided in Russia, and Russia was in the interaction between the two. The tortuous historical process and the special geographical environment created a unique creation background. Under the efforts of many composers such as Glinka, The Five and Tchaikovsky, Russian piano works have a unique national flavor and made contributions to the development of piano in the world. Russian piano music in this period has a strong national flavor, unique creation techniques and tragic style, and the expression of delicate emotion and psychological experience has a new height. Based on the development background of Russia in the 19th century, this paper hopes to gain a deeper and essential understanding through analysis.

The chopstick dance, originated in Ordos, Inner Mongolia, got its name from dancing with chopsticks. The chopstick dance, which is one of the representative traditional folk dances of Mongolian nationality, is closely related to the natural environment and living customs of people on the grassland. The movements and musical style of chopstick dance complement other Mongolian dances, but also distinguish from others. Following the rhythm of the music, the dancers hold chopsticks hitting each part of the body in kneeling, sitting, standing and other posture. The movement is agile, the rhythm is bright and the emotion is warm, forming a very tense and infectious form of performance. Chopsticks dance expresses the Mongolian people's love for life and it is also a part of the spiritual life of Mongolian people.

In the field of art management research, management is a very delicate art, is also a crucial science, contemporary society developed art organization, performing art and visual art, facing the problem in the development is management, management and economy, management and aesthetics should combine each other, this is the development characteristics of the field of art, is also the main difficulty, management art play the greatest value, produce cultural and economic connection, cultural benefits and economic benefits, art management to play their own value, realize its significance. With the rapid development of information technology, multimedia technology has gradually begun to be applied in management in various disciplines, which has attracted high attention from researchers.Especially for the future development process of art management discipline, it occupies a very important position.It is clearly stipulated in the Art and Music Management Standard that information technology, as a representative technology in modern education management technology, can effectively expand music resources and enrich the information capacity of music management.In the process of actual management, it is necessary to intentionally increase the application proportion of modern multimedia technology, and give full play to the perspective of modern multimedia technology in its vivid image and rich information, so as to provide a good music management atmosphere for students and improve the quality of music management.

With the introduction of the education policy of "double reduction" in China, the curriculum of "non-discipline" art education has been increased, and the cultivation of art discipline knowledge system for children has been strengthened. In this paper, from the elaboration of the importance of art education combined with the current level of dance art education, dance art education related social market development research. It mainly includes the marketization, standardization and professionalization of dance art education. Through the analysis of the marketization relationship, the development of dance art education must be driven by both market demand and economic development, which plays a very important role in promoting the deepening of education reform and social development.

Under Sec 5 of Transfer of Property act 1882, the term “transfer of property” is described. The term Transfer of property means: it is an act done by a ; who transfers his property either in present or in near future to one or other living individual. It is to be noted that, transfer of property to any individual would also include companies, association or body corporate whether incorporated or not. However, Sec 13 of this act do act as an exception for the definition explained in Sec 5 of the same act. Sec 13 of TOPA,1882 discusses about the concept of “Transfer of an immovable property to an UNBORN CHILD”. Under this section the phrase “unborn child” means a child or a baby who is present in mother’s womb. A child who isn’t born yet there is an existence of such child in mother’s womb, then an immovable property can be transferred in to that unborn child. As stated in Sec 5, the transfer of property would take place between two or more living individuals. The same concept is applied in Sec 13. The Indian law determines that any living individual can transfer the property to the unborn child only if such unborn child is present in mother’s womb. The unborn child present in mother’s womb would be considered as a living individual and hence such transfer is held to be valid. If there is no presence of baby even in mother’s womb, then the property can’t be transferred to such a child by any living individual.

Equality means all are equal before the law, but when it comes to protection giving privilege to women it becomes justifiable. But at the same time ignoring another gender under the guise of the protection for women is not justifiable with special reference to sec 498A, domestic violence, maintenance and succession laws.

The five-judge bench in this landmark judgment unanimously proclaimed section 497 as unconstitutional as this section directly opposes the principles enshrined in Articles 14, 15(1), and 21 of the Indian Constitution. It was a much-awaited verdict as this 158-year-old section of the Indian Penal Code, 1860 doesn’t present any relevant existence in the present-day society because now women is an equally important player in the society and gone are the days when women used to be perceived as the property of men.

