Issue Archive · Open Access
Volume V – Issue II / 2022
HeinOnline
Manupatra
Google Scholar
30+ Databases
Articles · 167
-
Law Relating to Bail to Juvenile Delinquent
Additional District & Sessions Judge-cum-Faculty Member at Chandigarh Judicial Academy, India.Pages 01 - 24The aim of the Juvenile Justice (Care and Protection of Children) Act, 2000 is based upon the rights of the Juvenile recognised by the United Nations Convention on the Rights of the Child 1989. To grant bail to the Juvenile is a rule, and jail is an exception. The three exceptions have been statutes in section 12 of the Act. The various High Courts and the Apex Court have interpreted these exceptions. This paper aims at the directions to be followed while deciding the bail applications of the juveniles and considering the circumstances if the same falls under the exception or not. There is no need for subjective satisfaction of the Juvenile Board, but an objective assessment of the reasonable grounds is to be there for declining the bail to the Juvenile, which should be based upon some material. It should not be a mechanical representation of the legal provision. -
Sirri Marriage Review from Islamic Law and Positive Law
Faculty of Law, Slamet Riyadi University, Surakarta, IndonesiaPages 25 - 33Islamic Law sees Sirri Marriage as something allowed to conduct; yet, it is highly recommended to record or to list it in an official marriage document. However, positive Law sees it into two different points of view. Firstly, some experts consider sirri Marriage as something legal to conduct. Secondly, some experts (and also law upholde opporatus) consider it as something prohibited. Following this idea, the government present a draft of the marriage act to provide some punishments for people who conduct sirri Marriage. -
Mandatory Arbitration: Market Relationships Out of Marketer’s Control
Professor at University of Arkansas at Fort Smith, USA.Pages 34 - 50Purpose: This article explains, and recommend improvements for, the US system of Mandatory Arbitration (MA). MA is a parallel, privately-controlled justice system adjudicating hundreds of thousands of B2C disputes annually. Millions of US consumers have contractually agreed to MA, very often without even being aware of it. Once a consumer agrees to MA, s/he sacrifices a set of legal rights most take for granted, as detailed in the article. This shifting of rights, and of dispute-resolution process, signals an alteration in the post-purchase phase of the consumer decision process. More specifically, this article addresses three key issues. First, it explains Mandatory Arbitration (MA) to an audience often not having a full appreciation of its import and impact. Second, it will explain how the MA contracting process ensures the vast majority of consumers become vulnerable consumers, ripe for exploitation. Third, this article will recommend ways to improve and reform the MA contracting process in ways specifically designed to reduce consumer vulnerability and improve societal outcomes. Study Design: For this study, we employed an examination of (1) relevant US statutory law, (2) relevant US case law, focusing on US Supreme Court cases, (3) law review commentary, (4) empirical evidence on both the process and outcomes of mandatory arbitration, (5) commentary from other sources, such as US government agencies and watchdog groups, and (6) procedural documentation from arbitration agencies. Findings: We make specific policy recommendations for the improvement of MA. These recommendations are in the areas of (1) Consumer awareness, (2) Consumer Choice (3) Selection of the arbitrators, (4) Arbitrator’s legal training, (5) Discovery, (6) Judicial review, (7) Class action, and (8) Elimination of MA in some circumstances. Originality/Value: The value flows directly from the article’s stated Purpose. First, many do not have a solid understanding of MA, and are unaware of how pervasive it is in US commerce. Fewer still are aware of how MA strips consumers of their legal rights. We propose practical reforms to maintain the advantages of Mandatory Arbitration, while preserving the legal rights of consumers. Article Classification; Viewpoint; General Review -
Ustopian Analysis of Margaret Atwood’s ‘The Handmaid’s Tale’
Student at OP Jindal Global University, India.Pages 51 - 59The terms ‘Utopia’ and ‘Dystopia’ are essentially deemed contradictory to each other. However, on a close reading, both these terms are not entirely antithetical to each other, so much so that they are even complementary to each other. In fact, both the terms are so intrinsically linked that without existence and understanding of the term ‘Utopia’, the term “dystopia’ will be rendered meaningless, and the same is true vice-versa. The paper aims to explore the seemingly close relationship between the two concepts with reference to Margaret Atwood’s novel, ‘The Handmaid’s Tale’. Atwood herself has coined the term ‘utopia’ and designated the genre to her novels as well. The Handmaid’s Tale is one such novel that combines both the aspects of a utopian as well as a dystopian society. The novel elucidates various experiences wherein the readers can detect a utopian element within the dystopia that the novel essentially illustrates. The paper also explores the structure of a dystopian novel and how rebellion is an essential part of it. Rebellion is what bridges the distance between a dystopian and a utopian society as resistance to the dystopian society pave the way for a utopian society. Rebels, like the protagonist of the novel, are thus the carriers of utopia in dystopian societies. Language is another key element and a subjective tool that helps escape a dystopian society. The paper also tackles the various critiques that this relationship between utopia and dystopia is constantly subject to. Lastly, the paper explores past and future utopias in the novel and how these are a sense of hope for the present dystopia -
Rawlsian Perspective and the Covid-19 Situation in India
LLM student at Panjab University, Chandigarh, India.Pages 60 - 67The covid-19 pandemic was a big humanitarian crisis faced globally. Many developing countries were pushed towards extreme poverty. The scenario triggered us, as individuals, to counter numerous moral dilemmas that came up. Every person delved upon their moral reasoning to assess what would be the right thing to do. The notions related to justice were called into question every time. Many thinkers and jurists have given their theories analysing the concept of justice from time to time. In fact, every person has their own set of ideas and reasoning as to what, according to them, is justice. One amongst them was the idea of justice as fairness. This idea was discussed at length by the great political thinker John Rawls. The present essay aims to analyse the concept of justice as fairness as given by John Rawls and its application during the covid situation in India from behind the veil of ignorance -
Mergers & Acquisitions and Its Impact on the World, Law and Legal Profession
Advocate at Chambers of Salman Khurshid, IndiaPages 68 - 76The business sector all over the world is reorganising its operations by utilising different combining techniques, such as mergers and acquisitions, to face the problems posed by new globalisation models that involve the convergence of national markets with worldwide markets, given that the rising interdependence and reciprocity in markets for a wide range of commodities and services, as well as the expanding worldwide rivalry, it is apparent that we are living in a time of considerable change. This shift has resulted in firms attempting to expand their global reach in order to grow. Companies that choose to expand are more likely to gain market share, attract new consumers, give returns, and make profits for their stakeholders. The growth that we talk about usually comes through mergers and acquisitions. Mergers and Acquisitions come with many prospective benefits, with the main focus on increasing profits and shareholders' value. The businesses have become increasingly global in the past few years, and the desire to attain a competitive edge has driven the companies to look for opportunities all around the world. Multi-National companies play a very big and indispensable role in the globalisation process (Das, 1997; Pandya & Rao, 1998). The globalisation of business has sparked the search for global competitive advantage through economies of scale and scope. The rise in Foreign Direct Investment has been particularly noticeable, and with the global economy being at a surge after the increased participation by companies from emerging economies, Foreign Direct Investment became the most common means for gaining competitive advantage. The most common form of Foreign Direct Investment is cross border mergers and acquisitions. -
Tattoo Artist and Tattoo Bearer’s Rights under the Law
