Volume IV – Issue VI / 2021

This article is an exploration of the history and socio-legal evolution of the relations between the people of French Guiana (an overseas department of France), and France. As French citizens and part of the European Union, French Guiana is the sole remaining colony within South America to have yet obtain its independence. In this paper we shall see how the French Guianese represent a long forgotten people of the Amazon rainforest, and while they may be a study of curiosity or fantasy, they are a people who continue to struggle to gain their place in the world and fulfill their right to self-determination under half a millennial of oppressive colonization.

The post-Cold War era was characterized by the divergence of national security and economics. Predominantly, policy makers focused on interdependence in economic relations leading to maximisation of economic gains for all the nations and considered it a positive-sum game often turning a blind eye to the outcomes arising when economic actions were pursued to secure strategic and geo-political goals. However, recent global developments have brought back attention of the global community towards the reality as it exists. Weaponisation of trade by using tariffs and economic sanctions to secure strategic goals is not a new phenomenon but what makes it unique is the systemically crippling of the watchdogs i.e. the international organizations responsible to establish and administer a rules-based system. The underlying message is unambiguous and clear that the world order is being re-invented to facilitate the competition between the incumbent super-power and newer players. Deeper economic integration amongst these nations as a result of various multilateral and free trade agreements makes the situation even more complex. In light of these revelations economy is now considered one of the fundamental elements of power and economic security forms integral part of national security. The innovation in the field of Internet of Things, Artificial Intelligence, 5G, 3-D printing etc. which proposes to revolutionise trade makes the subject matter of this essay more relevant since these new technologies are currently limited to only few nations. The essay is an attempt to highlight the growing importance of geoeconomics which forms part of hybrid warfare and poses a non-traditional threat to the national security of any nation. This essay is exploratory in nature and aims to analyze the interaction of national security and realm of international trade. The essay will rely on political theories and the domain of international trade and investment to ascertain the linkage between power, national security and economics. Further, as a case study, essay will analyze the responses of major powers specifically the U.S. and the rising Chinese geoeconomics influence and will try to map the policy options available to India within the present international economic law framework.

Every human, rich or poor, educated or an illiterate are alike in the hands of death. Euthanasia refers to the the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma. The legality of Euthanasia is different around the world. Certain countries have legalized even active euthanasia while majority of nations hold any form of Euthanasia as illegal. Netherlands, Belgium, Colombia, Canada are some countries where active euthanasia is legal. India is one of the countries where passive euthanasia is legal, it was legalized by the infamous Aruna Shanbaug Case. The Rajasthan High Court held that Article 21 does not enshrine the Right to die and that the practice cannot be taken as an essential religious practice under Article 25 of the constitution and banned the practice and made it punishable under section 309 and 306 of the IPC. The judgment received opposition nationwide from the Jain community.

Cyberbullying is a trending menace in cyberspace which spreads hate speeches, obscenity, insecurity, stress, depression, psychological damages, which may even lead to suicidal behaviour. Cyberbullys take the advantage of anonymity and ignore the consequences of their actions. Cyberbullying victimises children, men, women and transgender without any discrimination of their societal status.

This note examines the substantive merit of Cape Breton Island’s (CBI) sovereignty claims and request for the repeal of the 1820 re-annexation of the Colony of Cape Breton by the Colony of Nova Scotia, pre-Confederation Canada, 1867. The annexation was without the consent of the Governor of the Colony of Cape Breton, nor consent of the residents and without Great Britain’s Privy Council approval. It was clearly an arbitrary and arguably capricious administrative action by the Crown, that was in bad faith and rife for judicial review. Under principles of restorative justice the challenge becomes how to politically and legally re-establish CBI as an independently self-governing entity within the Canadian Confederation, per its Constitution Acts, 1967-1982 .

We are under the second wave of COVID – 19. As the world is hit by the pandemic Novel Coronavirus we are forced to restrict ourselves at home and the access to the public has become very limited. Suddenly everything has become so dark, so vague, so unpredictable yet we need to move on. India being the second largest populous country the current pandemic will be a very big challenge to us. We are facing a biggest lockdown of this century to slow down the spread of the virus. We are in one of the toughest time where slowly every country will face another wave of a great recession, there will be a big hit in the economy of many countries.

Rights are very crucial for every mankind be it an accused or the aggrieved person in a particular offence as prisoners are also humans and they deserve to be treated like humans. Just because a person is criminal, it is not justifiable to punish or harass for his/her wrongdoings as it is upon the judicial system of a particular country to decide what punishment an accused deserves or not. Custodial rape and sexual violence upon the prisoner is one of the most ignored offence to be reported or to be discussed about as people are not sympathetic towards prisoners and think that it is better to subject the criminal to the same heinous act, which he/she has committed against the victim and the society. Rape is considered one of heinous offences but only women come under the term ‘victim’ when it comes to sexual offences or rape laws. Prison violence is not any gender specific issue and it drastically drags the prisoners into trauma and insecurity, which stays with the prisoner and later carries to the society when released. The authors would be shedding light upon the laws against custodial rape and sexual violence in India and USA and comparing the rights of prisoners. And discussing the loopholes in laws against prison violence with the help of various case laws and later elaborating about the reforms needed in laws in that particular country. Research methodology would be doctrinal and authors would be referring to various secondary sources like books, magazines, journals, case studies, exiting legislations, etc. of India and USA. The research question: 1. Are there any existing laws to tackle and elimination of the crime of custodial rape and sexual violence in India and USA? If yes, are they enough to protect rights of the prisoners? 2. Are the laws gender specific in India or USA? Is there any need for reforms? 3. What is the impact of prison rape and violence on prisoners?

Under The Judiciary would appreciate, without an express authority; neither the Centre nor State can legislate on any subject matter. Referring to the matter sub-judice before the Hon’ble Supreme Court, I the undersigned, do hereby make this humble submission for your kind consideration Without expressing an authority from the “Constitution on India” (COI) which empowered the legislative to legislate, the Central Govt of India (GOI) brought in the Tribunals Reforms Act, 2021 (TRA) & put to enforcement retrospectively from 4th April, 2021 on an assent from Hon’ble President of India. Nonetheless, this TRA legislation is in apple pie order absolutely with respect to two aspects exclusively of thre

Predominantly in the Bodo society the dresses were weaved in every household as a part of their daily activities depending on the weather and climate conditions. But in the present scenario it is observed that the culture of weaving is diminishing in the semi urban and urban areas of Kokrajhar district and other three neighboring districts of Bodoland Territorial Region (B.T.R.). Generally, the Bodo traditional handloom weavers are from the remote places who are undertaking this activity for their livelihood. This paper emphasizes on dresses of Bodo tribe (especially women) weaved by the traditional weavers of Kokrajhar District, Assam by using the knowledge transferred from their forefathers. Bodo tribe is one of the largest tribal communities settled in Brahmaputra valley of Assam. They are unique and different in various ways including food habbits, culture, language, weaving of their clothes and many others. Dresses that are being traditionally weaved since inception represents the cultural value and social relationship. Dresses are considered an integral part of one’s cultural identity. It may be emphasized that if the traditional dresses weaved by traditional knowledge finds a place in the market then it will strengthen the financial position of the local weavers. It will resolve the unemployment problems among the youth. Also, it is observed from many years that these clothes are facing certain threats. The biggest one of them is lack of recognition. Therefore, this paper will focus mainly on granting recognition and protection to these dresses and to find out the reason regarding the disinterest among youth in learning the knowledge. The State must ensure to promote policies for inclusive living to ensure justice, fairness and equity so that the representation can be made in wider platform.

In the case of Satender Kumar Antil v. CBI & Anr, the Divisional Bench of two Judges of the Supreme Court voiced the dissatisfaction with the possibility of regular arrests as well as thought it was important to set down a few guidelines in this regard and came up with new guidelines on granting bail. The aim of these new guidelines is preventing the unnecessary arrest of the accused person during an investigation, or before as well as after filing of the chargesheet. Furthermore, the Supreme Court outlined four categories into which criminal offences should be classified. These guidelines also provide some constructive suggestions to prevent the accused person from getting arrested during the investigation.

Love is an emotion of a strong affection and personal attachment. Love act as a major facilitator of interpersonal relationships and owing to its central psychological importance, is one of the most common themes in the creative acts. The spiritual wisdom that contemplates the harmonious unity of all things is nothing but the love of beauty. Love is a gift of the God. The greatest of heaven's blessings and therefore through love we become like God, immortal or divine. Through participation in God's creative activity. The artist, and the poet, and the Philosopher have says because they live in the recollection of the holy things of beauty. The end of contemplation is divine love and divine beauty. Learning thus should foster this divine dimension, or this upward path, in one's life. We should remember that instruction is a real and a true union between those who desire to be initiated into the mysteries of love and of the beautiful and the instructor who fosters a life of love, of recollection of quiet contemplation of knowledge, of peace and of joy.

The case of Kesavananda Bharati, popularly known as the Fundamental Rights Case is an important case in the constitutional history of India wherein the Basic Structure Doctrine of the Indian Constitution was defined. This doctrine empowers the Parliament to amend the Constitution provided there is no change in the fundamental rights and other provisions that constitute its basic structure. In this case, the plaintiff Kesavananda Bharati, the chief of Edneer Mutt in Kasargod District of Kerala challenged a land reform legislation that infringed his right to property amongst other rights. This case is, without a doubt, one that will always have fame in the history of our country as the single-handed saviour of India’s democracy. Through this article, the writer aims to shed some light on this landmark case by way of a detailed analysis which includes a case background, issues, arguments of either side, judgment, and conclusion.

How many of us are aware of the Female Genital Mutilation that has been taking place across various communities all over the world since ages? Even if people are aware, how many of them have taken an initiative to raise their voice against such an inhumane practice? Isn’t it a gross violation of not just human rights but also the fundamental rights guaranteed to every citizen? Why has this practice been allowed in India under the blanket of Article 26 of the Constitution? There are a number of such questions which will be studied in this paper. In India, Female Genital Mutilation has been in practice since 1400 years and has now become an integral part of the Dawoodi Bohra community who regard it as an essential practice for their religious sect. However, the world has been witness to such an atrocious act since ages and it is still being carried on in several regions of several countries in the world. But in the recent times, this practice has been facing a lot of criticism. This paper looks into the concepts related to the practice of Female Genital Mutilation as well as several cases relating to it all over the world and how new legislations are being introduced to curb this practise. It further goes on to analyse certain data found regarding Female Genital Mutilation and suggests solutions to counter this menace.

Menstruation is a biological subject having socio-cultural consequences - it is connected with sectors including education and WASH (Water, sanitation and hygiene) and has a significant impact on women’s physical and emotional wellbeing. Menstruation continues to be considered a taboo in our country as there are no open conversations around the subject, preventing women from reaching out for help. Menstrual Hygiene Management in India has faced severe challenges in India for centuries due to the lack of awareness, lack of access to resources, and poverty. However, the last two decades have seen major developments in the MHM space in India including prevalence of sustainable menstrual hygiene alternatives, UNICEF and other multilateral organisations giving it priority, and the entry of femtech startups to promote healthy alternatives alongside reaching the masses. These efforts have been monumental in helping women reach out for medical assistance and fostering their wellbeing. The increased dialogue on social media has also contributed to breaking the taboo around it. This paper explores the evolution of menstrual hygiene practices in India, the contributions of startups in making the conversations taboo free and recommends a public-private partnership between these emerging organisations and the government for increased growth in the sector.

This manuscript briefly explains the nitty gritties of the Judicial review system in India. It describes the various roles and functions performed by the various authorities under this particular system. Judicial review in India deals with the legislative actions, judicial actions as well as administrative actions. There are several grounds on the basis of which the cases of judicial review can be taken upon. The manuscript talks about how exactly the judicial review system helps in maintaining an an equilibrium among the legislative, executive and the judiciary heads of the country. It talks about circumstances when an authority goes beyond the power that has been conferred in it and that might lead to an ultra vires judgement. The manuscript deals with the principle of irrationality, doctrine of legitimate expectation and many other instances where the need for judicial review can arise. The manuscript talks about the various remedies for judicial review of administrative actions are available in the form of writs that are elaborately described under Article 32 and Article 226 of the Constitution of India. These remedies include the five writs known as Habeas Corpus, Mandamus, quo warranto, Prohibition, Certiorari. The entire system of judicial review holds the crux of administrative law and more aspects pertinent to the same has been briefly discussed in the manuscript

Child sexual abuse is a problem that affects countries all over the world. It is a rising problem that must be dealt with as soon as possible. Such abuse has a severe impact on children's development and can cause permanent trauma. To address this issue, the Indian government has enacted legislations and made amendments to existing laws. However, this has not deterred criminals from carrying out such heinous acts. The country has the largest number of cases of child sexual abuse, which is even more shocking given that most instances in the country go unreported. Even though the COVID-19 pandemic brought the country to a halt, the number of such cases has only increased. In this work, the author has sought to describe the current state of Child Sexual Abuse in India, and highlight the legislative changes that have been brought forward. The country's major difficulties against the said issue are explained, and recent judgments of various High Courts are also examined. The author's research gives potential solutions for establishing a concrete framework against Child Sexual Abuse.

Ever since the world is gripped in the clutches of the Covid-19 Pandemic, there have been global and local consequences. Countries all over the world had to come to terms with new challenges in their day transactions at all levels. Commerce, Trade, and Industry too did not remain absolved from its effects. Businesses all of a sudden came to a standstill with the pan country directives of absolute restriction in movement of the people, except the essential services professionals and they too had a very restrictive movement and precautions. Many business transactions came to an abrupt stand-still due to the absence of manpower. They were unable to carry out their part of the transaction due, thereby invoking frustration of the contract entered into. It is in this back-drop one has to consider how within how long a time was one allowed to perform their end of the contract.

Since the inception of early civilization and man started living in societies, through the period of renaissance and inception of various other civilisations, there has existed a cohort of notions upon which various contemplations and notions were devised and debated. One such notion was justice. Justice and its concept is as primitive as human society is. It existed in the smallest institution i.e. family, to the State, the highest sovereign institution. Since it existed from such a time immemorial, it’s forms and views upon it have evolved and came into being as what today we call justice, engendering in itself a cohort of ideas and theories. Since the dawn of early civilisations, various conceptions and different ways of its application have been learned. But the integral and common notion in all those evolutions remained constant, that is its righteousness. Talking about justice in its breadth and length is one thing and its administration is another. So, diving through a range of theories and arguments and cases upon justice, here we will also elucidate its concept given by various theories, its administration and consequently the need and practice of it.

India is a secular country. The nature of secularism is to treat every religion equally even they are following minority religion. Spirituality is a destiny and religion are just a way to attain spiritual. People choose different ways (Religion) to reach their destiny. India believes every way (Religion) should be treated respectfully. As the result Secularism was added as a part of our Indian Constitution and articles regarding secularism was also added as a part of Fundamental Rights. Some people around the world having a presumption that India is a country following Hinduism as an only religion but the truth is India is having lot of religions most of them are legally recognised and having certain privileges. Now it’s our moral duty to know about our Fundamental rights relating to religion and secularism. This article includes definition of various authors about the word religion and constitutional provision regarding freedom of religion. Measures taken by India to protect religious minorities. Analysing the position of minorities in India comparative to other countries. Evaluate whether Hinduism is a minority religion in India or not. Study of landmark judgement related to freedom of religion and the rights of religious minorities and its overview.

“The majority of economic downturns have been caused by systemic inefficiencies.” A critical analysis on the effect of Covid-19 pandemic in the field of Merger and Acquisition (M&A) with regard to its impact on the entire globe’s business transactions and describing its aftermath which either affected the world in positive way or negative way or both. Initially, the paper portrays a brief description on the various factors that have impacted the M&A market with respect to the buyers and sellers and their response to the consequences of Covid-19 pandemic. Further, it aims at describing the impact of Covid-19 on M&A in different parts of the world such as USA, Asia Pacific, Europe and specifically China and India. The later and the final half of the paper is mostly concerned with the trends and graphical representation on the M&A deals in various way, which took place in the midst of Covid Pandemic, pre-covid pandemic and post-covid pandemic. However, a full-fledged pandemic effect cannot be concluded at this moment (2021) because nobody knows how long it’ll last.