With the advent of the M. Nagraj Case (2006) supreme court specifically held that in order to reservation in promotion with consequential seniority for the Schedule Castes (SCs) and Schedule Tribes (STs) under Article 16(4A) and Article 16 (4B) of the Indian Constitution must be relied upon the collection of the quantifiable data clearly reflecting the backwardness and inadequacy of representation for the same in public employment and also obliterate the creamy layer of SCs and STs from reservation became a norm for the selection or appointment of any public employment. This only meant to provide an equality amongst the candidate actually backward to be benefitted so that their representation in public service should be ensured. Though this case widely left open as to what test be followed for determining adequacy of representation in promotional posts for e.g., if it proportionality test taken into account thus it will reduce number of SCs and STs in promotional posts will affect the efficiency of administration. The aim of this research paper is give an overview on the right to equality and equality in public service and with the help of judicial decision tried to establish the so far development in the field of socially educationally backward class and the constitutionality would be checked with the help of judicial precedents.

The framers of India’s written Constitution wisely incorporated checks and balances to bring out the harmonious balance in the power and responsibilities of the three wings of the Government i.e. the Executive, the Legislature and the Judiciary. They already knew that the absence of such a balance or even the perversity would render effective governance an impossibility. The individuals especially look up to the Judiciary to keep up and safeguard the equilibrium by its interpretation of various laws and decisions on the legitimateness and lawfulness of the exercise of their functions by various authorities, in cases preceding it. This research paper work deals with appointment, removal, and transfer of the Judges of the superior Judiciary in India. The object behind this research work as the topic itself says is to strengthen the Superior/Higher Judiciary. As my current research work is on 'Superior Judiciary', my main object has been for its independent functioning. The reason behind it is that the very existence of an orderly society depends upon the efficient and smooth functioning of its justice delivery system. A free judicial system is always considered imperative to support the efficacy of any Constitutional Order and great Governance. That is why any issue of utmost importance should always be seen through the prism of an Independent Judiciary.

Copyright, Patent, Trademark, Designs are some of the types of Intellectual Properties. These are creations of the human mind and hence called Intellectual Property. The term Cyberspace relates to the transactions carried through e-commerce. Web-based technology through the internet has increased our capacity to access it easily with rapid speed which is very useful for e-commerce and having quick electronic business transactions. The challenge that the law has faced in the recent years is how to tackle the development of Intellectual property on the Internet while preventing its unauthorised exploitation. And the most important of the many legal issues raised by the internet is the protection of the copyright. The author in this paper has tried to discuss copyright piracy in the digital age. Further, the landmark Napster’s case has also been discussed which was first major case to address the application of copyright laws to peer-to-peer file-sharing.

In the present scenario, the competition among businesses operative inside the telecommunication business of India has become terribly intense, and currently it's become terribly difficult for firms to sustain within the marketplace. Currently, India has been recognised as the second largest and additionally the foremost potential communication sector within the world. it's usually expressed that a considerable range of the subscriber base of 1.19 Billion is that the crucial issue that has contributed to such rising and development of the Indian Telecommunication business. the present study depends on Reliance Jio Infocomm restricted which is popularly stated as Reliance Jio whose entry has resulted in making a change of the complete telecommunication business of the country. Reliance Jio is to boot thought-about because the game changer within the whole market, and its entry has adversely affected the sales, profits, market share and client base of the present market players like Airtel, Idea, Vodafone and BSNL. The services offered by Reliance Jio are innovative, highly satisfactory and at a similar time, the complete has used a low value strategy. The results of this can be that Reliance Jio has been ready to penetrate the Indian telecommunication business inside a brief span of your time. This paper aims to analyse the impact of jio on telecommunication business in India . the kind of research used is empirical research and a convenient sampling methodology is employed as a sampling methodology. The sample size is 203. From the analysis of the study it may be concluded that declining sales, market share, client base and profits are the problems that brands like Airtel, Vodafone, plan and BSNL started witnessing once the entry of Jio within the telecommunication business.