Student at Guru Gobind Singh Indraprastha University, IndiaPages 77 - 83Nowadays, tattoos are a way to express one’s identity and self-expression. According to Indian law, tattoos fall under the category of artistic works. Artists want the same protection after they have created a tattoo as they do with paintings and drawings The article discusses how tattoo artists possessing ownership rights over tattoos might impair the bearer’s rights. Artists may limit the bearer from removing, modifying, or even publicizing their work, which can be problematic, especially in the case of celebrities. Often, people perceive tattoos to express a person’s personality by attaching them to the tattoos. For this reason, direct copying may lead to identity theft. For tattoo artists to enforce their rights, they face many challenges, as well as constitutional limitations. Since both tattoo bearers and tattoo artists have rights depending on what is agreed upon, it is essential to discuss the ownership and rights in advance. It is my opinion that tattoo artists deliver services and receive compensation for the effort, work, and ideas they produce. Therefore, they shouldn’t enforce their rights over a tattoo and rather forfeit it. They should also maintain a friendly relationship with the bearer. This article addresses the challenges the owner of tattoo copyright may face if they try to enforce their rights in court. Lastly, the article examines the complexities in determining the copyright in tattoos since tattoos are often created in a fluid and informal manner, which makes determining ownership of the copyright difficult. -
A Detailed Study on Child Abuse in India
Student at Symbiosis Law School Hyderabad, India.Pages 84 - 93“Children are like buds in a garden and should be carefully nurtured, as they are the future of the nation and the citizens of tomorrow”, said Jawaharlal Nehru. But children tend to face many challenges from their early stages themselves, with respect to livelihood, education, discrimination and maltreatment, irrespective of caste, creed, gender, religion or identity. Such psychological, sexual or physical maltreatment of a child amounts to child abuse. This has been rooted in economic, cultural and social practices and is found all over the world, and different jurisdictions have given different definitions as to this very term. There are many types of abuses against children due to which they are being affected in numerous ways. That being said, the person who abuses/ the abuser is called the perpetrator of the abuse. The Indian Penal Code, 1860 and the Prevention of Children from Sexual Offences Act, 2012, are two of the major substantial Indian laws that define punishments for offences against children. Currently, the National Commission for Protection of Child Rights and the Child Welfare Committee look after children who are in need of protection and care. This paper examines the research studies available with regard to child abuse. It introduces the topic, followed by literature review, methodology used throughout the research, questions to be covered and discussion of child abuse in detail through headings and subheadings. The current paper would stress the point that failure to recognise the abuse and treat the abuser at nascent stages might lead to potential harm to the victim, that she/he has to suffer for their entire life. In lieu of the same, the researchers opine that enactment of stringent regulations as well as the implementation of laws might pave the way to provide quality and peaceful life to a child. -
The Impact of Social Media and Freedom of Speech in India, in the Content of Regulatory Law
Student at DY Patil School of law, Navi Mumbai, India.Pages 94 - 105Nowadays, international in conjunction with the generation, even crimes are advancing. Living in the 21st century, with the nice of generation and superior lifestyle, in which we are able to have interaction with humans all over the globe. At the same time, the humans withinside the 19th century observed it tough to talk with someone from a different village due to the lack of expertise and generation. We have advanced greatly. However, the 21st century brought many changes in society. The world is no longer the same as it was. Social media platforms, along with Twitter, and Facebook, have allowed the fast change of records and, once in a while, misinformation. Many of the modern technology and strategies scientists use nowadays to examine large statistics and strengthen researchers did now no longer even exist in 2002 either. But existence isn't always complete of advantages; there are always two sides of the same coin. Social media has come to be extraordinarily common among individuals. It has now no longer handiest made connecting to humans so simpler; however, additionally, build it fun to debate varied things as you will be able to have everybody commenting on an equivalent tag/post. People from one-of-a-kind age groups use the app, which supplies a lot of exposure to them. People generally tend to misinterpret freedom of speech with hatred, ensuing in cyber-crimes and main to greater flagitious acts. "There are some people who engage in cyberbullying online because of the anonymity and the fact that there is no retaliation," as aforementioned by Amanda Giordano, principal investigator of the study and associate professor in the UGA Mary Frances Early College of Education. Freedom of expression is a complex right. This is often a result of freedom of expression isn't absolute and carries with it special duties and responsibilities; therefore, it should be subject to bound restrictions provided by law. -
Information Technology vis-a-vis Human Rights: An Analytical and Legal Approach
Advocate at Siliguri District Court, India.Pages 106 - 122The explosion of information and communication technology has been the most influential element in the globalisation process. So much have computers invaded every aspect of life, and so quick has been the impact that the institutions of law and justice have been caught unawares. IT has acted as a double-edged sword as, on the one hand, it has benefitted immensely, but at the same time, one of the rising problems is its relation in violation of human rights. The IT legislation arena is a comparatively new field that requires a detailed study into its formulation, strategic development and continuous evaluation in the era of advancement of artificial intelligence and technological dominance. The need of the hour is to analyse the rapid advancement in information technology in the context of the dilapidated and gradual growth of the existing framework of IT legislation and its juxtaposition with Human Rights at the international as well as the domestic level and arrive at a balancing position with regard to the abovementioned inter-related aspects. This calls for the drafting of effective policies, actions and legislation to combat issues arising from the unbridled advancement in technology which in many ways leads to the blatant breach of human rights. -
Tracing Triangular Correlation between Life with Dignity and Death with Dignity in the Backdrop of Leading Case Laws in India
Research Scholar & Assistant Professor at School of Law, Galgotias University, India.Pages 123 - 136“Death is Peaceful; Life is Harder.” This quote by Stephenie Meyer compels one to imagine the misery and pain of a person who wishes to leave for the heavenly abode due to certain compulsive circumstances. The sanctity of human life does not entail the continuance of one’s existence in agony and suffering as a result of one’s actions. Given that everyone has the right to live a dignified life. Here few questions arise ‘What is a dignified Life?’ Whether a person who is not able to live a dignified life has a right to die in a dignified manner? Whether right to die with dignity is recognised as a fundamental right in India? Can a person be forced to live in a way that is detrimental to his or her well-being? This paper explores the concept of death with dignity through a jurisprudential and legal angle. Leading Judgments centred on the issue of life and death such as the Gian Kaur case, Aruna Shanbaug case, and Common Cause (A Registered Society) case are converse to have a better glance of concern associated with death with dignity. -
Geographical Indications Act and Cultural Appropriation in Northeast India: Scope and Analysis
Assistant Professor at Law Centre II, Faculty of Law, University of Delhi, IndiaPages 137 - 145Cultural appropriation is not a new phenomenon, but it has become a serious threat to the culture and identity of a particular group of people, including the tribals in Northeast India. The Act of using traditional designs without acknowledging the source is another way of ignoring the existence of the people to whom they belong. In this day and age where technology has taken over even the smallest detail of our day to day lives, the Act of misappropriation has gained momentum. There are several ways to protect the rights of an individual under intellectual property law, but there is no law to protect the rights of the community. The most plausible way to protect the cultural heritage belonging to a particular community is through the Geographical Indications Act. This article is an attempt to analyse the meaning of cultural appropriation and its impact on the lives of tribals in Northeast India. It will highlight the importance of the GI Act with a particular focus on traditional designs from Northeast India and whether the Act is sufficient to deal with the phenomenon of cultural appropriation taking place in Northeast India. -
Statutory Acts or Procedural Law in Muslim Woman’s Right to Maintenance?
