Volume V – Issue I / 2022

There is no specific legislation with respect to the issue of live-in relationship in India. There is no institution to set out the privileges and responsibilities for the parties in a live-in relationship, and for the situation with children brought into the world to such people. The Indian law doesn't give any rights or commitments to the parties to such relations. Moreover, India is considered as the nation which is strict on the traditions. The society is comparatively of a conservative mindset. Marriage remains as the socially accepted relationship between two opposite sex individuals who want to cohabit together. Despite being in such confusing status live-in relationships are choice of many couples living in the metropolitan cities. This continuous tussle between the society and individual’s perspective has been going almost a decade now. The present paper is concerned with the sociolegal position of such relations and impact of them on the society.

The sentencing process in India towards children is very lenient. The role of the court is to impart justice. Once the trial is over, the decision of the courts comes out in the form of punishment to convict or if the court is satisfied that the accusation of a person fails then they acquit the person. The treatment offered to children is in the form of admonition, probation, and sending a person to correction home. Beyond this is fine, restitution and compensation are given as alternatives to sentences. In sentencing process, lower degree of punishment is a rule and higher is exception . The court should see the severity of the offence committed and give preference to the lower degree of punishment. If the court observes that the punishment has two options of giving imprisonment and fine, the fine to be given first preference. When the nature of offence is grave and the demeanor of the offender demands more punishment than fine, then the judge should think about the alternative punishment for the offence. While awarding higher degree of punishment, it is duty of the court to give reasons for not awarding lower degree of punishment. It is not only the duty of the court to give preference to lower punishment, but it is the right of the accused as per fixed by law. There is a presumption of not awarding more punishment than prescribed by law. The punishment for the offender is decided on the basis of the prescribed set of rules and not beyond that. Whenever there is an alternative punishment then lower degree punishment to be awarded is a rule. The nature of the offence should be taken as a measure for deciding punishment whether to be deterrent, preventive, reformative or rehabilitative punishment. It is very important to understand the antecedents of the offender before awarding a sentence. It gives age, education, family details, health problems, addictions and previous convictions of offenders.

The objective of education is to mold an individual in such a manner that it would bring out the best so that they could supplement societal growth. Education system in India has evolved over time. Earlier Vedic Education was different from the contemporary system. India since her Independence in 1947 has seen the emphasis on the value of Education. From the first enactment of the Constitution of India till the Right of Education Act has been the example of the Government's seriousness on the issue. Education in India and all over the world is considered as the tool to remove unemployment, improve standard of living and reduce poverty. When it comes to the question of marginalised weaker sections of the society, education becomes more paramount. The Constitution of India created the right to education as the fundamental rights of every citizen. However in spite of this constitutional guarantee there still exists a strata of society which have been disadvantaged due to some disability and are left without education and this creates the need for a system of Inclusive Education.

Screenshots of chats from an Instagram chatgroup known as the Bois locker room surfaced on social media in May, 2020.As reported by the police, the members of the chatgroup were boys (mostly in school), who used the chatgroup to share morphed pictures of women (including those of minor girls), made objectionable comments on women and glorified rape. With the increasing use of Internet by juveniles in India and the world in general, they are vulnerable to both victimization in cyberspace and turning into cybercrime perpetrators themselves. As juveniles increasingly come in conflict with law in cyberspace, often unaware of the ramifications their actions, it is pertinent to understand the phenomenon which leads to this. This paper presents a theoretical analysis of the causes of cybercrime by juveniles in general and the bois locker room controversy in particular. Theories of crime applicable in cybercrime context such as neutralization theory, routine activity theory and social learning theory are used for this purpose. In addition to these, Space Transition theory developed specifically to study cyber-crime is also used for analysis in the paper. The paper further attempts to proffer possible and pragmatic suggestions to deal with the issue.

India a diversified country with unique geography, culture, religion, linguistic, race etc. The Political document of independent India lays emphasize on secularism. Religion is the essential part of Indian culture which is intertwined in every aspect of our society. Secularism is the principle of separation of state from religious institution which is enshrined in the preamble of constitution. On the other Uniform Civil code which is one of the directive principles of state policy connotes the idea of uniform civil rules regardless of religion, race, caste, sex. Custom one of the important sources of personal laws of each religion, governing human conduct and civic life such as marriage, succession, adoption, divorce. The arguments which are favoured towards implementing UCC is it promote national integrity and gender equality. India going to step into 75th year of Independence but still facing communal violence based on contradiction in religious ideologies, religious persecution, religious discrimination. It is also important to analyse the feasibility of implementing Uniform civil code and what is the need and importance of such code in India. Therefore, this paper tries to analyse whether uniform civil code is against secularism or in favour of secularism. Moreover, it is the need of the hour to analyse whether there could be a balance of approach between freedom of religion and secularism and uniform civil code.

Good governance is fundamentally a combined concept which includes transparent andaccountable public institutions, strong; decisive and competent Government machinery, and fundamental attitude of Public Servants to do right things and people to claim their legitimate rights. The above things enable a Government to proceed in right path and deliver facilities and services to the common people efficiently who pay taxes for them. Good governance depends upon the mutual interaction between stakeholders in Governance i.e leaders, political parties, bureaucracy, parliament, judiciary, private sector, civil society, media, and common people and their interests. Transparency and accountability of Government machinery coupled with informed citizens not only reduces corruption but also acts as Life Blood of Good Governance. The RTI Act, 2005 is a quantum leap forward for realization of overall good of the common Citizens at larger. Right to Information encompasses within itself the right to access information, right to participate in affairs of the Government and administration, accountability and transparency in formulation and implementation of public policies, predictability in actions of public servants and responsiveness of Government machinery towards common people. Right to Information and Good Governance can be considered as two side of one coin as RTI ensures participation of common people in Governance of State which in long run bring Good Governance by enhancing the quality of Governance. Thus, with this background an attempt will be made in this paper to study the role of RTI Act in promotion of good governance and how far the same has been successful.

The phenomenon of bullying is a contributing factor to teens committing suicide. Teen suicide is one of the prominent causes leading to commitment of suicide amongst youth through cyber, family, workplace, school, body shaming, college bullying. This research paper explicitly highlights some of the recent suicidal attempts amongst the youth faced due to various bullying mediums. Furthermore, this paper focuses on some of the preventive measures, detection techniques through which this issue can be addressed to a considerable extent. An attempt has been also made to put light on legal awareness by which bullying attempts amongst youth can be taken care of. In addition, the statistical data in this paper show figures for specific states, and the alarming increase in suicidal incidents among youth in India is equally troubling.

The destructive and suffocative practice of manual scavenging prevails foremost in India and several parts of South Asia. The method involves “manually” or hand-operated removal of the excrements, feces, and sewerages from an unhygienic, and contaminated open place, pit, or toilet. Manual scavenging in India is fundamentally concerned as a caste and class-based differentiated and inherited profession. The practice, already been banned in India is still pervasively in execution till the present era covering most parts of India. The application of manual scavenging in the country is primarily a caste-based, age-old routine involving scavengers from a “particular community” people belonging to which are inherited the profession of such nature. The worsening conditions of scavengers day by day and unavailability of sufficient rights and recognitions from the law regulating the society is a worrisome and perturbing issue in today’s era which remains unaddressed. The perception of being an “untouched” community, the discrimination, the humiliation, the ill-treatment which people practicing the profession are facing has resulted in an unbalanced, biased, and exploited human society to live in which has no parallel in human history. The eradication of the practice can only be done by strengthening the legal pillars of the country while ensuring appropriate protection of the rights and lives of people involved in the concerned profession. This article aims to introduce and bring consciousness on the subject of roots, causes, and genesis of Manual Scavenging with diligent analysis, and promotes, recommends, and propounds advanced technological driven, socially as well as legally pertinent solutions to it.

Legal business and transactional procedures had traditionally shied away from using modern practical applicability’s which had thereby tried to continue with the traditional activities of raising finances. With the advancement of investment techniques and increasing market and economic forces, individuals have started investing in a new and unique venture thereby resulting into the formation of special purpose acquisition companies. This considering the fact that company law by itself inculcates interdisciplinary jurisprudence as it touches all aspects of our lives and therefore, when imbibed together, we saw various leading developments in the sectors of mergers and acquisitions. In regard to this, the introductory part of the paper shall focus on the historical and developmental ambit of the SPAC and the evolving stages of it in the societal dynamism against the means of traditional IPOs. The second part of the paper shall focus on to the implications of the cross-border SPAC, thus focusing on the nuances involved in it, and the third part shall deal with the existing challenges within the system and the gap which are being laid thereby, due to the inadequate legal position, thus examining the preparedness and future approach of the Indian regulators towards SPAC. Fourthly, the focus shall shift to the global scenario in relation to SPAC, whereas the last part shall highlight on to the benefits which a SPAC receives as result of listing on IFSC Stock exchange, therefore concerning upon the probable advantages and disadvantages, and the conclusion.

International human rights law and international commercial law are based on the same principles. Their role in promoting peace and stability between countries is well recognised. As a general rule, both are the result of the post-World War II years. As a reaction to the egregious abuses of human rights that occurred during the two world wars, particularly World War II, and which were generally blamed on economic considerations, the international community established the Human Rights Council. In the interwar era, international trade relations were marked by the emergence of protectionist trade policies. The worldwide economic and political consequences of implementing these measures were substantial. Retaliatory actions by trade partners damaged exports substantially as a result of protectionist policies.

Privacy is a Human Right as well as Fundamental Right in India. It includes human dignity and other values also like Freedom of Speech and Freedom of Association. It is also protected in UDHR, ICCPR, and many other treaties. Nearly every country in the world adopts the Right of Privacy in its Constitution. In Indian Constitution, there is no specific article for Privacy but due to judicial advent, it includes in article 21 of the constitution. The maker of our constitution knew the immense power vested in the print media, therefore they include article 19(1)(a) from article 19 of UDHR and this right is also reflected in article 19 of ICCPR. Due to the emergence of media which is one of the most reliable and relevant sources of information and awareness for the public in the modern age, the privacy of the individual is often harassed and infringed. In modern scenarios media is going to write stories from their own biases and negligently or heartlessly encroach the private lives of individuals which is against "ethical journalism". As a result, there is a need to protect the right to privacy on a higher footing about Press.

The Art of interpretation: a multitude of inferences in Franz Kafka’s ‘Before the Law’ is a piece that talks about the interdisciplinary intertwine between Literature and Law by basing it on Franz Kafka’s infamous piece ‘Before the Law’ and how Kafka uses the form of a parable to depict the several possible interpretations possible in both Law and literature. The paper also simultaneously discusses the boundaries between Law and literature whilst talking about how they are essentially the same, though conflicting in certain areas. Both deal with idealizing humankind and society, but there is more emotion in Literature while there is more reason in Law. The story of the man who is trying to enter the door of law, but eventually fails and reaches a stage of complacency and the rugged gatekeeper who denies the man’s access to Law leaves readers with the quintessential delineation of the relationship between a common person and the Law in reality. The yearning for ascending the borders of the law is luminously present, but crucially in Kafka’s parable, the man does not unshackle himself; he denies life by waiting his entire life before the law. In essence, this essay will cover the role of a parable in conveying the relationship between literature and Law and how both are an open door for interpretations.

People are becoming more aware of the significance of human rights in the modern world. There was a time when the United Nations' Universal Declaration of Human Rights was considered the most essential document articulating fundamental equality and human dignity. Every person on the planet is permitted to have the same fundamental rights and freedoms as they were born into this world. Human rights are sacrosanct and regardless of a person’s place of origin, beliefs, status, etc., these rights are available all the time. These rights are inalienable, but they can be limited for many reasons, such as when you break the law or if it is in the best interests of the country. Human dignity, fairness, equality, respect, and independence are the cornerstones of these essential rights. There are many ways in which the law defines and protects these values. The guard of human rights relies heavily on international law. Governments must first secure international support and pressure before enforcing restrictions on the rights of people or groups. It's especially true when it comes to freedoms that are more difficult to obtain without international support and pressure. International human rights treaties and other papers have been signed since 1945, creating a major body of international law that is still in existence today. Some of the most important international organisations, like the Human Rights Council, the UN treaty bodies, and the Council of Europe, keep an eye on and monitor their implementation. Countries that have committed to adhere to the terms of an international agreement are legally obligated to do so. Treaties are signed by the Indian Government and ratified by Parliament, which means that the country is legally bound by all of its obligations. Human rights are the very crucial elements of the Equality and Human Rights Commission's role, which includes an international dimension.

HIV/AIDS is a sexually transmitted disease that has stigma attached to it in our country. It is a violation of the right to privacy guaranteed under Article 21 of the Constitution through various judicial pronouncements if any hospital reveals the identity of the patient and nature of his/her disease to any third party without the permission of the patient. Under Article 21, Supreme Court has also guaranteed the right to public health through judicial pronouncement. Under the right to public health, the state must ensure protection to the people from the spread of HIV/AIDS in the country. When a person marries, it should be his/her right to know if his/her partner is suffering from such sexually transmitted disease or not. The state cannot deny that person’s right to health to protect the right of privacy of the person suffering from the disease. To make an informed choice, they must get the right to information as a constitutionally guaranteed right. It has also discussed how the right to information is a fundamental factor for a democratic country. Supreme Court has pronounced in judgment that Article 19(1)(a) which talks about the right to freedom of speech and expression also includes the right to information. When Court guarantees two distinct rights to the people which are contradictory to each other, the judiciary must strike out a balance between the two. Whether public interest overshadows the Right to privacy guaranteed under Article 21 of the Indian Constitution. We will refer to international law or principle to decide on the choice between the right to privacy and the right to know. If we want that right to health and information should be kept above the right to privacy, we need legislation governing this to protect the public right. The need is to create a fine balance between both rights.

This academic paper revolves around the primary principle of Revenue in Private International Law. Dicey and Morris, in their book “Conflict of Rules”, mention the revenue rule as Rule-3, which is, as established by English law, a rule that forbids a state's revenue authority from bringing a legal action in a foreign court to assert or impose its revenue, whether explicitly or implicitly. Dicey asserts that it is the tradition that a country's courts will not impose another country's penal or tax rules. The precedent for the law can be found in the case of Government of India v. Taylor. In this academic paper, we will delve further into this very rule of Private International Law and see its implications through various case laws and the modern conventions and treaties that will serve as a turning point in this rule in the upcoming times. Lastly, we shall look for case comments and conceptual implications to better understand and overall perspective of the principle.

Research is a process of collecting information about a subject and then analysing it for enhanced knowledge with the use of different methods or techniques. These strategies or techniques construe what is known as ‘Research Techniques’. Generally, the law follows the techniques of social sciences research as the base. However, the sources referred while undertaking the research increase due to complex laws and legislations. The most popular method of legal research is Doctrinal Research, where the researcher without stepping out in the real world, analyses the laws, legislations, case laws, amendments and other documentary pieces of evidence to conclude on a research problem. The sources of legal research can be categorized into three divisions and the evolving technology has given it a digital shape. The availability of these sources at multiple domains and collating information is a major challenge for a legal researcher. The academic institutions play a vital role in providing access of these resources and training their students for the same. Bar Council of India mandates the institutions for inculcation of Information Technology in providing legal education as per the Legal Education Rules of 2008 later revised in the year 2020. The majority of the resources are available digitally and thus require accessibility. But does a researcher go on subscribing to these resources individually burning a hole in the pocket? Looking into these considerations intellectuals of the world came up with different initiatives to promote open access to scholarly literature. The legal fraternity also took on the initiative of open access initiative but was a bit delayed compared to other disciplines. The open access initiative has taken over by storm and many intellectuals and legal scholars are contributing for the same.

Bharti Shroff executed her will in 2012 where she had specified that if her will is challenged Cyril Shroff would disinherit from acquiring any of her assets. Later, in 2014 she executed a codicil and completely disinherited her son Cyril Shroff. The dispute between the brothers arose as the family had entered into a family arrangement in 2001 according to which the assets of Bharti Shroff were to be divided equally between them upon her death. This article examines the validity of No-contest clauses in a will and whether Bharti Shroff could have executed a will despite. The existence of a family arrangement. It is concluded that in-terrorem clauses are invalid as there can exist genuine and probable cause for challenging the will and this cannot be termed as suppression of intention of testator. Additionally, family arrangements cannot be revoked unilaterally unless they have been so decreed by the court. Any subsequent attempt at framing a will cannot be recognized, as family arrangements are legally binding instruments of law.

The Right to Privacy and technological advancement have produced a condition of great strain and conflict. This study examines how progress necessitates fresh perspectives on the nature of such a right. The extensive gathering of data, along with the intrinsic benefits of modern tech, has generated the cynical notion that privacy is gone, and we should just accept it. Private information is no longer private since it has been taken or accessed through a variety of techniques, including data mining, phishing efforts, malware distribution, botnet assaults, and credit or debit card theft. People are attacked as a result of the use of these data, with the most common methods being blackmail or revenge porn. The Indian Penal Code, Code of Criminal Procedure, Information Technology Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, and The Protection of Children from Sexual Offenses Act, 2012 are all significant legislation to be aware of.

The clash between trademarks and geographical indications within the prevailing intellectual property rights environment is a hotly debated but contentious topic. The countries have rejected the previous answers to the problem, and various attempts to discover a universally acceptable solution have been made. The prime area of conflict arises when the phrase used as G.I. might have been used as a trademark; there is a contradiction between trademark and G.I. The researcher seeks to address the issue of trademark, and geographical indication overlaps in-depth and provides potential remedies. The study focuses on the issue of trademark and geographical indication overlap, and thus researcher attempted to define the interrelationship between these two I.P. domains, as well as discusses the prime areas of overlap. The researcher further analyses the problem and brings forth a set of approaches for its resolution.

Every third woman has suffered from various forms of domestic violence since the age of 15. Domestic violence has been one of the major infringements of women's human rights across India since time immemorial. Post-independence, there have been several movements against the Act of domestic violence. The term' domestic violence' has gained a wider perspective with the change in time, situation and circumstances. Domestic violence is not just physical, sexual, verbal and psychological abuse but also includes economic, personal, anthropological and human rights perspectives, which have been established through various judgements. Lack of awareness of remedies, low literacy levels, the dominance of the male gender in society, the fear of consequences of raising your voice, irresponsible and unaccountable bureaucracy, and various other causes have led to the problems of domestic violence. Statistics and various reports have shown that 37% of Indian women suffer from physical or sexual abuse in their lifetime, majorly in rural areas. The state or the Government plays an important role in tackling and providing support to women who face domestic violence in any way. As stated by the United Nations Declaration on the Elimination of Violence Against Women, the state shall "pursue by all appropriate means and without delay a policy of eliminating violence against women and to exercise due diligence to prevent, investigate and as per national legislation, punish acts of violence against women, whether the State or by private persons perpetrate those acts". Similarly, India has enacted many legislations to curb the same. Several constitutional provisions such as Article 14 and Article 21 of the Indian Constitution, including the Preamble itself, uphold women's rights.

Independence and impartiality of an arbitrator are the hallmarks of any arbitration proceeding. The efficacy of the arbitration procedure is rooted in the quality of the arbitrators. However, in the multidimensional scope of international commercial arbitrators, often partisan tendencies arise, leading to 'conflicts of interest' in the arbitral procedure. In this regard, the International Bar Association (IBA) has coined the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration, serving as a soft law instrument to examine potential circumstances leading to conflicts of interest. Furthermore, the paper dwells on the applicability of the said IBA Guidelines to harmonize standards safeguarding the independence and impartiality of the arbitrators. In conclusion, the author seeks to illustrate the notions of independence and impartiality in international commercial arbitration and best practices that cater to them through this paper.

Bio-medical waste and its impact on environment never received so much attention as it is receiving now, the virus has poised itself as a catalyst to economic, societal and environmental deterioration. The hospitals are indispensable and the life-saving character of medical instrument’s cannot be denied, but when they are dumped without proper treatment it’s ecotoxicological effects cannot be overlooked. On one hand the world is trying to recover from the pandemic without realising that they are paving way for another. As of today, the bio-medical waste is the flagbearer of exacerbating plastic pollution. Lives are at stake but should it be saved at the cost of our environment or are there more efficient ways to address these issues? This research paper aims to provide an overview on the impact of rising bio-medical waste in environment and the need for remediation strategies and judicial management of the bio-medical waste.

Ground water is one the Nation’s most naturally available resources. The current scenario as to that of India in this regard to the availability of water is a paradox. The main factors of water crisis which are at worse include drained and contaminated aquifers, drought, etc, which are due to over consumption. The depletion of groundwater is at unsustainable rates. The severity of groundwater contamination is dependent on dumping of industrial wastes, landfills and high concentration of fertilizers and pesticides over the years. These contaminations are aided by the standard of nitrates, fluorides exceeding the limits which are used more than the permissible limit in more than 50% districts in India. There are only few States in India which has enacted groundwater legislation in specific. The laws which are being formulated are only applied to certain restricted areas, thereby they lack effectiveness. The adoption of comprehensive water laws is fatal and need to be constituted for ensuring proper management and conservation of our water resources. Utilization of water must be properly enshrined so as to conservation of water. Ground water management must go hand in hand with issues concerning to contamination as well. This paper discusses on whether right to clean water is to be made as a fundamental right in our Constitution. In addition, the groundwater crisis, issues relating to contamination of ground water, improved technologies to recharge the groundwater and techniques to get rid of contamination are being discussed.

India today stands as a trillion economy. Indian trade history is remarkable. Indian trade has benefited and so has the world. The country has realized that at the end of the day, maximizing use of one’s own resources is what makes all the difference. Now India is one of the fastest developing Nation in the World Trade Market. Darjeeling tea, Indian khadi cotton, Kashmiri carpets, Indian spices and dry fruit are just a few of the famous gifts India has given to the world. The economic levels have improved in the urban and semi-urban areas. Literacy is penetrating deep in to even the far reach areas, thus creating awareness and to higher consumption patterns for all kinds of goods across all sections of the society. Promoting the availability of goods from different parts of the world has seen a rise in more trade with other countries.

Jurisdiction is the territorial area of authority to hear and judge cases. The internet, however, has no territorial boundaries: it is a virtual world of interconnected computer networks, known as cyberspace. Today a world cannot be imagined without the internet connectivity which has become a basic necessity of a human being. This global network has made the life easier through its immense contribution in communication and information sharing. It is playing a pivotal role in almost every field of life either its education, business, politics, medicine, infrastructure or science and technology. To fully appreciate and comprehend this issue, we first need to understand the jurisdiction issues arising in an offline environment in India in criminal cases and the body of law applicable to ascertain jurisdiction. Then we proceed to apply the same rules in a cyberspace environment and assess the difficulties.

The Paramountcy of technology was set into motion with the advent of internet. Cryptocurrencies are progeny of such technology and internet. The public's adoption and use of cryptocurrencies has skyrocketed in the last decade. Cryptocurrencies like bitcoin are virtual currencies which function in a peerless network thereby eliminating the need for intermediaries. Its specific technological features, combined with a lack of regulatory guidelines, generate significant tax complications. Although there is still a lot of misconception as to taxation of cryptocurrencies, countries all over the world has begun to note the issues involved and have started to implement the necessary measures to curb tax evasion. In case of India, The Blockchain technology opens up the realm of secure digital transactions in state. The Indian population has also shown significant interest in virtual currencies which is evident from the increasing number of investors and owners of crypto-assets in the country. Initially Indian government was unwelcoming of such crypto investments and trading owing to its ambiguous decentralised nature. There was even an umbrella ban on usage of cryptocurrency in the country. But with the advent of COVID-19 pandemic, investments in these virtual assets have taken over the global market like a tsunami, making cryptocurrencies an indispensable part of global as well as national economy. This had compelled the Indian government to step in and regulate the crypto market in order to ensure the economic growth of the country in par with other countries. The Indian government recently tabled a bill before the cabinet to regulate the crypto assets in the country. With things turning up better for development of cryptocurrencies in India, this paper deals with taxation issues in the crypto currencies and the complications involved among various stakeholders. It also provides an analysis of measures adopted by other countries which could help in framing an effective policy for taxing cryptocurrency in India.

In today's world, the judicial administration deals with rulemaking, quasi-judicial, and purely administrative functions. As a result, the values envisioned in our Constitution, as well as the principles of natural justice, must be applied in a way that strikes a balance between the interests of individuals and the interests of the authorities. When the country's highest court of justice performs administrative tasks, it must be done with the utmost care and prudence. The principle of "Nemo judex in sua causa" constitutes one of the main pillars of our justice system and dates all the way back to Roman Law that not only intended to prevent a potential law-breaker from condoning his errors by justifying the validity of his own acts but also, to preserve public faith in the sanctity and independence of the judiciary itself. For decades, the Chief Justices of Indian courts, most notably the Supreme Court, have had sole authority over assigning cases to the judges. The recent controversy pitting four of the Supreme Court's senior most judges against the Chief Justice of India has sparked a debate over the power vested not just with the Chief Justice of India, but also with the Chief Justices of several High Courts. The administrative power of the Chief Justice, particularly the power that dictates how the Chief Justice works as the Master of the Roster, is a topic of constitutional law governing the Chief Justice's position. So far, we have only witnessed a few conventions to regulate the number of administrative roles played by the Judges. This Article therefore, aims to highlight the constitutional conventions and their importance in the functioning of the country while primarily discussing role of the Chief Justice of India as the sole “Master of Roster” at the Apex Court of Law. The article subsequently highlights the comparison between the Principles of Natural Justice, the Rule of Law and the prevailing scenario, providing suitable recommendations to help the judiciary to keep up with its most crucial goal i.e., administration of justice.

Himachal Pradesh is known for its breathtaking pristine natural beauty, its sheer topographic diversity, architecture, snow-covered high Himalayan Mountains, temples, dense green deodar forests, rich flora & fauna, etc. and is regarded as a beautiful hill state. The Great Himalayan National Park (GHNP) is situated in the Kullu district of Himachal Pradesh. During the 38th meeting of the World Heritage Committee held on 23rd June 2014 at Qatar, the GHNP was celebrated as UNESCO World Heritage Site due to its 'outstanding universal values' adhering to the fact that the park has sustained the protection of biodiversity and nurtured rare natural beauty in the Western Himalayas. The park has been blessed with distinct biodiversity, flora & fauna. The Great Himalayan National Park (GHNP), Kullu, Himachal Pradesh, is one of the best eco-tourism destinations in the state. The GHNP organizes various adventurous activities like trekking, wildlife viewing, bird watching, Rafting, Climbing, Mountain biking, local sightseeing, etc. Stakeholders' involvement is very important for the execution and development of eco-tourism in the destination, and they provide the exact feedback about the improvements and developments in the region. The study is confined to the Great Himalayan National Park Conservational Area (GHNPCA) Kullu, Himachal Pradesh. The study explored the socio-cultural impacts of eco-tourism developments on the stakeholders in and around the Great Himalayan National Park.

The marine ecosystem plays an important role in the marine environment. Considering the fact that the marine ecosystems also have their effects on human existence, the need for protecting the marine environment, specifically the coral reefs, is crucial in the environmental protection jurisprudence. Over a million species depend on coral reefs for their survival, and coral reefs are a crucial part of the ecosystem for hundreds of thousands of people living in the tropics and subtropics. Moreover, millions around the world benefit from their socio-economic stability. However, fishing pressure, coastal development, pollution, and, most crucially, human-induced climate change have all posed a threat to the marine ecology, including the corals that live there. As a result, corals, a critically important ecological resource, are in jeopardy, and the ramifications of their extinction are far-reaching. In this regard, the paper has been apportioned into three sections. The first section sets out the tone by detailing the coral reefs and their impact on the marine ecosystem. The second segment of this paper examines and evaluates the implementation of the laws in protecting the environment. The final portion delves into summarizing the possible outcomes of this paper with suggestions.

The Patent Offices and the Courts of many countries such as the US, the EU, China, Japan have tried to interpret the existing patent laws to respond to the patent applications centered around AI being an inventor and has made some efforts to accommodate this massive breakthrough technology, but the Indian Patent Office or Courts have yet not taken any such initiative. This paper attempts to undertake a small step to see how capable the Machine Learning Model is in meeting the substantive and procedural requirements flowing from the issue of Inventorship under the Indian Patent Law. This shall be analyzed through the eyes of people from the field itself primarily, start-ups that have set their foot in the Indian AI market, IP Experts, AI-dedicated Scientists, and key Industrial personnel, to understand the practical nuances of this intelligent-looking technology better and analyze the probable "What Ifs" that shall come to the fore once the AI is supposedly considered a potential contender for the title of an "Inventor." The research is primarily mixed, adopting both doctrinal and non-doctrinal approaches to qualitatively analyze the issue about the intersection between AI-generated Technology and Patent Law.