In modern times, when organized crimes have enhanced and are becoming dreadful it is the obligation of the state to afford effective protection to the witnesses as they perform the sacred duty of helping out the courts to discover the truth. For the up keeping of the rule of law everyone is entitled to fair trial as it is a fundamental right originating from Article 21 of the Constitution of India and also considered as a human right. It averts the miscarriage of justice. It has been examined that witnesses turn inimical especially in high profile cases, either because of any reprisal or other alluring proposals which ruptures the integrity of the criminal justice system. The society thus holds the perception that the mighty can always get away from the clutches of law. In an effort to rejuvenate people’s faith in the criminal justice system they should be assured that state has an obligation to protect them while assisting it in the administration of justice. It is pivotal to state that the statement adduced by the witness aids the court sum up with a rational or judicious decision. In the course of investigation and trial of such crimes, it is crucial that witnesses have confidence in the authority as the statement adduced by them has a catalytic force which can determine the fate of the trial. The witness should be free from all fear and favor at the time of furnishing his testimony. In this article, the authors have endeavored to throw light on the definition of the term witness, framework and procedure of witness protection scheme in different countries. The researchers have made an attempt to draw a comparative study of the scheme among world’s most developed, developing and under developed countries.

Traditionally, in any form of employment, the employees did not have a voice as far as their rights are concerned within the workplace. This mainly due to the fact that employees where regarded as slaves. Hence, as a result of slavery and voice labour, employees could not enjoy any employment related rights. This status of affairs was the order of the day in most countries that were under colonial rule and Namibia was no exception to this situation. During the colonial era, employees did not enjoy adequate legislative rights. However, the with adoption of the supreme Constitution and other subsequent pieces of legislation as such as the Labour Act 11 of 2007 and its predecessors, employees are now entitled to employment rights, in particular the right to safe working environment. The question that this paper reflects on is whether the legislative right to safe working environment guaranteed by the law is adequately enjoyed by the employees.

Project finance has become a popular way to fund large-scale, capital-intensive projects including power plants, oil pipelines, highways, and tunnels, among other things. In a project finance arrangement where the project's lenders have limited access to the sponsoring company's assets, we examine debt capacity and risk selection. We draw a comparison between project finance loans with limited recourse and susceptible financial guarantee loans. We demonstrate the trade-offs between risk and debt capacity using contingent claims analysis in instances where the project's lenders have recourse to the sponsor's assets and in cases where they do not.

Our Indian legal system is encountering with a lot of backlog of cases. On the month of July, while addressing a keynote, Hon’ble CJI NV Ramana, at the India-Singapore Mediation Summit, quoted that there are approximately 45 million cases pending in the Indian courts. It has been increased more due to Covid-19-induced lockdowns and restrictions and also for the vacancies of the Judges from the lower courts to higher courts. We have come across a very common maxim called “Justice delayed is justice denied". For the sake of putting forward fast justice and for relieving the burden of judiciary, “Tribunals” has been set up. It is an administrative body formed for motive of discharging quasi-judicial duties. The tribunals are not actually courts but they are directed by the principles of Natural Justice. u/a 32, 136, 226 and 227 of the Constitution of India, the “Administrative Tribunals” has been constitutionally recognized. Recently after the passing of the Tribunal Reforms Bill, 2021, the legislature has abolished nine appellate Tribunals which has been consequence into conflict between the legislature and the judiciary on the abolition of tribunals. Various renowned persons and Judges of other High courts are against abolition of Tribunals, because in their perspective, abolition of tribunals will take away the boon that was gifted to the Judiciary and ultimately confining them with the cases only. The authors hereby aim to proceed this research in 3 parts, firstly to examine the validity and constitutionality of the Tribunals Act. Secondly, to discuss about the positive aspects of tribunalisation in India. And lastly, to deliberate the views of the legislature and judiciary on the abolition of tribunals.