Student at Hidayatullah National Law University, Raipur, India.Pages 146 - 151Among the persons entitled to maintenance under Muslim law, unlike the English Law, an obligation of the Muslim man to maintain his descendants, ascendants, collaterals, and wife. This arises from three ‘causes’ of marriage, relationship and property. Thereupon, it is the only wife possessed of the property sufficient for her maintenance in a legal sense; it is food, clothes and lodging. She “can claim to be maintained at the expense of her husband as her right to maintenance” as in the nature of consideration for her “marriage” in this case or situation contract. Regardless of the husband is indigent. Besides, as a general rule, there is no relation as above-mentioned causes “except a wife, who is in easy circumstances, has any claim for maintenance.” -
Paternity Leave Laws: A Comparative Analysis of Sweden, USA and India
LLM student at Galgotias University, India.Pages 152 - 162A comparative method of study of laws is adopted by various nations across the globe to improve and amend laws. One such area that needs to be highlighted by Comparative study is Paternity Leave Laws. According to the International Labour Organisation, paternity leave helps improve the overall well being of a newborn. Several countries have enacted laws on paternity leave that includes Britain, Estonia, Sweden, Japan, Bangladesh, etc. In countries like Pakistan, Nigeria does not provide any paternity leave. This is a doctrinal method of research and seeks to analyse the law on paternity leave and draw legal implications. This research paper follows a Comparative Method of study of laws and compares Paternity Leave laws in Sweden, USA and India. Sweden has the best Paternity leave laws with a more gender-neutral approach. The USA provides Paternity leave to its employees but it is unpaid. India still needs a uniform law on Paternity leave though private sectors have started including paternity leave policy in their employment agreement. -
Navigating through the Troubled Waters: An Analysis of the Anti-Conversion Laws
Student at Ideal Institute of Management & School of Law, GGSIPU, Delhi, IndiaPages 163 - 173India has two million gods and worships them all. In Religion, all other countries are paupers; India is the only millionaire - Mark Twain Basking in the afterglow of the warmth of freedom capitulated by our freedom fighters 75 years ago, India has been set in the aegis of multi religionism with Secularism as an inextricable aspect entrenched in the Constitution of India and Article 25 further warranting every citizen the Right to practice, profess and propagate his Religion. In recent times albeit, it has been endangered due to the malady of hatred that is being propagated by political parties as per their vendettas and causing many quagmires. Exacerbating the situation further, due to rampant conversions being carried out illegally in the garb of the Right to the propagation of one’s Religion, lawmakers with an intendment to curb the macabre practice inducted The Anti-Conversion Laws, the coming of which caused much furore with many purporting them to be discriminatory and tantamount to a succinct infraction of the sacrosanct rights that our Constitution vouchsafes while others averred it incumbent to combat the horrendous practice. The recent stance is the promulgation of Anti-Conversion Laws in the state of Uttar Pradesh and the neoteric incidents pertinent that have shaken the sanctimonious preambular spirits resulting in jeopardisation of rights of the minorities in the Country. The following paper aims at meticulously scrutinising the Anti-Conversion Laws and their ramifications in different states and extrapolating if they inculcate the spirit of communal apartheid or bolster the concept of Secularism in India. -
Corporate Restructuring: In India and its Impact on the Economy
LLM Student at IILM University, IndiaPages 174 - 215Corporate Restructuring is financial engineering technique for restructuring or rebuild of the corporate entity to modify its existing Corporate capital structure. It helps to underline the Gaps in our ability to deal with the corporate crises, existing market changes, monetary policies. It teaches us what works and what does not, although we need to continue searching for additional practical solutions that were not tried during the crises. The world is changing day by day in terms of customers i.e peoples, thoughts, behaviours, habits, tastes etc. other than that there are rapid changes in technology, competition, products, market geographical area, new business policies, new business tools and standards, changing in political structure, Generation mind setup, Market policies, emerging of new sectors, etc. Restructuring helps the corporates to enhance their performance to beat the market competition and innovate in order to continuously maximize the profit to the existing promoters and shareholders, and help corporates to work into existing markets, grow the customer data, swipe off-market competitors, and implementation of new information and Technology and new software technology to give the training secession to the existing and new appointed staff to update the People and staff. A Corporate going through the tough financial scenario in the very current situation must need to understand the right process of corporate restructuring thoroughly, mostly the corporate associated with the financial troubles due to some significant problem. The Management of the troubled Corporate / company must hire the Financial as well as the legal Expert to assist and advise of the transaction deals and making the controversial and difficult decisions to save or restructure the Corporate and arrange the debt financing, reduction in operational expenses and to increase the sales as per the existing market scenario. And accordingly to the redirection of the firm's activities and deploying surplus cash from one business to finance profitable growth in another and to reduce the market risk and to focus the development of core competencies. -
Artificial Intelligence and Blockchain: The Tools of the Modern Era for Speedy Justice
Advocate at Bar Council of Kerala, India.Pages 216 - 224Technology has become a part of human life. It has helped us to connect, improve our living conditions provide access to better services and has enhanced the fulfilment of every aspect of our day to day activities. But the question arises as to how much technology has influenced our legal system. ”Justice delayed is justice denied”: The Indian Legal system still suffers from backlogs in litigation and final decision making in cases, creating difficulty for aggrieved parties to acquire justice in time. Cases as long as 30 years are still pending in the courts. The low judge population ratio is often considered as a significant reason for this backlog but beyond that, lack of proper use of technology is also a major reason. Implementing technology in law aims to prevent the unending delay in granting justice in time. Digitization of services has become prominent in all sectors as part of E-governance as the Govt. has recognised the importance of paperless services, but modern technological innovations such as Artificial intelligence and blockchain is still considered through a sceptical view by many. The application of AI and blockchain has increased gradually throughout these years but is limited by the level of innovation in the area. The use of AI could simplify and improve the performance of several sectors while blockchain can be used to securely store data, as data is considered as the “new currency” thus making it valuable and requiring protection. Several studies have been made by the Government regarding the use of these modern technologies and have further recognised the use of AI and blockchain technology for future development under the E-Governance Mission. This paper aims to understand the extent of digitization of our Legal system, the scope and benefits of Artificial Intelligence and Blockchain in the Legal system and how it contributes to speedy justice. -
Property Rights of Women in India: An Analysis through Personal Laws