Corporate fraud not only tarnishes the country's image and business, but it also has serious consequences for stakeholders, the stock, the company's employees, investors, and shareholders. "Fraud" is defined under various laws in India and the USA, which includes intentional fraudulent activities, not in consonance with corporate governance principles. In recent years, the world has witnessed an exponential growth of businesses as the world economy opened and ease of doing business was given utmost priority by the legislative branch, which focused on more attractive laws to create business opportunities but forgot about the aftermaths of a fraud which could happen and had no laws to prevent it. This paper focuses on 4 cases, i.e., the Kingfisher Airlines, YES Bank fraud, the Bernie Madoff Ponzi Scheme, and the Theranos Scandal. Corporate governance is a key component of how businesses operate. Poor corporate governance may lead to the demise of even the most profitable businesses. In India, The Satyam Scandal was the turning point in the Indian corporate governance regime. Various bodies like the SEBI have produced codes and rules on Corporate Governance from time to time, in addition to numerous acts and recommendations issued by various regulators. Meanwhile, in the USA, the Enron Scandal led to the "Sarbanes-Oxley Act," something that reflected shareholder protection from both a political and economic standpoint. For a good corporate governance regime in a corporation, the board of directors must meet regularly, sustain control over the company, be clear about their duties and obligations, and keep track of risk. Scandals and fraud are more likely to arise when directors and top management are not forced to follow a certain governance code. A better compliance mechanism by regulatory bodies, as we can see, what we have currently is not sufficient. The focus should shift from only investor protection to all stakeholders' protections, and an exclusive Corporate Governance code should be implemented.

Everyone has a right to good health. It pertains to both the Right of people to a certain quality of health and health care and the duty of the State to provide a certain level of public health in the community as a whole. The Right to health is intricately related to a plethora of other human rights, such as the Right to food, water, housing, work, education, and life, as well as non-discrimination, privacy, access to information, and the prohibition on torture. A major transformation in our approach to healthcare is required. Instead of seeing it as spending, we should regard it as a high-yield investment that may significantly reduce future out-of-pocket costs while increasing productivity. The proof is in front of us today, and we are experiencing its terrible economic consequences as we race to deal with a massive health crisis and a collapsing healthcare system. If the present healthcare model does not change, our children may end up in the same predicament. This is the time for a constitutional amendment to make health a fundamental right. India is facing a defining moment in its history, and our children will pay the price for our choices today. Before the constitutional amendment that defined it as a basic right in its own Right, the Right to education had long been seen as inherent to the Right to life. The primary school enrolment rate now exceeds 95%, a level thought to be unattainable 15 years ago. If health is recognized as a fundamental right, the whole health ecosystem will be strengthened, physicians and healthcare workers will be empowered, and openness, inclusiveness, and accountability will be ensured. It will also pave the path for particular laws, capable institutions, more significant budgets, medical training and research, wellness and prevention, and service outreach, generating tremendous confidence and optimism among residents.

Background: Recently, in 2019, two law students of National Law University, Ghandhinagar had filed a Public Interest Litigation before the Supreme Court of India under Art. 32 of the Constitution of India thereby, challenging the constitutional validity of Section 9 of the Hindu Marriage Act, 1955 (‘HMA’), Section 22 of the Special Marriage Act, 1954 and Rules 32 and 33 of Order XXI of the Code of Civil Procedure all dealing with the matrimonial remedy of restitution of conjugal rights. Objective: In lieu of the above, the author, in this paper seeks to understand the remedy of restitution of conjugal rights and the manner in which it has been misused by the spouses. Further, the author also seeks to analyze the constitutional validity of the said remedy in light of expanding scope of Articles 14, 19 and 21 of the Constitution of India and make suggestions accordingly. Research Methodology: The study undertaken herein is doctrinal research based on data gathered from articles, blogs, research papers, case laws, Govt. reports and academic-books. Reliance has also been placed on statutory and constitutional provisions to substantiate the research. Findings and Conclusion: Through the research undertaken, it was found that more often than not, the remedy of restitution of conjugal rights was misused by the husbands thereby, making it an outdated remedy not suitable for the modern and empowered India. It is worthwhile to mention that the said remedy has already been abolished in a number of foreign jurisdictions and it is high-time that India breaks free from the shackles of the patriarchal conception of a woman being dependent on a man and not having her own autonomy, keeping in mind that the said remedy is in fact violative of the fundamental rights guaranteed under the Constitution.

In vitro fertilisation (IVF) in India has a long and illustrious history, perhaps as long as IVF itself. Its beginnings were disputed, as was its later development. IVF set the groundwork for assisted conception treatment in India, as well as the battleground for lawful ownership of the first "test-tube baby miracle." It chronicles the debate over medical claims and counterclaims that appear to have arisen as a result of India's rapid expansion of assisted conception. Partner support is crucial in reducing the burden of infertility-related stress, and partner coping skills, while understudied, play a crucial effect on the other partner's ability to cope with the infertility experience, which has an impact on treatment success. Research, especially in low- and middle-income countries, looks at the psychological and social elements of male infertility. In our low-resource situation, a better knowledge of men's perspectives, expectations, and obstacles of reproductive treatment is needed. The article underlines that this divisive subject was mostly played out in the media, and it demonstrates that scientific credibility and reward are generated and attributed both within and outside the scientific field.

The directors have a responsibility to behave in good faith and uphold the fiduciary relationship's integrity. However, there may be times when the board of directors oversteps their jurisdiction or acts under the guise of the company's independent legal organisation. Furthermore, they are the company's directing minds, and any behaviour that is contrary to the law will be held accountable to them. As a result, some provisions requiring the director to be held personally liable for their actions must be included. The author of this paper discusses the need for incorporating provisions for a director's criminal liability, as well as provisions under the Company Law that impose criminal liability on directors, and the impact of the Companies Act's Decriminalization by virtue of the "Companies (Amendment) Act 2020." The author rejects the modification because it undermines and negates the goal of introducing penal clauses, which could be detrimental to the Company's long-term operations.

The research paper’s main focus is on one of the burning issues which are lately faced by India. It is ‘Mob lynching’. An angry group of people called mobs (generally major community people), killing or harassing a person or group of people (generally minor community people) physically in a broad daylight to send a message to the society is called Lynching. In general, if a major community feels like a mistake is committed by a minor community though it is not counted as an illegal act or crime in the eyes of law then, these people take the laws into their hands and punish them. This process is called ‘Vigilantism’. It is considered to be wrong as it shows disrespect towards the constitution and dilation of law. Basic concepts of Indian Constitution like secularity, equality and fraternity are infringed. Secularism in the country is questioned due to this kind of acts, because it is clearly visible that a person is discriminated on the basis of their religion and treated unfairly. The dominance of major communities clearly shows discrimantion and inequality towards minorities. According to Indian Constitution Fraternity means brotherhood, national integratination and leaves no room for regionalism, communalism, casteism or racism but mob lynching disobeys all the terms discussed. Terror is created in the heads of victims which makes them remain silent for all the injustice they face. This leads to violation of fundamental rights ‘Right to Equality and Right to Freedom’ are the major rights which are violated. Even after many protests, revolutions and riots it is still prevailing. Many campaigns took place to spread awareness among people and show how it is bad thing to do and the negative outcomes of Mob Lynching it is still prevailing in the society. Measures are taken by the government and new laws related to this are implemented to control and maintain sustainability

The principle of the precautionary principle was defined in the Rio Declaration under Principle 15 that “where there are threats of serious or irreversible damage, a lack of scientific uncertainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. This principle helps lawmakers take immediate proper preventive measures against activities harming the environment. However, in recent times, it has been observed that there has been an inconsistent approach by the court while enforcing this principle. Such inconsistency has caused a massive impact on the precedents being used to adjudicate and has resulted in enormous confusion regarding the proper application of the precautionary principle. The authors will try to explain and critically analyse the precautionary principle and its interpretation in this paper. We will be critically analysing the principle’s application in the case of Vellore and Narmada Bachao Andolan (NBA case) and observing the different interpretations given by the court. We will be analysing the reasons behind such different interpretations and also be analysing other cases where the court used the precautionary principle to show that there has been an apparent inconsistency in the approach taken by the supreme court regarding the application of the precautionary principle.

The Concept of royalty is generally a periodical payment to be paid by the user of the assets. It is made in exchange for the proper use of another party’s property. The royalty payments received are considered to be income. i.e. this payments likely to incur taxes. Currently India has seen lot of cross border transactions which results in the payments of royalties to foreign nationals or foreign companies. The increased globalization and growth of information technology also increased the import of software technology services and other intellectual property. The focus of government on the socio-economic development coupled with all round development of various sectors also increased. Therefore the country is faced with more challenges to import the necessary intellectual property and it has resulted in increased outflow of payments in the form of royalties. With the growing technologies, taxing computer software under royalties is an unending controversy. There are no specific provisions under the Income tax Act,1961 that specifically deals with the taxability of income that arises from software related transactions. The taxability of income related to software that arises in an international transaction is ruled by general taxation principles, concepts and provisions of the Act. It is a never ending issue on whether software related payments which is made by a resident to a foreign recipient is in the nature of “Royalties” or “Business Income”.

NFTs and metaverses aren't obliged to them. The headways in these fields will prompt more impetuses for "play-to-contribute" gamers, which he asserts have had almost no motivation to make and contribute separated from individual sentiments or self-articulation. It additionally accepts that leap forwards in symbolic economies and NFTs would add substantial motivators for players to complete and foster client created content (UGC).

The rule of law serves the joint aim of development processes of state-building and peace-building. It is the true basis of a democratic society; democracy will become an empty phrase without the rule of law, but it cannot exist without a fully independent judiciary and due regard for the judiciary by other two pillars of State, namely legislative and executive. This regard and Independence can be achieved through horizontal accountability, which is nothing but the capacity of the state organization to check the abuse of power by other state organizations. Basically, the cornerstone of the rule of law is the separation of powers between the state bodies. This paper will mainly focus on the role of the judiciary in the context rule of law; also, the paper will look into the facts that whether or not the governance in the exercise of its powers remain limited in regard to fundamental freedoms while comparing the situation of the rule of law in India and Pakistan. Same time the paper will analyze the impacts of a mere theoretical form of the rule of law on one side to its adherence on the other. Also, the paper will reflect how accessible is civil justice to people and the status of representative governments in the two countries.

The Corona Virus Disease or Covid-19 is a respiratory disease caused by the coronavirus and is spread through discharged droplets of saliva when a person sneezes or coughs. In pursuance of curbing the spread of the disease, India, along with other nations, declared a nationwide lockdown in March 2020 to ensure people quarantine themselves and reduce the rate of spread of the disease. The central Government took this measure under the National Disaster Management Act, 2006. While it helped reduce physical contact amongst people, it led to a curb in the movement of people and the right to dignity, thus impeding into the domain of fundamental rights provided under Article 21 of the Indian Constitution. Since all the activities have come to a standstill, the pandemic led to economic deterioration in an economy, especially shedding light on the deplorable condition of the migrant laborers of our nation. The measures taken by the Government seem to impede the revered fundamental rights of the citizens of the country, bringing into question Part III of the Constitution as well as Part IV with respect to the role of directive principle of state policy and the influence they have on the State when they attempt to deal with such emergencies. The executive and judiciary have been put in a dichotomous situation wherein, on the one hand, the executive is making laws in order to provide relief to the situation created by the virus. On the other hand, the judiciary is making efforts to ensure that the State does not curtail the fundamental rights of the citizens. The paper attempts to understand how the pandemic has influenced the decision-making power of the Government, to what extent they have taken the help of directive policies, and how far they are justified in impeding a citizen's rights. It further highlights the legal recourse available to citizens to ensure their rights are upheld.

As the world still pursues to grapple with the COVID-19 pandemic, prerogative discourses across several nations have generated concern well about the health and wellbeing of the more marginalized communities who prefer to be at once more encumbered and far less recognizable in moments of crisis. For the entire world, Covid-19 was a major challenge. The Covid-19 pandemic impacted millions of people, both economically and physically. Each individual had been in danger of becoming infected worldwide. Prisoners, on the other hand, have been the most impacted, as they share a single communal area, which is the prison. This research paper explores the entitlement of India's pandemic-era inmate population, along with the refraction of architecture, capabilities, and sensitivity of these factions. It will also explore the rights of prisoners during Covid-19, as well as a comparative analysis of India and other countries. The Article also assesses the effectiveness of decongestion strategies by examining the criteria established by the High-Powered Committees of States for discharged prisoners. This Article will also explore the execution of the right to bail for inmates during COVID-19. Lastly, it accentuates the importance of correcting the flaws and makes references for revamping the criminal justice system to protect inmates' right to health and life.

Transgender or people whose gender identity or gender differs from the sex that they were assigned at birth are generally a class of subalterns. They are deprived of even basic and most fundamental rights by different societies. Indian society is also not different. In India people are forced to behave according to the gender constructs which is too narrow and closed. Thus transgender who falls outside the binary classification of gender as male and female are crushed by the cogs of Indian gender norms for years. They are forced to hide their actual gender notions and behave according to the sex they were assigned at birth. This will leads to a traumatic life for the third genders. Gender othering is unbearable when it turns out to be a weapon capable of even taking the lives of transgender. Though many raised their voice against the injustice shown in different realms, the utterance is never fully heard by the society. Thus the research entitled Unveiling the Utterance of a Subaltern Class: Analysis of Selected Transgender Autobiographies from India tries to analyse through the support of selected transgender autobiographies various forms of oppression faced transgender as a subaltern class even today. Design/ Methodology/ Approach: The research takes the support of qualitative methods for study. It will be a qualitative analysis including textual analysis, in depth study, close reading as well as interpreting, comparing and contrasting the primary sources chosen for the study. Data for the research will be collected with the help of library resources and online sources. Different articles and books relating to transgender autobiographies from India are carefully read and analysed for the research. Subaltern theory which stands for understanding the society through conditions of subordination of people belonging to the different caste, class, age, gender, race and so on is taken as a effective tool or instrument for analysing the selected autobiographies. Findings/Results: Even now transgender continues to be a subaltern group in India and this is a serious blow on the face of democratic India. Thus a research aiming at addressing the long unheard and silenced voices of transgender and trying to uplift them from their marginal positions to the mainstream is highly essential for India. The research entitled Unveiling the Utterance of a Subaltern Class: Analysis of Selected Transgender Autobiographies from India therefore aims at bringing about a change in subaltern status of transgender in the Indian society. For this, various issues faced by transgender community in India will be addressed with the help of selected autobiographies by transgender themselves and solutions will be offered to wipe out their agonies. Originality/Value: Possible solutions for safeguarding the life and dignity of transgender community like institutionalising the category called third gender along with the traditional binary divisions of gender, realising the legal support for trans community, authorising transgender rights, punishing heteronormative assumptions and violence against transgender will be suitably suggested. Changes which can be brought about in socio-economic, political and legal levels within India will be suggested to raise the transgender from their present subordinate positions.

The Cyber world is ever-changing, growing fast and makes almost anything accessible at one click of a button. It has created many opportunities and made communication easier and people from different parts of the world have access to each other instantly and remotely. Cyber forums are proving to be accessible. Electronic data is a relatively secure data today. Ironically, electronic data can be very dangerous, if leaked. Cyber Law aims to regulate the use and prevent the misuse of electronic data. Cybercrime and fraud constitute a major part of organized crime, known as the ‘white collar crime’. It is very difficult to prevent or investigate as criminals at work are experts in the trade. They are smart, trained and most of the time educated and make sure they do their best in the trade. Cybercrime can have economic, social, and political repercussions. This paper is about those online worlds with its advantages and disadvantages to society.

The Insolvency and bankruptcy Code, 2016 accord a procedure for resolving the insolvency of corporate debtors within the time period of 330 days called the corporate insolvency resolution process. Financial Creditor assesses to the authority if Debtor’s business is viable to continue or if other options for revival or rescue of debtors are available. In case this Process fails or the Debtor’s business cannot be made profitable and need to be wound up then the debtor will go for liquidation and assets of debtors are realized and distributed by liquidators. This paper aims to understand easily the concept and legal provision of the CIRP Process which seeks to provide resolution to a Corporate Person in case of default is made in making due payment. In India, this law helps to redeem a business by immediate termination process without further reduction of the value of the goods. The code contains an administrator, debt management experts, information resources and judicial systems to help speed up the debt settlement process too thus leading to the creation of a new institutional framework compared to the original. It is the work of the debtor to begin the process of resolving fraudulent debts against corporate debtors.

The basis of the existence of a contract is an agreement between the parties. No contract can therefore be concluded when there is no contract. Hence, consensus is the very first step in establishing whether or not a contract has been concluded between the parties. Consensus is one of the requirements of a valid contract. However, the validity of a contract does not only rests of consensus. There are several other requirements that must be complied with before one can say that a valid contract has been concluded. It is essential for both parties to be ad idem regarding all the material terms and conditions of the agreement, failing of which the parties will be unable to enforce any rights and remedies which could normally flow from a valid contract. This article therefore analyse the concept of consensus as a requirement of a valid contract. In doing so, the article looks at what is consensus, how consensus is obtained, factors affecting consensus and the possible consequences for failing to obtain consensus.

The term " Transgender" is multi-faceted and complex, especially where consensual and precise definitions have not yet been reached. While often the best way to find out how people identify themselves is to ask them, not all persons who might be thought of as falling under the transgender 'umbrella' identify as such.Transgender can also be distinguished from intersex, a term for people born with physical sex characteristics "that do not fit typical binary notions of male or female bodies.Transgender persons are people whose identities are different from the stereotypical gender norms, which identify genders only as male or female. Society has failed to accept their gender identity due to which they have suffered from discrimination, social oppression and physical violence. There are certain socio-cultural groups of transgender people who are identified as Hijras, jogappas, Sakhi, Aradhis etc. and there are people who do not belong to any of the groups but are referred to as transgender person individually. Looking back, the history of recognition of the preferred transgender persons has been, and remains, a battle against discrimination, stigmatisation, social exclusion, anxiety, pain and suffering, violation of dignity and physical integrity, and sometimes even prosecution and persecution. While the legal and social situation of transgender persons has improved greatly in many jurisdictions, that certainly is not the case globally. This article aims to make a contribution to the ongoing scholarly and political debates concerning the legal status of transgender persons, both inside and outside of potential legislative reform processes. It is also meant to function as a resource for judicial and administrative decisions. It is hoped that a better legal standard of recognition and protection for the Transgender persons can be achieved at the outset. In order to achieve this, the article will make recommendations on the criteria for legal recognition of preferred gender which are based on the general policy and human rights considerations.

In today's Indian society, mob lynching targeting vulnerable groups is a major source of worry, since it is the worst type of crime against humanity. People who belong to vulnerable groups, such as minorities and Dalits, are frequently attacked and killed by a mob of members of a certain community. These occurrences of mob lynching have a significant impact on the way of life and sense of well-being of minorities and Dalits, resulting in a breach in their social and personal position as human beings. The Indian Constitution holds the rule of law in high regard, and the judicial system has reinforced its importance through several judgements. We need to make certain that the position is reinstated. Furthermore, another unique regulation in this respect is necessary to transmit equality to all and to express a distinct message that no one is free from the standards that everyone else follows.

This research paper is about the history of copyright law i.e it pointed out how copyright law evolved all around the world. Copyright law is now the most important part of National or Foreign National countries. Every country makes it an integral part of the law. The protection to copyright work has been provided as per the domestic laws of the country and the same limitation and exceptions are also as per the domestic laws of the country. The idea for the protection of copyright began only with the invention of printers. Before the invention of printers, there was no need for the protection of copyright because there was no chance or less chance of piracy. The author of creative work had the sole right of their creation. With the advent of technology, the need for the protection of copyright arise all around the world. In earlier days the scope of copyright was not so broad as the present scenario. The protection only provided to literary, and artistic work. But the scope of copyright had been broadened with the phase of time and as per need of protection of intellectual creation. In this paper, the light has been thrown on the development of copyright law from its very beginning to date.

In the era of globalization, there arose a surge in the privatization of commercial sectors, while liberalizing access to domestic and foreign markets. In time, the globalization phenomenon led to the privatization of a multitude of sectors in addition to the commercial arena, including the field of judicial institutions. Accompanying this intense growth of trade and communication, it has become indispensable to harmonize and unify the political and economic forces of a trans-national community by way of implementing legal institutional mechanisms that prescribe for the preservation of interests and concurrently the resolution of surfacing disputes to maintain transparency, peace, and harmony amongst the countries. A legal mechanism that gained acclaim and prevalence to achieve the same in a judicial context was the practice of arbitration. Arbitration is not limited to disputes strictly between individual countries or individual parties but is rather a remarkable blend of the two. It makes definitive provisions for providing the choice of representatives while remaining cost-efficient, time-bound, and bestows efficient resolutions while being mindful towards protecting the rights of the parties involved to a satisfactory extent. The institution of arbitration yet remains flawed and inaccessible even with its rising popularity. This paper is an attempt by the author to identify the imperfections of arbitration as a dispute resolution mechanism, nevertheless throwing light at its significance in the era of liberalization, privatization, and globalization, and observing the impact the COVID-19 pandemic had upon the same.

After the amendment of Income-tax Act of 1961, the provisions have changed drastically. Most of which are driven by novel techniques employed by tax counsels and upheld/approved by appellate authorities. Even after such amendment, tax counsels backed by clients continue to employ tax methods that are not approved by the tax authorities, resulting in a litigation and, in most cases, law changes to help the tax authorities win the battle. Setting court decisions aside is often one-sided. Of fact, in unusual circumstances, despite being in their favour, certain legal rulings perplex taxpayers and other stakeholders. Rattha Citadines Boulevard Chennai (P.) Ltd v. Dy. CIT is an instance of such a ruling. In Sesa Goa Ltd v. Jt. CIT , the court made several smart findings, such as comparing the Income-tax Act, 1922 with the Income-tax Act, 1961 when it was first passed. This article analyses the tax benefits provided on slump sales vs demergers, taking into account the Finance Act of 2021's latest modifications.

Out-of-pocket expenditure (OOPE) largely finances healthcare expenditures in India, especially of the marginal, vulnerable sections of the society and those living in rural areas. This has increasingly led to impoverishment and poor health-seeking behaviour. In the year 2008, the Government of India launched its flagship health insurance scheme called Rashtriya Swasthiya Bima Yojana (RSBY), which aimed to provide insurance cover to around 65 million families from below poverty line strata. The present paper uses secondary data from published literature in reputed journals to analyze the performance of the scheme draw comparisons with a recently launched more robust scheme for health insurance, namely, Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (PMJAY), which aims to bring health insurance cover to 10.74 million poor and vulnerable families. The social marketing of RSBY was studied to understand resultant behavioural change among the poor population in terms of decrease in OOPE and non-health seeking behaviour, improvement of women's health and overall health insurance utilization. The study shows that RSBY is not generating the required results. RSBY effect on reduction in catastrophic OOPE was not found for both inpatient and outpatient spending. Over time no major behaviour change in terms of utilization and adoption of health-seeking behaviour was found. Social Marketing can help policymakers to design planned interventions and schemes for the long term success of health insurance in India.

Arbitration has played a decisive role in the growth of globalization by providing a means to resolve and mitigate issues between parties from two different states. Before the advent of Arbitration, there was no efficient forum for conflict resolution between a state and private parties of another nationality. They either had to raise their issues in the courts of the host state, i.e., the State where the investment was made. If the domestic courts fail to provide a remedy to the violations complained of, the foreign investor or private parties could ask their State to file a claim in diplomatic protection against the host state, which is extremely inefficient for various reasons discussed later. Also, such negotiations have a history of turning hostile and also cause politicization of the issue. Such an impotent procedure was not effective nor feasible in the future, especially in a world of ever-increasing globalization and foreign investment. Therefore, it is necessary to explore the history of Arbitration and how it evolved into its modern counterpart to understand the impact it has had on the globalization of the world and how it helped shape the world.

"It is not necessary to accept everything as true; one must only accept it as necessary.' 'A melancholy conclusion,' said K. 'It turns lying into a universal principle." The Trial by Franz Kafka is one of his most famous written works. It is a complex web of characters and stories which signify the exclusion a man can face inside a totalitarian system. This paper analyses the relationship between the law and how Kafka has intricately used language to display what can happen if the limits of the law are not defined. An attempt to show how deceit and lies from the fulcrum of the legal system are also done. This review showcases how the legal and bureaucratic system can be misused by the powers that be to destroy the lives of ordinary citizens. The Trial serves as a critique of the Austro-Hungarian system and serves as a warning bell against despotic and tyrannous regimes.

Domestic sources of funds that contribute greatly to development are from the tax sector. Taxes are the mainstay of the state revenue and expenditure budget (APBN)1–4. With such a large role of taxes, it reminds taxpayers of legal awareness to pay taxes both by socializing the Tax Law and the need to apply administrative sanctions and criminal sanctions. During the Covid-19 pandemic, many taxpayers, both individuals and legal entities or corporations, experienced problems in their income. Therefore, there are obstacles in paying taxes. In such conditions, the Government has a very good policy, namely that the fiscus or the government should give sanctions to taxpayers for not being able to pay taxes, instead the Government provides incentives to taxpayers and provides relaxation or concessions in paying taxes. With the hope that in the future, when conditions are normal, they will become good taxpayers.

Jewelry sector is one of the fastest growing sector. The usage of Jewelry has been a constant feature in mankind existence from earliest times. Accordingly Jewelry retailing has been changing every year. This change may be due to the effect of several factors like existence of brands, certification, advertising etc., In order to retain the customers, organization have to think of improving customer satisfaction. An attempt has been made to identify the relationship between Customer Satisfaction, Perceived Product Quality and Perceived Service Quality at well-known jewelry shops in Madurai city. This study helps in identifying different factors influencing Customer Satisfaction which the organization can focus. This is done by collecting data through Questionnaire and analyzed using Partial Least Square Structural Equation Modelling Approach to find out the degree of relationship that exists between the variables and its impact on Customer Satisfaction.

This research paper will able to give the deep and productive knowledge of this judge-made doctrine through the cases. Even after simple reading of this paper reader will able to understand through true meaning of “we the people of India” and aspirations. The basic structure of the Constitution cannot be amended even by the amending power of the legislature. Our Constitution guarantees the right, pursuant to clause (1) of Article 32, to petition the Supreme Court on the ground that the rights guaranteed under Part III of the Constitution have been violated. This provision is a part of the basic structure of the Constitution. Clause (2) of Article 32 empowers the Court to issue "directions or orders or writs, including writs in the nature of Habeas corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by Part III. This is also a part of the basic structure of the Constitution. Golak Nath made all Fundamental Rights as non - amendable. This was too rigid a formulation. Kesavananda introduces some flexibility in this respect. Not all Fundamental Rights en bloc are now to be regarded as non - amendable but only such of them as may be characterised as constituting the "basic" features of the Constitution. Amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation. But the Constitution is a precious heritage; therefore, you cannot destroy its identity.

From the ancient period to the present time, animal cruelty has been a serious concern for the legal, animal rights community, and psychiatric communities all over the world. This article is going to deal with that one type of animal cruelty which is an important issue but with the least attention, and that is Bestiality which means sexual intercourse between animals and human beings. Many people get confused between Zoophilia and Bestiality, but both are different. Bestiality is an unnatural sexual offence under Indian law, but not everywhere; in some places, it's legal. What do you think an act of Bestiality is natural or unnatural? In this article, I have tried to highlight all the cases, laws and possible reasons for Bestiality along with experts and public opinion for Bestiality. After reading this article, you will get to know whether Bestiality is the result of practice or behavioural problems. Sometimes the world becomes a weird place where same-sex is prohibited, and no law for bestiality and bestiality tourism. Further, this article deals with what can be the side effects of Bestiality on humans and animals and does the laws made by countries are they meeting the purposes for which they are made? In addition, this article will give you the details of the source of motivation from where an individual is taking for committing Bestiality. This article will also highlight the position of Bestiality and laws related to it during the ancient periods in countries like Rome, Kenya, India and other countries. One important thing to note down that there are several countries around the world where Bestiality was practised, and mentioning all those countries in this article is not possible, so I have mentioned as much possible data I have.