This research paper deals with the birth of patents and traces the nature of biotech patents. The idea of issuing monopoly to an invention is not a novel concept. Patent law has a rich and extensive history that began as early as 500 BCE, where chefs in Sybaris had the opportunity to enjoy a year of monopolized profit for a unique dish that they had created . Although, the earliest origins of patents are ancient and obscure, growing populations, rising disposable incomes and progressive urbanization across the world have spurred rapid growth in the research of biotechnological inventions. Right from the Chakrabarthy to Chimeras, the research and development in biotechnology has crossed the ocean. An attempt has been made in this paper to discuss the history of patents and the concept of growing nature of biotech patents

The present work is on the issue over which not only India but other countries of the world are equally affected and worried i.e. ‘rape’. The offence of rape is not restricted to women but has impacted almost all other sections of the society either its children or transgenders. Rape means sexual assault against the individual. It has multiple consequences including physical, emotional, financial and social. In contemporary times, it is observed that though the awareness regarding an act has increased manifolds but the effect is not directly proportional. To the contrary, it increases to great extent and has crossed all limits of inhumanity. The victim of sexual assault is not victimized once rather she suffers a lot at the hands of justice system, media and society. The whole burden of the incident falls on the victim than on the accused and she is questioned at each and every stage. Thus the present research will critically analyse the statutory provisions of rape under Indian Penal Code, 1860 and will try to suggest some workable solutions to the problem.

Death penalty or capital punishment is state-sanctioned punishment of ending the life of the accused person by giving him death sentence. The act towards the accomplishment of death penalty is known as an execution. There is one more term; “on death row” which means a prisoner who has been sentenced to death and awaits execution is condemned. In serious offences Indian Penal Code as the provision of giving life imprisonment but death penalty is given in cases falling under “rarest of rare” category. The aggravated crimes such as rape, murder, genocide etc are considered as heinous crimes. Death penalty is given in different ways as per the laws of different countries. In India, hanging is considered as least painful death for the criminals. Executions can be carried out by hanging, shooting, stoning, electrocution and gassing. Many countries have abolished death penalty for ordinary crimes. Fifty-four countries have retained the capital punishment. Death penalty is a controversial topic and it invited many heated arguments and debates. Till now India has not abolished death penalty. Article 2 of the Charter of Fundamental Rights of the European Union prohibits the capital punishment. In addition to this, the Protocol 13 of the European Convention on Human Rights also favored the view of abolishing death penalty. This is applicable only to those countries that have signed and ratified it. It excludes Armenia, Russia and Azerbaijan. There are any pros and cons of it, the detailed analysis has been done in this research paper. The eight non-binding resolutions for execution have been formed to abolish the same by United Nations General Assembly.

Indian society has remain patriarchal since ancient time and women is been considered as subordinate gender. Women have given inferior positions in every sector therefore, they are need to be protected. The Indian constitution provides protection to the women in every necessary sector. Not only the Indian Constitution, there are other statutes too, providing protection too women. Today's women who are leading their personal and professional lives, have actually travelled a long distance to achieve the same. Women have faced discrimination at every stage and have become victim of many severe crimes. Therefore, even the crimes have been categorized and laws have been enacted as an advancement of protection to them. Lastly, the government has also under taken certain initiatives to safeguard the interest of women.

Over the past decades, the concept of the knowledge economy has become increasingly important worldwide due to being seen as a source of economic growth and competitiveness. This topic is being discussed in the Slovak Republic, as well. This short research paper aims to describe the knowledge economy level in the Slovak Republic. As a result, the 2018 EBRD knowledge economy index of the Slovak Republic was analyzed. We concluded that the Slovak Republic gained a score of 5.40, which placed it at the eighth position. Thanks to its development throughout the years, it was also placed in the stand out economy group. To analyze the results closely, future research should be aimed at the detailed analysis of the knowledge economy drivers of the Slovak Republic. Acknowledgement This paper was supported by the research grant APVV-18-0479.

Intellectual property refers to intangible creations of the human intellect. It refers to intellectual creativity of a creator. This article discus various types of intellectual rights like, patent, copyright, trademarks, trade secret, industrial design, geographical indications and how we know it today. It provides rules for securing and enforcing legal right to design, invention, and artistic works. The basic aim of IPR is to help in meeting challenges for the development of the society.

It would not be wrong to say that a free and independent media is a core stone of any successfully democracy in the world. Sting Operations is one such method used by the media to ensure transparency and accountability and give citizens a perspective regarding social, political and economic issues concerning the country at large. Though sting operations were meant to empower the society; however recent instances of profit and sensationalism have made one to question the intent of such operations. Therefore, the persistent question to answer is the admissibility and legitimacy of such operations as evidence in the eyes of laws so as to no make a travesty of justice. In this research paper, the author shall throw light the question of moral righteousness and the judicial interpretation on the question of admissibility of illegally obtained evidence.

In June 1969, a lady named Norma L. McCorvey from US, found out that she was pregnant. Earlier, she had given birth to two children but given both of them in adoption due to the hardships and impoverished situations in her life. Following the same circumstances, this time also she wanted to terminate her pregnancy. Some friends suggested her to pretend falsely that she had been raped so that she can have a legal abortion (not being aware of the fact that Texas Law does not allow abortion in rape cases). However, this scheme doesn’t work out as there was no document of police report regarding the alleged rape. At that time, abortion was only allowed by law in case there is any threat to mother’s life. She decided to have an illegal abortion but discovered that illegal abortion facility had been caught by the police and thus closed down. After all the schemes of her to obtain an abortion, failed, she was referred to the assistance of attorneys of Texas, Linda Coffee and Sarah Weddington who sought to challenge the existing laws of abortion. They filed a suit in the United States District Court for the Northern District of Texas on behalf of McCorvey (under the alias Jane Roe) against the defendant, Henry Wade. Meanwhile the case was pending before the court, McCorvey gave birth to a child in 1970 and gave him also for adoption. On June 17, 1970, a three judge Bench of the District Court declared that the existing abortion laws are void as it violates the right to privacy as enshrined under Ninth and Fourteenth Amendment Rights. Aggrieved by the decision, the appellant reached to the Supreme Court of United States against the injunctive rulings.

A Statute can be defined as a set of laws that are passed by the legislature. Further the provisions of law written under the statute are enacted by the legislature. The classification of the same can be done under 3 main categories. The categories are Amendment, Consolidation and Codification of Statutes. Amendment means to make changes into the existing laws according to the requirement of the time. Consolidation refers to the process of bringing together the provisions of law relating to a particular subject of law. Codification on the other hand means to exhaustively describe the provisions of law regarding a particular subject of law. The article below discusses the stated topics in depth and suggests how interpretation is an essential requirement.

This paper aims at exploring the emerging concept of Green Governance or Corporate Environmental Governance, which has been defined as “...setting out the responsibilities of directors and establishing the accountability of the board to all the company's stakeholders [such that it] includes the systems and tools used to achieve the company's environmental objectives and their effectiveness in meeting desired outcomes” . The key principles of green governance and sustainable development support the incorporation of environmental, social and economic issues into all aspects of decision-making. The concept of integration differentiate green governance and sustainability from other types of policies. In order to strengthening the green governance principles’ implementation, it requires policy makers and practitioners at local governance level to support knowledge based methods, for instance, knowledge sharing, dissemination of best practices, better compliance, awareness raising campaigns. Due to the wide dimension of environmental themes, like climate change, waste management, energy efficiency, CO2 emissions, the green governance becomes institutionalised within organisational fields, more complex and fragmented. Nevertheless, the aim of green governance is to “improve the environment essentials in different sectors buildings, water, transport, public health, industry, climate, rural abandonment and energy. With this premises , this paper aims at critically analysing how the Indian Corporate scenario is adopting the Green Governance and how far it has been successful , further how the legal and policy measures with respect to the same is being enforced and lastly to recommend suggestions so that it can be improved.

Migration is a worldwide phenomenon that will likely continue in the foreseeable future. It has been an important factor determining population change throughout human history. Individuals and groups migrate (more or less permanently) over symbolic or political boundaries into new residential regions and communities . In earlier times, on exhausting the resources of a particular region, humans migrated to other regions where they could find the means of sustenance in abundance – this nomadic practice virtually ceased when our ancestors, well-versed themselves with the nuances of agriculture and started the tradition of settling near the riverbanks, for perpetuity. This is exactly how the ancient civilizations of Mesopotamia between the Tigris and the Euphrates and the Harappa along Indus. Although the basic needs of humanity were assured owing to such settlements, the ideologies of expansionism, trade and the greed for securing more resources led to several tribes and later, the religious groups to left their homelands, plundered foreign nations, exploited the natives and quite audaciously settled among themselves, attempting to be one. Likewise, a few groups, who fell prey to the wrath of nature or against the savage members of their community, escaped to places where they could expect a dignified treatment – labelled as refugees, these migrants, either legal or illegal, have had a substantial impact on the civilizations where they settled. If the Aryan-Migration theory holds , then, for 5000 years, Refugees, in some form or the other, had been instrumental in crushing the very cultural values for which India has stood for.

This study compares and contrasts the constitutional approaches to guaranteeing the right to food in India and Brazil. An examination of how international law has influenced the terminology and meaning of the constitutional right, beginning with India, will be included in this analysis. It will examine how both countries that have a constitutional right to food have construed and executed the right's justiciability. Because international legal principles are intrinsically linked to the right to food.

Infanticide in India is age old practice which is prevailing in India and if we look at the historical aspect of this particular problem, we will find that the first instance of infanticide was recorded in the British regime among the Rajputana Clan. Foeticide and infanticide are crimes where the victim is generally a girl child and these crimes are a grave attack on her human right to live a dignified life. In India under the provisions of the Indian Penal Code, 1860 infanticide is considered as a punishable offence. But apart from IPC, no specific legislation is available till now for prevention of the commission of infanticide. Conditional cash transfer schemes are some initiatives taken by the central as well as by the state governments to provide financial assistance to the girl child and their parents upon fulfillment of the conditions specified under the schemes. As in India dowry is considered as one of the major reasons for commission of the crime of infanticide, these conditional cash transfer schemes can provide relief to the parents and the girl child to a greater extent.

The New Economic Policy, 1991 was introduced in India when PV Narasimha Rao was the Prime Minister and Dr. Manmohan Singh was the Finance Minister. It brought into effect the concepts of liberalization, privatization and globalization (LPG). This year 2021 marks 30 years of globalization. Globalization has improved the lives of everyone in various ways. It has led to better employment and educational opportunities, better trade relations, growth in finance, development in the fields of transport, communication and information technology and so on. Globalization has increased the number of working women. This can serve as a tool to attain the goal of gender equality. At the same time, with rise in number of working women, the evil of sexual harassment at workplaces is also persisting. This paper seeks to conduct a critical analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in light of 30 years of globalization. Firstly, it attempts to dig into the historical background and objective behind the implementation of the aforesaid statute. Secondly, it explores the impact of globalization on women. Thirdly, it discusses the brutal consequences of sexual harassment of women at workplaces. This brings to light the seriousness or gravity of the situation and the necessity for improvisation in the law on sexual harassment. Fourthly, it outlines the salient features of the Prevention of Sexual Harassment Act, 2013 and conducts a critical analysis of the same. Lastly, the paper concludes with recommendations on how the loopholes in the aforementioned legislation can be addressed and rectified.

Anti-conversion laws are not new to India. In the colonial period, they were enacted by the princely states to preserve Hindu identity, and in the post-independence era to avert the influence of the Christian missionaries. Though the laws received severe criticism, their constitutionality was upheld by the Supreme Court. The current controversial ‘love jihad’ law i.e. The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 prevents religious conversions not only through coercive or any fraudulent means but also by marriage, intervening in the personal lives of the individuals. Many states have passed similar laws that are against the international human rights standards as well as the Indian constitution, violating Articles 14, 21, and 25. The statute promotes gender stereotypes against women and also hits upon the rights of an accused by having a reverse burden clause without any valid justification. The freedom of religion has been curtailed taking advantage of the divide created between propagation and proselytism along with the liberty of the people.. Hence, the secular structure of the Indian democracy has been compromised to a great extent thereby pushing citizens at the mercy of the executive to exercise their human rights. The paper hereby shall discuss the history of the Anti-conversion laws, analyse the concept of propagation of religion and view the U.P Act based on the essential facets of the International standards as well as the scope of the Indian constitution.

According to Mr. Albert Einstein, our situation on this planet is strange. Each of us plays a brief visit, oblivious to the reason but occasionally appearing to serve a divine purpose. From a daily life perspective, however, one thing is sure: We are here for the sake of other men — most especially for those whose smiles and well-being depend on our happiness, for the countless unknown souls whose fate we share through a sympathy bond. I am constantly reminded how much my outer and inner lives are built on the labours of people, living and dead, and how earnestly I must exert myself to give back what I have received and continue to receive. The true way to increase my wisdom is to share it. We grow in wisdom when we share our experiences with others. According to Zig Ziglar, a well-known speaker, you can obtain anything you desire in life by assisting enough other people in obtaining their desires.

Transfer of Property Act 1882, plays a vital role in the branch of ‘Law of Property'. It is important that not only for the people who study law courses or doing research should study the law relating to property, but also all the citizens of India should have a basic knowledge about this law since almost maximum percentage of people in India owns their own property or rents on the property of others. Lease plays an important role in this branch of law. Chapter V from Section 105-117 of the Transfer of Property Act, 1882 talks about the lease. Thus, in this paper, I’ll try to give a detailed and a simple understanding of the Lease and its various kinds.

What are Civil laws? It is nothing but an extension of the statutory, local, domestic, mu-nicipal laws in a civil society. This idea of civics, though is fairly new in the evolutionary history of any law. I would say it is, the modern fabric of society, as defined within the confines of a civilized society in a nation-state.Therefore it is an extension of a state by creating such rules in a codified manner to allow the continued existence of a society. The most basic laws are fundamental rights that emanate from the existence of a human-being, which is far superior to the national laws of a state of the domestic, civil laws within a state, such as statutory laws. However, if we make a distinction between public and private laws, we still find that civil laws can be a part of both because it revolves around the welfare of the same individual. The best example would be contract laws, property laws, and so on. There must be a dis-tinction between public and private laws. The public is a fictional concept created by the act of contractual agreement between the believers of an idea of a nation-state by way of agreeing amongst themselves to adopt and enact the constitution which shall drive all the other laws in the event of a dispute and judicial interpretation and ultimate arbitration by the courts of the land. In such a contextual reference whether the private laws(civil laws affecting personal rights of individuals) must be amended which is most akin to human rights irrespective of the national boundary, one is born into is the major question? Whether the precedential laws of the statutes or the customs overpower these inherent rights one is born with, I can say it can never. The civil laws though private are evolution-ary refinery and yet not fully public as to apply to everyone, uniformly to the last details. It is this distinction that can be maintained even when private civil rights are brought un-der the ambit of the broader public laws made into domestic state laws and its evolved personal laws are applied. In the event, if the private civil rights and the statutory pubic rights are against the very fundamental rights the public laws can be invoked simply by the rights of accession given by an individual when they have adopted unto themselves by way of implied contract, the constitution of India in the great nation-state called India the Bharat. Having created this background, we can further look into the application of a uniform civ-il code and why is it pending in India?

At present time science is extending at a consistently expanding rate and criminological science fortuitous proof offers in this interaction. Therefore increasingly more logical proof is being given, is getting increasingly specialized and is all around very frequently less and less understandable to the non-researcher. Criminological science is an individual subject yet it is an umbrella term that comprises of different controls of science and contacts pretty much every limit of clinical subjects. It is an activity of sound judgment combined with the experience and information previously procured from different parts of medication, obstetrics, and medical procedure. The development of the legal science field in the course of the last a quarter century has made sensational logical forward leaps. Because of restricted assets legal strategies are not used in most criminal examinations. There have been more focused on investigations of DNA testing and its expenses and impacts upon the arrangement of cold cases and vandalism related misdemeanors, however no examinations inspecting the full cluster of actual proof and the preparing of cases however the criminal equity measure. Assessment of proof may help the specialist in deciding how a wrongdoing has been perpetrated.

Promissory notes, bills of exchange and cheques are being used as Negotiable Instruments for economic transaction since long time as a mode of of transferring money. With time the development of economic sector specifically the banking sector cheque become the most used negotiable instrument but there is always a possibility which comes with this, during the time of issuing the cheque the probability of insufficiency of amount in the account. To protect the interest of the payee and to provide him justice Section 138 to 142 where inserted in Negotiable Instrument Act and this research paper focuses on the development the objective , nature and the current it development regarding decriminalization of sections relating to dishonoring of cheque in the Negotiable Instrument Act.