Student at KIIT School of Law, India.Pages 225 - 234Violation against women is omnipresent both in developed as well as developing countries. However, the lack of property rights and the persistence of the rigid social norms, that restricts women’s activities, is a particular feature in developing country like India. Limited property rights hinder economic development, especially for women. It is evident that improved property rights for women may represent an improvement in welfare. This paper aims to study the property rights provided to women in India through various personal laws. The important laws in regards to property share are the Indian Succession Act 1925, the Hindu Succession Act 2005 and the Muslim Personal Law (Shariat) Application Act 1937. This article explores judicial developments in the Indian law of succession whereby laws have recently been interpreted by the courts to grant more property rights to Indian women. Tribal women who had been denied inheritance rights under their customary laws have been judicially granted rights in their favour. Also, the applicability of coparcenary claims by Hindu daughters, granted under the Hindu Succession (Amendment) Act, 2005, has now been finally settled by the Supreme Court of India. More than a decade after the passing of the Constitution, the courts continue to adopt a judicious approach when considering the constitutional validity of personal laws. -
Section 9 Applicability to Foreign Arbitrations: ‘Hydra Head’ of Concurrent Jurisdiction?
New York & India Qualified Disputes Attorney, LL.M. (Columbia Law School, 2020) and currently retained as Senior Associate at IndusLaw, Delhi, India.Pages 235 - 245Armed with a ‘pro-arbitration’ outlook, the judicial pronouncements by Courts in India over the last decade evidence a clear endorsement of the principle of party autonomy in arbitration and brings Indian arbitration jurisprudence in line with other ‘arbitration-friendly’ jurisdictions. An aspect of this is reflected in the recent Supreme Court ruling in PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd.., wherein the Court was, inter alia, considering whether a party could approach the Indian courts for appropriate provisional reliefs (under section 9 of the Arbitration & Conciliation Act, 1996) in respect of arbitrations seated outside India or in pursuance of an award rendered in such foreign-seated arbitrations. Answering this query in the affirmative, the Apex Court has brought much-needed clarity in an otherwise dialectical sphere of jurisprudence. Through this article, we expound the irresolute history of the provision’s applicability to foreign-seated arbitrations, analyse like-principles adopted in transnational litigation, and attempt to identify a trend towards legal certainty while examining the latest expression on this subject by the Calcutta High Court in Medima LLC v. Balasore Alloys Limited. -
Food Safety and Standards Authority of India (FSSAI): An Important Outlook on Adopting it as a Business
LLM Student at IILM University, IndiaPages 246 - 256Food Safety and Standard Authority of India is the act for all the food articles being safe for the consumption of the human, any law related to this shall be all in the FSSAI Act, but the most important that my research paper crux is, the relevant points a person needs to know on adopting it as a business. -
Patent Pledges for Access to Medicine: Need of the Hour
Research Scholar (Full Time) at VIT School of Law, VIT, Chennai, India.Pages 257 - 267Patent Law gives an exclusive right to the Patent holder to exploit his Patent and thereby create his monopoly. But over a period of time, it has been seen that this monopoly given to the Patent holder interferes with the accessibility to medicine. Though there is an inbuilt Patent law mechanism that helps to strike a balance between public and patent rights, there are a few emerging concepts that are within the rights of the Patent holder and can contribute significantly in providing Access to medicine. One such concept is of Patent pledge that can be of much use. This article aims to outline the concept of Patent pledges. It also elaborates the contribution of different forms of tools like Patent pledges and Patent pool, within the rights of Patent holders in the fight against COVID-19. -
Undertrial Prisoners in India: Victims of Long Incarceration
Student at ILS Law College, Pune, India.Pages 268 - 274Prison has always been a place for the reformation of the convict. In short, the whole purpose of the prison system is to punish those who have committed a crime. It was never meant to be a place to keep the undertrial population, however, it can be seen that more than 70% of the prisoner population in India is undertrial prisoner population. The struggling fight of undertrial prisoners in India can be seen for years now. However, not much attention is given to the miserable state of undertrial prisoners in India. There are many reasons behind the increasing number of undertrials, but one of the main reasons behind it remains delay in conducting trials or providing justice to them. It can in a way be said that justice for undertrials comes only after they have paid the price of being punished and imprisoned, even without being declared as convicted. This injustice that the undertrial prisoners have to go through is a shame on the justice system of our country. Martin Luther King had stated, “Injustice anywhere is a threat to justice everywhere.” It thus becomes extremely important that more focus is now laid on reducing the plight of undertrial prisoners in India. -
Examining the Depiction of Loneliness in Virginia Woolf’s, ‘Mrs Dalloway’
Student at Symbiosis Law School, Hyderabad, India.Pages 275 - 282This research paper looks into the world of an upper-class woman from the 1920s, Mrs Dalloway, based on the book by Virginia Woolf. A single day in the life of Clarissa Dalloway reveals the underlying themes of loneliness, fear of death, communication and more. This paper deals especially with the theme of loneliness and how it is portrayed in the main characters. The story of Mrs Dalloway revolves around Clarissa Dalloway and her past as well as the story of Septimus Warren Smith. Septimus is a war veteran, suffering from post-traumatic stress disorder (PTSD). His struggle with his mental disorder and how it affects his family is crucial to the story. The essence of the novel is about how connected these two individuals are having never met one another. Mrs Dalloway's psyche is on full display every time she has a flashback into her past. Her memories reveal a lot about her lifestyle and personality. Even though the story revolves around the happenings of a solitary day, through time jumps and different perspectives, more of the narrative is revealed. This paper thoroughly investigates the minds of these characters and how they interact. The constant but subtle notion of loneliness within these characters is brought to light in this research paper. -
Intellectual Property Issues in 3D Printing
Student at ILS Law College, Pune, India.Pages 283 - 287The tremendous advancement in Information Technology and engineering has given rise to a lot of emerging technologies such as 3D printing, the Internet of Things and many more. As their popularity is significantly increasing day by day, a lot of legal issues are also increasing along with it. This article explains the concept of 3D printing or additive manufacturing and also talks about the Intellectual Property issues which arise after an object is 3D printed. There are very high chances of patent and copyright infringement when an object is built with the help of 3D printers. Likely infringement scenarios are illustrated with the help of suitable examples. Further, the current status of IP law which talks about 3D printing is dealt with as per Indian and global law. A few measures to curb the unauthorized use of 3D printing are highlighted which could help to prevent infringement. Lastly, a very famous and first of its kind controversy with respect to 3D printed weapons has been summarized. As 3D printing is going to grow at a rapid pace in the coming future, so would be the legal fraternity for tackling the issues arising out of these new technologies. -
Privy Council and Federal Court: An Overview