Alternative Dispute Resolution (ADR) is a process for resolving disputes outside of the legal system. Because trade and commerce are growing at such a rapid rate at the moment, disagreements have become an unavoidable aspect of the scenario. Going with the traditional technique of dispute resolution might take a long time and be more expensive, so the ADR mechanism is used to save time and money. ADR is required at all levels in India since Indian courts are overcrowded with cases, leading in long delays in resolving conflicts and proving to be a more expensive option. Many statutes and legislations are made in this subject from time to time, but there is still a need to raise knowledge about this mechanism among people from all walks of life. Also, following COVID, there has been a noticeable shift in every field, including ADR, with a shift toward Online Dispute Resolution. This paper begins by introducing the notion of alternative dispute resolution (ADR) and then goes on to analyse its origins in the Indian legal system. Following that, the various methods of ADR (Arbitration, Mediation, Negotiation, Conciliation, and Lok Adalats) used in India are discussed. The paper also includes information on the ADR legislation in India. In addition, the paper discusses the advantages of ADR. The report also looks at the future of ADR in India's legal system. Finally, the report offers some suggestions for future research and ways to make the ADR mechanism more participatory, as well as a conclusion.

The Constitution of India directs the State to enforce fundamental rights of the citizens as well as preserve public order, peace and tranquility across the nation. Precisely, the idea of maintenance of the ‘public order’ & ‘freedom of a democratic society’ demonstrates a rational justification for the existence of preventive detention. Article-22 of the Constitution gives detention power to the State for the protection of nation security and maintenance of international friendly relations, tranquility & peace of the entire society from antisocial and subversive elements namely antinational or smuggling activities or persons engaged in illicit trafficking of narcotic drugs and psychotropic substances, etc. The supreme goal is to prevent the perpetrator from causing mischief through his or her dangerous designs and radical ideologies however, the judiciary has showed its concern towards the irrational application of such laws and classified it as a most unwholesome encroachment upon the liberties of the people. Since the entire fabric of the Constitution revolves around the Constitutionalism and the Rule of law which implies a constitutional obligation of the State to enforce its provision in letter and spirits primarily the notion ‘procedure established by law’ in Article-21 of the Constitution which works as guiding factor for the authorities wherein the concept of ‘due process of law’ lies in its spirit. The judiciary has adopted the notion ‘procedure established by law’ in the guise of what ‘it is’ including ‘it ought to be’. The author analyses the concept of preventive detention with the help of two notion namely ‘procedure established by law’ & ‘due process of law’ in the light of judicial pronouncements.

Each time the Reservation Policy in India is debated upon, the discourse as to whether it should continue or not has always prevailed. This research paper aims to deliver a deep understanding of the socio-economic-political phenomenon called "Reservation" by critically analyzing the events that transpired and led to its inception. The authors identify, address and elucidate the rationale behind the need for its existence, concomitantly, examining the feasibility, viability and desirability of reservations altogether. The paper offers its readers with unconventional ideas and jolts them into consciousness by reflecting on subjects such a substantive and formal equality, equity and equality, caste-system, and further goes on to ascertain if reservation is a fundamental right or a constitutional mandate. Interestingly, the authors invite the individuals to think afresh without siding with either sides of the spectrum in this contentiously perpetual debate by provoking its readers into unlearning the notions that previously served them. The idea is to look at the crux of the matter with utmost objectivity without being overly affected by the accident of birth in either the "reserved category" or the "unreserved category", which all of us are, substantially affected by, while scrutinizing the Reservation Policy in India.

Internally Displaced Persons or IDPs are those who are forced to flee their homes due to certain unfavourable conditions and have to migrate to some other place inside the country. These conditions may be political, social, environmental, etc. They are one of the most vulnerable groups. They remain at high risks of physical abuse and are frequently deprived of basic human needs like food, shelter, health services, sanitation, etc. According to the UN, there were over 5 million people internally displaced in India in 2019 itself due to conflict, violence and natural disasters. And in 2020, the world was hit by the unprecedented Covid-19 catastrophe & India saw a mass exodus of migrant workers. Despite the country having a huge amount of IDPs, the Indian State has always shied away from making a comprehensive policy for them. The constant denial of IDPs in India by the State has increased their vulnerabilities. Although Land Acquisition Act, 2013; Disaster Management Act, 2005 shows that India has made certain progress regarding it, they fulfil only certain specific purposes, and now there is a need for a proper policy for IDPs. So, in this paper, we will discuss IDPs in India, their causes, vulnerabilities and will also assess the need for a proper policy for them.

Since the recent World Health Assembly didn't declare future Covid-19 vaccines a world' public good', they're confirmed as private (intellectual) property and can be subject to patent rights protection as a pharmaceutical product. In expectation of the wants of their most at-risk populations, governments of developing countries are obliged to prepare to issue compulsory licenses of any effective COVID-19 treatments. Compulsory licensing, a provision within the Agreement on Trade-Related Aspects of intellectual property rights ("TRIPS Agreement"), enables governments to provide their citizens with generic versions of patented treatments either through domestic production or foreign imports. The compulsory licensing of trade secrets present some unique obstacles, and consideration is given to some practical solutions that might balance the interests of technology owners and the public interest in increased access to vaccines. These covid vaccines are new, and their internal capabilities and efficacy ensure the potential futility of compulsory licensing. This paper studies the compulsory licensing and with respect to the covid drugs and vaccines, the Doha Declaration on the TRIPS Agreement and the Public Health. The paper further discusses the situation of providing compulsory licensing to covid vaccines in India and how much of a viable alternative can compulsory licensing, in this case, can be?

A trademark essentially is a meticulously crafted profile of a person, product, or organization. A trademark adds to the financial value of a concerned business and is synonymous with a company's identity in the market. However, such a crucial nature of trademarks often leads to instances of infringement wherein the defaulter aims to ride on the goodwill of the lawful user of the mark. Using a mark deceptively similar to another mark aids the defaulters in achieving this aim. The primary purpose of such use is to confuse an average consumer through misrepresentation and consequently damage the reputation of the original mark. The defence of prior use is one of the prevalent defences taken in cases of similar or identical marks. The Indian Judiciary has given a plethora of judgments, laying down guidelines for determining the circumstances for trademark infringement by using deceptively similar marks. Likewise, the Judiciary has also enumerated the implicit scope of the prior use. However, such judgments' effectiveness and binding nature are often deliberated upon. This paper seeks to understand the interpretations of the offence of deceptive similarity and the defence of prior use. The paper critically analyzes some significant case laws related to both the concepts and attempts to grasp the present legal position. The paper attempts to identify the loopholes and provide feasible recommendations. The paper adopts a doctrinal research methodology from credible authorities to substantiate the same. Rogerian method of analysis has been used while critically examining the legal precedents. The article concludes that the Judiciary needs to be highly vigilant about its interpretation of relevant laws to facilitate smooth redressal of issues for the foreseeable future.

In many countries around the world, lesbian, gay, bisexual and transgender people (LGBT) often face stigma and discrimination. The efforts in fighting for equal rights and non-discrimination against LGBT people are not only made in marriage but also in many other aspects, such as the right to adoption of LGBT people. This paper studies some issues related to human rights to adoption of LGBT people, including the influence of individuals’ sexual orientation or gender identity on their rights to adoption, the rights of children adopted by LGBT people. The similarities and differences between the laws related adoption by LGBT in Vietnam and some Asian countries are indicated. Moreover, the paper analyzes the influencing factors and impacts of legal regulations on the rights of LGBT people. The gaps and inconsistencies in the legal system are shown, thereby some recommendations are recommended to improve the law to ensure human rights to adoption of LGBT people.

The heinous crime of murder has been dealt with in detail by Indian law throughout the years – redefining the field of criminal law in various ways. The judiciary in India has made great progress with its approach to punishing murder in the country by developing tests and other criteria to make the law as efficient and just as possible. But in the Supreme Court’s own words: “extremely uneven application of Bachan Singh case has given rise to a state of uncertainty in capital sentencing law which clearly falls foul of constitutional due process and equality principle”. The court has also acknowledged erroneous imposition of the death sentence in contravention of Bachan Singh case guidelines. Therefore, the constitutional regulation of capital punishment attempted in Bachan Singh has failed to prevent death sentences from being arbitrarily and freakishly imposed”. In this paper, we attempt to understand the basics of the crime of murder in India by studying the various relevant sections under the Indian Penal Code, review several literature pieces on the matter published in reputed databases and journals and, by analysing the landmark cases ruled by the courts of law throughout the years. The purpose of the study is to provide essential background information on the matter as it is vital for any thorough understanding on the current situation regarding this issue.

This blog is an insight into China and India’s border land dispute on the north eastern front from an international law perspective. The author has linked the past attitudes of the respective countries towards international law with the current scenario and has made recommendations that can help India thwart any impediments.

The legal issue pertaining to criminalization of homosexuality has been eradicated by scrapping down section 377 of IPC through the consistent and sincere efforts of several NGOs, activists and organisations. What about the after-math repercussions? An issue concerning legal recognition of lesbians and Gays, along with de-criminalization, was never brought before the judicial authorities through a petition. Patently, this very move of de-criminalization of Section 377 is remarkable but at the same is not the only fallout. There is a necessity to look upon some emerging homologous issues like “Right to form a Family”, irrespective of any other gender specification. The challenge lies before the personal laws, that shepherds a way for two heterosexual people to enter into a legal matrimonial institution. Why do these laws still be at leisure within the vicinity of heterosexuals and discourteously prohibits the entry of homosexuals? If such is the conservativeness and standardized belief, shouldn’t the genesis of these traditional norms and accepted culture or religion be looked into? On what norms were these laws framed? Considering this issue, there is a prima facie need to modify the term “legal family” by widening its scope. Before going towards that step, leniency, openness, empathy and sensitivity are the important aspects to be anticipated and then analyze the reason behind debarment of homosexuals in the traditional definitions. It is equally important to focus on the minuscule towards granting extravagant significance to heterosexuals and putting the weight of patriarchy on a higher end. Hence this paper looks into the aspects that demands for the amendment in the existing law system or swipe towards the formulation of separate laws and policies, granting them a legal right to marry.

How do we look at Personality Rights when it comes to their protection or monetization? It is a matter of the fact that the Personality Rights are looked at parlance with any property, thereby making it tradable and requiring protection from any infringements. With the development of Intellectual Property Laws, recognizing and accepting the Personality Rights of celebrities have grown in, and protection of those rights have become so particularly important from misuse or unauthorized exploitation at present or in future. This article will discuss the concept of Personality Rights of the celebrity and statutory protection provided under Indian laws with the help of judicial pronouncements.

India and China have far more similarities than any other two nations. Both nations have rich histories and cultures. The uncanny resemblance between communities, ideas and philosophies. A true spirit of the neighbourhood. The journey of these two great nations has passed through many roadblocks; history is evident that the relations between them weren’t always so sour. One of the guiding principles of this peaceful existence is Panchsheel. The present article discusses the meaning of Panchsheel, its origin, the Sino-Indian agreement of 1954 and Prime Minister Nehru’s aspirations of friendship with China. The article also addresses the question of whether China stood up to the principles of coexistence or whether it was India’s little bubble.

The author has portrayed detailed research about the rape legislation in this article. It also depicts the changes the laws witnessed due to social transformations over the years. Rape is a forceful sexual act that can leave the victim traumatized for life. The Indian penal code has an anti-rape clause. The Indian Penal Code, Section 375, explains what constitutes rape. The Indian Penal Code, on the other hand, lists the penalties for rape under Section 376. Then it discusses the popular rape cases that have brought changes in the rape laws. The author concluded the article with a few effective suggestions that can help bring major changes. These amendments can change the way society perceives rape, the victims, and the aftermath.

The very idea behind reservation was to end caste discrimination and caste-based inequalities and for the social upliftment and representation of the weaker section of the society. In simple words, the reservation system in India consists of a set of affirmative action policies used by the government to help weaker sections of the society gain access to government employment and higher educational institutions. In this research article, we understand what the reservation, why the debate is so acute is, the origin of castes and caste-based reservation system, reservation for economically backward class and whether it is flawed, some important cases discussed relevant to the reservation, relevant constitutional amendments and last but not the least conclusion, in conclusion, we will be discussing whether the reservation is good or bad my opinion.

India is trapped in a never-ending spiral of drug usage, with the population of addicts increasing by the day. In Punjab, The epidemic of drug addiction among young people has reached alarming proportions. Drug addiction is being fueled by changing cultural standards, growing economic hardship, and decreasing social relationships. This paper has analyzed the causative factors that are exacerbating the drug abuse in Punjab, ranging from peer pressure unemployment to easy availability and porous borders. The paper further discussed the new and emerging trends on drug abuse in the state, such as the role played by the women in the trafficking of drugs and how they are used by male drug peddlers to mask their illicit drug trafficking, the implications of Covid Pandemic on the magnitude of substance abuse, how it helped the administration in bringing people closer to de-addiction centres. The paper that over-the-counter drugs medicines facilitate speedier and less expensive access to healthcare; yet, their abuse and negative health impacts raised concern in the contemporary society, the loopholes in the law regulating the over-the-counter drugs have been investigated by the paper and found that a family carrying bottles of Codeine cough syrup or a pharmacist selling Tramadol without first checking for medical prescriptions is the current reality in Punjab, and even in India as a whole. This study has found that The situation is extremely serious in Punjab. It is critical that government take notice of it. To conclude, the drug menace is likely to endanger the social, economic and political systems in the country in the near future, unless we start making all-out efforts immediately to control it with a firm political resolve, community involvement, and immediate legislative and executive interventions.

The delegation of legislative power is a device by means of which the legislature confers its law-making power to other agencies. The delegated legislation is generally expressed as rules and regulations created by external bodies other than the legislature. The concept of delegated legislation is not of recent origin; its spirit can be traced back to many centuries. However, in the current phase, the phenomena of delegated legislation have introduced a new trend, whereby a gradual shift has been witnessed from the rigid concept of separation of powers. The present article attempts to undergo a comparative analysis on the position of delegated legislation in three countries- the U.S.A., the U.K., and India. The paper addresses the cardinal legal question as to whether a legislative body can delegate its law-making power to other agencies; and, if the legislature is competent to do so, up to what extent such authority can be delegated? In the absence of proper guidelines concerning delegation of legislation, ambiguity arises in the scope and ambit of such delegation of power. The researcher has taken up the present research to analyze the above legal problem that leaves an area for the executive to acquire all the power of law-making, leaving room for an undemocratic danger of persons’ civil and personal liberties. The researcher attempts to address the constitutionality and scope of delegated legislation in three countries that are structured on different notions and rigidity of separation of powers.

The retrospective amendments made to taxation laws in 2012 had enabled the Indian Government to tax gains since the implementation of the Income Tax Act, 1961. Including offshore transactions of assets of substantial value in India by foreign conglomerates. This was done to incapacitate companies like Vodafone and Cairn, among others, to elude tax dues in India. This paper elucidates the recent case of Cairn Energy against the Government of India under this backdrop. Initially, it explains the reasons that led to the implementation of retrospective tax with reference to the Vodafone Tax Dispute (2012). Further, it sheds light on the circumstances that led the Government to pass a new amendment (2021) in the Income Tax act, 1961-nullifying the retrospective aspect of the legislation for transactions prior to 2012 and its effect on the current economic environment.

The objective of this research paper is to understand how the concept of State Sovereignty has emerged in International Economic law with a primary focus on the role played by major International Economic Institutions in shaping the dimensions of State Sovereignty to how it has evolved in the present day. This paper focuses on an elaborative approach on mainly the role played by the Bretton Woods Institutions and the World Trade Organization in evolving the Sovereignty of states consecutively with their complex interdependence. This paper attempts to explore two research questions, firstly, how the IMF, the World Bank, and the WTO have limited the Sovereign powers of a state in exchange for benefits that it provides to them, and secondly, how Sovereignty has been impacted in times of COVID and what the future might hold for the international community in terms of Sovereignty of States.

The term ‘wrongful prosecution’ directly interconnects to the miscarriage of justice. One of the significant issues, which is a matter of concern, is that there is a backlog of cases in the courts and a shortage of judges; the recommendation Supra states that if it is proven that a person was wrongfully prosecuted, he will be compensated. What's more, if it is determined that a person has been unfairly prosecuted, the trial should begin at a specific time. The longer the trial lasts, the longer it will take to determine if someone was wrongly prosecuted. It has also been observed that while there is judicial precedent allowing a miscarriage survivor to sue. There is still no way for a victim of injustice to seek remedies from the Supreme Court or the High courts under their respective writ authority. Such a victim/claimant has a statutory entitlement to compensation. This paper will analyse the concept of wrongful prosecution and its present position in India. Also, this research paper will deal with important areas under this topic, including the Victims rights compensation, who can apply, and availability of remedies. Also, this paper will analyse whether there is any provision of uniform law regarding compensation for wrongful prosecution and recent trends, along with mentioning landmark and recent judgements.

Gujarat has been under liquor prohibition law since 1960 i.e., since almost 60 years after the independence. This article studies the prohibition law and how it negatively affects Gujarat’s economy, polity, crime and control, judiciary and administration. The paper dwells into how alcohol ban is not suited for a modern world with international connections and shows what opportunities Gujarat foregoes due to the act. It focuses on how alcohol being the vice it already is, can be used as a tool to (1) manipulate the economy due to its large market size. (2) affect how and who wins elections (3) induce variations in crime and administrative proficiency as well as how it makes the judiciary take a lighter stance for the benefit of the society. Today alcohol as become a societal normal, and it is morally acceptable (even in India) to indulge in social drinking. Negative effects of prohibition on alcohol in Gujarat have been explained in their entirety. The paper shows the connection between law and other branches of studies in an effort to understand how Gujarat is not entirely correct in continuing the prohibition law.

Women’s Rights are Human Right’s’, a slogan was officially raised in the Vienna Conference on Human Rights, where India stood as one of the member states to ratify the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It reaffirmed that women were “an inalienable, integral and indivisible part of universal human rights”, bringing to the fore the worth of the lives and dignity of women. For ages in India, there have been abuses done to women in the name of culture or religion, which are hidden by the sanctity of the so-called private sphere. Especially, the practice of cultural relativism by the Indian legislature does neither venerate nor embolden the universality of human rights. However, subsequent to the Vishaka’s landmark judgment, judicial activism is holding accountable the perpetrators of such human rights violations, who had enjoyed the immunity for ages, by inserting the rights of women and gender equality at a higher pedestal and by questioning the validity and legitimacy of certain rampant patriarchal personal laws, with the help of both domestic and international laws. Henceforth, in this paper, the author aims to elucidate that though cultural relativism impedes the advancement of women’s rights, the judgement in the case of and similar cases to the Vishaka evidently prove that the Indian judiciary goes the other way around by proactively using international law to strengthen women’s rights through the harmonious application of CEDAW and the domestic fundamental laws.

Women’s Rights are Human Right’s’, a slogan was officially raised in the Vienna Conference on Human Rights, where India stood as one of the member states to ratify the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It reaffirmed that women were “an inalienable, integral and indivisible part of universal human rights”, bringing to the fore the worth of the lives and dignity of women. For ages in India, there have been abuses done to women in the name of culture or religion, which are hidden by the sanctity of the so-called private sphere. Especially, the practice of cultural relativism by the Indian legislature does neither venerate nor embolden the universality of human rights. However, subsequent to the Vishaka’s landmark judgment, judicial activism is holding accountable the perpetrators of such human rights violations, who had enjoyed the immunity for ages, by inserting the rights of women and gender equality at a higher pedestal and by questioning the validity and legitimacy of certain rampant patriarchal personal laws, with the help of both domestic and international laws. Henceforth, in this paper, the author aims to elucidate that though cultural relativism impedes the advancement of women’s rights, the judgement in the case of and similar cases to the Vishaka evidently prove that the Indian judiciary goes the other way around by proactively using international law to strengthen women’s rights through the harmonious application of CEDAW and the domestic fundamental laws.

Due to a lot of unemployment in India,Some Parents along with their children do labour work to have food on the plate. The large part of the young generation who is the future of the country is growing at places where they have to do hazardous work. One of the Preeminent examples of such a place is Mica Mines in Jharkhand. Here Children pickup sharp mica with their delicate hands instead of studying and playing. This research paper aims to bring out the reason and consequences of child labour in mica mines and describe the failure of some good law against child labour in such mines by answering the few questions, which are Why Mica Mining in Jharkhand especially still uses child labour and how does it openly continue?, What are the ill effects caused to children by working in mica mining?,and Why do even good laws become languish when it comes to mica mining in Jharkhand?

In times of humanitarian emergencies, we often ponder on how to gather resources so that we are in a better position to fight back and provide relief to the common masses. But seldom do we attempt to understand the impact other factors apart from funds can have on our response system in the event of a humanitarian crisis. One such factor is “corruption”. It is known that corruption is wrong in many ways, it is a crime and also it is immoral. While we know that it causes serious damage to a nation’s growth and stability but what is to be understood in today’s times is that it is even more damaging in times of a crisis like the today. Many people belonging to both the public and private arena are taking advantage of the present circumstances. Amidst the chaos created by the virus, funds are being used for personal gains and corrupt people are taking advantage of inadequate anti-corruption mechanisms and lack of transparency and are diverting funds away from people in these crucial times. Lack of government action is resulting in goods and food products being sold at unscrupulous prices. Also, defective ventilators, poorly manufactured tests or counterfeit medicines are hurting people in their worst moment, thereby denying them their chance to fight against this deadly disease. In this paper we shall analyse the impact corruption has on a country’s response in times of humanitarian crisis and what are the direct and indirect costs undertaken by humanity because of corruption. Further, it is important to know that what is the international community’s efforts and legal mechanisms with respect to corruption and how different should our approach be in times of humanitarian crisis. Also, this paper shall attempt to take lessons from the global battle against COVID-19 and the effect of corruption on it.

The 2008 and 2020 recessions, were both estimated to be 'once in a lifetime' events, that occurred within nearly a decade of each other. Both left formidable impacts on the world, and in India, wherein with an inadequately equipped healthcare system, and a lack of government response, the impact on the poor in the country has been devastating. This paper studies the immediate aftermath of both recessions and draws parallels between the two, while discussing the systems that allowed for the tragedy to recur.

Spiritual Intelligence indicates the level and quality of spiritual experience, which is sacred, and a deep sense of vitality and interconnection that has the strength to facilitate people to use their actions and existence in a wider, richer and more meaningful context in the organization. Surmising on the affirmations from studies that hypothesize the relationship between workplace spirituality and attitudinal variables in the workplace, we envisage reviewing the available literature for future empirical endorsements. More precisely we outline what is spiritual competence and spirituality in the workplace? Why is it essential to learn about the phenomenon in the workplace? The authors envisage demonstrating how by developing spiritual intelligence, one can develop the indispensable qualities of intrapersonal balance and interpersonal relations, problem-solving skills, goal attainment, motivation, commitment, self-awareness, team spirit, and leadership, all of which foster an individual’s success at the workplace. Spiritual intelligence offers a number of strategies for developing spiritual competence, particularly with clients from commonly encountered religious traditions or cultures. Thus the study supports the proposition that spirituality within organizations is a contemporary personal competence enhancing tool.

A business surviving in a dynamic market is similar to a man living his life to the fullest. With ups and downs that are not predictable, with equal consequences of their actions and most importantly the game of risk and returns. Man will be able to survive the challenges in his life and attain satisfaction only if he strikes the right balance between virtues and accommodation. Similarly, a business will be able to survive in the market only if there is a balance of competitive decisions and return to society. This “return to society” is not an easy run always, as with complex circumstances the business is put in a place to choose and this being on the heavier and the costlier side. However, it should not cloud their vision, mission and goal in the market. The business may incur a small cost in the short term but will be able to thrive in the long run. With the position a business has in the society and the inherent power it holds in people’s lives as a producer and a primary source of livelihood, it is the duty of the business to make people-centric decisions. However, many a times we encounter circumstances where companies are ruthlessly running after profit that effects every section of society involved. This paper deals with such instances and explores the option of a middle ground to get close to the ‘ideal’ of business.

In our life, parents are two angels sent by God who are with us since birth. The credit of our education, initiation, rituals, ideals, values goes to them. Today if we are able to write two letters or it is understandable, then it is theirs. In our society, parents have the highest position in the life of children. The mother is also called the first teacher of the children, and the family is called the first school of the child. The foundation of the personality of a child lies in the family itself, from where his formal education begins. The biggest factor in the process of building a child's personality is his parents and family background, which is called hereditary and environment. If we look at the education system of the changing times, then the children are left with no stone unturned to mechanize. The meaning of education is set by our parents up to ninety percent. Our son or daughter should come first in every subject, nothing less than this is allowed. Parents who sacrificed innocence in this dense competition do not hesitate even once, what we are doing with the childhood of the children. It is the responsibility / duty of the parents to respect the wishes of their children, to get them educated according to their interests. Respect their decisions and give them multiple opportunities to do something, there is no shortage of talent among our children but do not let them sprout under the pressure of your expectations.

Nationality, Citizenship and Human Rights are all interconnected areas which play a vital role in the life of a human being. The denial of Nationality or the loss of Citizenship both will have impact on human being as there increases the chances of becoming Stateless and thereby falling into the gaps which prevail in the society that it becomes impossible to get out of it and live a life that is not just a mere animal existence. Statelessness is a situation where the person does not belong to any nation, he does not have a citizenship of any State and he loses his fundamental rights which are incidental to these main rights. Nationality is the sense of belongingness to a particular State who is in a way guardian of the fundamental rights of its citizen and the citizen gets a right to come to the court and assert those rights and demand for the relief when their rights get infringed by the other individual. Rights and duties are interconnected if one does not come to court with clean hands, he cannot assert the law to provide him the relief. The definition of Stateless person is provided in the Convention relating to status of Stateless person 1954 as a person who do not belong to any of the State. In this paper researcher will examine How far the Convention on the status of Refugee as well as the Convention on Stateless person been helpful in prevention of the violation of Human Rights.

Artificial intelligence (AI) refers to the emulation of human intelligence in computers that are programmed to think and imitate their actions like humans. The word can also be applied to any computer that shows human mind-related characteristics such as learning and problem-solving. Human rights are something self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty, dignity and equality. AI is something that is increasingly being used in day to day use from our phones to home systems to self-driving systems in the car. There have been numerous instances reported where AI has intruded on the privacy of individuals hampering their human rights. It becomes important to conduct an analysis of AI in dept to study its advantages, disadvantages, impact on the lives of people and most vital is it encroaching on the human rights. The paper aims to co relate these two forces namely AI and human rights. The paper comprehensively covers the impact of AI on the human rights in the field of employment, health, medical care. The main focus of this paper lies on the advantages which AI offers enhancing the human rights and making them more accessible to the citizens of India. The paper also carries a small analysis of impact of AI on Human rights in different countries. The paper not only ponders about the benefits but also provides a deep understanding how AI hampers the human rights. Some recommendations and plausible solutions have been also discussed.

Artificial intelligence (AI) refers to the emulation of human intelligence in computers that are programmed to think and imitate their actions like humans. The word can also be applied to any computer that shows human mind-related characteristics such as learning and problem-solving. Human rights are something self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty, dignity and equality. AI is something that is increasingly being used in day to day use from our phones to home systems to self-driving systems in the car. There have been numerous instances reported where AI has intruded on the privacy of individuals hampering their human rights. It becomes important to conduct an analysis of AI in dept to study its advantages, disadvantages, impact on the lives of people and most vital is it encroaching on the human rights. The paper aims to co relate these two forces namely AI and human rights. The paper comprehensively covers the impact of AI on the human rights in the field of employment, health, medical care. The main focus of this paper lies on the advantages which AI offers enhancing the human rights and making them more accessible to the citizens of India. The paper also carries a small analysis of impact of AI on Human rights in different countries. The paper not only ponders about the benefits but also provides a deep understanding how AI hampers the human rights. Some recommendations and plausible solutions have been also discussed.

Transgender, also called as hijras in India, are a marginalized community in a society with less or no basic facilities and opportunities to rise above their problems. According to the census of 2011, the rate of literacy of trans-people is 57.06%, but their employment opportunities, violence against them, etc. leaves no trace of it. It can be agreed that the current situation of the trans-people is better than what they faced decades ago. The appreciation may be dedicated to the Hon’ble Supreme Court for pronouncing the judgment of National Legal Services Authority (NALSA) v. Union of India and Parliament for passing Transgender (Protection of Rights) Act, 2019. Yet, the trans-people are exposed to face a myriad of difficulties. This article discusses the three main causes of such deplorable situation, namely: (1) lack of progressive social mobility, (2) No representation in politics and (3) inadequacy of laws regarding transgender community and brings out propositions to uplift the transgender community in India.