Neo-Liberalism is capitalism without leftist illusions (i.e., illusions that there can be such a thing as humane capitalism on a long-term basis). The concept suggests its own definition: ‘Neoliberalism’ is a revival of ‘liberalism’. ‘Neo’means we are talking about a new king of liberalism. This definition suggests that liberalism, as a political ideology, has been absent from political discussions and policy making for a period of time, only to emerge in more recent times in a reincarnated form. It suggests, in other words, that liberalism has undergone a process of initial growth, intermediary decline and finally a recent rejuvenation. For present purposes, a useful baseline definition is that neoliberalism is a political project that is justified on philosophical grounds and seeks to extend competitive market forces, consolidate a market friendly constitution and promote individual freedom

This paper revolves around the topic of patent laws with reference to healthcare in India. The paper starts with a precise introduction to the topic followed by a detailed explanation of patent regime and the current Indian scenario with reference to the same. It further explains the criteria of valid patenting and then dives into the explanation of the various kinds of pharmaceutical patents available in India . Following this we jump to the discussion of the stand of various international organs and treaties and declaration signed on this matter. The paper also outlines the Indian Constitution's Healthcare guarantees and how pharmaceutical patents are limiting civilian access to health care. The study concludes with a thorough evaluation of the overall policy in terms of health, as well as potential remedies to the difficulties encountered. This paper will help you comprehend the conflict between corporate interests and the interest of the general public when it comes to intellectual property protection for vital medications, pharmaceuticals, vaccines, and treatments, among other things

Unexpected events may obstruct the fulfilment of an agreement's duties, resulting in legally binding vulnerability. The theory of frustration anticipates the only possible consequence of a very unusual occurrence that occurs without permission from the contracting parties. In view of norms of fairness and equity, the theory compensates for a contract's deficiency in terms of supervening events. Given the enormous ramifications of a big contract's essential and restricted nature, it's vital to look at the courts' decision. In contrast to precedent-based law, Indian contract law explicitly recognises the concept of frustration. The aim of this research is to review the law on the theory of impossibility as it applies to India. The paper starts with an introduction to the topic and further goes on to explain the various instances in which this particular law can be invoked. Also the paper covers various facets regarding the topic, explaining in detail the various kinds of impossiblities. In the main body of the article, the difference between the doctrines of frustration and impossiblity is explained under the contract act. In the concluding sections of the article there is a critical analysis accompanied by a personal viewpoint conclusion that gives clarity to the topic at large. Through this paper, I attempt to elaborate the complex doctrines covered under section 56 of the act and provide a brief description that contrasts and compares the different tenets under an agreement. The paper sheds light on the different ways when it’s impossible to perform a pre-agreed contract due to certain impossiblities and describes the many sorts of impossibilities in depth.

The plight of millions of workers remained unaddressed when the governments tilted their heads to infuse growth into economy during the unprecedented crisis of COVID-19. This growth rendered injustice to many workers in both organised and unorganised sector. This article provides an analytical approach as to how labour laws were suspended during this crisis and how it effected the legal remedy available to the workers. The issues faced by migrant workers is also an articulated topic, but this article restricts itself to labourers and workers, not addressing the issues faced by migrant workers in detail. The labour welfare legislations were enacted with a view to secure socio-economic justice as envisaged under the Constitution of India. However, this crisis has wired the democracy and shaken up the spirit of the labourers and workers. The particulars of how bureaucrats snatched away the rights given to labourers at the cost of fulfilling the socialist objective, has left answers unattended that whether the sacrifice of one of the most important element of basic structure doctrine was worthy of such sacrifice. Millions were rendered homeless and jobless. The inhumane conditions in which these workers were living, deteriorated after the crisis Instead of securing the plight of these workers, the states focused on declining GDP and economic growth. The activities were carried under legal right of “ordinance” which is used at the satisfaction of the governor in case of emergency. The outcome was legal to and extend, but was it just, is the question which took away haze of many activists.

Merger and acquisition (“M&A”) activity in India is booming. A hostile takeover is an acquisition directly to the business owners and manufacturers to replace management and get the transaction accepted of one business by a new company. India has experienced only a handful of hostile takeover attempts. Hostile takeovers have been rare and will likely continue to be rare in the immediate future, but not for the reasons typically proffered. On the regulatory side, the Indian Takeover Code does not erect any insurmountable obstacles to hostile acquisitions, and recent liberalizations by the Government of India make foreign acquisitions of Indian companies in most industrial sectors possible without material government approvals. Hostile takeovers of Indian companies are now a real possibility. And these Indian companies, unlike their counterparts in the United States, are particularly susceptible to hostile acquisitions, as Indian law prevents them from utilizing takeover defenses such as the poison pill and staggered board. Despite the lack of a prohibiting framework for a hostile takeover, India seems to persist in its shyness from engaging in these corporate blood-battles. One of the reasons for such hesitance may be located in how our corporate houses have traditionally been structured. This article focuses on the lacunas today in the hyperspectral world of digital investment and M & A deals, inspecting the Indian regulations and suggesting how it can made more iron clad and companies given more ammo vis-à-vis defense tactics by taking example from different countries. The article bridges the gap between years old research articles and India positioning itself as a prime marketplace for investment according to the latest trends.

In this Research Article, the researcher shall put forward her stand on the interlinkage between the holistic ideals of Spirituality which should be incorporated to understand the true meaning of delivering justice by the Judges under the Criminal Justice System in India. The researcher shall focus on the role and importance of dharma in a society and how can it influence the working of the Judges during the adjudication. Moreover, the key challenges of the adversarial system of trial in India has been mentioned which limits the role of Judges in seeking the truth while balancing the rights of accused and victims during pre and post-trial stages. Moreover, special mention has been put forward on the inquisitorial elements under the Indian Criminal Justice System which takes inspiration from the concept of dharma and karma in the Ancient scriptures and makes the justice delivery system more spiritual and holistic.

India since the beginning has been a democratic state with well defined doctrine of separation of powers between the three bodies namely the legislature, the executive and the judiciary, and to keep a check on them the doctrine of rule of law also applies to the three bodies”. There has been very rare instances in the history, where a tussle has taken place between the authorities, and enactment of the “127th amendment bill” is one such instance. The paper enunciates the pre-requisite knowledge regarding the previous amendments along with the case analysis in depth where the conflict of interest arose. Subsequently, the paper has listed the analysis of the “127th amendement bill” and its impact on public employment along with the shortcomings as well.

India since the beginning has been a democratic state with well defined doctrine of separation of powers between the three bodies namely the legislature, the executive and the judiciary, and to keep a check on them the doctrine of rule of law also applies to the three bodies”. There has been very rare instances in the history, where a tussle has taken place between the authorities, and enactment of the “127th amendment bill” is one such instance. The paper enunciates the pre-requisite knowledge regarding the previous amendments along with the case analysis in depth where the conflict of interest arose. Subsequently, the paper has listed the analysis of the “127th amendement bill” and its impact on public employment along with the shortcomings as well.

Democracy, in the simplest of terms refers to the Rule of the People. However, this fails to provide adequate understanding to the reader, considering the lack of conceptual clarity which creates uncertainty. This paper aims at exploring the dimensions of democracy as we know it, as well as how relevant the concept is in today’s day and age, as against the ideas of philosophers such as Aristotle, whose objection to the idea of a democratic state was based upon the premise that it happens to subvert and erode the Rule of Law. People, once considered as being sovereign equals in a democratic setup are the ultimate source of sovereignty in a state. Democracy, being the simplest idea, also poses structural confusions. A set of instruments which aim to involve the population into the positions of power, whether directly or indirectly, may be termed as democracy.

Child Marriages have serious detrimental effects on the health, education, development and personality of young girls which in turn results in violation of their human rights This paper identifies human rights provisions expressed in the Convention on the Elimination of All Forms of Discrimination against Women, 1979 ( UN Women’s Convention) and examines India’s compliance with the Convention’s provisions to tackle child marriages in the country. The paper contests the universal vision of human rights and argues for a more realistic appraisal of the ‘cultural’ limitations of international human rights law so as to effectively tackle a complex problem like child marriages in India . The article contends that a failure to accommodate cultural considerations would considerably hurt the application of human rights law to tackle child marriages in India at the field or grassroots level. Searching for practical and feasible remedies to combat and eliminate child marriages in the country, this paper proposes a strategy that occupies the middle ground between two dichotomous poles of ‘universal human rights’ and ‘ cultural distinctiveness’

India consists of people with diverse beliefs, customs, religion, caste etc. Everyone in India has rights and liberty to live and grow, prosper notwithstanding from the identity they belong to. However, over the period differences in the different groups are becoming apparent. This leads to hatred because of developed prejudices and results into hate crimes. This paper present the analysis of constitutional and other statutory provisions envisioned to form a socio-cultural environment based on the principle of unity in diversity. In addition, in order to see whether these norms governed our socio-cultural environment or not; this paper analyse the current conditions of hate crimes in India to identify the gap and to suggest corrective measures

Corporate frauds have posed a serious threat not only to India but to the entire world today. During the past three decades or so, many giant companies have collapsed like nine pin due to corporate frauds and corporate corruption all over the world. India is no exception to it. It leads to increase in unemployment, reduction in the government revenue and economic instability in the national economy etc. Prevention of corporate frauds and corruption is sine qua non to protect investors interests. Corporate frauds may take place in various ways like misinformation, manipulation of financial records, concealment of debt, employment of fake employees, fake financial records, and disclosure of price sensitive information etc. Investors are the heart and the very soul of the security market. Investor’s protection influences the real economy through its effect on the financial market. Investors invest their heard earned money in the corporate securities. If their confidence is shaken due to corporate frauds, that will have an adverse impact upon the economy of the country. In India, SEBI is playing an important role to protect investors interests. Several other regulatory bodies are there to prevent corporate frauds. Various laws and regulations are playing an important role to protect investors interests. However, the paper will discuss the meaning, extent and importance of investor’s protection in India. It will analyze the consequences of corporate frauds upon investors’ confidence. The researcher will also examine the mechanisms to protect the investors’ confidence and prevent corporate frauds.

Feasance is a developing area of the law of torts. Torts is an area of law that deals with private wrongs. In essence, breaches of duties or obligations by a person or legal party that causes injury to another. It also has the distinction as being the only element of tort law applicable to the actions of public officials versus all other torts which are private wrongs causing injury. In Civil law systems such as Quebec along with much of Europe and South America this area or tortious wrongs is covered in an area of law known as delict, which similarly focuses on the obligations of people (or legal entities) to others and the possible remedy when obligations are breached, and significant damages result. In this study I will explore the origins and early development of feasance in both civil law and common law and will also examine how the law distinguishes between the three types of tortious feasance: malfeasance, mis-feasance and nonfeasance. Finally, using the claims of the Nova Scotians for Equalization Fairness (NSEF) that Halifax has been unduly hording constitutionally directed federal equalization transfers to the Province of Nova Scotia from the outer laying regions of the province, a spotlight will be shown on Cape Breton Island’s (CBI) demise and fiscal neglect to gauge whether NSEF might potentially have a substantiated claim of tortious action via litigation for damages incurred due to one or more of the feasance heads.

The paper seeks to assess the basic policy challenges that needs to be tackled in India with regard to intersex people and point out how the existing legal framework, which is The Transgender persons (protection of rights) Act, 2019 problematizes as well as invisibilizes intersex community by positioning them under the ambit of a "Trans person". Despite sharing some common concerns, the issues both the communities face are distinct. This policy gap should be addressed. I discuss the landmark Tamil Nadu High Court judgement which has banned sex-reassignment surgeries in the state and explore how the key stakeholders such as medical force as well as parents make decisions about the gender assignment of an intersex kid and situate those decisions within the broader socio-cultural context of India. I argue that there is an imminent need to acknowledge intersex persons legally as well as create overall awareness in the society about the gender spectrum. The paper strongly argues against gender reassignment surgery which is done without the consent of intersex people, and emphasise the necessity for evolving treatment protocols. This practice is particularly problematic as it essentially re-negotiates and re-draws our fundamental right of privacy. At this particular juncture, where the LGBTQI+ movement is gaining a lot of traction and various different countries like Malta, Australia, Sweden and others have been framing laws to accommodate intersex persons, it is high time that the Indian state intervene and make the world a more humane place for intersex people. In the end, I propose some suggestions for making effective policy change for meaningful legal recognition of intersex persons.

Numerous factors are instrumental in strengthening the public international law and also in determining the effectiveness of the same. The conflict in laws arising due to varied cultures and backgrounds is bound to arise and weaken the enforceability of public international law. The paper shall deal with the impact of the actions and plans of the international bodies on the enforceability of public international law. The development of a global community is reflected in the evolution of public international law. In 1930, the first Conference for codification of public international law was held at Hague Convention. The above stated sources are the only codification that expressly state what rules shall be applicable for resolving disputes of public international law. The adherence to the treaty by the contracting parties reflects the strength and effectiveness of the treaty/convention (public international law). There are no legit sources to determine bare text or codification of public international law. It would be contrary to public international law for a sovereign nation to execute penal sentence handed down by the tribunals of another sovereign nation. Public international law is still weak and at an evolving stage which requires to be cemented at various areas to strengthen its authority and enforceability. The requirement of public international law is echoed at this stage. The legal principles that shall govern public international law are neither strictly documented nor codified in any manner. Public international law is a vast area and requires alterations for it to be more authoritative in the international community. This has lead to a vague customary public international law. This leads to the issue of no distinct and clear law governing matters of public international law. There are no effectively powerful courts to interpret International Law and enforce the same.

The era is a garland of moments, the circumstances were different in each era, but the bitter truth is that women in each era were not given equal opportunity to represent herself. It has been 72 years after independence, still Indian judiciary depicts that representation of women in judiciary is too low as compared to men. India is second most populated country in respect of women and it is around 48.5. However, the percentage of women judges, is only 7% in higher judiciary and overall its is 29%. Equality is not only needed in granting voting rights but also in this sphere. The article talks that why there is inadequate representation of women, with an emphasis on the strict appointment process and the gender bias atmosphere in the courtrooms. Some remedies are given which could be brought in effect to prevent the same.

The Constitution is the basic and the fundamental law of the land which sets out as to how the state is to be governed. On the other hand, Constitutionalism puts restraints and limitations on the government. The Constitution of India was formulated by the Constituent Assembly. It was passed by the assembly on 26th November 1949 and legally enforced on 26th November 1950. The Constitution was drafted by the Drafting Committee which was headed by Dr. B R Ambedkar. The Constitution provides the basic framework and rules as to how the country is to be governed. It gives all the details related to what is legal and what is illegal in the country. This article brings light to the concept of Constitution and Constitutionalism and its importance. It also briefly discusses the evolution of the Indian Constitution which was drafted by the Drafting Committee of the Constituent Assembly.

The study is an effort to examine the concept of judicial activism and to structure the stages of its evolution across the judicial systems of various countries. The work puts into perspective, the concept being practised in India through the provisions of the constitution and its origination through prominent judgements. A detailed study on the tool developed for active judicial activism in India i.e. Public Interest Litigation has also been done. The political/legislative implications of judicial activism are also dealt with. This is weighed against the benefits rendered to the common citizenry by such practice and the extent to which it has been successful in achieving the purpose. The situation is highlighted when the noble practice of judicial activism transcends into judicial overreach. The future prospects of it are forecasted and some suggestions are provided to streamline and make the theory more effective & robust. This work is a result of scrupulous research done through a wide range of secondary sources such as books by various authors, research papers, journals, online sources, etc. apart from the observation of the functioning of the judicial system. The project tries to maintain objectivity throughout and also not to digress from the relevant substance at any time.