Student at School of Law, NMIMS, Hyderabad, India.Pages 288 - 301When we glance at the history of the Indian legal system, we can see that it is mainly based on the English legal system. In reality, the British administration was responsible for the systematic creation of Indian judicial institutions, judicial concepts, and legislations. Apart from that, the British government in India established a hierarchical judicial system. As a result, a council of jurists known as the Privy Council was given the ultimate judicial power. It has had a tremendous influence on India’s current legal system. The Privy Council has made a significant contribution to the evolution of the Indian legal system and judicial institutions, as seen in the above discussion. Many important legal ideas were incorporated into the Indian legal system as a result of it. In addition, it influenced India's judicial institutions. Overall, it has played a critical part in the development of India's current legal system. -
Environmental Degradation and Climate Conditions: With Special Reference to India
Associate Professor at University Institute of Legal Studies, Chandigarh University, Mohali (Punjab), India.Pages 302 - 313Human beings are dependent on the environment for continued survival. It is our responsibility to keep it clean and use natural resources in a sustainable way. Today, due to Environmental degradation there is depletion of natural resources which has led to the loss of livelihood, poverty, famine, weather extremes, species loss. It can be reduced by reducing our overall consumption of resources as our wildlife and flora depend on their natural environment We must learn to reuse, second-hand consumption should be promoted. While talking about climate change; In any place, we found six major controls of climate change Altitude, Latitude Wind System and Pressure, distance from the sea, current of the ocean and relief features. The air temperature in India decreases generally from the equator towards the poles. The temperature falls when we go from the earth’s surface to high altitudes. This is the reason that in the hot season the upper area is cold than the lower area. The Latitude and the altitude of a space decide the wind and pressure of any area and in the same way, it influences the rain system of that particular area. The climate of the coastal areas is also affected by ocean currents. The main cause of water pollution is organic and inorganic industrial waste and effluent discharged into rivers. Water pollution is mainly caused by petroleum refineries, chemicals, textile and dyeing, tanneries, electroplating industries detergents, acids, salts and heavy metals like lead and heavy metals like lead and mercury pesticides, fertilizers, a synthetic chemical with carbon, plastics and rubber, etc -
Food Safety Standards and Laws an Essential Component of Public Health: A Critical Study
Research Scholar at Caudhary Charan Singh University, Meerut, India.Pages 314 - 317An Effective Domestic food control mechanism is essential to protect the health and safety of consumers. They are also important to validate nations to assure the safety and quality of their food Products entering into the international market as well as to ensure that imported food meets national standards. There are numerous international organizations and agreements for food trade regulations, these agreements set standards and provide considerable obligations on both importing and exporting countries. It is a well-known fact that unsafe food is a prominent cause of human Illness and around 4, 20,000 peoples die annually because of contaminated food. There is said that “If it is not safe it is not food” so it is an urgent need for every country to strengthen its food safety mechanism and Laws. Food and Agriculture Organization as a specialized agency of the United Nation mainly focused on promoting food security but still, there is scope for FAO to ensure the safety of food because in today’s world both the terms are interconnected. Another major International Organization which works for ensuring food safety with free trade between the nations is WTO (World Trade Organization).In India First and foremost legislation was the Prevention of Food Adulteration Act, 1954. The Prevention of Food Adulteration Act, 1954 was repealed and replaced along with eight other legislations by the Food safety and standards Act 2006. The primary reason behind the failure of the Prevention of Food Adulteration Act, 1954 was its inefficacy to meet International requirements. -
Economic Perspective of Trademarks
Student at Bennett University, India.Pages 318 - 326This paper aims to analyze trademarks from an economic perspective. Through this paper, the author seeks to discuss and analyze the conventional economic theories on trademarks by eminent economists and economic scholars, who previously categorized trademarks as private goods, in contrast to other intellectual properties like copyrights and patents which were categorized as public goods. The paper goes on to discuss the various uses of a trademark, some of which fall under the ambit of public non-rival uses and others which can be considered under the conventional proprietary uses. Thereafter, the author emphasizes upon the modern public goods theory on trademarks, which keeping the above uses of the trademark in mind, categorize it as an impure public good. Lastly, the author also discusses why the categorization of trademarks as impure public goods, alongside public goods like copyrights and patents, is correct as all three of them share common features when it comes to the ultimate goal, which is to act as an information source for the consumers. The paper is divided into three parts, wherein the first part provides an introduction to the topic and the motivation behind its selection, the second part deals with the literature review, and lastly, the third part deals with the discussion and conclusion of the paper. -
Interrogating the Justification of the Continued Retention of Death Penalty as a Punishment in the Nigerian Criminal Justice System
Senior Lecturer in Law (Department of Criminal Litigation) Nigerian Law School, Lagos Campus, NigeriaPages 327 - 344A Death Penalty is a form of punishment known all over the world as punishment for certain categories of offences. It is used as punishment for the most heinous crimes against humanity or the State. The Nigerian Criminal Justice system recognises ‘Death Sentence’ as a form of punishment. The Criminal Code and Penal Code Laws of the various States in Nigeria prescribe the sentence of death for crimes such as Murder and other grave offences. Incidentally, of late, there has been sustained campaign all over the world and Nigeria for the abolition of the death penalty on the basis of its inhuman nature. The question this work seeks to answer is whether the death penalty is lawful in Nigeria and whether there is still the need to retain the death penalty in Nigeria as punishment considering the fact that this practice has been abolished in many jurisdictions and more particularly that death row inmates are rarely executed in Nigeria. -
Managing Cross Cultures: The Predicament and Combating Strategies
Professor at Sastra University, India.Pages 345 - 356The landscape of international business and particularly International Human Resource Management has fundamentally changed with the expansion of augmented mobility of self-initiated expatriates and skilled migrants. Along with this, it has become increasingly imperative to bring in cultural differences and social interactions between workgroups in organizations and coordinate intra-firm progressions in organizations, such as recruiting and retaining workers, to leverage the probable gains from cross-cultural diversity. Diversity management involves the tactical adjustment of workforce heterogeneity to take in and cherish each employee at par on the foundation of their miscellaneous characteristics, so as to leverage organizational multiplicity, enabling enhanced organizational justice and maximized business sequels. Though it is conventional for an organisation’s culture, constructed over time, to give way to slow change, the international setting makes it far more inevitable to understand the complex norms and dynamic nature of diverse cultural groups. This felt the need for greater awareness for accommodating and managing culturally and linguistically diverse workers has impelled global managers to evolve cross-cultural strategies, both in the domestic and international context. This paper provides a multilevel critical assessment of cross-cultural diversity management in trying to understand the culture at the employee, organizational, and national contexts. By examining universal, ethnocentric (culture-specific), and polycentric cross-cultural models, differences between the Western and East Asian cultural norms have been assessed. The insights highlighted in this paper may help to bridge the cultural distance between diverse groups and individuals from different cultures, and pave the basis for successful management and work in diversified cultures. The study underlines that organizations take appropriate diversity management measures to bind and leverage the ability of diverse employees for maximized competitive advantage. -