According to the data released by the National Stock Exchange (NSE), from January 2020- December 2021 i.e, amidst the global Covid-19 Pandemic, 78 companies have taken the Initial Public Offering (IPO) route to get listed on domestic stock markets. To put things into perspective, 63 companies have already taken the IPO route in 2021 and 15 companies in 2020, the calendar year of 2020 and 2021 is already seeing an increase percentage of IPO's by 47.04% when compared to 2018 and 2019 , all of this at a time when the pandemic is disrupting economic activities, companies are forced to shut their business voluntarily which continues to wreak havoc on India's economy. The objective of this research paper is to comprehend how the watchdog of Indian capital market, Security Exchange Board of India (SEBI) is bringing about systematic changes, to balance out the shift taking place in the market, and to develop an environment where increasing number of companies are motivated to pursue the IPO route to get listed on domestic stock markets.

Every human being is entitled to be treated with dignity, decency, equality and freedom regardless of the fact that we are born differently, grow differently, and are different in our mental makeup, thought processes and life-style. Negation of this would mean negation of human rights. But unfortunately, persons with disabilities experience and encounter discrimination due to their disabilities. There is no acceptance for them in the mainstream, and are considered to have less functional bodies or dependents. They face social, cultural, and attitude barriers that impede their full participation in society and the exercise of their rights and opportunities. There was no international treaty covering specifically the human rights issues of persons with disabilities prior to the drafting of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In its role as the first human rights treaty of the 21st century that addresses the rights of persons with disabilities, the UNCRPD ushers in a new era of international human rights law and practice. Yet studies commissioned by the various organizations showed that attention towards this issue at international level had generated only a limited effect at national level.

The pandemic of Covid-19 has inflicted devastation on many facets of human life, including academia. To counteract Covid-19, the administration implemented a nationwide lockdown on March 25th, 2020, which significantly influenced the educational system. In India, over 32 crore students could not move to schools or universities, and all educational activities were halted. This pandemic has changed teaching, learning, and assessment approaches. The issues that students in India confront will be discussed in this essay. It also aims to determine the pros and cons of teaching, learning, and our policymakers' actions to ensure that students pursuing education in India can receive smooth learning. Many new modes of learning, new views, and new trends have evolved due to this pandemic, and this tendency may continue as we move forward towards the future. Some valuable suggestions will be further discussed in this essay for carrying out educational activities.

The main aim of this research paper is to have a detailed look into the concept of “Attempt” under the Indian Penal Code (IPC). It commences by comprehending its doctrinal definition as well as the common law meaning of 'attempt.' It also gives a brief look into the history of the concept of attempt It is accompanied with numerous case laws. Furthermore, the study attempted to comprehend this notion of its mental component and the series of tests utilized to evaluate it. It also establishes the difference as well as the link between the inter related concepts such as Attempt and Preparation, the elements of crime and attempt etc. Lastly, the paper analyses and concludes the stance of attempt under the Indian Penal Code.

The main purpose of UNCITRAL model law is to provide the national legislations a set of internationally accepted rules. This helps the nations create a more secure legal environment, most of the national laws are outdated and do not include laws related to ecommerce. Unsatisfactory legislation at national level creates obstacle for the nation while doing trade at international level, and may have an adverse effect on the economy. But proper laws help the nations to decrease legal obstacle and legal predictability. The main objectives of this model are to have modern ways of communication through electronic means and to have a national set of rules on how they can remove barriers and secure a legal environment for trade.

Data privacy and protection helps to secure the personal information of our clients and users, which can also be called information security. Data protection of personal sensitive data is a necessity, data principles and data fiduciary are few of the terms which are discussed in the bill. Earlier few provisions were not included in the act but later the recommendation by the B.N Srikrishna committee helped in the introduction of two important provisions which are right to be forgotten and right to privacy. Consent is one of the main elements that regulated the data protection bill of 2019.

The artіcle argues that the so-called ‘new wars’ pose a fundamental challenge to іnternatіonal humanіtarіan law (ІHL). Although not historically new, this type of war dіffers іn crucіal respects from the conceptіon of war that underlіes the tradіtіonal paradіgm of complіance of ІHL. At the heart of thіs paradіgm lіe certaіn assumptіons: that ІHL embodіes a compromіse between the іnterests of the warrіng partіes and humanіtarіan concerns, and that the warrіng partіes face a number of іncentіves to comply wіth the law. The artіcle argues that these assumptіons lose theіr plausіbіlіty under the cіrcumstances of the ‘new wars’. As a result, the tradіtіonal enforcement mechanіsms of ІHL іnvarіably faіl іn these conflіcts. The second part of the artіcle dіscusses the іnternatіonal legal response to the ‘new wars’. Іn partіcular, іt consіders іnternatіonal crіmіnal prosecutіons, the actіvіtіes of the Іnternatіonal Commіttee of the Red Cross and measures by the Unіted Natіons Securіty Councіl. Іn the common elements of these measures the artіcle іdentіfіes the contours of a new paradіgm of complіance іn ІHL that shіfts the emphasіs from voluntary complіance to external enforcement.

In the world of corporate, the competition is increasing at an unprecedented rate and hence the companies are not willing to take any chances with their trade secrets and work mechanisms. It is a common phenomenon for employees to change organizations especially in the current era of competition when everyone wants to earn. In such circumstances, it becomes important for companies to devise some way of protecting their inner working mechanisms from becoming a matter of common knowledge by way of such employees. This is why the concept restrictive covenants in employee contracts developed. The researcher has analyzed the same in detail – and compared the laws on this topic in India and US.

The Intellectual Property laws seek to promote creativity and protect creative works. The object of the copyright law is to incentivize the works of the creators. The Copyright laws grant an exclusive right to the owner of creative work, and the unauthorized use of a copyrighted work amounts to infringement of the copyright. Nevertheless, this exclusive right granted to the copyright owner over the creative works is restricted by the “Doctrine of fair dealing.” This concept allows the public to use or access the copyrighted work for specific limited purposes. Section 52 of the Act defines fair dealing and enumerates certain acts that do not amount to copyright infringement. The doctrine of fair dealing is a vital concept under the Copyright act. It aims to establish a balance between the rights bestowed upon the copyright owner and the public, but many instances have come forward where this exception is used in bad faith. Although the Indian legislature has adopted the factor analysis method as established under the U.S. copyright act, there is a difference between the two. The Indian legislation sets out an exhaustive list of provisions that come under the purview of fair dealing and, in a way, restricts the scope of its applicability. On the other hand, the U.S. has a far broader approach and hence provides an open-ended application that is robust and flexible. This paper aims at identifying the concept of fair dealing in India and fair use in the USA by identifying the difference between its application and scope.

The adoption of the Government of National Capital Territory of Delhi Act, 2021, violates the principles established in the constitution, primarily the federal structure, as the notion of power-sharing between the centre and the NCT of Delhi is fully tilted toward the centre. Ambiguity in the interpretation of Articles 239 and 239AA has caused controversy between the federal and state governments. The solution of enacting the Government of National Capital Territory of Delhi Act, 2021 is not the solution because it violates constitutional norms. Providing statehood to the NCT of Delhi is one idea that could help to solve this situation more effectively.

India was a rich country of flora and fauna at one point of time. Through the advent of modernization in the late 21st Century the resources in our country started depleting at a rapid pace. Today, our country is one of the most populous countries in the world but our resources are quite limited. To protect the Environment and the limited number of resources, the concept of protection of environment through Environmental Laws came into existence in the late 20 th Century. Environment Laws were introduced to protect the land, water and air which are the basic essentials for a human being to survive. However, being such a densely inhabited country in the world, these Environment Laws lacked proper implementation, though they were numerous attempts made by all organs of the government. The government came up with several laws and regulations like the concept of Police Power, Regulatory Takings and many more, but the implementation of these laws couldn’t take place effectively Through my paper, I will try and identify the main Environmental concerns and, following that, the solution for protection of the Environment by way of application of the relevant Environmental laws.

The globalisation and commercialization of knowledge have significantly expanded the scope of trademarks. A non-traditional trademark necessitates visual identification and graphical representability, and it consists primarily of a name, word, phrase, logo, symbol, design, picture, or a combination of these features. The use of new types of marks to differentiate products and services from others has also produced a number of concerns about the registration, operation, uniqueness, and recognition of these marks as trademarks while breaking with traditional conventions. There is also the issue of the lack of a common standard for the protection of these non-conventional marks. This study investigates the concept, origin, growth, types and legal issues relating to non-conventional trademarks.

The world has become dependent on non-renewable resources for its energy needs and has been depleting the non-renewable resources steadily, especially since the Industrial Revolution . This led to global warming due to emissions of greenhouse gases, resulting in climate change - an international threat at present. Due to the threat of depletion of resources, environmental laws and sustainable development principles are also connected to it. The first attempt at energy security began with the Stockholm Declaration , Rio Declaration and United Nations Framework Convention on Climate Change which provided for sustainable development and inter-generational equity principles, among others. There are other international instruments, but they are soft laws with no binding implications. But it shows the will of the international community. There have been actions implemented at the national level by many nations for shifting the energy source to renewable sources but there lacks a binding international convention. A vast population also doesn’t have access to electricity either despite the heavy use of fossil fuels. The paper tries to co-relate aspects of energy law environmental law, including climate change laws and sustainable development principle of inter-generational equity. It also tries to present an analysis of activities taken by a few nations to shift from non-renewable energy sources towards renewable energy sources for energy production.

India is a country with diversified languages. The country has seen a lot of changes regarding language formula in its education system, since ancient days. Though English and Hindi were official languages of the country, vernacular languages dominated the local state of affairs in each State. In this scenario, the present article focuses on the pros and cons on inculcating mother tongue as medium of instruction vis-à-vis Global Language. While dealing with the significance of vernacular language, the article also highlights the advantages of global language as medium of instruction. Concomitantly, the detriments of vernacular language and global language as medium of instruction are also described. On a study of the opportunities and obstacles, it has been felt that a balance has to be struck between both the languages. Besides, the legal components driving the Indian education system viz., Articles 19, 21, 26, 29, 30 and 350A of the Constitution of India, Directive Principles of State Policy and Right to Information Act are also dealt in the article.

The Indian Insolvency regime had seen a major setback since 2016 when the IBC – Insolvency and Bankruptcy Code was brought into. This can be called one of the biggest reforms in the history of the Indian insolvency regime. This Code has been passed by both the Houses of Parliament under the suggestive measures of a joint committee of the Parliament. For clearing and improving the credit markets, the government has taken this huge step. The Insolvency and Bankruptcy Code, 2016 is a combination of all the insolvency laws, though these laws have been changed from the already existing laws, which are very scattered. The uniqueness of this Code comes from the Corporate Insolvency Resolution Process because it keeps in mind the time management and no interference by the court, which was missing earlier. The legislation of this Code is historical in itself. The present paper is intended to analyze the corporate insolvency resolution process. The paper aims to give a brief overview of the main issues in this area. The paper tries to examine the gaps in the current system. The paper includes all the stages that are involved in the insolvency resolution process. The author also tries to figure out the recent judicial pronouncements that involve the insolvency process. The objective of this paper is to critically analyze the current legislation and to give some recommendations in this regard.

Women around the globe are fighting to make their mark in society. The defence forces of any nation is among the most prestigious organization reflecting the strength of a nation. The government of India granted women a permanent commission in the Army following judgement passed by the apex court. This decision struck down the multiple hurdles women faced while climbing the promotion ladder in defence services. The olive green uniform should not see the person donning it as a man or woman but as a soldier. This paper analyses the changing role of women in defence services. Furthermore, the impact of these changes is assessed in the backdrop of feminine jurisprudence along with various domestic and international legal developments. The changing gender roles, along with traditional and contemporary developments, are also discussed.

This paper is an attempt to understand the emerging migration patterns in India and the issues underlying them. With globalization, urbanization and accompanying changes in socio-economic conditions, migrants have been attracted to urban areas in recent times. The emerging migration pattern depicts the confinement of migrants in lower socio-economic classes in Urban India in response to the macroeconomic reforms. The National Sample Survey data (2007/08) on Migration reveals a gloomy and divergent picture of recent migrants who have migrated prior to five years. Inter-state Migration among males to urban areas shows precedence growth reflecting the Migration of people from lower socio-economic classes. The negative interrelationship between per capita income and interstate migration rate further confirms it. A steady increase of urban migrants in the lower economic class indicates Migration is dominated by poorer sections. This finding is completely different from the last NSS round, where a direct relationship between the economic status of the individual and inclination to Migration has been noticed. The reason for such a divergent pattern of Migration within a period of 10 years really needs to be investigated. Higher Migration of lower social groups takes place in an urban area compared to an earlier period. All these variations in migration patterns are attributed to rural-urban disparities in socio-economic development and increasing urbanization. Given the current development and growth of urbanization increasing regional disparities, it is likely that Migration to the urban area will accentuate more in future due to the changing nature of the economy. Hence, an enquiry into the changing pattern of Migration is critical to explore the emerging issues identify the challenges and main precedence required at the policy level for urban development.

Permanent Commission in its literal sense means "a career in the Army until you retire". Women officers could not previously have permanent roles in the Army and had to join through the SSC route, which lasted up to 14 years. After last year's judgment of SC, they are now entitled to serve permanently when their commission is completed. The Supreme Court of India (SC) ruled in the landmark case of Ministry of Defence v. Babita Puniya & Ors in February 2020 that women were qualified for Permanent Commission and commanding positions in the Indian Army on par with their male counterparts. Their victory ensures that female officers will be able to serve in all 10 branches of the Army on a permanent basis. But even now, there is a glass ceiling for women officers to enter combat forces and other 8 branches. However, being legally eligible for a PC does not mean that the road to being granted one is smooth. A year and a half into the verdict, as per data released by the Indian Army, only 45% of eligible female officers had been granted PC comparatively to 90% of male officers were cleared for PC. This shows the evident resistance to women officers from the central Government and the Indian Army. The ground reality of armed forces is the main reason behind the Army and central Government taking such an orthodox and conservative stand. Army men who were previously taught to kill their femininities are suddenly asked to accommodate the women as their superior. Inevitably, the transition towards equality for women in the forces will be far from frictionless. This paper tries to present the repercussions of the Supreme Court's judgment on women's ranks, pension, and opportunities in the Indian Army, with further examination of new institutional obstacles they have to overcome to be permanently commissioned. This research also aims to determine whether the policy of the Centre and the Indian Army in this regard is violative of the right to equality and lacks reasonable ground for discrimination.

India is the largest democracy in the world, but the law of preventive detention has brought upon plight to India’s democracy. Woefully the law of preventive detention has its place in the Indian Constitution too. India’s unresolved issues with its neighbouring countries have harmed it by the terrorist activities caused by terrorists, and the obligation to maintain public order has paved a path for the laws of preventive detention to prevail in India even after 75 years of Independence. The laws of preventive detention are a threat to human rights, which are mentioned in the form of fundamental rights in the Indian Constitution. The paper precisely focuses on the historical background, present condition, necessity and drawbacks of preventive detention laws in India and the solutions for it.

Rape is one of the heinous crimes which can be committed against women in society. Marital rape is a disgraceful offence that still exists in India in the age of feminism and gender equality and has scarred the trust and confidence of women in the institution of marriage. Although many laws are made to ensure the safety of women, it has failed to criminalize the rape that happens within the four walls of the house. Many women have to face the brunt due to the non- criminalization of Marital Rape. Exception II to Section 375 of the Indian Penal Code explicitly states that sexual intercourse by a man with his own wife, the wife not being under the age of 15 years, is not rape. Non- Consensual sexual act with an unmarried girl amounts to rape, but when it is committed against a married woman, it no longer amounts to an offence. Legislators and courts have failed to give the justification for the same for the reasons only known to them. The paper discusses the need for criminalizing Marital Rape in India, and it should be a developed notion that non-consensual sexual acts will amount to rape whether committed against married or unmarried women. The paper also focuses on the legal and judicial framework of Marital Rape in India. Also, the researcher has discussed the final arguments which are being heard by the Delhi High Court presently on the issue of the validity of marital rape exception as carved out in Exception 2 to Section 375 of the Indian Penal Code.

This paper assesses the legislative policy in India on the right of prisoners to vote. Being a democratic country, there is always an increasing recognition of the right to vote in India at national and local level. Article 326 of the Constitution of India provides for the adult suffrage which means every person who has completed the age of eighteen years is entitled to vote at an election subject to disqualifications as provided by the statute. Despite that, India has imposed a blanket ban on the voting right of the prisoners under Section 62 (5) of the Representation of People Act, 1951. By enacting this provision India in fact opted for criminal disenfranchisement. The decisions of the Courts in India are also in favour of this indiscriminate criminal disenfranchisement law. This paper critically examines the criminal disenfranchisement law in India by analyzing International instruments and law of the other countries on this topic. It also recommends that India should change its legislative policy regarding criminal disenfranchisement by removing blanket ban on the voting right of the incarcerated population.

Telemedicine is the application of artificial intelligence when a health care provider and a patient are not in the specific physical location. This means that health-care services are delivered remotely through internet. Telemedicine services comprise the transmission of patient’s health information in prescribed data formats for the purposes of diagnosis. It's worth noting, nevertheless, that using various telemedicine systems necessitates the processing of patient data. As a result, this problem should be assessed in terms of data security. Using telemedicine services will increase the link between health care providers and patients, but it should not have a negative impact on people's right to privacy. This must be viewed in the context of Indian legislation and the extent to which we have progressed towards the aim of data protection in numerous industries, such as health care.

Arbitration is an alternative dispute resolution method of settling disputes between parties, contractual or otherwise, without having to go to the court of law. However, the process is governed by a set of rules and regulations. In India, it is governed by the Arbitration and Conciliation Act, 1996 based on the UNCITRAL Model Law. The process of arbitration has gained tremendous popularity over the past few decades. It is a cost and time effective method. It provides for party autonomy. International commercial arbitration aims at resolving commercial disputes that arise between an Indian entity and a foreign entity within the framework of Arbitration laws in India. The object of this paper is to understand why international commercial arbitration is slowly but surely becoming the preference of the world, it also focuses on the process of international commercial arbitration followed in India and its enforcement by the local courts. This objective has been achieved by putting forward various provisions of the law in force in India relating to Arbitration and some ground breaking judgments which make it easy for us to grasp the working of international commercial arbitration. Further, the arbitration laws of Singapore are also discussed. The smooth working of the SIAC is cited as one of the biggest reasons for the success of arbitration in Singapore.

Gandhian philosophy on education in India forms an essential aspect of his teachings, yet the same is under-discussed and analysed. This research paper attempts to re-discover the essence of Gandhian philosophy on education and its similarity with National Education Policy 2020. The article briefly discusses Gandhiji’s views on prospects of improvement at the school and college level while considering the responsibilities of the teachers, students, and parents. It further discusses his innovative insights on teaching discrimination (while learning) to students, the concept of National school and national teacher, equalisation of handicraft making to any scientific subject, the significance of character building, emphasis on cultural roots of India, primary teaching without books, etc. The paper has artificially created 27 headings to analyse his educational philosophy, followed by a conclusion discussing the imbibition of some of his insightful teachings in the National Education Policy of India, 2020.

Even under normal conditions, people with disabilities will have difficulties accessing health care, education, job, and community involvement. They are more likely to be victims of greater rates of violence, neglect, and abuse, as well as being among the most marginalized members of any community impacted by a crisis. COVID-19 has compounded the situation by having a disproportionately harmful direct and indirect effect on individuals with disabilities. People with disabilities are more likely to have pre-existing health issues that make them more susceptible to getting the virus, resulting in more severe symptoms and a greater incidence of death. People with disabilities who depend on others for help, particularly those who live in institutions, may become isolated and unable to sustain lockdowns during the COVID-19 crisis, as indicated by the high number of fatalities in residential care homes and mental hospitals. People with disabilities are having a harder time getting access to health services and information. This article explores the particular duties of the state and other stakeholders in guaranteeing the health rights of individuals with disabilities in an infectious disease pandemic like Covid. If key stakeholders take the appropriate steps and safeguards in a timely manner, the effect may be minimised. The goal of this research is to look at the effect of the COVID-19 pandemic on persons with physical impairments, as well as the state's isolation and protective measures to safeguard them.

National Education Policy of India ( NEP), 2020 has set the goal, direction and foundation of the future of education in India. It has been long awaited to catch up and meet the rapid technological, cultural, and societal changes across the globe. The various revolutionary landmark changes in this policy have been adopted on the basis of best practices in the various countries and commissioned report and recommendations. As per the researcher's opinion, this is a holistic approach towards education, starting from a foundation level up to Ph.D. It will ensure that quality education is indeed ‘for all’ equally and create not only job-seekers but also job creators at the same time. This skillful education will put India at par with the developed countries in the near future. However, it is only a policy document and not a law yet. As education is a part of the concurrent list, both the centre as well as the state can make the law. Therefore, now it is the responsibility of the various governments in our country to give this law a shape and implement it in a true sense. There is no doubt that, through this Education Policy, Higher Education in India will be globalised and internationalized, but at the same time, it will pose many challenges too. The basic objectives of this paper is to critically analyse the core opportunities and challenges under this new Education Policy, 2020 and examine how can it be implemented. Analytical Research methods will be adopted for writing this research and research resources will be collected from parliamentary debate, news paper articles, Education Policy, 2020, the education policies of other countries and the reports of the various committees and law commissions. Research will be limited to a few landmark opportunities and challenges only, that is related to students and not the teachers.

Granting maintenance to an aggrieved wife is a proportion of civil rights without anyone else. It is a man's key obligation to maintain with his significant other, kids, guardians, close relations, and so on inasmuch as they can't maintain with themselves. This paper discusses the object of maintenance to forestall shamelessness and desperation and improve the financial state of ladies and kids. Maintenance law in India relating to Hindu females can be arranged into two sorts this paper puts the limelight on Right to Interim Maintenance this part of the paper includes Maintenance Pendente lite Maintenance for the widow. The principal type visualises maintenance following a separation, or another marital cure, for example, nullity of marriage in this part of the paper, concerning essential landmark judgments explains when a woman can get Alternate accommodation/ Right to separate accommodation. In the principal class, the maintenance can be asserted under Section 25 of Hindu Marriage Act 1955 and in the second class maintenance to a spouse, parent and youngsters under Section 125 of Cr.P.C. and Hindu Adoption and Maintenance Act, 1956. In this paper, an endeavour has been made to determine the nature and extent of maintaining a spouse, widow and ward under the Hindu Adoption and Maintenance Act 1956. Furthermore, this paper discusses Section 25 of Cr.P.C. Profoundly maintenance laws overseeing the top of the Hindu family, and adequate cures have been accommodated to something similar. This part of the puts limelight on the Indian Law And Objective And Scope Of Maintenance and discusses the Comparison Between Maintenance Laws Under Hindu Adoption And Maintenance Act 1956 And Cr.P.C 1973. The last part of this paper consists of Findings – suggestions, And Conclusion.

The elongated battle between Cyrus Mistry and Tata Sons has spotlighted the rule of majority settled long ago in the Foss v. Harbottle case. Oppression and mismanagement is the idea of administration that has seen huge improvements as of late, and the most compelling motivation has been the court question among Ratan Tata and Cyrus Mistry. The Tata Group had unexpectedly eliminated Mr Mistry from its chairmanship in 2016, and it was anything but a glad goodbye by any means. The Tata Board of Directors takes this strange advance eventually finishes into one of the most scandalous and discussed fights in the Court of the corporate world. This article has been an endeavour to comprehend how the relations between two of the greatest corporate houses weakened with around fifty years of relationship. The fight in the Supreme Court that Mr Cyrus resulted in was not to get back the seat but to make the statement that the minority investors premium is co-broad with larger part investors. Besides, the previous’ advantage can’t be defaced by last as and when they are not in concurrence with one another. This paper attempts to analyze the legal provisions of the oppression and mismanagement in Tata – Mistry Saga and the issues appertain to the prevention by the Companies Act, 2013.

The aim and objective of this paper are to study the International and National perspectives of the Right to Education. Education with a holistic outlook is dealt with the development of every person’s intellectual, emotional, social, physical, artistic, creative capacities. It looks to indulge students in the teaching/learning process and encourages personal and collective responsibility. Education is a basic human right and the best investment that we can make to ensure a sustainable future and leave no one behind. This is true for every country and every region. However, millions are deprived of educational opportunities every day, many as a result of social, cultural and economic factors. A recent report on the latest National Statistical Organization (NSO) survey shows just how sheer are the digital divide across States, cities and villages, and income groups. The study on household social consumption related to Education was part of the NSO’s 75th round, conducted from July 2017 to June 2018. Most of these Internet-enabled homes are located in metropolises, where 42% have Internet access. In rural India, however, only 15% are connected to the Internet. The Right to Education Act is supposed to be unduly input-focused rather than outcome-oriented. However, India’s new education policy has filled the fissure, which will indeed enhance the quality as well as methodologies in our education system. More Right to Education, along with other inter-governmental initiatives, has clearly succeeded in attracting children to schools but providing quality education is a very aloof vision. Under India’s RTE Act, the Continuous and Comprehensive Evaluation (CCE) is the evaluation mechanism for Elementary Education. It means an evaluation of a different kind (e.g., paper-pencil test, drawing and reading pictures, and expressing orally) which is different from the traditional system of examinations. Furthermore, the Right to Education is a fundamental right and UNESCO purposes education for all by 2015. India, along with other countries of the world, should also put genuine and honest efforts to make this goal a real achievement.

In the modern era, there is an intense focus on the foundation of individual autonomy. Citizens are given certain rights upon birth that cannot be alienated, including the right to life. Today, there is a great discussion on whether the right to life includes the right to death, as the same falls under the ambit of individual autonomy. Many are of the belief that the bodily autonomy one experiences in life should extend to their at death as well It is a well-settled principle in the medical community that it is a physician’s duty to not only extend a patient’s life but to also free them from severe pain. As they are experts in the field of medicine, they should know best when and where they can and cannot save a life or mitigate suffering effectively. Nevertheless, this principle still makes it unclear whether they are suitable to deal with the active euthanasia or assisted suicide of a patient. If a patient expresses the desire to no longer receive treatment, what does a doctor do- fulfil the patient’s desire by assisting in their demise or go against the patient’s wishes by pumping them with medication? This lacuna between a patient’s autonomy and their “right to life” deserves to be explored in depth.

Prostitution has been observed as a profession throughout ancient and modern culture. Prostitution has been narrated as the world’s oldest occupation. A Tawaif was considered a courtesan who catered to the magnanimity of South Asia, particularly during the epoch of the Mughal Empire. These sex workers would dance, sing, recite poetry and entertain their inamorato at Mehfils as like the Geisha Tradition, which was followed in Japan whose foremost purpose was to professionally entertain their guests. The most admired and the highest-rating tawaifs could often pick and choose the best of their suitors. In order to entertain their suitors, they often contribute themselves in music, dance, theatre, film and in the Urdu literary tradition. The term ‘Devadasi’ initially describes a Hindu pious practise in which girls were made to marry and dedicate themselves to a deity (Deva or Devi). They were authoritative in taking care of the temple, performing rituals, practising Bharatanatyam and other classical Indian art traditions. This status allowed and permitted them to enjoy high social status. The recognition of Devadasis seems to have reached its pinnacle around the 10th and 11th centuries. The leap-up and drop down in the status of Devadasis can be seen contrary to the rise and fall of Hindu temples. Due to the of temples by Islamic invaders, the status of the temples fell very rapidly in North India and at a slow pace in South India. The Devadasis were forced into a lifetime of poverty and prostitution after the demolition of the temples as the temples were considered as their homes. Considerably, India’s Devadasi was forced by their poor families to pledge themselves to the Hindu goddess Renuka. In the late 18th and 19th centuries, the British East India Company’s rule was fairly common for British soldiers to grab in inter-ethnic prostitution so that they could frequently visit local Indian Nautch dancers. Sex tourism came out in the late 20th century as a controversial aspect of Western tourism and globalization. It was typically undertaken internationally by tourists from wealthier countries.

In his writing, “World Poverty and Human Rights”, Thomas Pogge argues that the economic order is shaped by the better off by imposing it on the worst off. He continues it further and says that there are two kinds of obligations- First, being the negative moral obligation that one should refrain from doing anything which inflicts pain or suffering on others for one’s lesser advantage. Second is the positive obligation to help someone who is in need. Of the two obligations mentioned, the first one is the most basic and agreeable by everyone around the globe. Taking this theory forward author wants to analyse the multilateral trading institution- World Trade Organisation through the lens of global justice. It is often argued that this institution is unjust and manoeuvred by the powerful nations who decide the course of future action. In the light of the recent deadlock in the form of a trade war between the US-China and the deadlock created by the US in the appellate body of the dispute settlement understanding, this paper will analyse the bargaining power of the developing and least developed nations in the trading regime. The researcher will deal with the three major issues surrounding the WTO through this paper. i) Is developing or the least developed countries equipped to bargain in the world trading platform? ii) How far the “world court” has been able to reinforce justice without discriminating between the powerful and less powerful nations? iii) What is the mechanism for enforcement, and how far has it been successful in maintaining equitable justice?