Armed conflict has wreaked havoc on the lives of millions of civilians in recent decades. In many armed conflicts, serious violations of international humanitarian and human rights law are prevalent. Some of these breaches may even be considered genocide, war crimes, or crimes against humanity in extreme circumstances. Armed Conflict is one of the developing issues, as the repercussions of war extend well beyond battlefield dead. Armed conflict frequently results in forced migration, long-term refugee issues, and infrastructure devastation. Not only this, the institutions in the social, political, and economic realms can be permanently harmed. Human rights law, refugee law, and humanitarian law are three aspects of modern international law that aim to offer protection to war victims. Even though international humanitarian law intends to lessen the effects of war, it does not provide a comprehensive definition of what makes up an armed conflict. Its field of material application, however, the conventions in question relate to a wide range of armed conflicts and thus provide a glimpse into their legal boundaries. These devices don't provide clear criteria for this difficult concept In recent years, there has been greater attention drawn regarding humanitarian and human rights legislation, humanitarian intervention, the maintenance of peace and collective security, as well as protecting cultural property, such as humanitarian law applies, limiting the activities of warring parties and ensuring the protection and decent treatment of those who are not taking part or cannot take part in the hostilities. Humanitarian law, like international human rights law, defends people's lives and dignity by forbidding torture and cruel treatment, providing rights for those facing criminal charges, prohibiting discrimination, and establishing measures for protecting women and children. Humanitarian law governs the conduct of hostilities, the status of combatants and prisoners of war and many more. Therefore, this research paper aims to understand the Developing the Laws of Armed Conflict in International law and the growth of law after seventy years of Geneva Conventions.

The application of science and scientific technicalities to law for to find a solution to the problems and crimes are termed as Forensic science. Normally these techniques are regularly used by Scientific experts, examiners, crime investigators etc….for crime investigation, and examination of suspected documents, digital files, finger prints, blood stains and other evidences. On the basis of such examination, that expert makes scientific reports which have a greater importance under Indian judicial system. Sec 45 of Indian Evidence Act appreciated and accepts. All forensic methods for individualization—fingerprints, dental impressions, striations on bullets, hair and fiber comparisons, voice spectrograms, neutron-activation analysis, blood-grouping and serum-protein and enzyme typing, as well as DNA profiling—demand an ability to match samples with reasonable accuracy with respect to characteristics that can help to differentiate one source from another. If such evidence is to be useful in court, scientifically acceptable procedures must permit the reliable measurement and comparison of physical features. Likewise, a scientific basis must exist for concluding that properly performed comparisons can distinguish possible sources.

Not only India but also the whole is suffering severely due to the ongoing COVID-19 Pandemic. The law in a country needs to be strong when it comes to the dealing with a virus which cannot be seen through a naked eye. For the said reason, lockdown was imposed, people were asked to wear masks, wash their hands regularly etc. The laws made by the government implemented all the said rules. So it comes to the law of the country to protect in and out of court proceedings in the country. One such out of court proceedings is Arbitration which stands greatly influenced by the pandemic. Some of the changes that were brought in due to the pandemic are online proceedings, delay in such proceedings due to health reasons or connectivity issue etc. This article prima facie lists all such issues which are coming forward in the arbitration arena during the time of Pandemic. It further focuses on the possible ways to deal with the challenges that are arising in the field of Arbitration. The way forward is a crucial aspect that needs attention, the possibility of online proceedings happening in the future has increased manifolds. The pandemic has shown humanity a way by which every activity which at one time required the presence the parties now can be done online or even without such presence been mandatory. This brings us to the last aspect of the article; this part will cover the negative as well as positive aspects of pandemic that can be witnessed in Arbitral Proceedings.

The failure of an individual to revamp his own behavior and conduct with regard to the demand of the society in which he resides leads to a Delinquent behavior. It is an internationally accepted principle that any individual below the age of 18 shall be deemed a "child". But, The Juvenile Justice (Care and Protection of Children) Act, 2015 proposes to reduce the age limit of criminal responsibility from 18 to 16 years, which came as a roar to the child rights activists across the country as it directly or indirectly affects the rights and status of children. The responses to situations by state or non state actors require a more careful consideration. Violations of the law by young people are the reflections of immature or maladjusted personalities. The rejection, tension, anxiety, lack of affection, frustration, poor living conditions, inhuman treatment, broken homes, dissatisfaction are some of the reasons of delinquency. It is believed that an early step intervention provides as the best approach to prevent delinquency by Juveniles. Prevention not only requires individual but also group and organizational approaches aimed at keeping adolescents away from violating the laws. Children being the asset of the country should be looked after and groomed well not merely on the basis of statutory or constitutional provisions but also with great humane touch and concern. This paper critically examines the present day juvenile jurisprudence, causes of juvenile delinquency and finally delivers suggestions for prevention.

This short article examines how to do analogical reasoning to analogize and distinguish legal cases. It is presumed that readers have already received instruction on relevant basic concepts, including the common law system, the structure of the U.S. courts, mandatory/persuasive authority, and legal reasoning generally.

Amid public health and economic chaos, a major problem which is presently looming in the shadow of the Covid-19 pandemic is the growing incidences of violence against women (VAW). This paper attempts to provide an understanding of rising online violence which Indian women are facing during the global Covid 19 pandemic era. The dangers of cybercrime have existed for many years during the age of internet ever since computers became commonplace and accessible to the public, but during the Corona pandemic, the rise in gender-based violence online has become alarmingly more rampant and serious. The percentage of the women population connected to the Internet and the amount of time spent online during pandemic, has provided even more opportunities and impetus for cybercriminals to harm women with very little effort and resources. With the increasing risk of harassment, the cyber space is becoming more toxic for women. In an increasingly digital online world, cyber crimes not only belittle, demean, intimidate women rather it drives women out of cyberspace which is against the worldwide mission of women empowerment. After such untoward incidents, many women either delete their social media accounts or reduce the activities of posting and expressing their personal views because of fear of further harassment. This results in driving women away from all the opportunities of better world and a better life that the internet promises to offer. It is indeed a human rights issue and needs to be addressed as such so that we can make progress towards the egalitarian agenda of Sustainable Development Goals 2030. The paper concludes that combating cyber victimization of women requires commitment with multiple stakeholders coupled with technical augmentation and capacity building of law enforcement agencies. Furthermore, the initiative to enhance digital safety awareness is prioritized so that women report such incidents without any fear, get speedy and effective redressal for such complains and exercise their right to be safe and secure in virtual world.

Whenever, a crime or offence is committed in any civilized society, it is usually reported to police authorities, as police authority is first representative of law. Thereafter, the police officials note down the information in daily diary and reaches to the scene of crime, for carrying out necessary preliminary investigation regarding the offence, offender / suspect, victim, complainant, witnesses etc. After doing this preliminary investigation, if police official finds offender or some person suspected to have committed the offence, the police official takes the offender and or suspect in custody, for further investigation. This is the first stage when the necessity of bail arises for taking out the person from police / judicial custody. The investigation of the case and filing of charge sheet in the competent court of law takes time. Therefore, the question arises before the court in every criminal case, whether an accused should be bailed out or sent to judicial custody, till the filing of the charge sheet. The object of this paper is to give an overview of the provisions of Cr. P.C. relating to bail, including stages of a criminal case, where bail can be granted, regulatory bodies which can grant bail.

Arbitration is believed to be one of the ancient mechanisms of alternative dispute resolution. In Collins v. Collins, Romilly M.R. defined arbitration as a “reference to the decision of one or more persons, either with or without an umpire, of some matter or matters in difference between the parties.” Arbitration as an alternative dispute resolution mechanism is considered to be neutral, confidential, cost-effective, and when compared to litigation, capable of enabling settlement between the parties. Historically, arbitrators were guided by the principle of internal ethos. A fundamental issue with regards to the arbitral process in International Commercial Arbitration is preserving the independence and impartiality of the arbitrators. Independence and impartiality are different terms but more often, they are used interchangeably. An impartial arbitrator is not biased in favor of a party or prejudiced against a party or its case whereas an independent arbitrator does not have any financial, professional, or personal relationship with a party or its counsel. Code of conduct and ethics of arbitrators have become an important topic for public debate today. There is a range of sources that set out the ethical obligations of arbitrators. Most of the national arbitration laws provide for the ethical obligations of arbitrators. In national courts, where a challenge to awards and arbitrators are brought, the courts via several decisions have guided with regards to various standards and how they apply in practice. Various specialized codes and rules are also in force to guide and govern the conduct of arbitrators. Moreover, the guidelines enacted by the International Bar Association (IBA) are considered to be well reflective of international practice. The existence of so many sources of arbitrator’s obligations has, consequently, resulted in alteration of application of, say, an obligation of impartiality with the change in stage and context. Apart from the abovementioned obligations, arbitrators are obliged to conduct the arbitration in accordance with the arbitration agreement, they should be competent and diligent, and they are obliged to maintain confidentiality. Even though all arbitral institutions have not developed ethical codes for arbitrators, they all rely on certain rules that impose ethical obligations on arbitrators.

The weaponization of outer space, as distinguished from its militarization, has gained keen attention over the years, owing to the advancement of technology and the suspicious space activities undertaken by various nations. The launch of potentially destructive space assets by one nation spurs immediate reactions from other nations in the form of the launch of defensive space assets, emerging into the vicious cycle of space weaponization. Powerful nations of the world have long been portraying a contradictory stand by emphasizing the need for better space regulation on one hand, and continuously launching queer space assets on the other. This is supplemented by numerous issues including but not limited to that of space debris, space mining, and State accountability for restoring the status quo in outer space pursuant to any asset destruction activity. Although the existing international law governing space matters addresses various issues and acts as a guiding factor for international tranquillity, it is not sufficient to ward off the perpetually intensifying space race between nations eventually culminating in space weaponization. The present article furnishes an in-depth research over the issue of outer space weaponization. Chapter I puts forth an introduction to the matter in hand, Chapter II discusses the contemporary challenges inviting urgent attention from the States, Chapter III reviews the existing international legal scenario for regulation of the outer space, Chapter IV renders a critical analysis of the said legal scenario, and Chapter V concludes the research while extending feasible recommendations to the instant problem, promoting robust international co-operation.

Bigamy as defined in the Webster’s dictionary is a practice through which one person enters into a marriage while still being legally married to another person. This practice had been followed for several years in different religions. It existed from the time when kings used to marry in order to spread their rule throughout the country. India has been very diverse in terms of culture and tradition, also has borne the impact of several kinds of reigns by different rulers. This paper stresses upon the historical influence of bigamy on India and how the times were different pre-independence. A country like India, which is home to different caste, religion, culture and traditions of people found the need to regulate such practices. Personal Laws administer people from different religions. Islam advocates for polygamy and a man under Islam is allowed to have four wives. The primary law for bigamy is provided under Section 494 of the Indian Penal Code,1860 that makes bigamy a criminal offence. The main aim of this research is to study the case of Sarla Mudgal v. Union of India in the light of Article 15,16 and 20 of the Indian Constitution. In this case, the court addressed the conflict between personal laws and freedom of religion. This was a writ petition that was filed by four petitioners namely Sarla Mudgal, Meena Mathur, Sunita Narula and Geeta Rani. The petitioners contended that the respondents, in order escape the action under section 494 in the IPC converted themselves to Islam so that such punishments do not apply to them. The judgement was given by the division bench of the Supreme Court that made conversion for this purpose invalid and the second marriage would be a violation of the Hindu Marriage Act,1955 and this marriage would void according to section 494 of IPC. This judgment also laid emphasis on the need to have a Uniform Civil Code in such matters to prevent arbitrariness in the society. The court also gave direction to the government to enforce Article 44 under the Directive Principles of State Policy to highlight the essence of the Supreme Court as the guardian of the constitution.

The commitment of the Welfare state enables to look up at the topic of maternity rights at work as a pious obligation of the State. The issue of feminization of Labour effectively places the issue within the groove of globalisation perspective. The efforts of International labour organization since its inception in 1919, followed by the human rights perspective brought in by Universal Declaration of Human rights, the recent ideals of ILO the Decent Country Work Programme in the wake of globalisation trends and the 2030 Sustainable Development Goals with its avowed objective of No one shall be left behind motto, highlights the issues of women work force and their unique vulnerabilities. Indian labour scenario stands apart as a reflection of this thought with its versatile composition of workforce i.e. 93% of the unorganized workforce as against the miniscule 7% of the organised work force. As a corollary to the globalised work age, in India unskilled women workers receive no health insurance coverage during pregnancy, childbirth or post-natal period. Collective bargaining remains an illusion. Despite progress in maternity benefits and a trend supporting paternity leave, the ILO report finds most women around the world are still not protected at work. The paper focuses on three major areas of concern, firstly the major premise of unorganized work space, secondly, the prominent issue of female participation and thirdly, the maternity rights at work in the unorganised sector in the backdrop of national and international mandates in place highlighting the need of the hour in the wider canopy of future of work and skill upgradation in emerging India.

The purpose of this study was to investigate if there was a significant difference between the number of songs on the mobile phones of music majors versus non-music majors. The sample contained N = 30 students (n = 2 groups) recruited from the University of Kansas. Participants were asked about their majors and how many songs were on their mobile phones. The data was analyzed through a t-test. For collecting the data, I asked participants these three questions: (a) What is your major? (b) Are you an undergraduate or graduate student? (c) How many total songs are on your mobile phone, including all music-listening applications you used? Based on t-test results, there was no statistically significant difference (t(28) = 1.72, p = .097) between the number of songs on the mobile phones of music majors versus non-music majors.

The paper deals with the status quo and the evolution of representation and reservation for women. This project work traces the evolution and development of participation of women in the political scenario-with a particular focus on reservation for women in elected bodies in the rural and urban local bodies; it also emphasizes the factors that led to these developments and the impacts and consequences of the same. The period taken into consideration is 1992(73rd amendment) to 2008(the Women’s amendment bill). Various existing grievances in the functionality of the bills mentioned above have also been discussed. Finally, the future of women of India and the scope of representation in various law-making bodies has been delved into.

Serious violations of International Humanitarian laws and Human rights law are recurrent in armed conflicts. Armed conflict affects severely the life of the civilians to such an extent that they are unable to normalize their lives ever again. Armed conflicts and uprootedness emerge in their varied forms, spread its tentacles at a great spree and disrupt the life of the masses. Armed violence affects all the sections of the society and doesn’t discriminate on the basis of race, class, caste, sex or place of residence but there is one group of the community that remains ostracized in this context and that is Women. Women witness such deplorable situations that includes random acts of violence be it sexual or physical and entails mental sufferings as well. Acts of sexual assault or mass rapes seems to be a deliberate strategy by both the enemy and “friendly forces” to devastate the lives of these women including young girls who surely dreams of flying to the highest pedestals of her life. Various atrocities are being faced by the civilian population of the areas where armed conflicts get triggered. There have been many countries who have seen massive destructions in the recent past like Yemen, Israel, Syria, Iraq, Ukraine, South Sudan, Afghanistan, Palestine etc. Peace is indispensable element of our lives that is linked to the equal status between men and women. Armed Conflicts, wars of aggression, terrorism and alien domination are few instances which act as stumbling blocks for the advancement of women in their lives. With the advent of industrialization, commercialization, enhanced means of communication, technology and transportation, the malpractices against women have increased manifold. Gender based violence leads to multifarious levels of vulnerability. Resultantly, Human rights is seen as a ray of hope in such deplorable situations as human rights emphasizes that all individuals are a matter of global concern. Human Rights showcases myriad rights and freedoms which are quintessential to have a holistically developed life.

A new generation is a technology driven generation. From the morning till the time to bed everybody is dependent on various kinds of applications for their day-to-day work. We are bound to provide our personal and sensitive information willingly or unwillingly to the internet intermediaries for getting our things done. Online intermediaries are the entities that facilitates the transaction executed through internet. A huge amount of data that flows through such internet intermediaries on a daily basis generates numerous privacy concern. In India though right to privacy is not explicitly guaranteed under Indian Constitution but through various judicial pronouncement it has been established that it is an intrinsic part of right to life and personal liberty under Art.21 of the Constitution. In order to comply with the mandate of the apex court for securing the right to privacy of an individual, the government has taken many legislative measures from time to time. However, the government actions taken in this regard are not adequate. Firstly, these legislative measures are not satisfactory to protect the personal data collected by intermediaries and secondly, they are inefficient to protect the individual from infringement of his right to privacy. Moreover, the laws regulating internet intermediaries and protecting individuals’ privacy rights are scattered. The IT Act 2000 imposes liability on the intermediaries to protect the personal data of the individual which they collect and handle. The IT Rule 2011 and the recent IT Rule 2021 are the further steps taken by the government for regulating the internet intermediaries like Facebook, Twitter, WhatsApp, and other OTT (Over the Top) platforms which are providing services in India. The advancement in the technology and our huge dependence on internet requires that there should be stringent privacy law. The Personal Data Protection Bill is in the stage of finalization, but it is also facing controversies all around. In the meanwhile, till the privacy law has not taken final shape, there should be a harmony between the law governing the intermediaries and the protection of right to privacy of an individual.