Geographical Indications in Kerala: An Examination of their Efficiency
Student at the National University of Advanced Legal Studies, India.Pages 357 - 364This essay aims to analyse the concept of Geographical Indications (in general) and further narrows down to the topic of Geographical Indications in the State of Kerala and the efficiency of the same. Therefore, in order to enhance the structural flow of the essay, it is divided into two parts, namely, General Introduction to Geographical Indications and Geographical Indications in Kerala. The essay gives a brief overview of the topic of Geographical Indications, their definition and components, the various types, and International and Municipal legal framework protecting the same. The second part of the essay covers the specific concept of Geographical Indications in Kerala and touches upon the various registered Geographical Indications. Along with the author’s analysis of the efficiency of these Geographic Indications, a previously published empirical case study is also employed to infer conclusions from the same. -
A Critical Analysis on the Incidence of Human Trafficking against Women and Children and its Underlying Factors in India
LLM student at REVA University, India.Pages 365 - 378Human trafficking does nothing but undermine the sanctity of what we regard ourselves to be, “humans”. Treating their own counterparts like a commodity, the humans themselves recruit, transport, and harbour persons by the exercise of force or some other means, with the sole motive of exploitation. The commoners, who are happy in their self created utopia of will and woe, are evidently victimized. The innocence of children and the subtleness of women suddenly become a menace from that of a blessing, when they confront such devilish counterparts. The visibly evident shame on such “humans” lacking the obvious element of “humane” is dealt with in this paper with close reference to certain relevant ethical theories like “ethical realism”, “moral absolutism”, etc. The widespread contemporary exploitation of men, women and children is unacceptable to people of conscience the world over. Traditional approaches to preventing trafficking in human beings, protecting and assisting trafficked persons and bringing criminals to justice have had some small impact on the global phenomenon, but not enough. That even one young person be denied the benefits of childhood, that one young woman is subjected to the brutal humiliation of sexual exploitation and that one man becomes the slave of a cruel taskmaster in another country are clear signals that we must renew both our resolve as well as our initiatives to protect those who are vulnerable. -
Raising the Minimum Age of Marriage: Breaking the Golden Birdcage
JRF at NIMS University Rajasthan, Jaipur, IndiaPages 379 - 383The Indian society is exceptionally concerned with the marriage of their daughters. Even today the masses of India are less concerned about the education of the girl child but for a suitable bridegroom for her, because there is a conception that a woman can only be secured with her husband. This is the reason behind the marriage of girls at a very young age. The present Union Government has tabled a bill in the Lok Sabha to increase the minimum age of marriage for women from 18 years to 21 years, which will apply to women of all religions. This article will look into the impact of raising the minimum age of marriage for women and its consequences on the different important factors which are essential for the overall development of a human being, such as education, health, social security and economic stability. It has taken the studies of different highly reliable data, government news sources and research papers. Increasing the minimum age of marriage will lead to the holistic development of a girl child with better chances to pursue higher education, capable of making her own decisions and this also impacts on the population growth. The increase in the minimum age of marriage will provide different opportunities for a young girl to become self-reliant and become a strong pillar of the society to contribute to the development of the nation. -
Dowry Death: A Neglected Public Health Issue in India
Student at KIIT School of Law, India.Pages 384 - 389From the womb to the grave, women are victims. The demand for dowry, as well as the killing for dowry, are examples of victimization. The family are concerned about the future, which begins with the arrival of a girl kid solely for the sake of dowry. “Since I do murder her presently; someday she can murder me economically and another person will blaze them for the sake of money.” This is the justification of would-be parents of a girl child when deciding to take her own life early. Dowry is a pecuniary either in payment offered by the newly-wed to the husband's family in gratitude for the bride being given away in an Indian marriage. The government has taken initiatives to improve the status of women in society, together with enacting specific provisions namely the Dowry Prohibition Act 1961 and the Indian Penal Code, 1860, that also prohibits the request, offer, and grab the dowry. Notwithstanding such legislation, the procedure of marriage settlements and the occurrence of dowry demise exist in India. -
Status of Death Penalty in India
LLM student at Galgotias University, India.Pages 390 - 396The death penalty or death sentence also referred to as capital punishment is awarded for capital offences like murder, rape or for any other offence where a provision of the death penalty as a punishment is mentioned in the law. The basic argument in favour of the death penalty appears to be the theory of retributive justice. This theory states that a person who has committed such a grave offence must also suffer the same fate. Capital punishment is basically awarded to create a deterrent effect on society so that the people fear the consequences of the offence and think twice before committing it. In this research paper, we will discuss the concept of the death penalty and the legislation pertaining to it in India and above the constitutional validity of the death penalty through various case laws in India. In the end, I will conclude whether the Indian stance on the death penalty is justified or not. -
Need for Mediation Laws in India
Student at Army Institute of Law, Mohali, India.Pages 397 - 405Humans are social animals and their active interaction within society leads to various types of conflicts and disputes. From budding cultures and societies to already developed ones, these conflicts and disputes are inevitable. The history of humankind has witnessed the rise of disputes with the evolution of the human species along with the evolution of nature and kinds of disputes have also evolved. Amicable settlement of disputes in various forms has always been an integral part of any civilized society and our Indian society being one of the oldest civilizations in the world has also witnessed this over a while; be it formal or informal. With the evolution of various laws and professionalization of the judicial setup, these modes of dispute settlement have been attributed with different names e.g. mediation, negotiation, conciliation, etc. Moreover, an increase in general awareness amongst individuals about their rights has also led to a massive rise in judicial pendency of cases in the Indian Courts. At present, in India, 3.9 crore cases are pending in the district and subordinate courts, 58.5 lakh cases in the various high courts, and more than 69,000 cases in the Supreme Court and this has become a major concern for the Indian legal system. It is often said that justice delayed is justice denied and to avoid such a situation, we need to adopt various alternative modes and mediation comes out to be one of the most favoured choices, due to its efficiency, accountability and convenience. However, when it comes to its acceptance in the Indian legal setup, it has a long way to go. We do have laws that talk about mediation, yet all these provisions are scattered across various rules and statutes and this makes the ongoing system less accountable. Thus, the need for separate mediation laws in India is the need of the hour. Therefore, this paper will deal with the need and urgency of mediation laws in India. -