The right given to the creators of the original work is termed as copyright. Copyrights laws are made in order to protect these original creators, authors etc. however as everything comes with certain drawbacks the drawback to copyrights is copyright infringement i.e. when someone tries to copy, duplicate, distribute the original work of another person without said consent of the creator. Now the chances of this infringement increases drastically in the digital world. The cyber space is more prone to infringements and thereby depriving these creators of their rights. In this paper the potential risk in cyber space for copyrights infringement as well the ways to protect the creators have been discussed. Furthermore some latest techniques which are being used have been elaborated to get an insight about its potential use. Although the laws mostly fail to protect these original creators but there are certain other ways or techniques to ensure that no infringement takes place which is also mentioned in this paper.

Whenever we think about Gender, or Gender inequality per se, the very first thought that comes to our mind is the inequality between men and women, which itself is indicative of how we have constructed the idea of gender to only mean the categories of men and women. An attempt has been made through this paper to explore the various constructs of gender vis—a-vis some peculiar trends and practices related to gender, especially in the west and contrasting the same position through an Indian lens. One of these practices related to Gender include the “Gender Reveal Parties” which have gained popularity in the west. This new trend of “Gender Reveal” party has become majorly prevalent in the west, in order to announce the sex of the fetus when it is still in the womb of the mother. This paper will explore this new trend that culminated in the west as “Gender Reveal” Parties in the current context of widening ambit of gender and identity issues. Further, this paper will also explore the idea of Gender Reveal in India, its legality in India and shall seek to analyze as to whether the idea of “Gender Reveal” can forward positive attitudes towards the girl child, hence preventing female feticide. The article will do so by focusing and studying sex ratio trends and sex selective abortions in India, in context of social constructs of “Gender”. The second part of this paper will focus mainly on gender sensitization and will systematically analyze the prevailing practices in the Indian society related to gender discrimination and biases. The last section of the paper will try to propose some constructive solutions to the problems and issues so identified

Bail means to release an accused person. Bail as a matter of right means that an accused person has got the right to get bail if he has committed a bailable offence which has been described under the first schedule of the criminal procedure code. If an accused is denied to get the bail, he will be in mental and corporeal destitution of jail life, so it is a right given to an accused to be free from custody till further proceeding and investigation is done. Bail should be given to a person because large numbers of people are unlettered and there is a lack of awareness seen over the victims. There is also a lot of torture by police in prison as they misuse their powers to prise out their mistake. Bail rises to give an assertion of police control and freedom to a person who has been convicted for his wrongdoing. The judiciary has given power to every individual who has been deprived of their liberty under article 21 of the Constitution. The reason for giving bail is not to let the accused person be released from prison but to release him from the misbehaviour under law. Bail is the security given by the defendant that he will be presented to the court for his hearing. A non-bailable crime is not considered as a matter of right, but an accused can be released on bail if a court thinks fit and proper to do so for the justice. It becomes the discretion of a court to grant bail or to refuse it. But if a person is granted bail under non-bailable offence then the person has to submit a bond that he will appear in the court whenever be called, and will comply with all the conditions imposed by the court.

The concept of majority rule and respect for minority rights is demonstrated in several Constitutions of the world. Today, democracy is mostly a method of government of the people that is ruled by the people. The issue of minority rights is at the center of the concept of civic rights. Minority protection, thus, operates on the hypothesis that religious, cultural, and linguistic affiliations are essential features of the very notion of a civic, just society. International minority rights speak to the wrongs that international law itself produces by organizing international political reality into a legal order. This article focuses on the uncertain effect of religious autonomy in India and the outcome of democracy in the country. The Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’. The research paper aims at understanding the ambit of the term “minority” and the rights of minorities under Article 29 & 30 of the Indian Constitution. The research paper aims to answer the question of the extent of autonomy granted to minority education institutions to protect and preserve their religion and culture. The Supreme Court, through various cases, has laid down the criteria and ambit to be covered under Article 30 grating minority community the right to establish and administer educational institutions for the betterment of their community. The objective of Article 30 is to prevent the majority to make legislation which takes away minority rights. The intervention of Supreme Court was due t0 the vulnerable position of minorities in the society. This article also explores the difficulties inherent in the conceptualization, legal definition, and use of the term "minorities," framing these issues in the context of global efforts toward human rights realization. This article urges laying aside the term "minority" as both a label and a concept and conceptualizing the mission in terms of collective human dignity protection, with this concept's deep roots in the Universal Declaration of Human Rights (UDHR). This might well be linked to the urgently needed operationalization of the Responsibility to Protect (R2P).

According to both common and company law, shareholders have the right to participate in significant corporate governance decisions, such as the appointment and removal of directors and external auditors, as well as the approval of major business decisions. Among the fundamental shareholder rights explained in this paper are the right to secure ownership registration methods, the right to transfer shares, the right to relevant and material information about the company, the right to attend general shareholder meetings and vote (in person or by proxy), and the right to a share of the company's earnings. A shareholder's rights to financial information and to challenge CEOs at general meetings will be derived from the document at a later stage. When it comes to investing, shareholders have a variety of legal rights. Shareholder rights increase controller responsibility, according to a large body of research. The danger is that if managers and large owners aren't held responsible, they'll use their positions of influence to further their own agendas at the expense of outside investors. As an alternative, strengthening shareholder rights may come at the price of other stakeholders, thereby leading in a misallocation of corporate resources, a quick description of shareholders, who are shareholders, and how they participate in corporate governance will be provided by the research study

The prison management in India is under the exclusive control of the state government. This area is out of sight and generally out of mind. No one tends to know the harsh realities prevailing inside the prison walls. It rarely makes its place in columns of newspapers unless a celebrity, politician or businessman is convicted or awarded judicial custody. The study deals with two major prisons of Odisha state. It is classified into the preview of prisons, the issues identified and suggestions regarding the same. It is an empirical work conducted by the author concerned with the access to justice mechanism.

Rape in ordinary terms can be defined as a crime of violence done by a man to a woman without her consent. Consent being the vital factor determines whether the sexual intercourse can be termed as a rape or not. Unfortunately, marital rape of woman above 18 years is still not considered as rape under our Indian Law and implementation of laws against husbands who force their wives to have sexual intercourse with them without their consent is the need of the hour and a relationship with a name should not be an exception to the concept. In common law, rape is defined as unlawful carnal intercourse without the consent of the woman. Rape can be said to be invasion of a woman’s body in which her private and personal space is violated. Over the years, the Indian laws for rape have undergone legislative transformation and received various judicial interpretations. An attempt is made to do a comparative analysis of the statutory rape laws in United Kingdom, Canada and India. International conventions drafted for protection of any kind of violence against women and girl child is also included here. The modern concept of ‘Stealthing’ is also included as it is recognized as an offence in common terms but has still not found a place under any of the Acts formulated for protection of crimes against women. The conclusion comprises the over view of the study and the drawbacks in the legislations of each country and their way out.

In India, the evolution of Hindu women property rights takes place in a remarkable way. India is a secular country that has different kind’s religions and each religion has different laws and patterns. Hence, the ownership of women property varies from religion and religion. In this article, we will see how the changes took place in the property right of women, how the amendment took place. Indeed, to give women their birthright took a long time and waited for so long but finally they claim it. Their right to get a share in inheritance property has always been restricted from ancient times. Throughout history, the property rights of women were limited and felt underprivileged. So, the judiciary has to protect their right not only in law books but also in a practical manner. The study revealed that women who don’t have a property and depend on husbands are more venerable to poverty, ill-treated and face social and economic risks. But India’s women are changing and claiming their rights. Thus, the constitution guarantees equality and hence, provides the right principles. Let’s take a look at what women struggled with and how they finally achieved their rights.

Corporate Governance plays a crucial role in regulating the corporation and the employees' conduct and helps prevent fraud. Though ethics is considered an essential aspect of Corporate Governance, the inclusion is not made mandatory for all in any specific framework, and there is no way to assess the incorporation of ethics in the corporate governance codes and code of conduct developed by the Company. Though various companies have their code of conduct to adhere to ethical practices, there is no uniform policy, and the incorporation of ethics is not seen in many companies. Thus the main aim of this paper is to reiterate the importance of ethics and how it is a critical factor in regulating the company's success. The paper also aims to bring out the need for conduct or framework, including ethics in Corporate Governance.

Electronic commerce has grown ingrained in our daily life in recent years, and numerous business transactions worth billions are conducted via this booming, new industry. This technological advancement has resulted in faster methods of conducting business transactions, which is distinct from paper transactions because the steps required to conclude and form an e-contract are distinct and may be deemed more technical than those required to conclude and form traditional contracts. In order to show the implications of the performance of E-Contracts under the said Act, it is necessary to understand the meaning of E-Contract. E-contract is one of the divisions of E-Commerce. It has a similar connotation to traditional business, in which goods and services are exchanged for a specified sum of money. The main difference is that the contract is executed using a digital communication channel, such as the internet. It enables sellers to connect directly with the final consumer, bypassing the middlemen and expediting the whole transaction process. As a result of which, this research paper attempts to highlight some of the sections of Chapter IV of the Sale Of Goods Act, 1930, which deals with the performance of a contract with special reference to E-Commerce in India and would also attempt to highlight the issues that are faced in the performance of E-Contract under the said act.

The term custodіal vіolence has not been defіned under any law. Іt іs a combіnatіon of two-word Custody and vіolence. The word ‘custody’ іmplіes guardіanshіp and protectіve care. Even when applіed to іndіcate arrest or іmprіsonment, іt does not carry any evіl symptoms durіng custody. Іn a law dіctіonary the word ‘custody’; has been defіned as charge and wіth regard to a person іn іmprіsonment: judіcіal or penal safekeepіng. As Per Chamber Dіctіonary, the condіtіon of beіng held by the polіce, arrest or іmprіsonment іs called ‘custody’. As Per Legal Glossary Dіctіonary, Custody іs іmprіsonment, the detaіnіng of a person by vіrtue of lawful Power or authorіty. Custodіal vіolence іs amongst the worst crіmes іn any cіvіlіzed socіety. Іt іs a blatant vіolatіon of human dіgnіty—іt strіkes at the very roots of the rule and law. Custodіal vіolence and abuse of power іs not only peculіar to Іndіa but іt іs also wіdespread. Іt has been the concern of the іnternatіonal communіty as the problem іs not a regіonal problem but іs unіversal and the challenge іs almost global. Thіrd degree torture and custodіal deaths, rape, molestatіon etc. have become an іntrіnsіc part of polіce іnvestіgatіons and the іnjury іnflіcted on the іnmates іs sometіmes unbearable.

Understanding about rights associated with Life goes back a long way. The issue of the Right to Life and Euthanasia is much of the time brought up in the present society, which is a topic of discussion in fields like medication, science, law, sociology and many more branches of human Life. The word Euthanasia applies to a variety of issues surrounding the determination of whether or not a person who may survive with the assistance of life support or in a reduced or weakened capacity should be allowed to die. In certain situations, it also refers to the notion that a person with a terminal disease who is in a critical condition must be terminated, allowed to end treatment, or aided by a medical professional in dying before death may otherwise occur, i.e. assisted dying where people have option and power at the end of life to let go of their suffering. However, there are an exodus amount of legal, medical and social issues associated with Euthanasia. Despite the fact that at present, only partial Euthanasia is allowed in India, that too in rare of rare cases, the word itself is still a conflicting concept before the courts, often in conjunction with the terms death with dignity or violation of Right to Life. Within the scope of this research article that deals with Euthanasia and constitutional validity: a comparative study between India and Canada, the paper aims to further the discussion and concludes with its reliable solution to mitigate procedural and even substantial loopholes in the context of India and, highlights the possible solution.

Lon L. Fuller was an eminent legal philosopher and professor who attracted a lot of attention for his ideas in his 1964 work, ‘The Morality of Law’. His work came at a time when the intellectual discourse on jurisprudence was sharply divided between natural law theorists and positivists. Lon Fuller proposed his theory as a possible reconciliation between the conflicting natural school of law and the positivist school. One of his central arguments was the “inner morality of law” – procedural guidelines on legality that were inherent to and important for any law to achieve its goals. In part, the paper shall review and reaffirm the value of Fuller’s ideas on legality in the face of popular criticisms. More importantly, however, the objective of the following paper is to elucidate how Fuller’s theory promotes dissent, legislative accountability, public agency, discourse, and even a foundation of “moral law”. In order to do this, I will summarize the relevant arguments made by Fuller, introduce the primary criticism of his theory, and argue the value of his principles in advancing a desirable system of law.

Merger and Acquisition take place with the sole objective of increasing the efficiency and profitability of the company. The circumstances that lead to the decision of merger and Acquisition varies from the bankruptcy of the company to simply expanding the business of the company. The decision of merging a company is more significant than Acquisition as, after the merger, the existence and the individuality of the company come to an end, whereas in Acquisition, the change occurs in the control of the company. The foremost advantage for a company going for Acquisition is that it facilitates in overcoming market barriers and helps in gaining a competitive superiority in the market, and helps in achieving market synergies. The perfect example for understanding the notion of Acquisition and its advantages is from studying the case of Byju’s. Byju Raveendran is the founder of the Bangalore based Educational Technology firm that emerged in the year 2015 and has now become India’s most valuable unicorn start-up with an estimated value of 16.5 billion dollars. According to sources, Byju’s is targeting US-based kids coding Start-up Tynker as its ninth Acquisition of the year. A start-up that had only 3.00,000 active users in the year 2016 is now acquiring its major competitors, spending worth 2 billion dollars in only just six months. The sudden entry of Covid-19 was disturbing, and all the transactions and business was slowed down. But the opportunity for the educational technology company increased immensely as everything was operated virtually. This came as an opportunity for Byju’s, and it simply went for acquisitions of the company who were on the disadvantageous side of the Covid effect or the advantageous side of Covid. Observing the timeline and growth of the start-up, Byju’s had the approach of expanding its business through Acquisition and in the year 2017, Byju’s acquired Vidyartha, Tutor Visa and Edurite, online tutoring platforms that significantly increased the resources and services of Byju’s. In the year 2019, Byju’s Acquisition of Palo Alto-based educational games maker Osmo, it’s first in the USA, bolstered Byju’s computer vision technology capabilities, which has helped the company create a more hands-on learning experience on its platform. In July 2020, BYJU’S acquired WhiteHat Jr. for $300 million, which teaches online coding to students through live lessons and interactive classes. The Acquisition has led to the consummation of the other major competitors in the educational market. The Singapore based company, Great Learning was acquired by Byju’s for 600 million dollars on Monday, and the educational-technology major will invest an additional 400 million dollars in strengthening its position in the professional and higher education segment. Another competitor of Byju’s, Toppr, was further acquired for 150 million dollars. To expand its connections and strongly establish its base in the U.S.A, Byju’s acquired US-based kids digital reading platform Epic in a $500 million deal. This deal will get Byju’s access to Epic’s rich global user base that is said to have doubled over the last year, and major now comprises more than 2 million teachers and 50 million kids. In other recent deals, the company took over the country’s largest brick and mortar tutoring institute, the 33-year-old Aakash Educational Services Limited (AESL), which provides reparatory services to students appearing for medical and engineering entrance exams, school/board exams, KVPY, NTSE, Olympiads and other foundation level exams, was acquired at the cost of nearly one billion dollars. The most significant essence of Acquisition is the concept of control. In the case of an acquisition, there is a game of power of control, i.e. the acquiring company purchases the assets or the majority shares of the target company that automatically gives the acquiring company the control. Both the companies do not lose their existence and function independently. This is beneficial for both the companies in terms of financial and economic terms as they increase the resources, funds and services without any major changes in their functionality and operations. Similarly, in the acquisitions of Byju’s, the companies will continue to operate independently. Great Learning will continue to function under the leadership of the CEO and Founder, Mohan Lakhamraju, along with his team. Similarly, the roles of the CEO and vital office bearers in EPIC will also remain unchanged. The company will fulfil its parent’s long-term strategy of focusing on kids’ education in India and the global markets. AESL, too will also operate as an independent entity under the umbrella of Byju’s like other acquired companies in the recent past.

Domestic violence has been reported in practically every group and civilization throughout recorded history. Every patriarchal society accepts discrimination and injustice that leads to physical, mental, or emotional violence. Domestic violence has been socially and legally tolerated for a long time unless there is a recent reference. Some significant events, laws, and ordinances give historical background within which domestic violence is clearly defined. Male dominance and portraying women as “property” or “objects” belonging to males, as well as expectations from women as an ideal “role model,” combine to make women vulnerable to discrimination, oppression, and other forms of victimhood, and so impose their subordination. Psychological wellbeing is a phrase that can refer to a state of intellectual or emotional affluence, as well as the absence of a psychological problem. An automatic mental or standard of conduct that occurs in an individual and is regarded to produce trouble or inability that isn’t typical as a component of ordinary turn of events or culture is known as a psychological issue or dysfunctional behaviour. The patterns of psychiatric disorder and psychological discomfort seen in women differ from those seen in men, according to an analysis of mental health indices and statistics. Women are 2-3 times more likely than men to experience symptoms of depression, anxiety, and nonspecific psychological distress. The impact of domestic abuse on mental health is critically examined in this research.

Intellectual property (IP) is one of the fastest-growing industries worldwide. It fosters innovation among businesses by protecting their intellectual assets and also helping them in generating additional income by exploiting their IP assets. Intellectual property rights are the best means to protect a person’s creation, and the rationale behind this protection is that it provides economic benefits to the owner. It acts as the fruit for the hard labour and effort that the owner/inventor has put in his work. In the context of a business model, especially those which are providing service or technology-driven, IP assets have started gradually replacing the traditional tangible assets. IP assets have gained much more value due to the technological revolution which has occurred in the past two or three decades and an increase in competitiveness, which have made businesses realize their role in their survival. This paper introduces IPR in a general manner and then explains the idea of how IP assets are significant in creating economic value in the context of a business. It further focuses more on Patents which is primarily one of the most important intellectual property rights when it comes to innovation and technology and how their use can favour businesses exponentially in a tough market. The paper also contains some useful case studies on different aspects of IP and also on why innovation is the deciding factor of any company’s fate. Lastly, before the conclusion, the author has given a detailed explanation of Intellectual property Management (IPM) and different IP management strategies which are significant for the acquisition, enforcement and exploitation of IP assets.

Shariah also spells out Shariah, the law, which is the basic religious concept of Islam. Islamic religious law is considered an expression of God’s commandments to Muslims and, in its application, represents a system of obligations that all Muslims are obliged to do based on their religious beliefs. Known as Shariah (literally the “road leading to the drinking fountain”), this law sacredly guides Islam to the practical expression of religious beliefs in this world and the goal of God’s grace in the coming world. It represents the path of action taken. Within this paper, we shall explore the meaning and scope of Shariya. It will mostly be based in the Indian sub-continent, though; some excerpts shall be picked up from all over the world, particularly Saudi Arabia, as it is the birthplace of Islam. We shall explore the four major sources of the Sharia – Quran, Sunna or Hadis, Ijma and Qiyas. Furthermore, we will also explore the Hanafi explanations to other sources such as the (i) Isti Hasan - Juristic preference – Equity, (ii) Isti Salah – Public Interest, (iii) Ijtehad - Exercising one’s own reasoning to deduce the rule of law (Shariat), (iv) Taqlid - Law of Precedents & (v) Fatwa’s - Decisions of Muslim Judges. Finally, we will cover ancient, medieval and contemporary applications of Islamic law, its evolution, particularly in the Indian sub-continent and the importance of this evolution. We shall also learn the different views, consistencies and inconsistencies of each Muslim source of law among different scholars, as per their understandings and their followers’. This research paper will cover vast sources from which we will trace the sources of Islamic laws and their importance, their scope and evolution. To conclude, we will discuss the state of Indian Islamic law and the usage of these sources within Indian courts.

Legislation is an organ of Government and an important source of law to formulate the procedure commenced by a competent authority. The necessity of understanding the legislative intent behind these acts provides an insight that fulfils the political interests of the national public at large. The in-depth analysis of the Government of national capital territory (Amendment) Act 2021 pictures the role of power dynamics in the country, examining the factors that infringe the fundamental, political and constitutional rights of the people. Political science plays a significant role in classifying the various agendas raised by the legislative act by uplifting the power administration of the country through exclusive jurisdiction. The rigorous discipline to interpret the legal system that notifies to promote “harmonious relations between the legislature and the executive.” fails to consider the situation of NCT of Delhi by occasioning the union government that nullifies the decision of state government by overpowering the lieutenant governor of Delhi. The imbalance of power distribution in Delhi between the Lt. governor and CM challenges the basic governance structure of the country. The principle of collective responsibility also got differed by the cabinet decision over the controversial judgement of the GNCTD act. The paper focuses on affirmations that frustrate the efforts of state government by establishing the potential for LG by necessarily granting him an opportunity to exercise the powers in the state. The paper explores the various avenues leading to the power crisis between Delhi and Union government.

“Othello”, an African General in the Venetian Army, was unequivocally abiding paradigm of perennial struggle and how his endurance ameliorated in overcoming this flounder, emerging fervently stronger than ever. He had delineated some of the greatest vendettas and triumphs of his life which swayed Desdemona. Desdemona was the daughter of the Senator of Venice- Brabantio. She fell in love with “Othello” for the ‘dangers’ he took, and he loved her for the ‘strong emotions’ she had for him. They had eloped because they knew that Brabantio would not approve of their love. Brabantio was oblivious of their elope until Iago had snitched on them, which was all a part of his devious masterplan. Iago was “Othello’s” ensign and had plotted against Othello because he was passed over for the post of lieutenant. He was executing his entire evil masterplan with Roderigo- a begrudging suitor of Desdemona, going to the extent of spending all his riches to win her over. Roderigo claims his ardour and love for Desdemona but through the course of the play, it can be fathomed that it was mere concupiscence. Iago’s main target was to obliterate Michael Cassio- the appointed lieutenant and a handsome and charming man as described in the play. He is mainly the pawn in Iago’s plan. His behaviour inadvertently moves the plot forward. Iago’s masterplan portrays how manipulation of human emotion can cause irrevocable atrocities. Feelings of jealousy, hatred, lust, vengeance and cynicism cause nothing but inevitable pain and loss.

Every job and work require certain skills and know-how, which is essential to carry on the work in that particular field. There is some knowledge that an employee, agent or worker gain while working on a particular company or industry. That knowledge may be general knowledge or might be some confidential information that can be and is important to be protected through trade secrets. We should know the laws governing trade secrets. It is also important to differentiate between the two types of knowledge. Distinguishing the two types of knowledge can be confusing at times, but there is a thin line between the two. This paper will specifically deal with the differences between the two types of knowledge. They are analyzing what type of information can be protected as trade secrets and what type of information cannot, which is important in understanding the difference. It is also hard work for the Courts to distinguish between the two from case to case. What are the factors relied upon by the courts in explaining the difference between the two? This paper endeavours to put forward how the court separates the two types of knowledge while deciding a case. The detailed case study will give us a clearer view.

In the new millennium, personal data is a type of virtual currency. Personal data has a high monetary value and continues to rise, and corporations are rushing to capitalize on this trend. Companies that see consumer data as a valuable corporate asset have spent a lot of money on software that makes it easier to obtain it. When personal data becomes a commodity, the question of whether or not legislative restrictions on data exchange are required arises; regardless of their flaws, the two concepts should not be considered mutually exclusive. Data can be collected openly and securely. Making sure to just collect what you need is a start in the right way. Apart from the obvious fear of being chased around the internet for not deciding whether to buy a certain product or not, we are faced with another underlying concern, i.e., the fact that each of our clicks on the internet is stored as digital data and our digital footprint is being analyzed, filtered and owned by the big corporations. Indian Laws are mostly silent regarding data privacy and protection, affirming the age-old saying that legislations never catch up with technology. There have been initiatives to introduce a data protection bill which we hope would be sufficient enough to protect our personal data. With this paper, I would like to touch upon the perils of Data Personalisation and propose, if possible, some remedies to it.

The role of the proposed Higher Education Commission of India must comprise efficient development and regulation of the education sector in general and legal academia in particular. The author suggests what one understands by the term ‘interdisciplinary’ and how it can be successfully incorporated into universities offering legal courses in India. Considering the fact that the NEP authorizes the HECI for the regulation of higher education in India with respect to funding, syllabus standard review (for academics) and accreditation being granted to educational institutions, this article seeks to suggest a modern approach in legal teaching by adopting the inter-disciplinary approach in the teaching pedagogy. By the term interdisciplinary, the author means “efficient education that prepares the student community for a complex world to which they are unsure/unaware about” rather than the already prevailing education system, which is not helpful as it focuses only on an outcome and not the process. “Inter-disciplinarity is the integration of the contributions of several disciplines to a problem or an issue where this integration brings interdependent parts of knowledge into harmonious relationships.” “Multi-disciplinarity is when several disciplines provide a different perspective on a problem or issue.” “Trans-disciplinarity involves an even higher level of integration, where the disciplinary perspectives themselves fall away, to be replaced by a unity of intellectual frameworks.”

The doctrine of privity finds its genesis from the common law principle and is one of the most debated subjects under the Law of contracts. The ambiguity behind the legal position is not solely because of the absence of clarity in the statute or dissenting verdicts but also the academic and judicial discourses that are associated with the genesis of the doctrine. The Indian Law defines the subject broadly as compared to English Law. Herein, according to the Law of contracts, a third party can be awarded damages if the infringement is proved and if that party comes under the scope of ‘intended beneficiary’ who has reciprocal obligations under the contract. The paper critically scrutinizes the vast kaleidoscopic range and convoluting nuances of the doctrine with the help of favouring as well as dissenting judicial pronouncements in India and England and elaborates cogently upon the essential features of the doctrine. Furthermore, it also highlights the scope of its application and certain exceptions like the rule of estoppel, acknowledgement and so on, wherein a stranger can enforce his/her rights (sue or claim damages) even without being a party to the contract.

The UN Convention on the Rights of the Child (CRC) recognizes children as rights holders and provides them with individual rights. In 1989, world leaders made a historic commitment to the world’s children by adopting the United Nations Convention on the Rights of the Child – an international agreement on childhood. It’s become the most widely ratified human rights treaty in history and has helped transform children’s lives around the world. But still not every child gets to enjoy a full childhood. Still, too many childhoods are cut short. It is up to our generation to demand that leaders from government, business and communities fulfil their commitments and take action for child rights now, once and for all. They must commit to making sure every child, has every right. Children’s rights under the CRC are commonly divided into three categories, and protection rights are one of those, beside provision rights and participation rights. However, children’s rights are indivisible and holistic and should not be seen separately or in isolation from each other. This paper is about child protection, but children cannot be properly protected without being provided with food, housing, care, health services and education or the opportunity to participate in decision-making regarding their own lives and in society. In protecting children, the interplay between the different types of rights is important. This paper provides the reader with a legal understanding of children’s right to protection against maltreatment in their homes and the obligations of states parties in implementing this right in practice. The rights and obligations form the framework within which to exercise professional judgment in this area, and specifying their content is a prerequisite for rights to be realized. The focus is on the obligations to prevent and respond to maltreatment as well as on the best interests of the child.

While India is celebrating its 75th independence, it is the right time to look back at the local government, which deals with the rural population, which was 450 million in 2017. It has been estimated that it will increase to 506 million in 2022. The local government is an important institution of this nation. It remains directly and closely connected to the people and deals with their issues in the most available decentralised way. Its proper functioning can be only be ensured by looking at its evolution, the power it has to execute the requirement of people, and by rectifying the fault, it has in it. In the piece, we will focus on the evolution of local governance in India, how significant the 73rd amendment to the constitution is empowering the local government, and we will also focus on its faults.

‘Responsibility to Protect’ is evolving as a norm in International Law to protect the people from genocide, crimes against humanity, and war crimes. This norm results from the international response to various humanitarian crises in the 1990s and a paradigm shift in the security discourse after the dismemberment of the USSR. However, International Law has been used by the First World countries to further their imperial agenda, and it is a truism that the entire oeuvre of International Law is shaped by the colonial conquest. Therefore, this norm has received a skeptical response from Third World scholars as they see it as a threat to the sovereignty of Third World countries. This paper critically engages with Responsibility to Protect from the prism of TWAIL scholarship. For this purpose, I have deployed TWAIL as an epistemological category using its ‘hermeneutics of suspicion’ to examine the nature of ‘Responsibility to Protect’ and its effect on Third World sovereignty.