The concept of CSR has been prevalent in India even before the implementation of CSR policy in the Companies act 2013. The name in itself might be considered new but the idea could be traced back to as old as the history of the Mauryas wherein, great philosopher Kautilya pronounced the importance of implementing ethical practices and various principles in the working of a business. The term CSR in general was not being used but the concept of the same has been made use of since then or even before that. India has experienced and gone through a transformation of economic liberalization in the past few decades and is still one of the fastest developing countries. Meanwhile, the private and public industrial sectors have been successful in creating a good amount of wealth, even then there still exists a wide population of the country that is unknown to receiving and making use of basic amenities as the growth has not occurred proportionately. CSR i.e, corporate social responsibility, could be understood as the responsibility that the company bestows upon itself in order to help in the upliftment and betterment of society and the environment. These responsibilities are limited to the society but also extends to the betterment and well being of the employees. In this particular paper, the author shall lay down the various nuances seen in the existence of corporate social responsibility in India. The meaning of CSR, the major provisions that deal with the same, the activities which could be undertaken through means of CSR, the whole evolution of CSR in India and lastly a set of recommendations that might help in more effective CSR implementation has been written down. further, for a better understanding, the present scenarios of Reliance Industries in respect of CSR has been discussed.

Human rights and protection of intellectual property are two different disciplines which have progressed significantly separately. For a number of reasons, their connection should be re-examined. Since adopting the TRIPS agreement, the effects of intellectual property rights have been considerably more obvious on the achievement of human rights such as the right to health. Further, the growing relevance of intellectual property rights has led to the need to clarify the extent of rules on human rights that protect individual knowledge contributions. Furthermore, there are a number of new issues in terms of knowledge contributions that cannot be adequately safeguarded by present frameworks on intellectual property rights. This article focuses at some of the consequences on human rights of existing intellectual property systems.

Reservation in its simple terms means the special privilege given to the special persons for the enjoyment of reserving access to government aided jobs, educational institutions, etc. Indian reservation policy is a caste based policy which is purposely enacted for the betterment and upliftment of the suppressed class persons of the society from social stigma of caste based discrimination. The reservation policy is always a hot topic for debate in India and a matter of conflict between reserved and non reserved communities. The reservation based on caste is bane and stoppage for the development of the nation because in the true sense the reservation scheme is unknown to the really needy individuals of reserved category and the creamy layer well settled individuals of reserved category are taking unnecessary advantages of this policy and hiding behind this the politicians are doing vote bank politics. At present there is need of review and reimplementation of reservation policy in India for the needy people who can avail the benefit for their growth irrespective of their religion or caste. For the real growth and development replacement of reservation with meritocracy is most important because mere filling of seats or jobs will never lead to development of nation.

The recent controversy of the infamous Cyrus Mistry case has created buzz over corporate governance. Corporate governance is bulwark of transparency and this transparency necessitates proper execution of rights against Oppression and Mismanagement in the Company. Initially the scope of remedy against prejudice was confined to only oppressive act, later on the basis of recommendations issued under Bhabha Committee report in 1952 the scope was widened to include mismanagement as well with the ambit of Indian Company Law. To protect the interest of shareholders the law relating to “Oppression and Mismanagement” Chapter XVI has been incorporated in Companies Act 2013. However, neither the term “Oppression” nor “Mismanagement” have been clearly defined under the act and therefore the scope rests entirely on judicial interpretation. This makes it quintessential to understand in depth the delineating features of the various terms finding mention under Companies Act and this article endeavours do so by analysing the term “Unfairly prejudiced”. The term “unfairly prejudice” with regards to oppression and mismanagement has originated in UK and the same has not exactly found a place under Indian Law. Section 241 of Companies Act uses the term “Prejudice”, therefore it becomes immensely important to understand the scope of the term to correctly prevent oppression and Mismanagement.

Refugees are the persons who are forced out of their native nations under the pressure of persecution. It is the duty of the International Forum to aid these asylum seekers’ effectively . The United Nations High Commissioner of Refugees promulgates the notion of providing international protection. This paper brings forth the resettlement structures’ followed by Australia, The European Union and lastly The Republic of Turkey. Each of these countries are known for aiding asylum seekers furthermore this paper aims to highlight the hardships faced amid the onset of COVID-19,these countries shut down their borders and cut down their budgets in order to balance out their economies . This led to a huge level of discomfort among the asylum seekers’, refugees’ ongoing determination of their international protection status .