There have been instances of the Doctrine of Res judicata being invoked by the parties to claim that the suit when filed must be rejected. Such a claim and its acceptance as a ground of rejection of a plaint have been discussed in a recent case decided by the Supreme Court. In deciding the issue, the Supreme Court referred to several cases bearing on the issue. It is of interest to study the principles laid down in several cases to understand the claim made by the parties and its acceptability.

The ongoing debate that began with the form to equality has taken sharp turns in developments and become a political standpoint. The constitution of India, principally mandates or guides us to unify all personal laws and ensure the governance of personal laws through a common ground, for all its citizens irrespective of the community they wish to be in or belong to. It has been over seventy years that we the people of India gave ourselves the Indian constitution, that deemed a sovereign democratic and republic state that embarked on its citizens liberty, equality, justice and fraternity. But have we moved to a true sense of secularism and are we ready to accept Uniform Civil Code through the political turmoil’s lies the real question.

It is a well-known fact that all decisions which are taken in a corporate democratic world are majorly based on the votes and choices of the majority. The rule laid down by the various provisions and landmark judgments, known as the Majority rule , tends to ignore and overpower the rights and decisions of the minority shareholders in a company. There is utmost power and significance given to the power of the majority in the working and functioning of a company and the rights of the Courts had been taken away by the Act of 2013 to intervene in the matters related to any shareholder rights or internal managerial issues. It is in such circumstances that the minority shareholders have to succumb to the decisions made by the majority of the people in the company on any related internal matter. Such matters in the management of a company can result into various issues, one of most significance being the emergence of an oppressive nature on part of the majority shareholders which may undermine the interests of the minority shareholders and in turn, also the best interests of the company if such oppressive decisions are taken in conditions notwithstanding the benefits of the company in the circumstance so put in. There are several provisions, as given under S. 397 to 409 , which have been brought in by the Companies Act, 2013 as well as the concept of Piggy Backing that provide safeguards to the minority shareholders against oppression and any unjust decision making by the majority as well as a safe haven for the rights of the minority. This paper tends to throw light on the existence and importance of Minority rights under the Companies Act, 2013 as well as the various issues that the minority shareholders face while exercising their rights.

Human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the Nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective. The scale and severity of the COVID-19 pandemic clearly rises to the level of a public health threat that could justify restrictions on certain rights, such as those that result from the imposition of quarantine or isolation limiting freedom of movement. At the same time, careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures that do not meet the criteria.

The paper here will try to adopt the Functionalist approach of Comparative Law in understanding the how Indian process of Recusal is insufficient in dealing with the issue of judicial impartibility and accountability. And how the legal framework followed by USA and UK can work as a guiding light to deal with the issue of Judicial Recusal in India. The way the recusal matter is resolved in India in the recent past, it is evident that the idea of transparency and accountability of the judiciary remains only in theory and not in practice. The “principle of nemo judex in causa sua” acknowledged by judges themselves in numerous cases have been overruled by judges in deciding the recusal matters. The Research basically will revolve around the following issues: -Whether there exists a structured legal framework to regulate Judicial Recusal for Higher Judiciary in India. Whether there is need to have a specific codified law to regulate Judicial Recusal in Higher Judiciary in India. Whether law related to judicial recusal practiced in USA and UK differ from what is being practiced in India. Whether the Legal framework of Judicial Recusal practiced in UK and USA can be applied to Indian legal system in the light of Indian Constitutional governance. Whether legislative enactment to regulate recusal for Higher Judiciary will amount to encroachment on independence of Judiciary in India. In the light of above issues, the Research will dwell into international trend of Judicial Recusal specifically focusing U.K. and U.S.A. and will provide the legal mechanism for legal reform for such process in India.

Obscenity is considered objectionable because of varied reasons, like ‘immorality’ and ‘patent offensiveness’ or ‘indecency’. Defining obscenity is quite difficult as what is obscene varies according to time and place. Also it depends on individual and community perception of what is deemed moral and indecent. However, the legal definition of obscenity centres on sexual immorality and directly comes in conflict with free speech. Feminist on the other hand questions to limit obscenity only to sexual immorality. They claim that obscenity relates to power and the dominance of male over female. And this dominance is represented through societal and cultural values. The paper will analyze how law addresses the question of obscenity concerning women and will explore the relationship between law, morality, power and dominance.

Every country and every person on the planet wants to flourish in terms of economy. There are a number of methods for this but a question which arises here is that can the intellectual property can become one of the ways to achieve it? If yes then how far the intellectual property rights facilitate the development of the economy is a big question and if no then why not does the Intellectual Property can contribute to it. Something which makes a person economically stronger one will obviously want protection for it, but what will happen if they are not protected. And in all this one important question arises what is the impact of the intellectual property rights on the economic development. The answer to all these questions can be obtained by going through the article.

In the yearly period of 2018-19, around 33 Crore students were enrolled in schools and 3.7 Crore students were enrolled in Higher educational Institutes in India. Of the 15.2 Lakh schools in India, 3.3 Lakh are Private Unaided schools. Further, of the 993 universities in India, 385 universities are private, excluding some institutes of national importance (MHRD, 2018-19) (Department Of Statistics, 2018-19).The primary conclusion that we discover from the data facts mentioned above is that private education in India has a significant share in the country’s educational sector. Further, a part of the workforce of the country, thus comes from private institutions. The education system in India enrols the second largest number of students in the world after china, being proportional to its population. Indian higher education institutions are, however, significantly smaller on average than colleges in China. In India, the growth in private education system has been driven by two trends, First is the shift toward private provision, over 10,000 degree-granting private institutions were established in the last decade. While private growth had exploded in the 11th FYP (Five Year Plan), it is very evident from the increase in the number of private institutions that this growth has been consistent with the 12th FYP as well.( (Daugherty, Miller, Dossani, & Clifford, 2013) While (Daugherty, Miller, Dossani, & Clifford, 2013) offers insights into how the private education system has established its name into the country’s education scenario (Béteille, 2005) explains how this growth has been chaotic, unplanned, characterized by inadequate facilities, outmoded teaching methods and lack of quality faculty. Reports from the National Assessment and Accreditation Council (NAAC) suggests that most institutes are of poor quality. This report is not valid just for private institutes, but for several public institutions as well. Going forward, we shall analyse what is wrong with the system, who loses, who wins and what can be done about this problem.

We live in a society where everyday we are required to abide by numerous norms, practices, and mores, which are nothing but the standardization of what is acceptable in the society and what is not. ‘Obscenity’ is anything that leaves an impression, influential enough to shake his entire emotional and psychological make-up. Obscenity, be it in published or physical form, is an offence punishable under the Indian Penal Code and also other legislations like the Information and Technology Act. Since ‘obscenity’ is a vague and subjective term, the question of if obscenity has been committed is decided by the Court on a case by case basis, as there can be no fixed standard for it since social norms and standards are unceasingly dynamic. Acts that were considered obscene a few decades ago would be considered an usual part of life now as the society becomes increasingly accepting towards prospective obscene acts, and these changes in the societal norms have been reflected in court verdicts over the years. This paper aims to present the position of obscenity in India today, through in-depth research of the appropriate provisions of the Indian Penal Code and other legislations, and various verdicts of Indian Courts at different points of time, amidst the rapidly changing cultural and social dynamics of the 21st century.

Artificial Intelligence is the process of human thinking which is enabled by a machine. Artificial Intelligence is the simulation of human intelligence in machines which is programmed or designed to think as like a human being. The term “Artificial Intelligence” was coined by an American computer scientist pioneer and inventor named John McCarthy in 1956. The cognitive scientist coined the term in his 1955 proposal for the 1956 Dartmouth Conference, the first artificial intelligence conference. The objective was to explore ways to make a machine that could reason like a human, was capable of abstract thought, problem-solving and self-improvement. The inkling of artificial intelligence is based on the human philosophy that whether an artificial intelligence can be more intelligent as the human. In present research paper we are focusing on advancing artificial intelligence and related technology systems will enhance human capacities and empower them and due to which the artificial intelligence may take over the jobs and whether they will widen economic divide in the entire world. The advancing artificial intelligence technology system may also lead to social upheaval.

It is now possible to obtain almost any bit of information from the internet. The internet has revolutionized the world, and tides keep turning in its favour. Personal information is increasingly stored online. Now the typical experience in the human brain is remembering-by-by-default, rather than by default. When it comes to social media, people care more about their information leaving an indelible digital trace because of the age of digital technology. When introduced into the EU, the "Right to Erasure" was hailed as a new data privacy day. According to the above, the creation of the GDPR, individuals in certain circumstances had "the right to be forgotten". The author argues in favour of enforcing such a right as it is legally correct, discussing possible legal issues associated with obstacles. This paper will provide analysis of such a right in the “European Union” with reference to the court decision of the EU. Also, the paper will address arguments for and discuss whether or not it is a fundamental right in India.

The piqued relationship between human rights and economic development has been persisting for a long time irrespective of various reforms and policies. The stifle between the two has garnered the attention of various policymakers and the activists to strike a balance without one aspect overpowering the other. The conflict once again got stimulated during Covid-19 where the entire world encountered an economy fiasco on the one hand and a blatant human rights violation on the other hand. The same was experienced by India where the government made several attempts to make mutual concessions between the two. The aim was to relieve the financially middle class and the lower class of the society but ended up aiding the well-off families to become wealthier. The reformative actions taken by the government has failed to emanate the basic rights to the marginalized sections of the society. It has been a tough time for India to tackle the economic crisis but depriving the masses of their basic rights is never justifiable. The government through various reforms has endeavored to ameliorate the standard of living of all the classes of the society but what needs to be done is to aid affordability and accessibility in the short term and long term. This paper aims at evaluating the evil factors of the economy which have led to the widened rich-poor gap even more during Covid-19 in India. This paper propounds an effective mechanism to curtail the inequalities and portrays various tools that shall prompt economic development without hindering human rights in India.

This paper aims at ascertaining nature of political question, its origin, two different aspects of the doctrine of political question and cases involving political questions taken up by the Superior Judiciary of Pakistan. The concept of doctrine of political question emanated from the Constitution of the United States of America and later on went under interpretation and elaboration by the Judgments of the Supreme Court of the U.S.A. There are two views about this doctrine one contends that the Court should not interfere with political questions and the other is of the opinion that Courts being guardian of the Human Rights have jurisdiction to review any kind of questions whether political or legal within the statutory mandate. Pakistan since its inception, in addition to the Government of India Act, 1935, framed three constitutions in 1956, 1962 and 1973 (now in force) and all these documents bestowed the Superior Judiciary of the Country with powers of judicial review. However, the Courts of the country expressed different views about curtailing jurisdiction of the courts regarding political questions during different times. To meet up this task, a combination of descriptive and analytical methodologies coupled with qualitative dominantly and quantitative minutely approaches shall be adopted. However, both primary and secondary sources of Data Collection shall be consulted.

In each country, each different political institution will have different legal regulations on the supervision of Parliamentarians in the settlement of their citizens' complaints and denunciations. In Vietnam, the supervision of Parliamentarians for the settlement of citizens' complaints and denunciations still faces many difficulties, inadequacies and limitations. Therefore, the authors have studied the Parliamentarians' supervision for citizens' complaints and denunciations in some countries around the world. Thereby, draw some lessons and experiences for Vietnamese Parliamentarians in supervising the settlement of citizens' complaints and denunciations in the future. In order to promote the competent authorities to obey the law and better serve organizations and individuals, upholding the spirit of rule of law. At the same time, contribute to improve the prestige and professionalism of the National Assembly, the Standing Committee of the National Assembly, and the Parliamentarians in the people's asprirations; strengthen the close relationship between the National Assembly, the Standing Committee of the National Assembly and voters, People.

In the modern era where we are inclined to provide fundamental rights to animals, we are not capable of securing the fundamental rights to the humans. India is a nation where every statutory body regulate with statutes, and police department is one of them. Police Department is one of the best statutory body ever established. With the presence of police, we feel safe, because it is the body responsible for maintaining and implementing laws, and protecting fundamental rights of the humans, but Police Department has dark sides as well. Police Department is in the top of the list for violating the fundamental rights of the humans, by the way of murdering the accused/alleged, without providing the opportunity of being heard fairly by the Hon’ble Courts, and this whole process is termed as Extra-Judicial Killing. But it is very deplorable to accept that Extra-Judicial Killing is very appraisable action among the public, and it gets massive support of public as well as government, which clearly shows the wariness of public upon the judicial system of our nation, which is reprehensible. In this article we will discuss in detail about the Extra-Judicial Killing.

Our present study exposes the impending need of human resource and its part in every other field without which we will be a failure. Human Resource is nothing but people who work in a firm or a company and the company therefore is responsible for to help the employees. As Human Resource is very much helpful in a nations progress, optimum utilization of human resources should be taken care of for the upliftment of a nation’s economy. Capital Investment and Economic Growth are inter-related. Capital Investment helps in educating people. The key role of Government is to increase the education and skills of its citizens. Higher Education helps in improving the Human Capital. People should be given good education. Human Resource is given to college and university students. Good Education system cultivates charismatic thinking, good communication skills and talents among the young minds of the citizens which enable well trained Human Resource Management. New Technology has been brought by Human Resource and development of a country. Recent Technological development has paved way for our communication with employees. Technology helps in calculation and make analytical data of employees. Human Resource is unavoidable element of tourism. Human Resource managers use a well-equipped personality in their management. A Well-planned Human Resource Management strategy uses a successful implementation and integration of technology. Technological oriented leadership is an urgent need for Human Resource Management.

In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well, and the term ‘Cyber’ became more familiar to the people. The evolution of Information Technology (IT) gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of netizens, misuse of technology in the cyberspace was clutching up which gave birth to cybercrimes at the domestic and international level as well. Though the word Crime carries its general meaning as “a legal wrong that can be followed by criminal proceedings which may result into punishment” whereas Cyber Crime may be “unlawful acts wherein the computer is either a tool or target or both”. The world 1st computer specific law was enacted in the year 1970 by the German State of Hesse in the form of ‘Data Protection Act, 1970’ with the advancement of cyber technology. With the emergence of technology the misuse of technology has also expanded to its optimum level and then there arises a need of strict statutory laws to regulate the criminal activities in the cyber world and to protect technological advancement system. It is under these circumstances Indian parliament passed its “INFORMATION TECHNOLOGY ACT, 2000” on 17th oct to have its exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking as well as penalties and punishments in the field of cybercrimes.

The prosecution for malicious prosecution and illegal detention stand to be the only remedies available for a defendant who has been wrongfully prosecuted under Cameroonian Criminal Law. These remedies give the defendant the legal right to obtain redress for such illegal detention or malicious act of the civil party. While the defendant can prosecute an administrative official for illegal detention, the same gravel can be heated on the civil party for malicious prosecution. The problem however, is whether the Cameroon Criminal Procedure Code (herein after CCPC) has effectively provided for these remedies to be exploited with acute readiness, so as to protect defendants from wrongful prosecution. Thus, it can be said that, the provisions of the Criminal Procedure Code with respect to these remedies seems to be full with lots of controversies as well as ambiguity, making its effective implementation almost impossible. In such a case, the rights of defendants are tempered with and the respect for the rule of law becomes a myth rather than a reality. It is therefore observed that the proper objective of this paper is to question whether the Cameroonian Criminal Procedure Code has properly put forth effective provisions for the proper implementation of these remedies. The work therefore calls for an effective implementation and a proper look at the level of ambiguities and controversies that beset the procedures for illegal detention and malicious prosecution under Cameroon Criminal Procedure Code.

The constitution of India treats all people equally in terms of equality, it prohibits Inequality. The preamble of Indian constitution secures to all citizens of India “equality of status and opportunity as well as promote among them all justice.”Article 14 of our constitution provides that, “the state shall not deny to any person equality before the law or equal protection of laws within the territory of India,” equality before law and equal protection of laws is also the basic postulate of Rule of law.It means, the law should be common among people of equal circumstances,and everyone should be treated by the common law. In India there are multiplicity of family laws and there is no legal uniformity in relation to marriage, adoption, divorce, maintenance and succession etc. consequently the country is still facing the social issues and challenges, due to the absence of a clear and uniform family law.Although the article 44 of our constitution provides that the state shall endeavour to secure for the citizen an uniform Civil Code throughout the territory of India, but due to political interest of several political parties, this effort could not get success so far.It is the need of hour that uniform Civil Code is required to maintain Social unity and integrity of the country.