Transgender individuals have been an integral piece of the Indian culture for quite a long time. There is recorded proof in the form of Hindu folktales, epics and early Vedic and Puranic literature since ancient India acknowledging the "third sex" or people not affirmed to a male or female sex, i.e., the idea of "Tritiyaprakriti" or "Napumsaka". The downshift was caused due to the presence of the Britishers in India during the 19th century. It is extremely unfortunate to see people criticising and disregarding humans on the basis of their gender or sexuality. The reason cited, such as sexually deviant and mentally sick and "not worthy", gives us an idea of how the Indian society has a double standard attitude when the same transgenders are invited to the home to bless baby boys. The Indian lawmakers took years to ignore the basic human rights violation that was occurring and understand their plight and give them a sense of respect and individuality in the world. This paper explores the social life of the Indian Transgender Community, where their equation with family and society at large has been studied and analysed and how religion and caste system plays a part in that with the help of various primary data and doctrinal sources. Also, the historical evolution of the laws made for the Transgender community has been critically analysed, considering the main issue that has been underlined and the need to uphold rights from the transgender's perspective. It is imperative to mention the magnitude of trauma, anxiety and depression that takes a toll on a human mind. Despite limited resources, the author has collected and presented the topic in a true and sensitive manner.

Corporate Social Responsibility is a self-regulatory business model that enables companies to be socially accountable to themselves, their stakeholders, and the general public. Companies can be aware of their impact on all parts of society, including economic, social, and environmental, by exercising corporate social responsibility, also known as corporate citizenship. The efforts made by the companies under CSR has boosted the image and brand value of the companies. Today, the entire world is struggling with and overcoming a catastrophe that no one could have predicted. The Ministry of Corporate Affairs quickly clarified that spending of CSR funds for COVID-19 shall be considered an eligible CSR activity. Corporate India applauded this move. The decision to enable spending of funds on COVID-19 relief operations to be counted as CSR spend generated a win-win situation for companies with an existing CSR responsibility which either way was obligated to contribute to the society under the Companies Act. The Companies CSR funds can be used towards promoting preventing care, healthcare infrastructure and disaster management.

Various corporate scams in the corporation in different jurisdictions like the Enron debacle in the American jurisdiction, Bank of Credit and Commerce International & Maxwell Communications Corporation in United kingdom’s jurisdiction and Satyam scam in the Indian jurisdiction gave birth to the concept of corporate governance to strengthen the trust of the investors and to create an atmosphere of accountability for the controllers of the corporation. This paper seeks to examine the evolution in the Corporate governance Framework of India and identify and address the significant challenges & suggest any changes to the legislative provision keeping current developments in mind to strengthen the trust upon Indian corporations in the age of technology and dynamic global environment.

This paper attempts to examine the trial of Saddam Hussein pointedly, who was a tyrannical dictator of Iraq and, in brief, the events leading to the rise of his tyrannical dictatorship. Not only is the dictator a sadistic tyrant, but has he also been reported to have conducted torture chambers conducting experiments on the dissidents of the government. The paper also examines the charges that were brought against Saddam Hussein and how the coalition forces captured and put an end to the oppression of the Iraqi people. The author seeks to find how the Iraqi Special Tribunal (IST) was set up and the criticisms the tribunal received from the international community. It is imperative to understand the political situations of Iraq before Saddam Hussein and the wars fought by Iraq under his reign with its neighbours resulting in an eventual intervention by Coalition Forces that marked the doom of Saddam’s rule.

Doctrine of Separation of Powers states that the personnel, functions and powers of the three organs of the government that is, the legislature, the executive and the judiciary must be kept separate, independent and distinct with no overlaps. It implies that the personnel in the legislative branch are not be involved in the functions which are to be performed by the judiciary or the executive, the judiciary is not to involve with the functions of the executive or the legislature and the executive is not to interfere and involve with the functions and duties of the legislative or judiciary. This research paper discusses on the need, merits and demerits of Doctrine of Separation of Powers. It also gives a brief insight on the system of checks and balances evolved from the Doctrine of Separation of Powers given by Montesquieu and concludes on the impact that this doctrine has over large democracies of the world such as USA, Britain and India.

This research paper seeks to highlight the plight of women in various facets of the legal profession, unveiling the role of women in every position offered by profession, such as as a student, a teacher and a career person. It also mentions a few of the fundamental challenges women face in the profession. It is based on several statistics and articles as scoured by the author to fully understand and analyse the participation of women in the legal profession.

The Prevention of Corruption Act, 1988 (referred to as ‘the Act’) is the main anti-corruption legislation in India. It addresses bribery and corruption offences committed by public servants. Section 7 of the Prevention of Corruption Act, 1988 deals with public servants taking gratifications other than legal remuneration (illegal gratifications) in respect of an official act, while Section 13 of the Act pertains to criminal misconduct by public servants. Both sections are fairly broad in scope, and over the years, their scope and ambit have been interpreted by judicial precedent. In this case, the Supreme Court postulated the essential factors for determining whether bribery, as contemplated under Section 7 read with Section 13 of the Act, has been committed. The court held that in order to prove an offence under these sections, it is necessary to establish that the public servant both demanded and accepted the bribe. The Supreme Court also dealt with the evidentiary value of a hostile witness's evidence and held that his or her evidence could not be ignored in its entirety merely because the witness has become hostile.

The nature of International Law is often divided into the Naturalist and the Positivist worldviews. The former professes the supremacy of the Law of Nature, whereas the latter champion the will of the sovereign State. Jurists have often exchanged arguments fervently supporting their causes for either side in attempts to present a realistic approach towards the chief characteristics of International Law. In the Asylum case, as it is now famously known, the International Court of Justice gives weight to the independent will of the defendant by endorsing its demurral towards Customary Law despite it being considered as a source of International Law.

The need for globalization is one of the most important factors promoting the compatibility and conformity of national legal regulations with international standards and practices. For almost of countries, especially developing countries like Vietnam, international economic integration and efforts to reform the investment and business environment will be a prerequisite to attract investors and affirm its position in the international arena. To realize this goal, information disclosure of public companies is considered as an essential factor contributing to the process of building a transparent and sustainable market. Therefore, the completion of the legal framework and the application of appropriate solutions to ensure the effective and strict implementation of the law are indispensable requirements, contributing to the upgrade of the securities market in Vietnam and making it become a high quality and competitive one.

Women empowerment is a procuring term to make women create their own dwelling, their participation in all areas and sectors to build stronger economies and survival with dignity to improve their quality of life and bring gender equality. Empowerment means moving from enforced powerlessness to a position of power. Empowerment is the expansion of freedom of choice and action. Education is an essential means of empowering women with the knowledge, skills and self-confidence necessary to fully participate in the development process. Sustainable development is only possible when women and men enjoy equal opportunities to reach their potential. This paper carries the concept of empowerment and gives an overview on the role of women’s empowerment in the context of the sustainable development Agenda, clarifies concepts relating to empowerment and sustainable development and examines the means of implementing, financing and monitoring the activities related to the concept of sustainable development. It then discusses the concept of sustainable development and its goals to achieve gender equality and empower all women and girls. This research paper merges the concept of empowering women and sustainable development, mainly enumerating the concept of empowering women in the context of the 2030 Agenda. This research paper concludes by providing further steps of improvement and suggestions for empowering women to contribute to the health and productivity of whole families and communities and to improve prospects for the next generation, and to prove women are neither superior nor inferior to men -both are equal, so they deserve equal opportunity and distribution of resource.

Human life is not merely described as a state of living. It comes along with a bundle of rights revolving around it. As iterated by the courts in India, the right to life is inclusive of a life with dignity. This includes economic, cultural, social rights, which are also some of the most important rights recognized by civilized sovereign nations. In a fast-paced emerging world, where the need for change through development is unavoidable, the impact of such a need for development has been the greatest on the environment. Mother Nature, which allows us to survive on the planet, has been slowly but steadily transitioning into an uninhabitable place. It is to be understood that the issue of climate change is not confined to territorial boundaries. Therefore the reading of international instruments in the subject matter becomes eminent. At the same time, the implementation aspect and the action plan can be segregated to national jurisdictions. The drastic changes in the climatic conditions also affect the human rights of people in more ways than we can think of. The statement of David Brower that “we do not inherit the earth from our ancestors, we borrow it from our children” holds immense value. The research paper throws light on the International instruments which provide safeguards for the economic, cultural and social rights of people due to climatic conditions and environmental harms. The study also aims to enquire about the rising temperatures of the world along with social dimensions attached to climate change. Ways to reverse climate change have also been discussed for a way forward, followed by recommendations and a conclusion.

The COVID-19 pandemic has, over the course of its 3 years, resulted in a significant loss of human life and continues to pose an incomparable challenge to day-to-day activities. The Indian Legal System, even before it entered the pandemic, was in severe ill health and enduring co-morbidities. With an unparalleled burden of judicial pendency, infrastructural shortcomings, scarce representation, etc., the condition of the Indian legal system was expected to severely deteriorate due to the pandemic and its corresponding implications. As the Covid crisis ploughed on, ravishing economies and reshaping livelihoods, the legal landscape too underwent harsh disturbances. With the pandemic-induced lockdown put in place, legal services in India and around the world found themselves shoved into an intimidating and novel online medium. Paradoxically, as horrifying and painful as the pandemic has been to a majority of the legal institution, it was seen that a part of these changes emerged for the betterment of the legal system and all those that it served to help. This paper aims to critically analyse the positive impacts the Covid-19 pandemic has on the Indian legal landscape, with particular emphasis on the problems facing the Indian legal system now and how the pandemic may bring about a change for the better.

Medical Negligence is a concept that has been in play for quite a long time. It is crucial to note that medical Negligence is not about getting an undesired outcome, but it strongly dwells on the concept of providing reasonable care to the patients when in need. It is more about the conduct of the medical professionals, which includes making time for their patients, explaining different approaches and corresponding risks in a language that their patients could understand, giving sufficient time for the patients to weigh the pros and cons of each approach and then obtain informed consent, providing reasonable care and being empathetic towards the patients and treating their patients in the way in which they would want to be treated if they were the patient and so on. This paper throws light on the ingredients of medical Negligence, the duty of the medical practitioner towards at-risk third parties, the liability associated with medical Negligence, tests laid down to establish a thin line of difference between medical Negligence and an act that could serve as a defence and finally some suggestions to avoid such reckless behaviour on the part of the medical professionals.

This paper focuses on analyzing the nature of state-imposed restrictions on the freedom of the press in India. The author has understood and demarcated the nature of restrictions imposed on the said freedom in three categories, namely the censorship approach, the forced-price hike approach, and the legislative approach. The paper also delves into the nature of judicial decisions whenever the liberties of media are curtailed by the state by employing the above-stated approaches. Judiciary has come to the aid of media in several cases where censorship, imposition of taxes, and duties on newspapers or statutes limiting the freedom of the press have been held as unconstitutional. The author has finally classified the approach taken to curtail media in two categories, namely overt and covert categories. The overt approach encompasses methods to directly and ostensibly regulate the freedom of the press, for instance, through censorship method and the covert approach encompasses the methods to indirectly and discreetly permit the state to regulate the press, such as the law relating to defamation that can be used to impose fetters on the media. The piece concludes with certain suggestions to strengthen the institution of media in India.

This thesis explores the various kinds of drugs available that are enough to make any human suffer from different kinds of health and mental issues. It also discusses the various symptoms of reactions on the human body that needs to be treated at the earliest. Drugs are compound injected into one’s body in different ways, and it has different effects on different bodies. This thesis also brings real instances in day-to-day life with the help of various news clippings on real-life instances of people seen on screen. There are various risk factors involved, along with some complications by the use of it. The paper further involves the prevention and steps to be taken for a person suffering from the drug.

Acid attack, also known as vitriolic, is a form of violence against women; it is defined as the act of pouring acid intentionally on the body of the victim to mutilate, torment or kill. Most of the acid attack cases occur due to refusal to marriage or a rejection of romance, a marker of how prevalent male egoism and patriarchy are in society. Other reasons for acid attacks include malice and jealousy. This paper describes the practical consequence of the acid attack on the body, i.e., mutilation & health complications caused by the burnt & mind, i.e., post-traumatic stress disorder of the victim as well as loss of social & economic life, i.e., isolation, negative comments, chances of marriage reduces, unable to find jobs, abandoned by the family members which leads to an emotional breakdown. This paper deals with the legal framework of acid attacks; the Criminal (Amendment) Act, 2013 inserted Sections 326A & 326B in The Indian Penal Code for the victims of such attacks. Acid attacks are treated as one of the cruellest crimes as it causes long-lasting suffering to the victim. As acid melts flesh and even the bones of a person, it causes unprecedented pain to the survivor and leaves her disfigured, as well as giving permanent disabilities such as blindness loss of hearing. The paper tracks how the courts in India have dealt with the issue of acid attacks. In some cases, the accused has been guilty of murder, as the mens rea of the attacker has been considered to be an intention to kill the victim. However, the amount of compensation has been mere.

Earlier drafting of contract required professionals who would prepare contract draft according to the needs of the client. Technology advancement has simpler the way of working. The development in technology and interrelating it with drafting work has made it easier to prepare the document. A smart contract on the Blockchain allows parties to self-execute the contract with the terms of the agreement between buyer and seller without the engagement of third parties. It is automatically executed once the terms of the agreement are met. The benefit of a Smart Contract is that it takes less time as once the terms of the agreement is met, it executes automatically without any paperwork, and also Blockchain records are encrypted so it is safe and can not be altered. In this paper, I will discuss how blockchain technology came and how it changed the shape of Traditional Contracts into Smart contracts.

The medical profession, which is known to be one of the noblest professions, has no immunity to negligence and medical negligence has become one of the concerned and serious issues in the entire nation. It is evidently a serious concern, and according to statistics, around 52 lakhs of medical injuries are recorded every year in India and out of which 98,000 are of medical negligence, and around 11 people die every hour in this country due to this. Medical practitioners who are held liable for negligence or deficiency in service under The Consumer Protection Act, 1986, are not an exception to this rule. It is the duty of the doctor to take proper care and caution to avoid any mishap and any negligence which can have life-changing effects on the patients. The awareness among the public is increasing, and hospital management is facing complaints regarding the facilities, unprofessionalism of doctors, and the appropriateness of their therapeutic and diagnostic methods at an increasing rate. This article mainly deals with various dimensions of medical negligence and the remedies that are available against medical negligence

Arbitration is a private adjudicatory forum resembling the characteristics of judicial adjudication rendering final justice to the parties at dispute. The foremost task of the process of arbitration is the appointment of the arbitrator(s), which constitutes the arbitral tribunal and facilitates the process further. The process of appointment of the arbitrator(s) is dependent upon the agreement of the parties to the contract. Failure to agree upon the procedure or deadlock between the parties is concomitant to external aid, either of the Court or the permanent arbitral institute, depending upon the curial law of the country. The statutory procedure of appointment of the arbitrator(s) varies from one country to another despite the attempt of the United Nations Commission of International Trade Law Model Law on International Commercial Arbitration, 1985, to uniform the law of arbitration globally. This journey of twenty-four years from 1996 to 2020 have shaped and encapsulated the best arbitration practices in the Indian arbitration regime, specifically vis-à-vis the appointment of the arbitrator(s) under section 11 of the Arbitration and Conciliation Act, 1996. The legislature enacted two amendment Acts, and the one common element of both the amendments was a drastic atonement of the procedure of appointment of the arbitrator(s) under Section 11. To put it succinctly, there was a shift from ‘chief Justice’ to ‘Court’ and then to ‘arbitral institute’ as the appointing authority. The judiciary, on the other hand, equally contributed towards developing a better and improved law of arbitration in each phase of the shift under section 11, scrutinising the agreement and determining the circumstances under which the Court can legitimately exercise its jurisdiction under section 11 to appoint the arbitrator(s). This paper, through descriptive and comparative research, attempts to trace and analyse the shift and development in the procedure of appointment from both the legislative as well judicial aspect.

Over the course of time, Indian Courts are proving to be an essential pillar in modelling the tax laws in the Country. Determination of taxable income is perhaps the primary step that any assessment authority will have to undertake to assess the amount of tax. Section 2(24) of the Act attempts to define the term ‘Income’. Section 28(iv) takes into consideration the nexus between the business or profession, and the receipt is considered as an income chargeable to tax. A peculiar scenario that emerged in the light of the above-stated provision was whether the waiver of loan granted to any particular entity carrying out business or profession could be classified as an income chargeable to tax under Section 28(iv). The Supreme Court, in the case of CIT v. Mahindra and Mahindra, ruled that waiver of a loan is not a chargeable income under Section 28(iv). It is to be noted that, although the Supreme Court laid down the above-stated rule in the Mahindra Case, the Bombay High Court in Essar Shipping Ltd has dissected the judgment of the Apex Court and has substantially focussed on its applicability by comparing it with other decisions of High Courts and the Supreme Court, to the extent of overruling one of its earlier judgments. Therefore, the current position of law, including a cumulative understanding of the stand of the Apex Court in various cases in this regard, can significantly be studied by an analysis of the judgment of the Bombay High Court in the case of M/s Essar Shipping Ltd v. CIT

What does the law mean to ordinary people? Such a broad question can be answered in several ways, depending on the point of view, disciplinary training, etc. From the point of view of economic analysis, a single actor would consider the law as a system of incentives. In this perspective, incentives provide or even constitute reasons to act. Attention, therefore, shifts from isolated incentives to the mechanism that generates such incentive-sensitive behaviour. In the ancient neoclassic economic account, people reply to incentives with a motivation to maximize their expected utility conjointly referred to as rational preferences. The economic analysis of law subscribes to the postulate of rationality, therefore, treats law as a kind of price system. This research addresses important ways in which actual behaviour differs from the behaviour predicted by the traditional rationality-based model. However, since economics still lacks a general theoretical explanation that can replace the workhorse of rational preference, the legal applications of behavioural economics, at least at the general level, are more specific than general: What does the law mean for the ordinary citizen? Law means justice, morality, reason, order, and fairness from the point of view of society. The law designates the statutes, acts, rules, regulations, ordinances, and ordinances from the point of view of the legislator. This article certainly makes a bold attempt to paint an analytical framework to answer this question. Instead of examining the legal implications of bounded rationality - a very laudable exercise in itself - this article proposes a theory of extended rationality. The main idea of this theory is to expand the concept of personal utility in such a way that it encompasses personal values. This theory could be useful for economics in general, but it could be particularly useful for developing legal and economic accounts of legal issues that have been constrained by the traditional model of rationality. Defined as desirable values, the guide on your individuals selects actions, assesses people and events, and explains or justifies their actions and evaluations

This paper critically analyses the most general, sceptic and imprecise issues of the position of the refugees in India and the inside outs of the reasons why India has not ratified the 1951 U.N. Refugee Convention nor its 1967 Protocol, which has 140 signatories, an overwhelming majority of the world’s 190-odd nations. The reasons for it are geopolitical concerns which are both intramural and extramural to the Republic of India. However, India continued to host a large population of refugees who were treated well. What is the requirement of ratifying a law when you are already fulfilling your duty was the question behind India’s objection, whereas some experts in the field of South Asian Relations are of the opinion that India, in any case, is bound by this principle because it is contained in the 1984 Convention against torture, to which India is a signatory. India is home to diverse groups of refugees, ranging from Buddhist-Chakmas from the Chittagong Hill Tracts of Bangladesh to Bhutanese from Nepal, Muslim-Rohingyas from Myanmar, large populations of Tibetans and Sri Lankan Tamils and small populations from Afghanistan, Somalia, Sudan and other Sub Saharan-African countries. According to the UNHCR factsheet, there were 209,234 refugees, asylum seekers and “others of concern” in India in 2016. The UNHCR financially assisted only 31,600 of them. But there is a sudden shift in the situations with the upcoming implementation of the NRC Bill. The paper also explains the impacts of the NRC Bill and after-effects of the same in the context of the lives of the refugees after the NRC Bill. Internal security, change in demographic status, overpopulation and its direct impacts on the GDP are some of the minor areas briefed by the paper.

The importance of arbitration as an alternative method for resolving commercial and investment disputes is increasing day by day. The effectiveness of arbitration and the enhancement of the litigants’ confidence in the arbitral process depend mainly on the fairness, integrity and quality of the arbitrators. Maintaining this effectiveness requires an effective methodology that guarantees the integrity (independence and impartiality) of arbitrators. Most national laws and international agreements stipulate that the lack of impartiality and independence of arbitrators is a reason to challenge them. A large number of national and international legislations use both terms, impartiality and independence, to express the same connotation, while the two terms are not identical in semantics. The present paper examines the difference between impartiality and independence and what is the impact of this difference on the process of challenging arbitrators and on the level of evidence.

As we’re advancing towards a better and developed future, we are leaving behind the most important thing that started all of this in the first place- “The Environment”. Right to a wholesome environment is a very basic right and a very important right. Everything is just meaningless without life, and the environment preserves life. Our reason for choosing this topic was, in our everyday life we come across many problems, and we work on them, but we forget about the air we breathe, and how it is degraded every day as deforestation rates rise, we forget about the sky we see and the ozone hole caused by the CFC’s from our refrigerators and air conditioners. It is human tendency to overlook something unless it becomes a blunder. The same is happening with the environment. However, there are steps taken by the Government like the “Swacch Bharat Abhiyaan” or the Mines and Minerals Development and Regulation Act, 1957 and the Environment(Protection) Act, 1986, which made river sand mining illegal. Still, the environment is harmed every day

Nationality refers to the membership of a nation or a sovereign state in addition to the political rights and other privileges accompanied by it. The right to nationality is a very important right that is available to each and every human. The right to nationality is an important human right. Article 15 in the universal declaration of human rights state that each and every person have a right to a nationality. It also states that each and every person has the right to change their nationality as well. Universal declaration of human rights also states that no one should be arbitrarily deprived of his nationality. This paper mainly deals with the causes and consequences of being stateless. It also deals with ways of acquiring nationality. A person who is stateless has to face problems each and every day of his or her life. A person without nationality has to suffer his entire life. His basic human rights are violated every day. This article deals with the problems that the people who are stateless face. It also deals with the reasons for people to be stateless. The Universal declaration of human rights is an international document that contains the rights and freedom of all human beings. These rights are called human rights, and they shouldn’t be violated at any cost. If these rights are violated, then the person who has violated it will be held liable. These rights have to be protected and shouldn’t be violated. Their rights are enjoyed by any individual anywhere in the world, and It is for one and all, regardless of gender, religion, language, race etc.

In the digital era, ICT has revolutionized each sector, and Internet usage has become an addictive act day by day. For years, there has been an increase in internet crimes against women, and the lockdown has emboldened stalkers. Technical and legal measures are being taken to protect computer systems and to prevent and deter illegal behaviour. However, due to no physical limitations, criminal activities are increasing. Even though India has enacted laws for protecting cyber offences but still crime rates are high. Cybercrime offences against women and children are at an all-time high, and they could pose a serious threat to a person’s overall security. The combination of the internet and social platform are the major causes for cyber-crime against women and children. The cyber-world has united people across the world both personally and professionally, and now it has reached its highest peak, which has led to new offences, and the victims are mostly women. The internet, even though it has aided society in many positive ways, at the same time, it has paved the way for many new cyber offences. The traditional laws which regulated the society are not enough for the present scenario. According to the research conducted by the Indian computer emergency response team, one cyber-attack is reported every 10 minutes. This paper analyses the loopholes in the system with regards to handling offences related to cybercrimes on women, and it also analyses the provisions of the Indian Penal Code and Information Technology Act 2000 regarding cyber offences. Lastly, the author concludes by recommending certain necessary measures for addressing this issue.

In this paper, I would like to firstly introduce ICSID as an arbitral institution pioneering on Investor-State dispute settlements through a historical & juridical discourse of its inception by the World Bank Group & highlight the importance of arbitrator’s independence & impartiality in the ICSID Convention through a critical analysis & imploration as a result of a wide public interest at stake in the arbitral proceedings undertaken. Further in this paper, I seek to engage in a critical study on the enforcement procedure, Appeal Mechanism & practical implication of the Convention awards to highlight certain hindrances & obstacles in enforcement procedures. Finally, the paper attempts to conceptualise & evaluate the interlinking & intertwining of the dual Conventions available for Investor-State Disputes with the help of Chevron- Ecuador investment arbitration & further evaluate as well as analyse the very possibility of enforcement of ICISD Convention awards through the residuary provisions of New York Convention.

Global climate change, which is a result of human activity, poses a threat to humanity and the world's survival. Human people are the most intelligent species on the planet, and they enjoy exploiting and destroying it in order to survive. Regardless of class, creed, ethnicity, or birth, all creatures have the right to live in a free and fair environment with dignity. Climate Change violates the right to life, which includes the right to the environment. Global warming and climate emergency have put the global commons in a state of emergency, which is no longer just an environmental issue but also a sociopolitical, economic, legal, and scientific reality. Every action taken in response to climate change has the potential to inflict environmental injustice everywhere. Environmental justice means that no one will be harmed while exercising their right to life and the environment. Environmental justice is a tangential topic in Human Rights law. Earth must be protected from the effects of Climate change, in order to ensure Environmental justice and the Fundamental Right to Life. India is the fourth highest emitter of greenhouse gases in India and is also highly affected by climate change since it is a developing country. India is a member of the United Nations Framework Convention on Climate Change and has a slew of green laws in place to address climate change. India currently lacks a need-driven strategy to develop a single specialised climate change and technology transfer policy. In the present manuscript, the author has explored climate change and its role in environmental injustice in the Indian context, as well as possible solutions to safeguard our fundamental right to life and right to the environment.

This research study attempts to assess the views of the court (both the Hon’ble Supreme Court of India and the Hon’ble Delhi High Court) on the deplorable practice of forum shopping in matters involving intellectual property violations. The tactic of plaintiffs seeking those jurisdictions they believe are most willing to declare a favourable ruling or verdict, known as forum shopping, has grown in popularity in recent decades. Numerous plaintiffs, for instance, have brought actions in the Delhi High Court, asserting jurisdiction judging by past orders or perhaps even the mere potential of infringement in Delhi. The Delhi High Court is well-known for its proactive strategy to safeguarding intellectual property rights (“IPRs”) and for resolving such cases in a timely and effective manner. As a response, it has now become a favourite gathering spot for IP litigation. The facts and decisions of key cases given by the Apex Court and the Delhi High Court with the aforementioned trend of altering jurisdiction are the basis for this study. The paper's main findings are that forum shopping can overwhelm some courts, cause needless expenditures for defendants, and generate a bad public view of the judicial system's impartiality. The findings of this study article are significant since the online world has made it easier for persons to duplicate and disseminate recognized trademarks and content, but its ubiquity beyond borders has made identifying jurisdictional competence for legal action more onerous. The subject of jurisdictional competence has indeed been brought before courts several times, and there has been a significant amount of jurisprudence on it. This research paper summarizes the key implications from the decision, including how to decentralize IP matters and to discourage the tendency or upsurge of the conduct of forum shopping.

Human has always desired to have proper nutrition. The phrase “what food you eat just like be your mind’ can be stated here. At present world everybody wants to get good nutrition. It is required that everyone must understand the role of nutrition for good health. It is also desired that every food service provider should focus on the nutritional value of food. Getting proper nutrition is a serious health concern in the country i.e. India. Malnutrition has plagued the Indian food for decades. There food which we take in our daily life lacks in the nutritional quality. There is no doubt about this point that Indian government at present has launched many schemes to ensure the nutritional quality of the children. Yet it is the hard reality that such food has a very lower food nutritional quality in it. Though adequate provisions related food security and nutrition are given in the recently enacted Food Security Act, 2013, still the better implementation is required. Under this research article researcher will try to highlight the present scenario of nutrition and its impact on the rights of child.

Labour is the backbone of modern society. Developing countries like India require a systematic and transparent approach to the conduct of their workforce. The Industrial Relations Code, 2020 was introduced to provide single comprehensive legislation to tackle all the requisite requirements for the workforce of the country. In view of the evolving requirements of the workforce, the Code aims to benefit both companies and employees. It intends to streamline the dispute resolution process, protect fixed-term workers, mandate the implementation of standing orders by all big industrial enterprises, establish a re-skilling fund for retrenched workers, and increase fines to prevent non-compliance. This legislative commentary aims to interpret the nuances with respect to the inherent need for an articulate labour code in India as well as their implementation in practice.