Indian economy had traditionally been a closed economy and with the market majorly being under the control of government only, and disputes concerning competition in the market were regulated and dealt under the Monopolies and Restrictive Trade Practices Act, 1969. With the advent of liberalisation and the new economic policy in the year 1991, India liberalised its trade policy and brought the three pillars, i.e. Liberalisation, Globalisation, and privatisation into force. The new economic policy brought a paradigm shift and market was now made open for new private players as well. With the change introduced in the economic and trade policies, the market circumstances also changes and compelled the necessary change in law as well. Therefore, the existing Act i.e., Monopolies and Restrictive Trade practices Act was considered no more suitable to deal with the market circumstances. This led to the passing of a new enactment in the year 2002, i.e., the Competition Act, 2002 to deal with various problems related to anti-competitive practices, ensuring and promoting fair and healthy competition in the market, etc. In the present times, claims relating to competition law have been on a rise. The concern no more just relates to regulating competition or curbing anti-competitive practices, but also ensuring effective deterrence by imposition of fines, and remedying the affected parties through compensation. Since the market and its scenario are continuously changing therefore the need of the hour is not only confined to just punish and create awareness but also to make good the losses suffered by the aggrieved party. This approach of compensating for the losses to the aggrieved party highlights the need to have private enforcement of competition law. This paper will attempt to adjudge the ambit and scope of private enforcement of competition law and its applicability in India. Also, this article will focus on the various problems and lacunae present in the present legislation due to which the private enforcement is an underutilized aspect. Also, this article will focus on UK & EU jurisdiction and will try to compare and analyse the same with Indian Jurisdiction.

Sugar industries are among the others the backbone to economic development of the country. It contributes to food security, employment generation, revenue collection and energy security in the form of electricity production using its by-product bagasse. Indeed sugar industries plays vital role in economic development but it also adversely affect the environment simultaneously. The main source of air pollution from sugar industry is the bagasse fired boiler. The potential pollutants are sulfur dioxide, nitrogen oxide and carbon monoxide. The rapid increase in sugar production along with high rate of urbanization and subsequent increase in population has led to unprotected increase in the environmental degradation of the resources. The damage to both aquatic and terrestrial ecosystems caused by huge quantity of waste released in the form of effluent produces is certainly alarming. The drinking water from streams or rivers and using it for agricultural and domestic purposes has undergo serious health hazards on account of the sugar mill effluents, being discharged into the environment. Proper way of operation and imposing laws and regulations and maintaining those strictly can reduce pollution level. The polluter pays principle is globally recognized principle for the determination of compensation or penalty and attributing legal responsibility upon the pollutants. It is a matter of discussion and research as how sugar industries are causing environmental pollution and what are the measures taken by the government to curb such environmental threat. The National Green Tribunal (NGT or Tribunal) was established on three core principles i.e. sustainable development, precautionary measures and polluter pays principle. The decisions of National Green Tribunal are backed with polluter pays principle to deliberate on all the issues concerning environmental violations and determination of compensation. In this an effort has been made to check the accountability and effectiveness of the National Green Tribunal in its role as an environmental protector. In this study, a comparative analysis of various judicial decisions of honorable Supreme Court and National Green Tribunal evoking polluter pays principle with special reference to sugar industries in India has been done. This study relies on certain factors for the estimation and calculations of compensation. The results shows that the National Green Tribunal is not working according to the motive on which it has been established. Further it has been observed from the various cases that National Green Tribunal has many times uses only “guess works” in the determination of the compensations. The research work will help in the identification of the relevant cases related with polluter pays principle and its implementations in sugar industry.