A growing portion of healthcare costs is attributed to medical litigation. ADR methods such as arbitration and mediation have become increasingly popular for helping to settle disputes and improve a patient's satisfaction with their healthcare provider. Recent years have seen the establishment in several provinces of Alternative Dispute Resolution processes in response to the growing number of medical disputes and a lack of trust between physicians and patients caused by the increasing number of medical disputes in India. In our study, we examined the role of alternative dispute resolution in resolving medical malpractice disputes in the healthcare sector. Report on recent legislation concerning medical malpractice litigation, including the challenges and successes faced by these ADR programs. In the aftermath of unexpected medical errors, communication is central to conflict resolution. It has been reported that apologizing and disclosing early can reduce litigation costs by 50% to 67% as well as reduce settlements by a significant amount. Approximately 75% to 90% of mediation claims are avoided through mediation, saving $50,000 per claim. 90 percent of parties who participate in mediation are satisfied. Mediation is viewed as more efficient and satisfying, but arbitration is less efficient and more time-consuming than litigation. Several recent court decisions have upheld pretreatment arbitration clauses in the current legal climate, which is favorable to ADR. National Practitioner Data Bank (NPDB) reporting requirements are the primary obstacle to ADR. As a result of ADR, the current tort system may be reformed in a way that reduces costs and increases satisfaction for both parties. Providing physicians with easier reporting requirements would enable ADR to be accepted more widely.

Covid-19 has influenced how human exists within a society. Nobody would have ever thought that a virus like this would change our lives forever. It has changed every aspect of a normal person's life. Our social life, our physical health, and most important our emotional wellbeing have all changed with the beginning of a pandemic. On 11 March 2020, World Health Organisation declared Covid-19 a Worldwide Pandemic. Surviving with a virus-like Corona has not been an easy one. A child who was told to not use a phone until his/her teenage years is now kept in front of phones and laptops because of online education. Online education has not been an easy task even though after 1.5 years people have started to adapt it rather complaining about it. Students, Parents, and Teachers have all adapted to the new learning system: Online Education. This research will focus on how effective online education is according to students’ parents and teachers all under one format. Technology, in general, has many pros and cons and it is very clear when we talk about online education that, if it was not so good technology, it would be very difficult to deal with the recent covid-19 times. We will look at a closer view of how online education has affected different sections of society in many different ways.

It is quite possible for a person to escape to another State after committing a crime in his own State. Cases like these are on a rise with the increases of air traffic around the world. Few recent examples in India could be Vijay Mallya and Nirav Modi who are yet to be extradited, however, the procedure of extradition is not that simple. There are various treaties involved which can be complex and takes a lot of factors into consideration. In the following paper, we will be looking at the meaning, procedure, all the factors into play regarding extradition and would also see how the countries cooperate internationally to suppress the crimes globally and attempt to secure international peace.

Afghanistan is going through one of the worst philanthropic heads. America has withdrawn its colors from Afg. Other countries are shutting down their delegacies. President Ashraf Ghani has fled and now the Taliban has declared its rule in the country. Civilians are fleeing the country, skirting countries have sealed their borders and there's melee each around. This is the current script in Afghanistan.

According to Section 396 of Indian Penal Code, 1860 dacoity with murder refers to the offence of committing murder along with dacoity by five or more persons conjointly and every person shall be punishable with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. This is one of the most heinous crime and accordingly the punishment is also very stringent therefore, becomes necessary to understand the nature of crime especially when the substantial question of law is involved. This case deal with heinous crime of Dacoity and Cold- blooded murder. However, there are various other facts that were covered in this case but primarily including these crimes. The earlier FIR was lodged by police against five accused under section 364 of Indian Penal Code. Further as the investigation proceeded various other sections i.e; section 302, 201, 396, 411 of Indian Penal Code was got involved. The acts involved under this case is Indian Penal Code, 1860 and Criminal procedural code, 1973 which is substantive and procedural laws respectively. The issues for determination are the substantive question of laws which needed an answer in the light of above-mentioned enactments. Both the petitioner and defendant side had made the fiery arguments and various cases have also taken into account as precedents while pronouncing the judgment by the court. The case has been analyzed with great depth so as to understand the reasoning and nature of the judgment passed by the court of law. This case analysis will help us to understand the point of view of court when some serious questions of fair trial, right to defense, granting more punishment than prosecuted for, has come up in front of the court to determine.

Since time immemorial, ‘equality’ and ‘freedom’ evaded women in comparison to men. Women always enjoyed a secondary status and were assigned a purely functional role in societies across the world. Over the period women have been accorded unequal status that is offensive to human dignity. This has steered the feminist movement. Undoubtedly, it’s is the law’s neutrality as the very mechanism that perpetuates injustices against woman. This paper focusses on the struggles witnessed by women to improve their position and the kind of institutions and laws that would be necessary to redress the imbalance against woman in society.

This Article focuses on the concurrent jurisdiction of Securities and Exchange Board of India and Insurance Regulatory and Development Authority of India and also the other market regulators including the Competition Commission of India and other cross sector and sector specific regulators. As SEBI has a very wide and broader scope of powers it creates overlapping leading to confusion and also delays in the processes due to this confusion. This Article basically focuses on jurisdiction, that is the speak of law the authorities can extend and take into consideration and also mentions mechanism which can be adopted to remove and avoid the conflicts between the Regulatory Authorities.

The rivalry between the two nations, who once fought together to end the Japanese rule in their homeland is unparalleled, the two Koreas which were a cooperative machine can’t even see eye to eye today, let alone sit and discuss their differences. This cold war relic which still persists in the 38th parallel (the border dividing the two nations). The divide which cracked in the Korean peninsula can be purely called ideological difference taking place during the cold war, north joined hands with communist forces, and south was influenced by capitalist ideas of USA. Both the countries continue to play blame game Pyongyang has condemns sinking of several North Korean vessel by south. And, south has blamed north for espionage after finding various tunnels under DMZ.” That is the reason sometimes we see leaders of both the nations smiling and posing to the camera, and behind the walls of their offices are plotting against each other. There has been both good and bad times for the north and the south in their international relations. But the fact still remains that even after various diplomatic missions there is no peace treaty between both the nations. Even arch rivals Israel and Egypt overcame each other’s differences and signed a peace treaty for a greater good. It should be noted that the reunification of the nation has been one of the major political aims of the governments on both sides of the armistice line since its division in 1948 (Lee 2010; Merkel 2008). But their international policies towards each other don’t really justify their actions, South Korea is continuously increasing its military programme, and has constantly ranked under top 10 military programs in the world, and North Korea has its own nuclear programme. One hand they talk about reunification of both the Koreas, and on the other hand they are stockpiling weapons.

‘Conjuctio Mariti Et Faminae Est De Jure Natura’ which means, the union of a man and a woman is of the law of nature. No man is an island, in order to thrive into life’s journey we need to rely upon the other. It may be for a companionship, for comfort, to associate and which includes in a whole the bundle of emotions. ‘Living’ as we desire is one of the inherited freedoms. But living according to the norms and obligations of society makes us worthy citizens. To respect and abide by the order of nature and to understand the beauty of human living we must become vigilant and active to the day today’s consequences. It is our Indian culture which emphasizes that in case an adult man and woman wishes to live and consummate together they have to be tied in the institution of marriage. It is because in all the religions ‘marriage’ has been considered as a sacred sacrament. The world map is not the same today as that of the past. With the swift moving of lifestyle we have been evidencing an ample of changes in all the areas of life. The yardsticks of morality are at the forefront while discussing the societal perspective. To touch upon the very sensitive aspects called marriage, sex, relationship one may require adequate knowledge and need to well aware of the present scenario. Our opinion regarding the live- in relationship may vary depending upon the circumstances that we encounter. How far can an individual utilize his/her liberty? What Indian law says about it? Whether Indian culture and practice support this happening or are silent about it? Likewise quarries keep on creeping into our mind and this article makes an attempt to overview regarding the live -in relationship concept.

The coming of online platforms has reflected to be most noteworthy of economic changes over the last decade. Online platforms are used to capture public interest encouraging about the future of work. Business domain is witnessing a survival contest in an unhinged economic situation. This scenario has brought a compulsion in the change of mind set to come up with new avenue of business and employment. The way people live, work, and spend money has changed considerably, particularly since the introduction of smartphone technology. Being hyper-connected through social media has expanded communication and offered up new opportunities to earn and spend money – picking up a "gig" (a temporary job engagement) online is as simple as making dinner plans or finding a date. The so-called "gig economy" is changing how people think about and do work, and counties must be prepared to adapt with creative policies and initiatives. This paper’s goal line is in the adaptability to the change for the benefits and impacts to sustain in the commercial domain on the online platforms.

The need of research in Metrology segment is the need of today’s consumer. The Legal Metrology subject is based on metric system with reference to Metre Convention held in Paris on 20 May 1875. Representatives of 17 countries were present for Metre Convention including United State of America. The treaty to form an International Law were signed in Paris on 1875 by the 17 representative nations. The legal metrology organization is based on the SI units. The definition of Si units are decided by the International Organization of legal metrology. The metrology is use for the protection of the consumers through the weights and measure department of various state. The enforcement rules of every state works specially for the consumers protection and use uniform standards throughout the country. The SI units which are verified and defined the General Conference of Weights and Measures (CGPM). In the 26th CGPM meeting held on 14th November 2018 the definition of kilogram, ampere, kelvin and mole were redefined in terms of permanently new fixed values of the plank constant, elementary cgarge, bolizmans constant and Avogadro constant respectively. The department of Legal Metrology in the state is charged with the duty of the ensuring that the accurate weighment and measurement of goods in commercial transactions. The legal provisions are contained in enactment by parliament and state legislature supplemented by detailed rules. The state Legal Metrology Organization formerly known as Weights and Measures, responsible for accurate weighment and measurement of goods in commercial transaction are now required to ensure additional responsibilities of ensuring accuracy in other fields namely industrial production and protection human beings, animal and plants. Hence the development and research is required in Legal Metrology.

Prisons in the modern times are places where criminals are sent with a view to reform them, make them repent for their wrongs and allow for their reintegration into the society. One of the major roadblocks to their reintegration is the custodial violence and sexual victimisation of the prisoners. It happens inside prisons, during police custody as well as in judicial custody. It impacts the mental and physical well-being of prisoners and the accused to a great extent and leaves scars deeper than the imprisonment itself. Moreover, even the family members of the accused are not safe and can be subject to abuse at the hands of law enforcement agencies. The torture can lead to deaths or affect the mental health of the prisoners to the extent that they are driven to commit suicide. The Indian Constitution as well as International Human Rights Instruments provide for the humane treatment of prisoners. The abuse perpetrated is a violation of the human rights of the prisoners and their Fundamental Rights as well. It is a problem that has continued despite the repeated focus on the issue and the judicial intervention that followed. This paper will analyse the impact of custodial torture and sexual victimisation of the victims in the Indian Prison System. It will analyse the impact of the practices on prisoners, the legislations in India to prevent such practices and the decisions by the Indian Courts. The International Principles on the same will also be discussed in order to provide suggestions to improve the condition of the prisoners and ensure that their basic human rights are cherished and preserved.

Media and entertainment have always been a constant presence in all our lives, marking significant moments right from childhood. However, the entertainment industry is not all it seems. The industry is known for its notoriety, having adverse effects on children in the industry. Children in the industry are at a constant risk of exploitation and face various problems such as substance abuse and threats to mental health. Child labour laws are a set of legislations that have been enacted to protect the children from any kind of exploitation and to ensure that their rights are safeguarded. However, by virtue of the 2016 Amendment to the Child Labour (Prohibition and Regulation) Act, 1986, children working as artists in the audio visual entertainment industry are exempted from the prohibition. Despite this, certain safeguards are afforded to them and employment of children in the industry is regulated. This is to protect the children from exploitation such that the object of the Act is achieved and the exception is justified. This article discusses various laws, both national and international, that are in existence to protect and regulate employment of children, specifically in the entertainment industry. It further discusses the concerns in the industry and suggests certain changes and reforms that could be brought about to protect not only the mainstream artists, but also those on social media. The need to focus on the mental health of child artists is emphasised in the article as well. In conclusion, this article is an attempt in creating awareness on the plight of child artists in the limelight and also in providing information on the laws that protect them.

Mental illness affects the thinking and behavior of the person causing discomfort or disability. The causes of mental illness are not well understood, but what is certain is that genetic factors, various stresses and the type of interaction or connection with others, depression, insanity, anxiety, and obsession can be called mental illness. Section 84 of IPC also speak about insanity as a defense as Act of a person of unsound mind at the time of doing a crime or incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. According to section 84 can we say these circumstances such as, becoming flustered and out of control for a variety of reasons under certain circumstances or sometimes we feel sad, and sometimes a state of tension and anxiety, anger and confusion overwhelms us that these states do not last long, which studies in psychiatric hospitals show a direct link between the majority of crimes and mental illness, that situations are very common in our daily behaviors can be used as a defense after committing a crime which has led to irreversible crimes. So the present study (Mental disorder and commission of crime - Analysis of legal position in India) examined the mental disorders and crime relation, deference between mental illness and mental disorders, types of mental disorders and factors of mental disorder and its legal position in India with reference of foreign books.

The Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) community is the sexual minority of India, which has been unfairly discriminated in legal and social identity since time immemorial. The civil rights of the LGBTQ community like the right to adopt, right to marriage, etc are also not being recognised at par with their heterosexual counterparts. Equal adoption rights are necessary for the LGBTQ community to live a family life with children’s similar to their heterosexual counterpart. However, the adoptions laws of India are discriminatory towards the LGBTQ community and work as an impediment for them in fully exercising their adoption rights. Such discriminatory adoption laws which are based on the binary understanding of gender violates different principles which are enshrined under Article 14, Article 15 and Article 21 of the Constitution of India. The adoption laws of India are also not in line with the principle of the best interest of the child as they exclude potential prospective adoptive parents from the process of adoption. The researcher in this research paper will critically analyse the LGBTQ right to adopt in India and will try to make a case for equal adoption rights for the LGBTQ Community.

Acid attack is one of the major issue and is the most heinous crime in India. It is the gender based violence all over the world because most reported cases mainly focused on women especially young women. Major reason which accounted are rejection of marriage proposal, rejection of sexual desire of men, dowry demands and property issues in families etc. These kinds of crimes are occurred due to hate to the victims. It is not only disfigurement their face and body parts but also they struggle for their life with immense of pain and sufferings and needs a constant battle for the recovery. For the treatment of these burns lakhs per surgery were needed and most of the victims were poor ones who is unable to take thousand rupees. India has no specific legislation for the protection of acid attack victims and cases were registered under IPC. With the Criminal Law Amendment 2013 is the new sections were inserted in penal provision for the protection of acid attack victims and the Supreme Court in Laxmi’s case makes alarming changes in India. But the amendments in these legislation is inadequate to control the acid violence against women because there is no stringent punishments.

The current article presents a study that focuses on the Inter-country adoption of children. In two contrasting approaches, intercountry adoption has pushed into the public consciousness. On one hand, intercountry adoption is portrayed as a heartfelt act of kindness that advantages both the kid and the adoptive parents. Numerous scandals and horror stories about intercountry adoption stand in stark contrast to the optimistic face of adoption. Adoption is represented as a form of child trafficking or a baby sale. Adoption, which many complications arise when a child is adopted from one country and then relocated to another. To tackle the negative situations and prevent them from occurring, the act of ICA works as the fundamental welfare of the child. The present work focuses on the analysis of the procedures of ICA in India and an assessment has been made to see if the laws are adequate to cope with the situation.

The scope of the article focuses on the examination of the legal doctrines relating to party autonomy and neutrality in the context of party appointments in arbitrations. Although both concepts are recognized in arbitration law, party autonomy in appointment of arbitrators often poses a challenge in ensuring neutrality in appointment and ensuring the sanctity of the arbitration process. Some safeguards in ensuring neutrality and impartiality are provided in the Indian Arbitration Act including the requirement of any appointee to provide a disclosure at the very outset regarding any justifiable doubts regarding his independence and impartiality. The recent judicial trend in decisions by the Indian Supreme Court to safeguard neutrality in contracts where one party has a unilateral right to appoint a sole arbitrator, or the entire three-member tribunal have been examined. The article also conducts a comparative study of the concept within the framework of the UK Arbitration Act. The article also examines the strength of the safeguards in place to ensure independence and impartiality especially in the context of arbitrators being empowered to rule in their own case regarding the existence of “justifiable doubts”.