Climatic Deterritorialization as an Accelerator to Statelessness
Research Scholar at School of Law Justice and Governance, Gautam Buddha University, India.Pages 406 - 415Climate change leads to many direct and indirect consequences throughout the world. A major ancillary to global warming is raising sea levels resulting in territorial dissipation of island states. This areal degradation has resulted in environment determined displacement directing massive migratory trends which eventually intensify statelessness. As the statistics and severity of storms and floods like cyclones, hurricanes, tornados and tsunamis and other cataclysms have been on a rise, sinking of island states is unavoidable. Once the islands and other coastal settlements are inundated causing deterritorialization, the prospects of the remaining population getting adapted to the reversed conditions get restricted. It permits migration as the only alternative. This external displacement is permanent in nature and the migratory inhabitant lives get dependent on the legal status provided by the host country. Correspondingly, if the sovereignty of the island state is endangered and the populace is not granted citizenship status by any other state, they per se becomes de jure stateless. Through this article, an effort is contrived to understand in detail the extensive impact of environmental degradation on the increasing stateless population globally. This paper also offers an overview of the interconnectedness between the climatic and social, political or economic factors leading to statelessness, parallelly working on understanding the probable provisions to be implemented to aid such people. Furthermore, an endeavour to understand different solutions for preventing statelessness in the context of low-lying island States has been made. -
Corporate Sustainability, Environmental Justice, and Competition Law: Developing a Proactive Mechanism for Sustainable Societies
Assistant Professor in Business Law, School of Business and Economics, Universiti Brunei Darussalam, Brunei.Pages 416 - 444We cannot overstate the monumental nature of the environmental challenges we face today. It is however unfortunate that the authorities face a constant struggle to tackle the problems. Hence, to effectively tackle the challenges, it has become imperative that a wider range of actors play their role to prevent wide-scale degeneration. Such actors could include not only NGOs but also business entities. The problem however is that the involvement of business entities could raise conflict of interest issues especially if the so-called environment-saving measures offend some economic rules such as competition law. This means that efforts must be made to manage the relationship between the two public goals – in other words, to maximise possible environmental benefits derivable from good corporate initiatives without compromising the integrity of economic rules. The paper, therefore, clamours that seemingly anti-competitive conducts which have positive environmental effects be considered acceptable in deserving cases. Indeed, it is not unusual to hear about instances where competition authorities have accepted environmental policy arguments in competition cases. As such, the proposition to accommodate environmental protection arguments in competition cases is not revolutionary. The paper however seeks to enrich the theoretical justification by emphasising the necessity of encouraging business actors to be proactive in addressing environmental challenges and ultimately on the necessity to give greater regard to environmental policy, especially when compared with economic rules such as competition law The analytical exercise in this paper extends beyond consequentialist public policy justifications. Rather, it adopts an ingrained approach by asserting an inherent idea of justice – specifically, environmental justice. To link the intrinsic claim of environmental justice to external societal pulses, the paper aligns the claim for justice with society’s preference. The idea of preference, for this purpose, is nested in Sen’s capability approach. The paper delineates the contexts and scope of potential claims with the aim of avoiding abuse and limiting frictions between the goals of competition and environmental policies. -
The Death Penalty for Drug Crimes in Vietnam’s Criminal Law and the Possibility of Abolishing the Death Penalty for these Crimes
Lecturer at Faculty of International Law, Hanoi Law University, Vietnam.Pages 445 - 459As one of the countries that still retain the death penalty for a number of crimes, including drug crimes, the abolition of the death penalty is one of the topics on which human rights mechanisms of the United Nations, including Universal Periodic Review and Treaty-based mechanisms, often recommend to Vietnam. In Vietnam’s Criminal Code, the death penalty is the most severe punishment and shall be applicable to extremely serious and cruel crimes, including drug crimes. The number of drug crimes sentenced to the death penalty in the 2015 Criminal Code, amended and supplemented in 2017, has reduced compared to that in the previous criminal codes. Regarding drug crimes, this penalty shall be applied for three kinds of crimes (Illegal production; illegally transporting and illegally trading narcotics). Although Vietnam's criminal law currently maintains the death penalty for drug crimes, Vietnam has ground to eliminate the death penalty for drug crimes in the future. The content of this article is analyzing the provisions of Vietnam’s criminal law on applying the death penalty for a drug crime. Besides, the article will evaluate the possibility of abolishing the death penalty for drug crimes in Vietnam. Based on this, some recommendations would be made towards death penalty abolition for these kinds of crimes in the future. -
Artificial Intelligence: A Tool for Optimizing Talent Acquisition
Associate Professor at Department of Commerce, Sri Guru Hari Singh College, Sri Jiwan Nagar (Sirsa), Haryana, India.Pages 460 - 471In the new phase of Industry 4.0, businesses, organisations, and industries compete in the labour market for the most qualified, talented, and dynamic people in this age of technical developments. With the rising use of technology, Human Resource Management has undergone a transformation. Several Digitally Disruptive Technologies have radically altered the existing systems and resulted in the development of new business models. The present paper focuses on the application of artificial intelligence in the talent acquisition process, which is one of the most important functions of human resource management. It investigates the use of artificial intelligence as a tool for managing diverse talent acquisition initiatives. It includes case studies of firms that have effectively employed artificial intelligence to manage their hiring and talent acquisition operations. It can be concluded that AI has the potential to improve the quality of the hiring process by matching the best candidates to the job requirements. -
Witnesses in the Criminal Justice System
Advocate at Rajasthan High Court, India.Pages 472 - 483Witnesses play a very important role in the criminal justice system but at the same time the most ignored one. The justice system and the reliance on witnesses is not a new practice but within the society for ages. The agencies of the criminal justice system i.e. police, prosecution and courts failed to deal with the witnesses. There are various provisions for the witnesses but not formulated in a proper way. The law commission too is not that proactive in dealing with the issues of witnesses. Many cases in the judicial system emphasise the importance of witnesses but no proper guidelines are ever implemented. The judiciary, legislature and executive are lacking its intent towards the witnesses. The result is intimidation, hostility, perjury etc ending up in compromise with Justice. -