The Uniform Civil Code is a single code which applicable for all the citizens of our country in personal matters such as marriage, divorce, adoption, maintenance and guardianship. Article 44 of the Constitution of India confers "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". Although, India has many religious law practices such as hindu marriage act which is merely applicable for Hindus and the term "Hindu" included along with the Sikhs, Jains and Buddhists. Besides, the Muslim personal laws are based on their religious texts such as the shariat application act and dissolution of muslim marriage act which are merely applicable on the muslim and Indian christians have the Indian christian marriage act where Parsis are subject to the parsi marriage and divorce act. Nevertheless, there have some "Secular" laws which are applicable for all the citizens irrespective of their religion and caste such as the special marriage act, guardianship and wards act, juvenile justice care and protection of children act, etc. However, Goa is the merely one state in India which has a UCC which is applicable upon the citizens of the state irrespective of their caste and religion. Though, this paper aims to evaluate on the personal laws in India and its various practices in social institutions as well as Constitutional challenges of the implementations of the UCC.

The world is amidst the greatest global emergency since the past one and half years due to advent and emergence of COVID-19 virus. This is the greatest global emergency and crisis that has brought the entire world to a state of shutdown or in other words have turned it into the new era of virtual work arena. All the countries around the globe has come to a standstill but the process and functions of governments across the globe shall be kept on for the proper functioning of the countries. The Indian Constitution has always been a source of question leading to multiple answers and analysis. Amidst such scenario when the entire world is in such a traumatised state, there exists yet now, various ways of delegation of power. In Indian subcontinent, speaking widely, the delegation of power is seen to be at the highest level and is one of the most crucial methods of administrating the country. This paper is keen to analyse the delegation of power that was witnessed in the subcontinent during the era of COVID-19 and to analyse whether the delegated power is within the complete framework of a valid delegation. This paper is also keen to identify the fact whether a delegation, just theoretical in nature shall be held valid without the practical application of the same even in this practical world. This paper also shall try to identify the lacunae in the delegated legislation during this era by analysing the scenario from various facets.

With the current rate at which technology is evolving, enforcing regulations has proven to be a difficult task. Artificial intelligence, which is a major aspect of the Fourth Industrial Revolution, plays a significant role in it. The author of this paper has specifically addressed the issues raised by artificial intelligence (AI) in the context of intellectual property specifically copyright. The authorship of works created by artificial intelligence with human intervention can be attributed to the person who provides the creative input for the work in question. But what about the works of art created entirely by artificial intelligence with no human intervention? The issues of whether such works are protected and who should be considered as the author are tired to address in this paper through a comparative study on Japan, China and U.K with that of India.

When India enacted the Companies Act, 2013, it became one of the few countries of the world to make Corporate Social Responsibility (CSR), a legal obligation for a large number of Indian companies. Using a comprehensive analysis of company’s CSR disclosures, this paper provides a bird’s-eye view on the major issues plaguing the current regulatory framework on CSR in India. In addition, this paper also highlights the major differences between privately owned and government companies on their motivations, approaches and challenges to the implementation and enforcement of CSR law of India. This paper largely argues that, the Indian CSR regulations are excessively broad and provide wide flexibilities that are possibly being misused, and hence, need legislative amendments to make them more concise, and improve accountability and transparency. The author in this context makes a critical and doctrinaire study over the context to investigate its implementation by the Business entities. From a broader corporate law perspective, this paper finds that while the current company law in India may have adopted a more stakeholder-centric approach by its construction, the approach of many companies towards the enforcement and implementation of CSR and the law remains essentially shareholder centric. In light of the above observations, the author would like to suggest that the existing regulatory framework needs to be strengthened with several legislative measures such as stricter auditing and monitoring measures for third-party implementing agencies and pre-and post-project impact assessment mechanisms.

With the rapid development of China's economy and society and the deepening of education reform policy, quality-oriented education is becoming more and more popular. The piano education in today music education can not only develop people's intelligence, exercise people's coordination ability, and cultivate people's innovation ability and aesthetic level. However, due to the different historical background and cultural degree between urban areas, there are also certain differences. It is necessary to investigate and analyze piano education in Ordos, and put forward relevant strategies for these problems. I hope that this study can play a positive role in the development of preschool piano education in Ordos.