In a democratic country like India, the media acts as a fourth pillar to provide transparency accountability, raise public awareness, and facilitate a forum for public discussion. The media is a one-way channel of communication that reaches the vast majority of the general public. It covers almost every issue and the subject of daily national/state/local affairs. It would not be inappropriate to say that people consider everything true they get to know through these media channels. But the truth of today’s media is inept to be considered as the most important and efficient source of news and information. In a criminal justice system, the relationship between crime and media’s perception is much important. The media plays an essential role in public policymaking. Further, its coverage of crime news stories also helps to set the agenda and reinforce support for punitive policies. In various cases, the apex court has opined that the media should observe restraint while reporting the case so as not to interfere with a fair trial. There are many cases where the media has performed public vilification of the accused and holds a parallel investigation. Today, the media is more focused upon the discovery of facts as a way of earning Television Rating Point (TRP) to gain more audience. They are less bothered about the credibility of the source. Nowadays, the media is violating all norms of ethical journalistic practice while reporting crime and investigation.

As we know that globalization is increasing, and the commercial market is also growing, so it gives rise to disputes and conflicts among the people regarding the contracts. Apart from Litigation, there are many other ways to resolve disputes, and one such method is Arbitration. In Arbitration, the case is settled by the mutual entity known as the arbitrator. Arbitrators are the individuals that are tasked to resolve the disputes among parties as autonomous persons. The process to settle the cases through Arbitration in India is increasing a lot as we know that the Supreme Courts, High Courts, and District Courts are overflooded with the cases that are not settled yet, and Arbitration is a very quick and effective way to settle the disputes. So this paper will allow you to analyze What is Arbitration? What are its advantages disadvantages? How the cases can be settled through Arbitration and Which type of cases can be solved with the help of Arbitration and finally author has analyzed the present law of Arbitration prevailing in India.

The high rate of progression in information and technology is accompanied by an exponential increase in the rate of cyber offences especially embracing the intellectual property regime. The cyberspace jurisprudence gains attention because of the conflict in the traditional litigation approach and the requirement of the unconventional mechanism to resolve disputes novice in nature arising out of the technological advancement. Where multiple transactions occur in a series of a single thread of transactions, the most important issue that emanates from the discussion is the appropriateness of the jurisdiction sought for the resolution of the dispute. In the light of the same, this paper attempts to analyse the application of the traditional approach of seeking jurisdiction for the determination of intellectual property related cyberspace cases and the issues incidental to it.

Mythology is the backbone of all cultures and civilizations. The rich heritage of the mythology is the foundation of Indian culture. The epic narrative of the Mahabharata had been written thousands of years ago. However, the incredible story keeps on discovering conspicuousness in each type of craftsmanship and keeps on overpowering us even today. It is as yet venerated not simply because of its wonderful loftiness; however, the profoundly philosophical thoughts that propagate all through the epic show us the craft of living. Being an important text of Indian culture and the stories that we have grown up with hold relevance even during present times. The Mahabharata is not just a story of morality to be narrated from the generations but an unending source of study. Plenty of critics has been studied the text from several perspectives. Still, much remains to be discovered and researched. The paper intends to analyze The Palace of Illusions by Chaitra Banajee Divakaruni, which looks afresh into the stunning character Draupadi of the Mahabharata. The study aims to discover the quest for gender identities and self-crisis in the powerful epic retelling.

“Let hundred guilty be acquitted, but one innocent must not be punished” is the prime perspective of the Indian criminal justice system to achieve a status of a fair trial. Such an immense motive requires due care and caution that stretches the procedure long enough. A fair trial needs some passage of time to discover facts. People ask for quick proceedings, fast track courts ignoring negative effects, but we do not find a way to abstain from the primitive legal procedure. The problem lies in the ignorance of the gap between the common man and our sacred legal system. A person is believed to be a criminal as soon as he is arrested, or just allegations are made to him. In the meanwhile, the case acquires great publicity, and the unfavourable judgments lead to agitation. These are the prejudiced beliefs that force us to act upon inappropriate behaviour. Also, the lack of coordination among the four limbs of criminology; Police, Prosecution, Judiciary, Prison, quashes the interest of justice. That is why people never confront the procedure, always try to find lacuna. This happens where we have best of all implemented legal systems, procedural and substantial. This is a serious matter to look upon that law is clear and absolute; it cannot be altered, but the facts can be. In the era of corruption, Social Support can be seen as the fifth pillar of the Criminal Justice System. There is an intense need to check upon access to justice, its craters, and efficiencies, to explain the theories of criminology and to track the legislative legitimacy of principles of the Criminal Justice System, which cannot be done without social support.

This paper aims to explore the various disruptive experiences of transgenders with their peer groups, schoolmates, teachers, and other people in the school. The term ‘transgender’ in the study refers to ‘hijra’ in Indian society. The present study is an empirical study in which family experiences of transgenders were extracted by using an interview schedule. Due to the COVID-19 pandemic, many transgender people have left the city and gone to some unknown place. Therefore, an accidental sample from the transgender people available with NGOs or otherwise was taken, comprising 80 respondents. The data collected were analysed by using the tabulation method. The findings revealed that transgender students are bullied and harassed at school because of their dressing sense and hairstyle. Many transgender students do not want to participate in any outdoor games because of the fear of harassment and shame associated with their gender identity, and the rest who want to participate are discouraged by school authorities. Classmates avoided seats near to them and passed transphobic comments. In the school, both teachers and students refer to transgender students using the wrong pronouns, and they are subjected to gender suggestive abuse. Transgender students have a lack of freedom to express their choice to make friends, and they have to face more difficulties when rumours are spread that coming in contact with transgender would make people sick. They are not able to dress according to their expressed gender. Rather they dress either to meet societal expectations or due to the fear of punishment. Transgender students have a right to access toilets that match their affirmed gender, but the study reveals that there are no separate toilet facilities for transgender students, and therefore they have to use male toilets where they are predisposed to sexual assault and harassment. The findings help to make fellow students, teachers, and other people in the school aware of transgender issues and provide better knowledge for framing norms to make schools inclusive for transgender students.

One truly said that you could tell the condition of a nation by looking at the status of its women. By this quote, one could easily accept the fact that women have come a long way for their rights and equality in India. Right from cruelty to sexual harassment at the workplace, every legal battle has its own story. One such legal battle fought by women in getting equal rights in their father’s property under Hindu Undivided Family, which are opposing to our customary law, which grants property rights to male descendants. But our judiciary system, on August 11, 2020, introduced the right of daughter over an ancestral property giving equal rights and status to daughter in the family and in the society and upholding the true meaning of article 14 of the Indian constitution. But what is the judgement? How it is historic in its verdict, and how it will change the status of daughters and Hindu undivided families (HUF) under Hindu law? The paper will highlight and analyse the judgement of the daughter’s rights on the property, what it lacks and how it will give a new dimension to the concept of the Right to Equality.

India being a developing country has travelled a way too far in its economic transformation from being an agro-based economy to an industrial-based economic country within which the chemical sector has a pivotal role. While giving due regards to the importance and contribution of the said chemical sector as being one of source and essential sector of economy of this country, but the adverse, harmful and serious danger posed by certain chemical substances and their hazardous wastes cannot be disregarded in any case. The research intends to lay down an overview of the chemical sector of India analysing its role as an economic contributor of India, the categorisation of the chemical manufacturing industries and their functioning, the framework for regulating these industries, their management and consumption, the handling, storing as well as the disposing of the chemical waste at all the stages. It will also highlight the challenges and issues which are faced in day-to-day activities while dealing with the storage, transportation and disposal of hazardous wastes within these industries.

Though this research article the author wants to highlight the applicability of the Environment Protection Act (hereinafter EPA) towards water and air pollution. While India’s international obligations has extended a far great deal towards the invocation of domestic environmental laws, yet the lacuna of its efficient applicability still remains. Through this short paper, the author would make an attempt the sail the reader through the basic objectives of the EPA, it’s applicability towards water and air pollution parallel to their own specific pollution laws (The Air Act and The Water Act) . further the author would take the liberty of briefly encapsulating the major elements under the EPA. This is followed by an analysis into the effectiveness of the EPA in contrast to the aim with which it was established. To conclude, the author would then draw a line between the incorporation of the act and its followed implementation. The author sincerely hopes that the reader finds it useful to understand the basic nuances of the interplay of various pieces of legislation with respect to the environmental law in India.

This research paper encloses and answers the questions raised by the crowd causing a socio-legal impact in the nation. The author attempts to acknowledge the same and research on the constitutionality of such delegation done by our authorities. To understand excessive delegated legislation, the factors which are required to be considered are The exposition of the law at hand; Grounds of application of the statute along with its Preamble; Scheme of the law; and The facts and circumstances serving as a background for the law to be enacted. These grounds were decided in the case of St. Johns Teachers Training Institute v. National Council for Teacher Education that helps to decide whether a particular legislation amounts to excessiveness or not. While the previous case laws and the facts clearly indicate that excessive delegation stands unconstitutional by nature itself, the fact that too much power on one hand invites danger cannot be ignored also. When a statute is under the challenge to prove the constitutionality of the same, it should not be arbitrary by nature and function and therefore should also not be violative with any provision of the constitution. The necessary requirement that needs to be abided by is the principle of reasonableness that is Article 14 and Article 19 of the Indian constitution. It is therefore settled that any rule- making function which acts as a prejudice for any person without the authority or rule of law is to be declared invalid by its nature itself. The Supreme Court of India with its decision in several cases have set out norms of jurisprudence which now acts as a guideline for any delegation to fall under the category of either being constitutional or unconstitutional by nature.

There are basically four parts of the system working as per the Constitution of India. Amongst them, first is the Legislative who makes the law for the benefit of the greater part of the society second is the executive, which makes sure that whatever law is passed by the Legislature in the Parliament is being executed third being the judiciary the most important where according to the law if a person’s rights have been infringed he or she knocks at the door of the judiciary for providing justice to the person’s in order for them to live their lives in peace. Judiciary in recent times, in contrast to the earlier times, have been infested with various attacks in the hands of the people. The most important part being is providing justice for the benefit of the people, which definitely hurts the sentiments of the other group in the eyes of whom the justice to them has not been given. Though in the past, there have been no such attacks in recent times, there has been an increase in attacks which leads us to think that the sanctity of the judgment is being questioned. On the occasion of Constitution Day, Chief Justice of India N V Ramana expressed concern over the “increasing” attacks “on the judiciary in the media, particularly social media”. He said these attacks appeared to be “sponsored, synchronised… motivated and targeted”, and central agencies should “effectively” deal with them. He also expressed that “An area of grave concern for the judiciary is the increasing attacks on judges. Physical attacks on judicial officers are on the rise. Then there are attacks on the judiciary in the media, particularly social media. These attacks appear to be sponsored and synchronised. The law enforcement agencies, particularly the central agencies, need to deal with such malicious attacks effectively.

A jail is a facility for detaining those who have violated the law. Prisons exist to reform and rehabilitate their inmates. Depravity and abuse are routinely hidden behind closed doors in jails, endangering the lives of those housed there. The problems associated with incarceration are magnified to a greater extent in the case of female prisoners. A male-dominated prison system leaves women more vulnerable, especially in ordinary jails where both men and women are housed. At the end of 2010, women accounted for 4.1% of those incarcerated, according to data from the National Crime Records Bureau. At the end of 2013, there were 18188 people incarcerated in Indian prisons, with 3396 of them being women, or 18.67 percent of the total. In addition, 34 female inmates died in 2010, five of them committing suicide, according to the research. In numerous jails across the country, sources say, torture and other cruel tactics are being used against both women and men. It’s also worth noting that statistics are available on cruelty to females in other state facilities, including prisons and hospitals. The golden triangle of our Constitution protects and safeguards the rights of prisoners in India. In this article, we will try to discuss the various safeguards that are available to prisoners, and simultaneously, we will find out the special safeguards that are made only for female prisoners. This article is going to be very helpful in understanding the various facets of the right to life with respect to prison rights that are guaranteed to a prisoner. I have divided the article into two parts. The first part would talk about the rights guaranteed to the prisoners under Article 21, and the second part would talk about the present condition of the women prisoners and some suggestions from my side that might help in improving their situation. There is no reported case law that specifically talks about the treatment meted out to female prisoners and about the rights available to them in jail. The article is also going to discuss a number of case laws that would help us gain an in-depth understanding of the concept of the right to life from the aspect of prison rights.

“Taste and Smell are often the beggars among the five senses – they leave no written language and therefore no standards other than wholly personal ones”. This quotation said by the famous American writer Frank Schoonmaker holds true even in the Trademark domain, especially in a developing country like India, where smell marks and taste marks have been completely neglected. In this paper, the position of unconventional marks namely smells marks and taste marks in India when compared to the developed countries, has been highlighted. In today’s times, businesses are using smell marks and taste marks as new methods of distinguishing their products and establishing a brand identity in the market. Even consumers have started associating smells and tastes to particular products and brands. Hence, it is of utmost importance to discuss this aspect and protect these unconventional marks. The paper begins with an introduction to the meaning and importance of smell marks and taste marks. After which, the topography of smell marks and taste marks in the developed nations, including but not limited to the United States of America, the European Union and Australia, has been discussed in detail with the help of case laws and statutory provisions. The paper then discusses the situation in India in the context of smell marks and taste marks. Further, suggestions have been listed down which could be used for the easy incorporation of smell marks and taste marks into the Indian trademark system.

In response to the corona virus pandemic, countries all around the world introduced temporary lockdown; India was not an exception. India introduced a temporary restriction on the exportation of medical goods, foodstuffs and some essential goods in order to mitigate the domestic shortage. India has been a member of the WTO agreement and GATT and is subject to certain rules and regulations. The Director-General of Foreign Trade (DGFT) on February 25, through notification, imposed a prohibition on the exportation of personal protective kit, every kind of clothing masks, N95 masks, other medical equipment, foodstuffs and hydroxychloroquine. Article XI (1) of the General Agreement of Trade and Tariff 1994(GATT) prohibits export bans and restrictions other than duties, taxes, or other charges. This short article examines and analyzes the trade restrictions which were introduced by India from in WTO perspective. Article XI (2) of GATT is the general exception of the general rule of XI (1); it allows member countries to impose trade restrictions to revive or relieve the critical shortage of essential staff at the domestic level, other than that Article XX (b) and XX (j) also allow member countries to take necessary steps to protect human life, animal life and take necessary steps to prevent the short supply of essential products in the local market. Article XX (I) also lays down provision in the relevance of trade restrictions, when short supply arise or when the price of the material is below the world price. This short article explains how India may justify its decision on the said ground with relevant case laws.

This Comment is an analysis of the usage of the Aarogya Sethu app and also checks that weather is there any privacy infringement in the usage of the Aarogrya Sethu app. The initial part of the Comment explains the concepts of the contact tracing application and the Aarogya Sethu app. The next part is about the Right to privacy and related case laws. The Comment also looks through the international application of such apps and the privacy laws related to the usage of such apps in foreign countries. The last part talks about the need for such an application in current situations, along with the discussion on the implementation of the application, which is followed by the conclusion part. The Comment in detail discusses all these above-mentioned topics and tries to find a conclusion on the topic of the Comment. The Comment after the discussion of the entire Concept has moved to a conclusion where it was understood that the idea of Contact Tracing application is an important part for the finding as well as controlling of the virus during the pandemic situation, but the thing that should be taken care is the usage of the privacy information that is collected during this period. The paper also offers some suggestions and measures that are followed by foreign countries and measures that are suggested by other international institutions. Thus this Comment helps to understand the topic in a brief sense and to provide an idea on the fundamental concept of privacy.

The act of another individual picking up human excreta with his or her hands is known as Manual Scavenging. It's used in the cleaning of dry latrines and septic tanks. Manual scavengers clean the excreta with hand apparatuses like pails, brushes, and digging tools, and they rarely wear personal protective equipment. Untouchability and manual scavenging go hand in hand and are the most distinct results of the caste system. The caste system's brutal cruelty means that everyone who comes close to an untouchable becomes an untouchable. Despite the fact that manual scavengers are members of the Dalit community, Dalit groups have never advocated for their liberation due to casteist beliefs and patriarchal views. The caste system encourages people to believe that all filthy work belongs to Dalits. As a result, not just the ruling feudal castes, but also those Dalit castes that do not scavenge, no longer consider manual scavengers to be humans. Nobody wanted to stare at the dreadful misery that surrounded them. Everyone wanted to close their eyes, put their handkerchiefs over their noses, and deny the existence of this unseen world of manual scavengers. In reality, they would rather be unnoticed. It is quite depressing to observe that such practises persist in India after 74 years of freedom. This paper seeks to understand the dehumanizing practice of manual scavenging in India. This paper will also propose corrective methods and constructive strategies for integrating the scavenging community into our country's mainstream and making a substantial contribution to its growth.

The right to freedom of speech and expression is considered to be indispensable for the preservation of a democratic society wherein the citizens are active participants in political affairs and form the foundation of such a society. But this freedom is not absolute because a complete absence of restraint would lead to disorder and anarchy. Reasonable restriction upon the right to freedom of speech and expression can be found under Article 19(2). Although sedition is not mentioned as a restriction under Article 19(2), there is the use of more general words which would encompass sedition and anything else that make sedition an offence. So it has been a debatable issue ever since the Constitution came into force whether the law of sedition as it stands is violative of the right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution or not.

In the field of agriculture, biotechnology has played a key role in increasing the crop productivity, reducing the cost of production and decreasing the adverse effect on the environment. Genetically modified crops are chosen for a number of reasons. The crops are altered to make them pest-resistant, thereby reducing the adverse effect on environment and human health. Further, it has reduced vulnerability of the crops to various environmental stresses; increased its nutritional quality, taste, texture and appearance; reduced the use of fertilizers, pesticides and other agrochemicals and increased resistance of crops to insects. However, there are several risks associated with the use of genetic engineering and the release of genetically modified plants in to the environment. It may have adverse effect on biodiversity as the nature of interaction with other organisms cannot be anticipated. It poses certain risks and apprehensions, both known and unknown. The introduction of genetically modified organisms in the ecosystem can impact the diversity of species. It may pose a risk to human health. Potential negative effects of genetically modified organisms on the ecosystem are contested but cause considerable concern. They have the ability to reproduce, transfer its characteristics, mutate in response to environmental influences, contaminate the biodiversity, alter the composition of species and even threaten the extinction of various species. There is a need for judicious harnessing of genetic modification technologies. Its impact on the environment is inadequately understood. In the absence of effective legislation and enforcement of biosafety regulations, the release of genetically modified crops is a poorly defined risk, and this is likely to continue. The paper therefore aims to provide a brief overview of the existing regulatory framework in India pertaining to genetically modified food and to critically analyse the same with a view to identify the lacunae under it.

Arbitral proceedings scholars and practitioners agree that there are two types of dispute resolution: ad hoc and institutional . This long-standing schism has infrequently been thrown into question, and it has largely served its purpose in arbitration panel practice. The current participation delves deeper into the redirect among both ad hoc and institutional arbitration by examining "borderline offensive incidents," or configurations that could quite effortlessly be assigned to one of these two major categories. There are four types of borderline examples cited are UNCITRAL arbitrations , particularly those prescribed by arbitral institutions, incidents in which the stakeholders have selected integrity of the system but not the granting institution (and vice versa), the stakeholders' transformation of statutory provisions, and the recognition of a feasible "legally required" cornerstone of legal principles, and "chop and change" (or "combination") legitimate way integrating the guidelines of one arbitration tribunal with the administering of the specific instance by a separate arbitral institution. The paper seeks to obtain a glimpse into the primary features influencing each arbitral proceedings section by analyzing the issues that were resolute in these borderline contexts being classified as institutional or ad hoc. It creates and discusses a unique interpretation of "institutional arbitration" based on all of these observations.

The question of enforceability of the provisions of a shareholder agreement (“SHA”) vis-à-vis the Articles of Association (“AoA”) is a perplexing one. The Companies Act, 2013 (“the Act”) provides that an AoA of a company, containing the guidelines of the internal regulations of the company, governs and binds all members of that company, including the directors and the shareholders. On the other hand, an SHA is an agreement entered into by the shareholders of a company in accordance with the Indian Contract Act, 1872, which levies additional rights and obligations (apart from those prescribed in the Act) upon the shareholders that are party to the said agreement. The company itself can be a party to this agreement. Since these agreements have acquired popularity only over the last two decades, the Indian judiciary has not got many opportunities to decide upon the enforceability of the provisions of such agreements if such provisions lie in conflict with the provisions of the AoA. Further, it is an arduous task to draw common strands in the ratios of the few cases that have dealt with this matter to present clarity for parties that enter into such agreements. However, the case of V.B. Rangaraj v. V.B. Gopalakrishnan is a landmark judgement, considered to be the guiding light in the context of this matter. In this paper, the author will explore the developments in jurisprudence pertaining to this matter and elucidate certain extant conundrums in law.

The law plays a crucial role in regulating, maintaining, and transforming society to achieve greater attainment. Lawyers, jurists, and legal experts are the social engineers for social design. They must be taught law in an effective and efficient way. The effectiveness of law teaching produces efficient experts in law and other fields too. One of the significant tools of new economic policy is liberalisation which led the path to create several new opportunities for law graduates and managers, executive officers, etc., in various disciplines. With the effect of liberalisation, there is the boom in corporate practice with hefty pay packages, and the emergence of new areas of the law saw several bright individuals study law, and also identified there is the need for law knowledge in other streams like engineering, medicine, and commerce. Therefore the law is the subject not only learned by the law students but also learned and analysed by other disciplinary students such as management, engineering, and science, even medicine and humanities students. Innovative Pedagogy, in the modern era, is inevitable, one that is the heart and soul of teaching and learning. The traditional way of teaching is outdated; the learners have several choices to learn the concepts effectively. Understanding the law is the significant one that is not only expedient for lawyers but for every citizen of the people. The rule of law teaches the students an outline for how to act and operate, and it holds them, their businesses, and the government responsible for their actions. Without predictable rules and patterns to follow, doing business would be chaotic. This study mainly focuses on what is the need for innovative pedagogy of law teaching and learning practices nowadays and how the law subject impart to the students innovatively by teaching from eminent professors, learning from various innovative pedagogy with the help of advanced technologies.

From ancient times, India has been a male-dominated country, and it is difficult to imagine a situation of a guy becoming a victim and a female the perpetrator. Domestic abuse is rarely discussed in society from the perspective of a male victim since information is scarce and incidences are frequently unreported. Spousal abuse is a severe issue that affects both men and women. While dowry-related harassment and crimes against women are widely highlighted in the media, an increasing number of males are being harassed and subjected to physical and psychological abuse at the hands of their spouses. The law in India does not recognize domestic violence against males. Men, it is often assumed, cannot be victims of violence. This allows women to get away with it. Domestic violence against women receives a lot of attention, while domestic violence against males by women is mostly ignored. Domestic abuse affects women exclusively in India, according to feminists and the government. However, a rising proportion of males are reporting that they are victims of domestic abuse as well. The prevalence of domestic violence against males is substantial, despite the fact that it goes undetected. Intimate partner violence is a serious issue that affects people all over the world. Men are more often than not the offenders of this form of violence, but they can also be the victims. This study provides an insight on how men can be affected by domestic violence and why the law is silent with provisions and also identifies and explore the issues which are, or maybe, relevant to understanding the position of men in India who experience domestic abuse and also focuses on making improvements to the current system while adhering to the principles of equality.

K. R. Meera, known for phenomenal creations of beautifully bold women in her novels, has always been vociferous on equality and freedom for her female characters. Very strangely, like a hangwoman, she keeps her readers tied to a noose of reason and justice. Often, we are made to ask ourselves questions on our social responsiveness, the moral responsibility of dutiful citizens and how to break the chain of imbalance in the society. Aarachar tightens the noose around the neck of many men, still strongly footed in the outdated patriarchal society. Many Sanjeev Kumar Mitras are hung publicly. Texts like Hangwoman, Khabar, Khathakan, Meerayude Novellakal, explore characters like Chetna, Satyapriya, Bhavana and the like who try to establish themselves as equals of their male counterparts. Their struggle to emerge successful depicts the everyday struggle of many ordinary women around us. Co-existence is nature’s impulse, emotional acceptance becomes the moral obligation of a sophisticated society. The purpose of this paper is to highlight how K. R. Meera, through the characterization of her signature women, show their struggle to gain social and economic space in a contemporary male-dominated society. Her commendable, outright writing to depict the identity of women is worth to be repeated as no male writers have ever taken the initiative to review a political, social incident and then speak for justice, write for the oppressed minority. Right to react is often questioned, as a minority, women need to react and respond intelligently. It’s also interesting to notice the writer’s new take on the concept of love. The age-old notions of pure love are let off to the air by the writer to showcase the righteousness of the decisions of her women. The paper also aims to discuss the redefinition of love the writer exhibits through a number of novels.

India is a country that cherishes its rich culture in all of its dimensions. Marriage is an important component that demonstrates how our civilisation is organised. Marriage is a legal obligation between two opposite genders people that gives them the legal right to engage in sexual activity with each other. When it comes to women, the question is whether the implicit acceptance granted at the time of appealing into that “contractual binding relationship” entails permission for everything that extends till the end of life or has any limits. To address this, the paper looks at how married women are used without their consent. The study also discusses Section 375 of the IPC and its fundamental and constitutional legitimacy. India is one of those countries that constantly amend its laws in order to upgrade the country’s progress. To upgrade, we must inspect what we are doing and what should be done. The author has provided a different examination of the legislation of different countries with our own country. The Law Commission, Health and family survey Report and the reasons in favour of Marital Rape reinforce the necessity for something about which we are quiet. Thus, matrimony is a bind between couples in which both have their own space and where love rather than compulsion or forcefulness makes marriage extremely lovely. The main focus of this paper is to examine the social & legal elements of marital rape, as well as to show the current situation of marital rape in India and the rest of the world.

Regulating sporting authorities presents a difficult conundrum from a Competition law standpoint. The absolute power of these authorities and handling anti-trust matters creates a disparity in its jurisdiction point of view. Sports has been competitive traditionally, but a growing economy and two-faced force, namely globalisation and industrialisation, has turned sports into a global business . Organising sports nowadays have had a unique evolution, where the sporting authorities expense millions of cash to organise the same. The advertisement sponsorship, Ott rights, and many other sponsorships provide an unimaginable digit profit to the authorities; there, anti-trust’s question comes in; it is said that in the last IPL (2020) board (BCCI) almost have had 220-million-dollar sourcing . Tiger woods, an internationally renowned golf player, made 2.07$ million by winning the 2019 title. In India, the competition commission scrutinised BCCI and All India Chess Federation for their anti-competitive behaviour, especially their abuse of dominant position. Sports governance is still new age to the Indian Governance model. Competition Law in the EU governed the sporting authorities for decades in India; it is still evolving. The monopolistic nature of sporting authorities has resulted in many economic problems as revenue sharing, non-clause profit and credits. These problems inevitably attracted the attention of the competition commission, which aims to secure the market by assuring fair play. This paper will discuss sports governance and competition law and cases in India.

Legislation that is aimed at tackling a global pandemic such as Covid-19 should be equipped with a proper legal framework that empowers a government to take swift action in the name of the most cardinal function of all, protecting human life. However, this can be a tricky tool to devise. The empowering of the State to manage and control dire circumstances such as a raging pandemic would, in all likelihood, require superseding or suspending some of the basic rights of individuals in a society. Despite this, such laws are necessary for saving mankind in chaotic situations and are in the greater interest of society. India was not in the least prepared for a catastrophic event like COVID-19. The fact that the best recourse that we had to such a calamitous epidemic was a 123-year-old archaic law is frightening and indicative of the reasons the pandemic has wreaked such havoc in our country. The focus of this paper is to analyze the existing legal framework in India for dealing with a health care emergency like Covid-19 to identify the shortfalls therein. The research paper will also strive to provide recommendations on various provisions that an ideal law dealing with pandemics should provide for.

The human race is on the brink of a revolution. The advent of technology and various advancements in the field of business has motivated aspiring business enthusiasts and entrepreneurs to put their ideas on paper in the corporate sector. The Companies Act, 2013 had several amendments in order to keep up to date with modern advancements. However, one pivotal addition was the concept of the One Person Company. The authors in the present article have given a brief introduction to the understanding of this crucial concept in relevance with the Companies Act, 2013. Furthermore, an in-depth analysis of One Person Company has been explained in detail, mentioning its essential concepts. The seed of One Person Company was sown in Britain in the landmark Company law case of Salomon v. Salomon & Co Ltd. The Authors in the present paper have discussed the landmark case in brief along with the emergence of One Person Company in India via Dr. JJ Irani led Commission. The recommendations of the Commission were pivotal in the introduction of the concept of One Person Company in the Companies Act, 2013 amendment. Concluding the present research paper, the authors have described its advantages and disadvantages alongside a brief comparison with sole proprietorship and the advantage a One Person Company holds.