In the era of Information technology and globalisation almost everything is dynamic and nothing is stable. However, when it comes to the amendment of taxation laws it has always had wide implications as it has an effect upon the taxpayers and the revenue of the government. Generally, laws are amended to meet the changing needs of the society or to cope up with the new technological development or to create a new right etc. Amendment of laws can be divided into two types based upon the specified date of its application. They are prospective amendments and retrospective amendments. Retrospective amendments are made to cure any defect or mistake or loophole in a taxing statute. Generally, retrospective amendments tend to modify a vested right or imposes a new obligation upon the taxpayers with the intention to curb tax evasion and tax avoidance. However, this trend has completely changed in the recent past. Nowadays retrospective amendments are being made according to the wish of the government with the main intention of nullifying the judicial decisions thereby leading to unnecessary financial burden upon the taxpayers by digging up the past transactions and leading to a spate of litigations in the Indian courts. This paper thus, tries to critically analyse various effects or impacts of the retrospective amendment in taxing statutes.

The offences such as rape, dacoity, murder, and attempt to murder are heinous offences which are against not only the individual but also the state. The High Courts across India have inherent powers under Section 482 of the Criminal Procedure Code, 1973. Using section 482, the High Courts can quash criminal proceedings, but they can do that only to secure the ends of justice. But there is a pattern which can be found where rape cases are being quashed by various high courts across the country due to compromise or settlement between the offender and the victim. Due to the fact that the victim would not assist the case after the compromise and would not provide any evidence, consuming the court's time. Running away from criminal culpability for a crime like rape because of a compromise would inspire others to follow that example. This compromise process gives the rape offender amnesty, and he may even force the victim to marry him. And the victim will be harassed for the rest of her life. Indirectly, such a liberal approach will create fertile ground for sexual violence. In India's criminal judicial system, the word "compromise" has become a new plague. In this article, the author investigates the decisions issued by various High Courts and their correct legal position. Furthermore, the author seeks to explain whether a compromised rape case has any benefits for the victim of rape if it is quashed by the High Court.

It is important to link sounds in English to speak naturally and fluently like native speakers; however, Vietnamese students often encounter the problems of sound linkage. This study aims at finding out whether to use dubbing documentary films on improving linkage of sounds for 1st year English majors. The specific objectives are to evaluate the impact of dubbing documentary films on students’ sound linkage capacity and to collect the students’ feedback with regard to their attitudes to dubbing documentary film activities, the benefits and possible solutions to enhance the effectiveness of dubbing documentary film technique. The study was carried out using quasi-experimental research design and survey. The participants in the study consist of 42 students in which 20 students were selected randomly to participate in the experimental group (dubbing documentary films), and 22 of them were assigned to the control group (non-dubbing documentary films). While all these 42 students were requested to sit for pre-tests and post-tests, only students in experimental group answered the questions concerning the difficulties when dubbing films. The results reveal that there was a significant enhancement of the students’ performance in pronouncing skill in the aspect of sound linkage after applying dubbing documentary films activities. Moreover, students’ feedback on the use of the method is generally positive, and suggestions for reducing the obstacles when dubbing documentary films are provided to enhance the utilization of the method more meaningfully and efficiently.

India being one of the largest agro - based economy produces large amount of agricultural waste, including crop residues. The act of stubble burning is the intentional fire setting to the residues after the economic crop parts have been harvested. It is considered to be the cheapest and fastest way to get rid of the stubble among the farmers, but it has aggravated air pollution along the regions where the practice is in existence. The other effects of stubble burning are seen to be heat penetration and loss of soil fertility over the environment. The impact of stubble burning is more severe posing a grave threat to the human health and wellbeing. The effects extend even to the agricultural productivity directly and indirectly. This paper would discuss on the impact of stubble burning caused over the environment, agriculture and to the human race. It also justifies the claim that it remains an isolated issue which lacks proper attention from the State and the Centre despite having consolidated and collective impacts. Along with, it would discuss the alternatives to the practice, the technological assistance, interventions by the Government through the schemes and the legislations. One such effective method would involve the sustainable management practices for crop residues using it as a biomass energy. Also the importance of awareness among farmers is laid emphasis, while the implementation gap is to be erected by the government also.

Terrorism is the unlawful or violence or criminal act in order to intimidate fear in the government or in the minds of its citizens for some political objective. Sec 83.01 of criminal code defines terrorism as “an act committed in whole or in part intimidating the public for some public objective”. Any funds invested or financial support raised for individual terrorist or a group of terrorists is called terrorism financing. Terrorism financing can be done through Money laundering, illicit drug trafficking, Human trafficking, kidnaping for ransom, arms trafficking and many other transnational crimes. Organised criminal groups raise funds through illicit drug trafficking and invest the money raised so in terrorist activities. Sometimes the drug itself acts as currency as in the case of Madrid bombing.There international conventions where the conventions enhance the cooperation of the member states to combat Terrorism financing. UN Convention against transnational Orgnised crimes, 2000 was signed to prevent money laundering. International Convention for suppression of Financing of terrorism helped in supressing Terrorism Financing. The UNODC also plays a vital role in preventing Money laundering and Illicit drug trafficking which in turn prevents Financing of Terrorism. Finally, the article (Analysis of Terrorism Financing) focuses on the relationship between Terrorist Financing, Money laundering and Illicit Drug Trafficking. It also provides the dangers of Illicit Drug Trafficking and Terrorism Financing and how does it pose a threat to National Security.

The word rape is now outdated and not new to hear. Historically, the term rape is biased. Whenever we hear that 'rape has happened' we automatically interpret the incident of rape and associate it with the perpetrator man and the victim woman. Generally, the meaning of the word rape is 'a sexual offense committed against a woman without the consent of the woman'. Hardly anyone pays attention to male rape. Men are always classified as perpetrators and not as victims. But now in-depth research is needed to take up the issue of male rape as well. The present study intended to focus upon the issues and problems relating to the term ‘Male Rape'.The proposed topic is chosen to aware of why genuine action is needed for the offenders of male rape.

The advancement of technology in the recent years have resulted in wide usage of electronic medium to form electronic contracts. In India, these electronic contracts are primarily regulated by the traditional contract law. Electronic contracts are considered to be valid and enforceable if they fulfill the essential elements for forming a contract. However, electronic contracts are often dynamic and different in their very nature, so there are many electronic contracts that fail to accurately meet the standard set forth by the contract law, therefore technically not valid. But due to the limitations of the existing contract regulating law, these flawed contracts are overlooked and often passed as valid contracts. The existence of these flawed but validated electronic contracts could have not only given rise to many complications but also raised certain precarious legal issues. This paper will throw light on how the essential elements of a valid contract laid down by the Indian Contract Act are often not fulfilled by the contemporary electronic contracts, the inadequacy of the existing contract regulating law and the legal issues that could arise out of these erroneously validated electronic contracts.

The issue of rape is one of the most unfortunate issues that our country is still battling with. Whereas, there has been constant efforts made in terms of legislative policy towards bringing in stringent measures to punish the offenders, but our criminal justice system and legislative policy hardly shows any concerned efforts when it comes to rehabilitation of rape victims. True punishing the offender is important but it can only help in deterrence but what about the victims who has been mercilessly affected by such heinous crime. Even, though post Nirbhaya Case we can see some monetary compensations and funds for victims have been formed through Central Victim Compensation Fund. But, now the question arises, whether just by the monetary compensation the purpose of rehabilitation is completed? Considering the fact that we live in a society where especially rape victims undergo societal stigma and oppression. She is kind of being boycott from the society, she faces challenges to continue her studies, hard to get a job, hardships in getting married. All, this problems can’t be compensated just through monetary relief of few lakhs. Adding to the societal, personal and professional hardships, the victim also undergoes mental trauma and depression. Thus, with all these major issues in hand this paper aims at exploring the research question, “Whether, the current rehabilitation policy for Rape Victims is efficient enough?” , with the hypothesis that it is not and there is a need for change in order to have a holistic approach in redressing the hardships faced by the victims.

Trademarks significantly facilitate the establishment of the reputation and goodwill of a business and suggest a relation between the products or services and their producer. Such reputation and goodwill has been taken undue advantage of through deceptively similar marks and product packaging in recent times, which has necessitated expanding the scope of protection. This has culminated in instances of protection provided to the “get up” or “trade dress “of products such as the unique form of a soft drink bottle, the eccentric ambiance of restaurants, distinctive biscuit packaging, the structure of a barbeque, a fragrance, and even a single colour, provided they are distinctive and non-functional. Trade dress is the commercial look and feel of a product or service that identifies and distinguishes the source of the product or service. It includes the various elements (such as the design and shape of materials) used to package a product or services. For example the shape of Coca-Cola and Voss bottles; the red-sole of a Christian Louboutin shoe; the red tab on Levis jeans. Over decades there has been a transformational shift in the choices of the consumer; today along with the quality, the overall packaging of the product has also significantly affected the buying choices of the consumer. Packaging, color pattern, color combination, shape of the product, texture, design, graphics and illustration which we call as trade dress are protected from being misused by the other parties who intends to imitate the overall look of a product in order to take advantage of its established goodwill and reputation. In India there is no separate provision for protection of trade dress, however, the common law of passing off provides protection of trade dress consisting of shape of goods their packaging and combination of colors etc. which is elucidated in Section 2 (zb) of the Trademarks Act 1999. This paper seeks to examine the scope of trade dress protection in the Indian scenario, its relevance and its validity under the Trade Marks Act, 1999 in light of recent judicial pronouncements.

The lawmakers have written the Indian Constitution in such a manner that they may operate like persons while not overlapping with the tasks of other parts, hence respecting Montesquieu's notion of separation of powers. The concept of “Judicial Overreach” refers to the belief that the higher judiciary's current role, functions, and attitudes do not correspond to what was intended by the concept of separation of powers in the constitution, which established separate domains for the Executive, Legislature, and Judiciary. It is widely accepted that this trend has harmed the key institutions of government, since the tendency to encroach on each other's domains impedes the healthy growth of all institutions, and therefore good governance and the strengthening of democracy. Therefore, the only legitimate way for judicial intervention is called judicial review. Only by examining the functions assigned to the various departments of government can a fine line be established between proper and inappropriate judicial action. Purely political and policy issues that do not involve the resolution of a basic legal issue are hence outside the purview of the court. The ability of the superior judiciary to issue a writ of mandamus or other appropriate instruction to the relevant public authority requiring fulfillment of its legal responsibility is the remedy in the case of governmental inactions or institutional breakdowns. However, there is a significant contrast between such public authority ordering performance and the judiciary taking up such a role on its own. The former is proper judicial involvement, not the latter.

One of the most significant provisions of a quite large Code of Civil Procedure 1908. We understand this from “Res” meaning subject-matter/dispute and “Judicata” meaning adjudging. The Indian Legal System adopted this doctrine by the way of Section 11 of Code of Civil Procedure, 1908. Section 11 empowers Courts to dismiss suits by a decree of Res Judicata if the issues between the same parties have been adjudged by a competent court under the same factual circumstances. This article delves into the critical analysis of interpretation of the essentials of Section 11, extension of the doctrine in the form of “Constructive Res Judicata” and Relation between Law of Estoppel & Issue Estoppel and Res Judicata. The process of developing conceptual understanding of Section 11 entailed collection and analysis of non-numerical concepts, opinion pieces, commentaries, and papers. Secondary sources like bare acts, books, journal articles, research papers, commentaries and news articles were used. Section 11 of CPC has positioned itself to champion public policy considerations, through cutting the multiplicity of litigations, scope of vexatious litigations, etc.

Mica is a substance that gives a shiny appearance to cosmetics and paints. Koderma and Giridih are two districts in Jharkhand richly endowed with good quality mica deposits. The socio-economic and human development indicators indicate that the region suffers from a classic ‘resource curse’ case. Mica mining is an illegal activity; however, the impoverished people working here have no other means of livelihood. The mining industry is also notoriously known for engaging rampant child labor. Instead of going to school, children who exemplify "innocence" are forced to work in hazardous conditions. The paper highlights the impact of this illegal activity on the communities living in these areas, particularly children. The analysis of labor laws, mica policies and environmental regulations offers greater insight into the problem. The authors have recommended several measures to improve the hazardous situation. The role of various stakeholders in this ecosystem has also been extensively discussed.

Purpose: The purpose of this paper is to understand the role of woman intrapreneurs in an organisation, what are extra exceptional approaches adopted by woman leaders, the factors which influence the acceptance or rejection of their roles as leaders and how gendered bias effect their functioning in an organisation. We will also look into the qualities and approaches that woman as an intrapreneur adopts for exceptional functioning and the inbuilt qualities which help them become efficient leaders. Research Implication: The paper provides insights into the characteristics of a female intrapreneur. It provides an insight into how woman creates a positive impact as a entrepreneurial leader. It provides an understanding of woman leaders playing exceptional roles and outpowering gendered bias with transformational qualities. Findings: The research found that there is a significant relationship between woman entrepreneurial roles and various factors (i.e., external, back stage and within). The given paper supports the explanation in the literature that the unique leadership roles played by woman intrapreneurs in an organisation creates better work outcomes. Originality/ Value: The paper gives an insight into the role of woman leaders in an organisation and how various factors effects (positively or negatively) to the woman and their work engagement and productivity.

The justification for the increasing importance placed on intellectual property rights is self-evident. These are necessary to incentivize people to invest money, resources, and time in innovation and creation. Trade secret protection is considered the most important among knowledge and innovation-based businesses. This article attempts to investigate the nature of trade secrets as intellectual property. The article further explores economic and philosophical justifications for trade secret protection and internationally available level of protection. The article concludes with the recommendation of a dedicated law that provides a basic framework concerning to trade secrets even if it merely states all the common law remedies in one place.

The United Nations Convention on Contracts for the International Sale of Goods was formed in response to economic liberalization, privatization, and globalization, in order to secure the continued expansion of international commerce. The number of nations that have ratified the CISG, as well as the number of incidents dealing with its implementation, has increased dramatically. In light of the increased utilization of the CISG and the fact that India is a prominent competitor in international commerce, it is necessary to analyze the differences between the CISG and the Indian Contract Act of 1872 and the Sale of Goods Act of 1930. The ICA, which is the basis of India's earliest commercial laws, establishes basic regulations for contract administration and regulation. The SGA is solely engaged with the selling of products. The CISG is a more recent version of these statutes that deals with contract formation, buyer and seller obligations, and contract breach remedies. This article aims to identify and analyze the differences between the CISG, the SGA, and the ICA, both in terms of content and application. It also aims to analyze if it is a viable choice for India to ratify the CISG.

The objective of this article is to uncover and expound on one of the most crucial aspects of labor law, namely the preservation of laborers' rights. Drawing a bridge between the need to safeguard fundamental human rights, a secure working environment, and labor law on the one hand, and the burgeoning industrialization and global competition on the other. Domestic and international labor policies are premised on the labor standards established by the International Labour Organization and the emergence of the "decent work" concept. In the era of the globalized world, ILO reports, trade unions and NGOs have all played a role in reporting, scrutinizing, and bringing awareness around limited opportunities, job security, poor wages, systemic inequality, and dismal and often inhumane working conditions for laborers. This article aims at introducing the idea of labor rights in a global world, with social justice as a key promoter, as well as the measures taken by the International Labour Organization to prevent and control denials of fundamental human rights and inequalities experienced by laborers in both the formal and informal sectors.

According to Hindu sources, women used to enjoy the same status as of man. No differentiation was made on the basis of their physical and biological appearance in participating in religious rituals and practicing yagnas. Women were never impure. Some people believe that bleeding women also called the ‘living goddess’. But as the time passed the women lost their sanctity due to oppressed patriarchal society. Due to patriarchal imposition the violation against the women had been increased. Judiciary acts as the key to restore those religious rights of women by enacting various legislations. This paper (The Forgotten Religious Rights of Sanatani Women) considers about the status of religious rights which were enjoyed by the women during Vedic period and forgotten in this modern era, the laws governing the equal opportunities to practice religious rights of women as equal as that of man through the judicial trends.

Winston Churchill once in his speech at the London’s Constitutional Club in 1931 said, “India is no more a political personality than Europe, it is a geographical term and is no more a united nation than the equator.” This was the popular perception of colonial India. It was fragmented, divided on communal, regional and monarchical lines. It was unfathomable for the western leaders to imagine such diverse regions coming together in future to form a nation united under one flag. But this was possible due to the shape that our constitutional makers gave to our constitution. It was accepted by them that pragmatic federalism is necessary for achieving a federal balance and will necessitate joint wisdom from the federal government and states. Still Indian polity has repeatedly faced multiple challenges to its federal structure, which has strained centre state relations from time to time. Some of the contemporary challenges to the federal structure of India are discussed herewith.