This paper aims to demonstrate in respect of the growth of China as economic and military transformation, under the current Communist regime, also to critically analyze the potential to seriously threaten the future security of the United States. The paper first looks at the economic reforms that have radically changed the Chinese economy. Thereafter, the paper presents the major changes that have taken place concerning military transformation, equipment up-gradation, and power projection capability. The strategic policies of the US are also discussed. The paper then focuses on the argument that shows that China could threaten the United States. The paper concludes by noting that China is a Communist country that is dissatisfied with its status in the world and working to improve the status by becoming the most Superpower nation. Overall the paper discusses the growth of China, its transformation in military power, and also the up-gradation in the technical area of China. The paper also aims to discuss the relationship between China and United Nations. The paper also discusses whether the US is threatened by China's growth as a superpower.

This paper brings to the notice of all the stakeholders about the effects of the covid-19 pandemic on legal professionals and Courts of Uttarakhand. Two pertinent questions: one, how the legal professionals have been suffering throughout the COVID-19 pandemic period? and second, how the lost glory of legal professionals and courts of Uttarakhand can be achieved? The bar and therefore the bench are thought of to be the protector of human rights. The outbreak of the COVID-19 pandemic and ulterior lockdown greatly wedged the two. this article focuses to re-strategize the judicial procedure technologically that ultimately leaves the legal professionals in a better position. The state of Uttarakhand got separated from the state of Uttar Pradesh on nine November 2000 and have become the 27th state of India. it's well-established judicial structure with a high court at Nainital and Subordinate Courts at different levels. The Family Courts, Labour Courts, Public Service Tribunals, and so forth have conjointly been come upon for dealing with different cases. Around sixteen thousand registered lawyers are practicing in these courts. The pandemic not solely affected the health, profession, and education however also the livelihood of the many lawyers. The courts were suddenly closed down and were limited to hear only urgent matters through video conferencing. As a consequence, several lawyers suffered a financial crunch. They weren't allowed to visit courts to carry out legal proceedings for which they were obtaining emolument from their clientele. The Government & the Bar Council of Uttarakhand took commendable steps by providing financial aid to the needy lawyers. After subsequent unlocking, efforts are made to normalize the life but there's something that is required to be restructured. Existing rules post-pandemic ought to be amended. E-courts should be established whereby video conferencing of cases should be conducted routinely. Legal professionals need to be advanced techno soft, as this will not only serve as a source of their uninterrupted financial gain however conjointly sharpen their professional techniques.

The Article deals with a significant question of contractual liability of the government in case of bailment contracts. A bailment must be formed for a specified purpose and with a contract that the goods shall be returned to the bailor after the said purpose has been accomplished, thus the parties should enter into a contract, only then a bailment can be enforceable, accordingly, non-contractual bailments were not considered as enforceable in the court of law in India. The court in various judgements were of the view that the contractual liability which has been entered by the government involuntarily should not impose liability or contractual obligation on it, however through various judgements the court has marked a shift in this approach, but counter views have been in this regard, which we will further deal this article. It deals with the nature and applicability of non-contractual bailments in contract law. The researcher considered the two different approaches followed by Indian courts in this matter. It comparatively analyses both the approaches, and opines why the shift was necessary and how it would be an better alternative to the other in an Indian context, as well as how it could be more beneficial in the contemporary era. It encompasses the most crucial aspects of contract law. The primary purpose of this paper is to examine the government's contractual obligation in the case of a bailment contract.

In the light of rapid capitalism, the modern era companies are often found dirtying their hands in the race for profit and competition. This furious yet determined attitude of the firms often gives rise to civil and criminal liability either due to the company's lack of reasonable foresight or negligence to follow the standards set by the respective regulatory mechanism. The failure to follow such regulatory measures coupled with negligence gives rise to liability. This paper will examine the extent of this liability under the current Indian law and will attempt to assess the body of law with an eye to possible reform proposals. Two basic themes will be apparent throughout; first, the criminality behind corporate criminal liability and need for a flexible means of regulating the activity of corporations, given the diversity of uses to which the corporate form may be put and the ubiquity of corporations in the commercial life of our society; and second while criminal law can provide such a regulatory device, the conceptual framework upon which it is based is one of the individuals personal fault. The paper aims to analyze Corporate Criminal Liability with a significant emphasis on relevant criminological theories.