International arbitration has risen in popularity over the last 50 years, yet many people still fail to recognize its significance as the principal way of settling complicated, multinational conflicts (as well as the economic benefits accruing to a country perceived as “arbitration friendly”). The authors, with the help of this article, want to showcase the international initiatives taken globally for the recognition of INTERNATIONAL INITIATIVES TOWARDS THE DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION (ARBITRATION), which help to resolve conflicts and sustain relationships among people. Increasing numbers and a greater degree of complexity have emerged from the growth and globalization of cross-border investment and commerce. After a relationship comes to an end (which is inevitable), it’s important for the parties involved to figure out what their best options are for resolving the disagreements that may arise. In the vast majority of cases, parties will settle their differences via arbitration.

In March 2020, when the accused were executed, it was hailed that justice was done to Nirbhaya. However, the point is whether the justice was actually done in its true sense? The post-Nirbhaya period observed huge amendments in rape laws and more judicial sensitivity to address the issue. With this, a parallel rise in the number of cases could also be seen. Therefore, it is important to analyse the Nirbhaya verdict and the legal modifications. It is also important to see why despite such development, the issue of rape has worsened since 2012. From this, only better solutions can be provided. This work is analyses the death penalty in Nirbhaya Rape Case. In this, it covers how the sentence was imposed what post-sentence procedures were adopted before they were finally executed. The death sentence of four convicts is hailed as justice to Nirbhaya. This work analyses whether a public celebrated death sentence is a solution to the problem of rape.

In today’s digital age, it’s common to practise engaging in online piracy. The black market sale of a copyrighted work, in whole or in part, for a significantly reduced price is what is meant by the term “piracy.” As a result, the global film business has suffered enormous losses. Copyright Act, 1957 and IT Act, 2000 are only two of the numerous regulations in India that prohibit this type of criminal behaviour. This, obviously, is not good. OTT firms put in a lot of effort and money to create and distribute their content. All of these efforts, however, are being rendered useless by the rising tide of video piracy, raising questions about the long-term sustainability of the OTT industry as a whole. This paper analyses the existing laws which deal with illegal streaming with a comparative analysis with US, UK & India. Films that have been filmed and posted online can alter the nature of the criminal activity and the legal repercussions of such crimes. Finally, jurisdictional difficulties will be addressed when the film’s upload and download originate in separate countries, followed by viable solutions and working models to cope with this menace.

Parallel proceedings in investor-state Arbitration is an issue that is emerging at large and creating hindrance in the dispute resolution process. Parallel proceedings in the international regime are possible because the international laws do not provide for the applications of the principles of Res Judicata and Lis pendens as compared to domestic laws. Most countries are able to deal with the problem of parallel proceedings by restricting the parties to bring the same case in two different forums by applying the principles of Res Judicata and Lis pendens. The emerging cases dealing with parallel proceedings has now necessitated an urgent need to embody these principles in the international investment era as well. Apart from the principles, consolidation of the two simultaneous arbitration proceedings is also a convincing solution to prevent multiple proceedings on the same subject matter. In this paper, I have dealt with the causes and problems of parallel proceedings. The preventive and procedural measures to be taken to avoid parallel proceedings are suggested in this paper.

Protection of Traditional Knowledge (TK) is important to the one who owns them as it is created and brings economic stability to the one who owns them, which to create a sphere that such kind of knowledge should not be destroyed or eroded. But the reason behind the bestowed that TK is being misused is because there is a lack of identification and documentation as a mechanism that is designed to be protective of the TK. The reason for not having a proper mechanism that gives multinational companies to use and exploit such kind of knowledge for the purposed of their commercial benefits by obtaining them for patenting System. The absence of the proper data-based has been the major issue for the protection of TK, especially in today’s world, and one of the major issues is that of Bio-Piracy. It is important to highlight the compulsions traditional societies face to safeguard their knowledge based on unauthorised exploitation by third parties. In this paper, an attempt has been made to understand how the Bio-Piracy is affecting the Traditional Knowledge bearers of India, further what steps have been taken by the authorities to address the issue and how far they have been successful in the same. Lastly, in this paper, recommendations and suggestions towards the prevention of Bio-Piracy and protection of traditional knowledge have been made.

The healthcare system is a collection of people, institutions, and resources that provide healthcare services to fulfil the requirements of certain populations. Country spaces of emerging nations present specific difficulties for creating and carrying out successful reactions inferable from immature well-being framework, lopsided state limit with respect to disease control, and endemic neediness. In India, health is a state responsibility, and states use a three-tier system to divide their policies between rural and urban areas. The role of the Local Government in policymaking and strengthening the public health system is crucial. Local governments collect data and provide it to state agencies in order to develop policies to combat the spread of the coronavirus in provincial areas of their districts during the Covid 19 pandemic. The role of local self-government in affecting the outcomes of healthcare reform in rural India is examined in this research. This article will spotlight how local governments can prevent the virus from spreading into communities in the first and second waves of covid 19 on a broad scale. Secondary research is used in this paper’s discussion in the form of academic research papers, reports from international or national organisations, journals, newspaper articles, and interactions with officials. It looks at how local governments can help strengthen the public health system. Finally, we will offer some recommendations and causes for the deaths of a huge number of individuals in India during Covid-19, the second wave, as well as some safeguards that we should take before the third wave arrives.

In Indian society, the Caste System has considered a closed system of stratification and the primary characteristic of it is the endogamous nature that contributes to a socio-economic class structure in which individuals are divided on the basis of attributes that are external to them. The endogamous nature of the caste system, with some exceptions of exogamous marriages specifically in the Indian culture, impacted the lives of Indian people ranging from a variety of classes, regions and religions on a massive scale. The systemic issues dating back in history with respect to Caste and caste endogamy has thus led to significant societal consequences and repercussions. This basic framework defined the relationship between Caste, class and marriage in the form of an institution. This paper seeks to examine the endogamous nature of the Indian Caste System as an institution that is external to these individuals. It also includes the concept of social stratification institutionalisation and goes on to the social mobility of the Indian Caste System. The concepts of ‘caste origin’ and ‘caste destination’ are also highlighted in this paper.

Sustainable development has evolved as a significant element of modern state where the states accept and aim to implement the sustainable development goals but in the process of securing better future, very often, the present scenario demanding more effort, is either overlooked or compromised. Similarly the location of justice faces a tough challenge while dealing with sustainable development and climate change issues. This article analyses the conflict faced by justice in making a choice while dealing with sustainability issues thereby taking into account where and how it has to be applied in order to reduce the scope of favouring any bloc or regime.

Sustainable development has evolved as a significant element of modern state where the states accept and aim to implement the sustainable development goals but in the process of securing better future, very often, the present scenario demanding more effort, is either overlooked or compromised. Similarly the location of justice faces a tough challenge while dealing with sustainable development and climate change issues. This article analyses the conflict faced by justice in making a choice while dealing with sustainability issues thereby taking into account where and how it has to be applied in order to reduce the scope of favouring any bloc or regime.

Marketing of a process is complemented by the promotion of products or services in buying or selling of them. Marketing and customer relationship will go hand in hand. Marketing Departments should reach customer, prospects, community and also investors. Marketing team should create things which will promote our company’s product and services. Marketing team should keep their company’s website up-to-date. Customer could approach a company’s business through media pages. Social Media Marketing includes publishing text, images and videos. Product, Price, Place and Promotions contribute a lot for marketing, selling, advertising and public relations. Marketing and Economics are interlinked. It is a mixture of Psychology and Sociology Rules and Regulations of industry, advancements in technology, customer’s idea impedes with marketing environment. Internal Marketing Environment reveal a Company uniqueness, Strength etc., External Marketing come under advancement of technologies last but not least. Marketing serves as a bridge between company’s planning for marketing and growth of products.

Brownmiller (1975) opines that only men can coerce women into having sex. Sreekumar (1992), in his research paper highlighting the issues of under-trial prisoners in India, points out that homosexual gang rape was common in Indian prisons. Agens (2002), in her article within the Seattle Journal of Social Justice, expresses concern that gender-neutral rape law would open up avenues for inflicting even greater trauma and humiliation to an already marginalized section of women and hence defeat the very purpose of reform. Novotny (2003), in her article within the Seattle Journal of Social Justice, Expresses concern that gender-neutral rape laws would cause negative consequences for female victims of rape and calls it a backlash against feminism. People Union for Civil Liberties (2003), in its study of Kothi and hijra sex workers in Bangalore, has concluded that human rights violations against the transgender community are widespread, and laws protecting them are urgently required. Assuming that only women and no other identities are often dominated by persons in powerful positions is incorrect. We all know that coercive sexual activity with men by men is roofed under Section 377 of the IPC, as carnal intercourse goes against the order of nature. one among the questions I seek to deal with during this paper is- why coercive men on men intercourse can’t be covered by the rape law? There must be a distinction between coercive and consensual homosexual sexual activity. The Law Commission of India, in its 172nd report, has recommended that the rape law must be gender-neutral. It’s argued that the principles of equality before the law and equal protection of rights enshrined as fundamental rights in our Constitution must be applied to the present situation also. Clear, it is often said that only a gender-neutral rape law would end in equal protection of all identities. However, we must not forget the realities of the society we sleep in. It can’t be denied that the foremost vulnerable section of the population is women. There have been concerns that a gender-neutral rape law, both for the perpetrator and therefore the victim, may open up avenues for inflicting greater trauma and humiliation on women already marginalized and thereby would defeat the very purpose of the law.

This paper examines the applicability and relevance of the status of women’s human rights and their right to development, calling for treatment of women’s issues by improving their status and assisting in their total development. Women’s empowerment is essential for sustainable development, growth and the accomplishment of all the millennium development goals. Women often face discrimination and gender inequalities because of factors such as ethnicity or caste. Women’s economic participation and empowerment are fundamental to strengthening their rights and allowing them to have control over their lives and exert influence in society generating just and equitable societies. The researcher concluded that unless women are empowered, and gender equality is achieved, the nation will not achieve sustainable development with the recognition of only men’s participation in economic, social, political, and environmental areas. Hence, this paper calls for the strong obligation of the government to empower women and utilise all the potentials of the country to attain secure and sustainable livelihoods. After all, in simple terms, human rights are about ensuring dignity, equality, and security for all human beings.

Corporate Social Responsibility is now widely recognised as a strategy for ensuring an organisation’s long-term success. As a result, it must be acknowledged as an organisational goal. Corporates must donate 2% of their net earnings to CSR under the New Company Law of 2013, which forced Indian corporations to intentionally work towards CSR by requiring a designated class of enterprises to spend a part of their income on CSR operations. Any contribution to the betterment of society is referred to as. Companies can no longer limit how they use society’s resources; they must be socially accountable citizens who contribute to the greater good. This research scrutinises whether today’s Indian corporations have moved beyond the concept of philanthropy (charity) to a focus on all stakeholders. The paper focuses on numerous features of the new CSR law in the framework of modern corporate philosophy and attract government officials’ attention to practical challenges in implementing the new rules.

In demand to avoid the condemnation, there has been an interchange to use relatively more impartial expressions such as ‘plea discussions’, ‘plea negotiation’, ‘plea agreements’ and ‘mutually satisfactory disposition’, a term used in Chapter XXI-A of the Code. To call it by whatsoever name, it cannot be deprived of that the scheme encompasses a process whereby prosecution, victim and an informed accused amenably deliberate a criminal case of its mutually agreeable disposition, which may result in reasonable advancement of the administration of justice. There is a need for encouragement in the concept of plea bargaining that the accused should be aware of the remedy of plea bargaining for settlement of plea bargaining. The contribution of the judiciary and the bar is very important to achieve the goal of plea bargaining. The member of the bar should encourage the accused in a positive manner that they can use this concept in the right way. Day by day, all the countries find some alternative dispute resolution that results in a complex and lengthy process, but plea bargaining is the best alternative for the speedy trial and speedy disposal of cases. This concept gives the accused to plead guilty, and the guilty plea of the accused represent that the state will not go against him that will destroy his many constitutional rights. Before a long time ago, the idea of plea bargaining was introduced in India, but people were not so aware of this after the settlement of system awareness came into existence. The Indian criminal justice aims to provide security to the citizen on a large scale. And carry out with crime and criminals in a very less time because civilised society expects speedy trial Indian judiciary is failed to give speedy justice as day by day there in incensement in-laws and the court was full of the burden from different corner hence it resulted in delayed justice so much period taken by the trial court to provide justice. The fact was cases is getting disoriented due to delayed justice. In so many cases accused spend so many periods in jail before the announcement of trial even they are not found guilty of any offences.

This paper aims to observe and analyze the attitudes of various Nepalese stakeholders with the streamlined research questions to deeply dig out long standing development dilemmas in social, economic and environmental sectors, which have been reeling from government instability, unemployment, import dependency, and deforestation. This comes in spite of Nepal having abundant natural resources and natural wonder like Mt. Everest, the birthplace of Gautam Buddha, UNESCO heritage sites, and in spite of Nepal adopting the policies of liberalization, privatization and globalization, which were purported to develop the nation. Nepal has been struggling with chronic development barriers that have been traced out as remedial themes through Thematic Analysis (TA) for assisting policy makers for sound policy framing and result-oriented implementation. A thorough study reveals that the deep development aspirations of Nepalese people are hindering by the vested interests of its few stakeholders, political instability, poor governance, rampant corruption, ineffective service delivery mechanisms, socio-cultural orthodox practices, untapped and trapped economic opportunities, and environmental problems. The reasons behind the inability to meet contemporary sustainable development (SD) needs even in a country with strong historical foundations and growth oriented neighbor countries have to be contemplated to pave the way for progress and prosperity in Nepal.

Through this article, the author purports to draw a detailed comparison of European and American revolution, along with India's position in the conflict of laws. The Indian Private International law has been long viewed as a model strongly influenced by the English system of Conflict of Laws, which the author of this paper believes should undergo a revolution of its own in order to suit the quasi-federal system of this nation. The past few years have observed a drift from the English Private International law, such as the evolution of the choice of jurisdiction of courts vested in the hands of the parties to disputes. While the private international law in the Western Nations deal more with the conflicts between the territorial laws, the conflicts in India are mainly based on personal laws. This paper purports to establish the revolutionary changes that were brought about by the US and the European in their own ways to the Conflicts law regime. Secondly, it draws a difference between the two conflicts revolution and how they respectively impacted the Conflict regime. Thirdly, through the two revolutions, this paper shall aim to establish whether Indian revolution should rely on one of the two methods of revolution as adopted by US or Europe, or whether India should fall back on a third method of revolution.

With the growing time and numerous factors moving in an economy, the usually synchronised term with banking “adjudication” is the method of delivering or pronouncing judgment or decree in an exceeding course. The statement and object of the much-awaited statute to securitise, regulate and reconstruct the financial assets was brought as a masterpiece by the bicameral Indian legislature to facilitate the adjudication process in a comprehensive and effective manner of the matters covered within its ambit. The act permits the originators to enforce their security interests expeditiously without being required to move court or tribunal, which is consistent with the object of parliament to facilitate the enforcement of security interests by a non-adjudicatory process. It has the remedy to forfeit the residential and business properties to recover loans once the recipient fails to repay their loans. It permits banks to cut back their non-performing assets (hereinafter referred to as ‘NPA’). Upon loan defaults, banks will seize the securities like land (except agricultural land) without the intervention of the courts. However, the intervention is critical once the security is invalid or dishonourable. The act comes into the picture for the secured loans, and just in case the assets in question are the unsecured assets, then he would have the choice to manoeuvre court for the civil suit as recourse accessible. Thus, as Economy is the Art of making the most of life. “Finance is not just about lending, it is about recovering loans also.” and while one fails to do that, there has to be recourse in order to maintain a healthy order in the economic development.

India, with the second-largest population in the world, has adopted the federal form of Government, and powers are divided between centre and state. But we can see a large divide in the society, around 70 percent of the wealth is still held by one percent rich people same is the case with the government schemes, their benefits and their success as the majority of the benefits goes to high-class society, and poor people are left behind. In this era of digitalization, this digital divide is still seen to a large extent which further hinders the growth of the backward regions of society; the major hindrance in the digital divide is due to digital literacy, which furthers comes due to general low level of literacy, lack of Infrastructure, required skill, brain drain, I.T infrastructure, Cyber-security, slow Grievance, and redressed system in the governance, conservative thinking, etc. With the strike of Covid-19, the dependency on digital platforms has become more robust. The Government has introduced many schemes for digitalizing the system and relentlessly making efforts to bridge this digital gap. Schemes like Digital India (2015), JEM trinity, e-Governance, Skill Development schemes, Bharat Net, launching various Applications, Atmanirbhar Bharat package, etc. though these initiatives have played a crucial role in bridging this digital divide gap, there are some challenges associated with it such as cyber threat, fear of loss of data, hacking, etc. in this era of digital world where artificial intelligence and robotics are taking the place of humans, India which is called the demographic dividend has a great opportunity to take India to the next level of development, but it can only be possible if the youth are skilled and government schemes reach to every corner of the society. Therefore, it is pivotal for India to bridge this gap so that every talent of this youth can be utilized. There is required a digital revolution to rationalize governance so that social, financial and political inclusion can take place. Then only the last man standing will be included in the mainstream development.

Environmental issues, and the solutions to them, are a growing source of worry in our culture. Environmental law and policy do not exist in isolation; instead, they are inextricably linked to consumer protection in response to those who believe they are inextricably linked. Global climate change and environmental challenges have captured the attention of numerous parties in recent years. Climate demonstrations are taking place worldwide, in the middle of arguably the most important call to attention that humanity has ever faced. This is because customers, governments, and communities are becoming more conscious of their natural resource deterioration and environmental damage responsibilities. Firms face various external constraints, including consumer demand and environmental legislation. As a result, businesses must adopt environmentally friendly practices, such as green innovation, to achieve sustainable development. Various consumer law provisions can increase consumer knowledge of environmental concerns to aid this evolution. This study aims to evaluate consumer responsibility for climate change and the function of ecological legislation in mitigating this relationship. This research paper aims to examine three significant facets of environmental and consumer engagement: first, the relationship between the consumer and the environment; second, the consumer’s responsibility to protect the environment; and third, environmental and consumer laws and judicial responses.

The omnipresence of negotiations is, without a doubt, ubiquitous. From daily life transactions with auto-rickshaw drivers or grocers to international trades and wars, every individual engages with negotiations. Negotiations are interactions between different parties holding diametrically opposing stands along with certain intersecting interests, wherein they attempt to reconcile their conflicts and procure a feasible settlement. All negotiations are essential ‘games’ in as much, all parties or ‘players’ must make choices or ‘strategies’ to reach a desirable agreement or ‘outcome’. Since all negotiations can be simplified into game models- they can be dismantled and regulated by the ‘game theory’. In this article, the author attempts to explore how principles of game theory may be applied in negotiations and the advantages of such application. Specifically, the author tries to illuminate how parties may use game theory to anticipate the other party’s possible strategies and possible outcomes of negotiation and, in turn, enter the negotiation with strategical advantages.

Victimization leaves Grave impacts on the Victim’s Physical health, Mental health as well as financial state. It leaves an impact on an individual’s ability to perform across a variety of roles, including those related to parenting, intimate relationships, and occupational and social functioning. It causes disruptions in social activities and impaired functioning in social relationships. This paper attempts to explain the Impacts that Victimization leaves on a person. Firstly, it explains what Victimization is; it Classifies Victimization, then it goes on to explain the Impacts of Victimization on a person’s physical health, Financial state, Psychology and Social Functioning, with special emphasis being on the Victim’s Psychology.

The Indian Legal System is one of the oldest legal systems in the entire history of the world. It has amended as well as developed over the past few centuries to absorb required changes from the legal systems across the world. The Constitution of India is the fountainhead of the Indian Legal System. It demonstrates the Anglo-Saxon character of the judiciary, which is basically drawn from the British Legal System. India is a land of diversified culture, local customs and various conventions where every citizen have their own right, and others have the duty to respect others right. People of different religions, as well as traditions, are regulated by all the different sets of personal laws in order to relate to family affairs and to maintain peace within each other the legal system plays a very important role our legal system has a clear concept to settle or make such laws in which every citizen is comfortable, so this can never be an issue in India to take advice within or outside the country to make such laws. As our Constitution also derived from the different constitutions of the world, which makes it clear that taking advice and working together is the basis and also our 3 important wings that is Executive, Legislation and Judiciary are working together at the same time they do not interfere in each other’s sphere, but they are free to take advice whenever needed. The system of taking advice can be a choice but can also be the duty that gives the concept of “Advisory Jurisdiction”. Basically, India consists of 3 kinds of jurisdiction i.e., Appellate Jurisdiction, Original Jurisdiction and Advisory Jurisdiction. In this paper, the Advisory Jurisdiction of Supreme Court is widely discussed. The Supreme Court has special Advisory Jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. In our Indian Constitution, Article 143 talks exclusively about Advisory jurisdiction The judicial system is a unique feature of the Indian Constitution. It is an integrated system of courts that administer both state and union laws. The Supreme Court of India is the uppermost part of the Indian legal system. Under this, each state or a group of states consist of High Courts. There are several subordinate courts under these High Courts. Through judicial pronouncements and legislative action, laws are formulated in an appropriate manner.

With the passage of the current Patents Act, inventors were given an exclusive right to their inventions if they fit certain criteria, such as being innovative, beneficial in industry, and not obvious to others. The monopoly granted by the government is only valid for a maximum of 20 years. During this moment, innovative thinkers have a window of opportunity to profit from their creations. For those who can afford it, a patented drug that has been introduced to the market by the creator or patentee is a superior option. The price of these patented drugs rises as a result of the patentee’s strict monopolistic policy or control. As a result, those in need must choose between purchasing lower-cost drugs, generics, or none at all. Because they couldn’t afford more expensive meds, they had no choice but to accept low-quality health care. Because they couldn’t afford more expensive medicines, they had no choice but to accept low-quality health care. From the standpoint of society and morals, such a result is neither acceptable nor ideal. It would be better for the patentee if a special relief plan was established that allowed patented pharmaceuticals to be supplied at a low price in emergency situations for the sake of society as a whole.

Sexual offences against women have increased at a rapid rate in recent years. One such offence against women that has caused immense trauma and distress is the offence of Outraging the Modesty of a woman. This offence has been defined under Section 354 of the Indian Penal Code, 1960. In this article, the author has discussed the essential ingredients of this crime and also the legal provisions present in our justice system concerning this crime. Recent scenario regarding this crime has also been mentioned. The author has also sought to clarify the very thin distinction between the offence of outraging the modesty of a woman and the attempt to rape.

With the change of societal structure, a new concept has emerged that can be called a -relationship. However, this concept is prevalent in western countries. But in regard to India, it has emerged so my article is related to maintenance in criminal law with special women who live-in-relationships. Firstly, I have discussed some historical aspects of women and then the general meaning of the term maintenance. Later on, provide a certain brief of the criminal code and grounds for refusal to grant maintenance. In criminal law, the term married is used so my article is focused on the position of women in live-in-relationship. And further discussed whether the provision of maintenance in regard to live-in-relationships and judicial interpretation in determining the position of women in live-in-relationships further discussed some landmark cases which provide the scope to live-in -relationships in India. and lastly discussed the overview position of women in regard to maintenance in India

CSR has developed through different phases globally, and it has been associated with multiple terminologies such as "corporate philanthropy," "corporate ethics," "corporate social performance," "corporate accountability and sustainability," "triple bottom line," and various others, but CSR has always been at the center of all of these approaches. The Ministry of Corporate Affairs enacted the Firms Act, which mandated CSR and made it mandatory for companies to conduct programmes that aided social and environmental welfare activities. This was the largest experiment in the history of CSR. This paper Juxtaposes the evolution of CSR from voluntary to compulsory subject, as well as its provisions related to the Companies Act and the impact on initiatives undertaken. Regarding the current COVID-19 pandemic, certain relaxations and other amendments were made through the CSR Amendment Rules, 2021 to encourage corporations to fulfil their CSR activities. Simultaneously, we will examine the future dimensions of this concept, as well as the growing government intervention in motivating and promoting companies to do so, as well as the new amendment's challenges and hurdles.

Pranks are tricks pulled on someone to make fun of them in a friendly manner. They can be funny, but circumstances may occur that turn this intended mischief into something that is very harmful and destructive. Prank shows have played a significant role in entertaining the people, but the complexity it causes is never spoken of. These activities are admissible when done to known persons, as their reactions are anticipated but it may lead to serious ramifications when the reactor and their counteractions are abrupt. In recent times, pranks have become very common as Youtubers turn to perform pranks in public spaces such as parks, theatres etc. The predicament with the approach of pranks is that it has no definite perimeter, as there is no specific laws to govern them. Hence, pranksters are at liberty to perform any acts in the name of prank whereby, humiliating the reactor in public directly or by posting their reactions online. This article focuses on the history and evolution of pranks, depicting its darkest side. Prank shows have lead to incredulity in the principle of humanity, as people fear they might be on camera or are live-telecasted as a subject of uproariousness. However, not all pranks are bad, some are even illuminating and factual. The paper also discusses on the criminal and civil liability that arises from the consequences of a prank. Many victims to pranks are unaware that pranksters who perform acts that are discomfiting and abashing are criminally responsible for offences like assault, stalking, harassment and even emotional injuries. This paper enlightens its readers with the legal remedies available to prank victims. The paper also emphasizes the need for direct laws to regulate the acts of pranks. This paper concludes with the author’s critic pertaining to this topic.

In this paper, we examine two global problems - the covid 19 pandemic and climate change. The study intends to explore the relationship between the two by analyzing a correlation in two ways. Further, the paper delves into the cost associated with both problems which are not restricted to economic cost but also to the impact it had on mental health and well-being. The common traits and their differences have also been discussed. The paper concludes with lessons India can learn from Covid-19 regarding climate change and what ways and means by which India can tackle the climate change situation.

Due to the rise in industrialization and globalisation, big scale companies are emerging worldwide and have established a dominating position during the last two centuries. Multinational Corporations now have a significant impact in almost every aspect of human existence. It is apparent that natural individuals commit crime because they are physically and intellectually capable of doing so, but a corporation cannot, even if it is considered a person under the law. England, United States, And Canada which are also known as common law countries were among the first to attempt to establish corporate criminal responsibility. Despite an earlier reluctance to penalise companies, English courts began to recognise corporate criminal responsibility in 1842, when a company was penalised for failing to carry out a statutory obligation. But due to many reasons there was a lot of reluctancy in recognising corporate criminal liability. The current position is that a company can be guilty of any crime except those that require a certain level of intention by the accused. This is frequently true in situations of economic offences such as the Foreign Exchange Act, the Food Adulteration Act, and so on. Companies were used to held liable for criminal offences under common law with specific exclusions such as theft, burglary, abduction, homicide, assault. There was no requirement for a mental state in this regard, and only fine used to be imposed on corporations as fine. Section 305 of the Criminal Procedure Code provides the procedure for dealing with the accused company, however the tough subject of imposing punishment when the legislation mandates a minimum time of imprisonment as penalty arises. The present research paper attempts a comparative analysis regarding the criminal liability of corporate entities in USA and India.

Kulbhushan Sudhir Jadhav is an Indian national born in Sangli, Maharashtra on 16 April 1970. He is an Ex-naval officer who served India from 1987 to 2001. He served Indian Navy as a commander. He was sentenced to death by a Field General Court Martial in Pakistan on 10 April 2017 because Pakistan Government claimed that he was spying for India's intelligence agency entering their territory by having fake identity credentials. Indian Government filed a writ petition in the International Court of Justice to prove the innocence of Kulbhushan Jadhav and claimed that Pakistan has violated Article 32 of the Vienna Convention even after being a signatory to this convention. Article 32 of the Vienna convention is the basis of this case. Applicability and alleged violation of Article 32 of the Vienna convention is the prudent part of the argumentation. The jurisdiction of the International Court of Justice to entertain the matter is also challenged by Pakistan. But as per Article 1 of an optional protocol to the Vienna convention court has jurisdiction over the interpretation and application of the Vienna convention on counselor relations concerning the compulsory settlement of the disputes.The research article will put light on the deep analysis of the Kulbhushan Jadhav case and the moral and legal duties of the government of Pakistan and India towards this case. In the hindsight, the first part of the paper discusses the history of the case. The second part discusses the detailed facts of the case. The third part elucidates the International Court of Justice involvement in the case, violation of Article 32 of the Vienna Convention, and statutes apply to this particular situation. And fourth part throws light on the conclusion.