Technology have played an imperative role in our life , it is one of the key ingredients for the survival of mankind to live in a fast-phase environment. . The development of new technology helps people save lives, it helps people make work easier and makes the world a better place to live in. Drones, also known as Unmanned Aerial Vehicles (UAVs) or Remotely Piloted Aircraft System (RPAS). Technology has always taken a new dimension in our life, if it is used properly it may affect us in positive ways or not then disruptive in a negative manner, similar is the case with drones. While drones are proving to be useful in all the parameters from devastating World Wars to humanitarian purposes it had added numerous benefits in the sectors of Civil activities, disaster management, humanitarian activities ,but their unregulated and unauthorized usage carries serious consequences that need to be addressed with extreme vigil and Caution. This paper makes a case for India to play a more proactive role in shaping global norms around the use of drones, as the evolution of these technologies could create an impact on the country’s security in multiple ways.

Empowerment of women is the symbol or indication of prosperity, development or advancement of Human Society. The people’s power, women power is the totality of democracy. It is sure that a generation of great men is incomplete without the generation of empowered women. Women have to be empowered to have control over their own lives to better their socio-economic and political condition. Thus, women empowerment can be interpreted as totality of empowerment including political, social, cultural and other dimension of human life as also physical, moral and intellectual. The constitution of India secures to all persons right to equality and opportunity and promote among them all, justice of social economic and political and secure to liberty, dignity and fraternity among men and women. In the pursuance of constitutional mandate the govt. has enacted several laws and acts for women empowerment. But due to lack of education poverty, unawareness and orthodox thinking of society these effort could not get success as desired. Women are still victimized of cruelty, sexual harassment and slavery etc. for many years. They are not only out of the house but also insecure in the house and still suffering from the ideology of the male dominated society. The situation of women is still pathetic and they are just only treated as a property. Hence women empowerment in India is not possible unless orthodox tendency and violence against women have eradicated from the society. Empowerment of women is essential as their value systems lead to development of a good family, good society and good nation.

There was burden on the heart of His Holiness Dalai Lama that what would be the fate of Tibetan culture and its people. How would one survive when your home is taken away from you? This is a story of a civilization protecting its distinct identity, culture and still continues its fight against the oppressive regime to get basic human rights. Here, in this paper, we have tried to cover every sphere of Tibetan issue. The purpose is to give a complete overview of Tibetan history and polity. This is the story of a refugee community who with almost nothing started from scratch and now due to their sheer commitment, dedication and hard work have emerged as the most successful and self-dependent refugees in the world. Today His Holiness has become a prominent figure and a noble peace prize winner who has inspired millions. This is just a small attempt to shed some light on this important issue and keep the point of Tibetans in front of the world. This paper is just a small part of the campaign to end illegal occupation in Tibet and to protect and support the basic human rights of Tibetans. The country once a teacher of Asia became a hegemony of China. Why did this happen? Why the world is still silent over this visible oppression and grave injustice? These are the questions that the world still needs to answer.

It is often said that the age is just a number but when it comes to sports, age plays a critical role in the professional life of athletes. Athletes have a relatively short career and in that short period, each one of them wants to hit the highest heights and maximize the same. To bypass the constraint of age various players purposefully fake their age in order to get a chance to participate in age-restricted competition; advantage of physical maturity over younger athletes; access to various opportunities likes’ scholarships, government jobs, reserved sheets in educational institutes; Sometimes even breaking national records etc. Age fraud in sports has turned out to be a serious matter not only at national level but at international level as well. It is not only a breach of certain laws, but rather an assault on the sports' fundamental principles of "honesty, fair play, and team spirit," as it denies deserving players an equal opportunity to participate in various competitions and gives the wrongdoer the upper hand. This practice has been thriving because of the complacency of sports governing bodies and the limited implementation & enforcement of birth registration laws. It is being more than a decade since India government took first initiative to address the problem of Age fraud by issuing "National Code against Age Fraud in Sports 2010”. Increasing number of cases indicates that this well-intentioned code has largely failed to work as deterrent. Given the extent of issue, this article aims to discuss the extent of problem and analyze the efforts taken by Government of India and Sports Governing bodies to eradicate this problem.

Domestic violence is an infringement of right to liberty and flagrant violation of human rights. In our civilized society house is considered most suitable and safest place to live with dignity and without fear. However, the reality is different and there are evidences of violation in the domestic sphere. Initially the issue of domestic violence was ignored on the ground of private matters but slowly and gradually law has intruded into the domestic relations to do corrective justice. Consequently, provisions in penal laws and family laws have been incorporated to combat the challenges of domestic violence. However, there is a gap in theory pertaining to dignified life to individuals in domestic relations and in actual family equations. There are multiple reasons for such situations i.e., patriarchal set up, lack of sensitivity, economic dependence etc. This paper explores the issue of domestic violence in a comprehensive manner and includes Domestic Violence Act, 2005 in detail along with analysis of the decisions. Additionally, it also highlights the issue of gender-biased application of the said statutes.

The digitalization is changing the creative landscape by generating opportunities for some and challenges for others. This new media is such a rapidly developing area that new terms are produced almost every day. Generally, traditional intermediaries such as film studios, record labels etc. are far less scalable than online Intermediaries and have been substituted by them, for example Spotify and Netflix. Although both Spotify and Netflix still works with record labels and studios and this is because it takes heavy investment to bring a new artist or film to market. Keeping in pace with the rapid development in Digital media there is another urging issue for discussion i.e. need to protect celebrities and famous personalities from unfair scrutiny. The public image of a celebrity is of great value but there right of publicity and the right to commercial use of their identity are always infringed for that reason a celebrity enjoys a unique right called as celebrity right. Celebrity rights may be protected using trademark law, copyright law and passing off action. So, there is an urgent need to recognize celebrity rights within the realm of intellectual property rights and to secure them against any harm.

Intersectionality is a term which embodies the spirit of heterogeneity of the human race. From the late 20th Century, human rights defenders have attempted to merge this idea into anti-discrimination expostulations. Nonetheless , intersectional discrimination still exists and finds no recourse in the contemporary legal infrastructures of the world. The paper attempts to navigate the interplay of humanities and law in order to discern the absence of intersectionality in today’s revolutionizing debates of gender justice. In India , the cultural ramifications lead to colossally different grounds for intersectional discrimination from the normative western idea of intersectionality which began with racial discrimination. The researcher focuses on variables unique to India which include discrimination based on gender , sex , , religion , caste ,class and their subcultures surrounding the demographics of India. Following the need for an assessment mechanism to map and subsequently structurize ‘identity and place genus’ to combat deep rooted oppression , the paper analyses the identities and the corresponding places which are left out of the protection laws of the country by conducting a non-doctrinal research. Recognition of overlooked identities along with its relationship to the existence in physical spaces which can be regulated through the enforcement of rules and regulations is a first step in discerning the humongous problem of intersectional discrimination in India which yet some scholars believe is a far reaching goal.

Prostitution, slavery and human trafficking constitutes to the most evil crimes. Prostitution worldwide is one of the oldest profession practiced from 2400 BC. Prostitution is not only the engaging of people into sex activities for a payment in money or some valuables. Slavery is the exploitation of weaker section of the society for the monetary gains of people who have using them. People are being trapped into this and it has been really hard for them to get out of it. Human trafficking is a heinous crime against humanity. Globalization has made human trafficking an easier task for the criminal organizations. There is no data available on the volume, research trends, and tycoons in this field.

The internet has bought forth a boom in ecommerce. Accordingly, there is a requirement of effective dispute resolution methods for the disputes that arise out contractual disputes relating to ecommerce. However, since the internet is a borderless entity, the issue of jurisdiction arises. As a result contractual disputes are not easily solved and this leads to a deterrent in using ecommerce as the preferred method of business. This paper analyses the current framework and precedents that are used to determine jurisdiction in e-contract disputes. The paper also analyses if the principles of private international law can be used to set up a regulatory framework for determining jurisdiction in e-contract disputes

The importance of the phrase ‘bail and not jail’ has been constantly emphasized by the Indian Courts. The legal aspects of bail under the Code of Criminal Procedure, 1973, coupled with the peculiar provisions provided under special acts like Unlawful Activities (Prevention) Act, 1967, Narcotics Drugs and Psychotropic Substances Act, 1985, etc. makes the Indian bail jurisprudence very complicated. Although the Indian Courts have attempted to remove these complexities by delivering landmark judgments and uniform guidelines, the situation has hardly ever improved. One of the reasons for this is the inconsistent approaches adopted by the Indian Courts, be it the Supreme Court or the High Courts while deciding subsequent cases of bail without justifying such inconsistencies. This is obvious from the decisions given in Arnab Manoranjan Goswami v. State of Maharashtra & Ors and Munawar Faruqui v. State of M.P. The current article is an attempt to analyses these two decisions to answer the question – why do uniform laws on bail apply differently to persons who are not so dissimilar?

The present paper examines the issue of compensating individuals for wrongful prosecution, incarceration or even conviction. This aspect has been examined across the world and has given rise to a plethora of views and opinions. The issue itself is a highly complex one and any view is bound to have its pros and cons. However, progressive democracies have overwhelmingly evolved statutory frameworks to provide for some sort of compensation for certain types of instances of wrongful prosecution, incarceration or conviction. India does not, at present, have any such specific statutory framework although the Constitutional Courts have, under certain circumstances, awarded compensation to individuals who have been wrongly arrested. These instances of the Constitutional Courts’ intervention are clearly more the exception than the rule and would not substitute the requirement of a specific law in this regard. The Law Commission of India has also, in its 277th Report, also made recommendations to this effect.

The Indian e-commerce sector has secured 9th rank in cross-border growth in the world. According to Payoneer report, as most Indians buyers have started shopping online rather than coming outside of their houses, the Indian e-commerce sector has witnessed such remarkable increase. India's e-commerce festive sale season from October 15 to November 15 in 2020 recorded Rs. 58,000 crore (US$ 8.3 billion) worth of gross sales for brands and sellers. E-commerce comes with not only growth and development but also risks and damages to people and their money. Delhi Police had arrested five fraudsters who busted a scam in which multiple fake e-commerce websites had been used to loot more than 10,000 people for more than Rs 25 crore within last three years. The Consumer Protection Act, 2019 (hereinafter Act of 2019) has incorporated chapters, provisions, regulations in order to curb malpractices, frauds and offences in this area and determine the liability of such misdeeds. For this purpose, the Consumer Protection (E-Commerce) Rules, 2020 are framed to give effect the Act of 2019.

During the pandemic, social media was the only means through which we were able to interact with one another. This extensive use of these platforms facilitated interactions during this period, but it also revealed a number of disadvantages associated with them. Because social media is a platform where no one individual is referred to as a producer or a consumer, and because everyone has the ability to share information with others all over the world virtually, these characteristics together have contributed to the recent growth in the number of cyber crimes. Efforts by the government to regulate these mediums have stalled, and social media platforms themselves are subjected to a number of unwarranted restrictions placed by the government on their policies, which are interfering with the rights of users and causing turmoil in cyberspace. On the subject of Information Technology Act 2001 and Amendment of 2008, this paper addresses the advances in law as well as lacunae that have been identified. It also includes a discussion of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and charges that have been brought against them. This study also examines theories of regulation, as well as how to regulate and not regulate social media platforms, among other topics. It also makes a recommendation for a Uniform Social Media Framework, which would eliminate the obstacles of territorial jurisdiction and differences in national laws that prevent offenders from being convicted.

All living things have genes that act as their foundation. Characteristics such as the colour of the hair and eyes, the likelihood to contract cancer, etc. are all controlled by genes. Their omnipotence is, therefore, a given. Gene patents are highly sought after owing to the ability of companies to make the best use of this omnipotence. Keeping other requirements of being patentable aside, various cases have tested the eligibility of human genes to be treated as ‘inventions’ that are valuable enough to be protected by patents under 35 U.S.C. § 101. The Federal Circuit held Human genes to be patentable in the landmark case of Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad decision). An approach based purely on structure has been chosen by the majority over the biological importance of the informational contents of the deoxyribonucleic acid (DNA) molecule. By holding that a DNA molecule, in isolation, is “markedly different from a natice DNA molecule, owing to slight differences in structure, the court has made an error in judgement. By doing so, the court has accidentally failed to acknowledge that both an isolated DNA molecule and the relevant portion of native DNA contain identical biological information due to their same sequence of nucleotides. The Federal Circuit ‘s approach reeks of bigotry. However, there exists an alternative, more comprehensive approach that perceives the structure of a DNA molecule by considering the two significant properties of DNA together. By taking a totality-of-the-circumstances approach, this paper aims to analyse biological molecules under § 101 for both aspects, the structure and the information underlying in it. Germane precedents of patent law have been discussed and critically analysed in Part A. Part B digs deeper into the Federal Circuit’s decision in the landmark Myriad Case. Part C explores the after effects of the recent Supreme Court judgement in Mayo Collaborative Services v. Prometheus Laboratories. Part D, lastly, solves the conundrum revolving around the eligibility of the human gene. Eyeing the issue through the lens of a totality-of-the-circumstances approach, this paper ultimately concludes that human genes are, in fact, not patentable.

Acid Attack is one of the most hurtful and destructive crime against women. It not only causes physical pain due to burns and wounds but also torchers the victim mentally for years or even lifetime. In a country where a whole majority prays to female Gods and regards women as Devis, such acts are done with reasons such as one-sided love, jealousy etc. Acid Attack need not be just against women but the statistics show it as a crime against women as the harming a woman’s facial features seems as a vengeful act to the culprits due to the beauty definitions of our shallow society. Thousands of women have suffered from this disgusting crime in our country which has left them feeling ugly, scary, lonely and damaged and has even led to suicide. This act seems so easy for the doer while the victim suffers such mental and social torment. What’s worse is that acid is so easily available in the market and is a common product among households for cleaning and other purposes. Hence, anyone who plans to do so can easily purchase or just pick a bottle from the house for such a purpose. While on the other hand, the victim has to suffer as well as fight for justice as per the hefty procedures of our legal system. The burns not only affect how one looks but have even led to such high degree burns that have caused visual, respiratory and other issues to the victim that even led to permanent disabilities. There have been many cases that have brought changes to the harsh reality and the development still continues. Various laws, guidelines, judgments etc. have brought in changes and helped the victims and there still is a lot to be done. The goal needs to be more than compensating the victims for what they suffer as no amount of money can actually compensate for it. The easy access to acid, the delay in compensation leading to further troubles in treatment, the society’s shallow beauty standards, the disgusting mindsets of the attackers and various other problems are to be addressed to. While some victims further become victims to the system and society, there are many others who have begun a war against this and are supported by the society as well. What has been done might be a lot but what has to be done is even more as the crime involves all aspects including social, personal, physical, moral etc.

The law of nature states that anything invented or discovered comes with its characteristics which involve both- the desirable and the undesirable goals which range from water to fire or two extreme vices. Having a desire to master the proficient side of any invention, people are also vehemently leaned towards learning the other- the bad aspect of the same. Internet was invented to assist the people but in present times we see that cyberspace is being misused vividly across the globe. According to Harvard University, cybercrime is an amorphous field and can be defined as any criminal activity that pertains to or is committed through the use of the Internet. All over the world, the notion of secure cyberspace has remained significant but has not been addressed properly due to its wide scope of accessibility. Crimes today are not just limited to the real world but have also emerged virtually with more and more forms of cybercrimes coming up these days as a result of the advancement in technology. The cases of victimization on the internet are elevating at a rapid speed because there is no coordination among the nations on the same issue at a global level. In the new normal, where most of the people are working from home, controlling cyberspace via effective laws remains an underrated topic because the main focus is controlling the spread of viruses along with boosting economic activities. In an ever-changing society, it is imperative to balance the right to the internet with other fundamental rights because nobody deserves to be a victim of cybercrime. This paper attempts to understand the nature of cybercrimes and also addresses the problems faced while reporting such forms of crimes. This research paper could help analyze the understandings of the youth concerning cybercrime as they are the ones who are most active on the platform of cyberspace. Further, this paper could help in measuring the effect of victimization of women on the internet and also the problem faced by them while reporting virtual crimes.