Ochlocracy and Lynching a Threat to Internal Security: A Psycho-Socio-Legal Analysis
LLM Student at Rashtriya Raksha University, IndiaPages 484 - 503The ideological battles which were earlier restricted to intellectual debates have taken the form of ‘rhetoric trespass’ and have come down to the streets thereby, implanting the venoms of radicalisation into the minds of the populace. The occurrences of mob violence are spilling blood at a phenomenal pace and this calls for special legislation for ‘criminalisation of collective violence’ to preserve the plurality of the society. The history of collective violence in India illustrates that extremism has in the past led to the subjugation of the rule of law and the principles of democracy sabotaged by ochlocracy. The exodus of Jammu and Kashmir which was followed by genocide is a classic illustration of the evils of radicalisation which needs to be curtailed before the situation moves out of hand. At the heart of such anarchy lies intolerance, leading to ochlocracy in the form of lynching, vigilantism, etc. and the like. It's alarming to see that ochlocracy is fast becoming the new "normal" in the nation and the need for speedy justice and effective compensation mechanism for the victim becomes obligatory. The purpose of this article is to draw attention towards the menace of ochlocracy in general and vigilantism and lynching in particular; thereby providing a starting point for future empirical research on the subject. There are three prominent aspects to the paper. The concepts of ochlocracy will be discussed in the first section alongside lynching and many recent occurrences of political vigilantism. Secondly, it discusses in depth the psycho-legal and socio-legal aspects of collective violence. Lastly, it provides an insight into the current legal framework and recommends the need for special legislation to meet the ends of justice. -
Antitrust Laws in India & USA: A Comparative Analysis
Student at West Bengal National Law University of Juridical Sciences, IndiaPages 504 - 514Antitrust laws foster business competition by guaranteeing that economic power distribution stays stable and economies continue to grow. Antitrust laws significantly influence practically every industry and sector of business, most notably in manufacturing, transportation, distribution, and marketing. There are certain business behaviours that organisations must avoid if they want to flourish. Antitrust laws, for example, prohibit price-fixing schemes, mergers that limit competition, and predatory behaviour aimed at acquiring or retaining a monopoly. When firms like Reliance Industries, the Vedanta Group, and Bajaj Auto, Google were at the top of their market dominance, these operational flaws were abundantly visible. Antitrust laws become useless as a result of this overwhelming domination. The Competition Commission of India (CCI) adopted this rule in 2002 to counteract anti-competitive corporate practices, promote competition, and protect the interests of consumers. In India, competition policy is governed by the 2002 Competition Act. This article aims to analyse the concept, evolution, and anti-competitive practices under antitrust laws, recent case laws and do a comparative study of the legislation of the USA. -
A Study on Real-Time Governance Society with Special Reference to Andhra Pradesh
Associate Professor at Department of Commerce, Yogi Vemana University, Kadapa, Andhra Pradesh, India.Pages 515 - 533Andhra Pradesh is the pioneering state in launching the new service system of Real-Time Governance Society (RTGS) which measures the effectiveness of the services delivered. One of the major issues of governance in India is increasing inefficiency in the delivery of public services at the pace of rising expectations from the public. Implementing an effective system of good governance is only the way to increase the efficiency of service delivery with regard to the opportunities in both social and economic activities which ultimately helps to reduce the poverty. The emphasis, therefore, comes to the major factors in good governance viz, inefficient public service delivery, corruption, delay in services, random and skewed welfare distribution due to lack of proper information. The Andhra Pradesh government has taken a lead by creating a real-time dashboard that measures the effectiveness of the services delivered in the state. Real-time governance is an attempt by the government to improve the delivery of services in a responsible manner through data analytics, beneficiary feedback, project monitoring and process re-engineering of welfare provisions. Hence, the present study made an attempt to know the importance of Real-Time governance and to identify the perceptions of beneficiaries regarding RTGS. To analyze the impact of RTGS, both primary and secondary sources were used to gather the data. Primary data is collected through the primary sources of students, employees, farmers and women by using the structured questionnaire and the secondary data is gathered from Government reports on socio-economic surveys and websites concerned. -
Study of the Judiciary and Administration in Ancient India with Special Reference to Manusmriti and Arthashastra and its Relevance in Present Indian System
LLM student at CMR School of Legal Studies, Karnataka, India.Pages 534 - 542The judicial and administrative systems are not any new concept to India. It can be traced to the Vedic period. India has one of the oldest judicial systems in the world. A study of Smritis and Shastras of various authors such as Manu, Narada, Kautilya shows that India had well developed administrative and judicial systems in the world. Their works involve a detailed explanation of the duties and powers of the ruler, how a kingdom had to be run including the penal system, taxation, family, succession etc. The Vedas, Shastras, Smritis all are an important source of Hindu law and are a part of their philosophical explanation. Manusmriti by Manu and Arthashastra by Kautilya are some of the greatest works which have depicted the rules of functioning of states both in the administrative and judicial sphere. The study of these works will give us a clear picture of how efficient was governance in the ancient Indian era. The author will study the principles of both Manusmriti and Arthashastra and try to analyse how the administration and judiciary functioned in the ancient period. The research paper deals with the administration and judicial system in ancient India with reference to Manusmriti and Arthashastra. The paper will give a better understanding of the views of Manu and Kautilya regarding the functioning of a state. -
Is Free Legal Aid Available and Beneficial for the Targeted Community?
Student at VIT School of Law, Chennai, India.Pages 543 - 549Justice is the rationale behind any judgment. To achieve this result, citizens must raise their voices towards wrongdoing. The initial stage of accessing our judiciary involves various expenses and other proceedings such as lawyer fees, stamp duty, etc. Poor and deprived sections of society may not be able to run behind a case. Hiring a lawyer for a daily wage worker is beyond his dreams. He might not spend money or a day for a judiciary proceeding as he is trying to meet ends for livelihood. The option left for such people is to let go of justice and keep their stomachs filled. That's why our framers consider free legal aid a constitutional right. This concept of free legal aid shatters the distinction between rich and poor. It develops a sense of unity as anyone can now approach the judiciary without hesitation or inhibitions. Our Constitution's preamble pronounces that every citizen must be entitled to social, economic, and political justice. Express legal provisions must rectify any hindrance or barrier to this right. Article 39 A of the Indian Constitution instructs the state to ensure that the legal system provides justice through legal aid to every citizen who faces economic and other disabilities. Therefore, the Legal Service Authorities Act, 1987 defines and gives an in-depth understanding of the purpose of free legal aid. Any system of law will have loopholes as well as deficiencies in working. These deficiencies may be purposefully created, nor have they occurred while implementing provisions. The benefits of various legal aid schemes are reaped by people who deserve them. Still, at the same time, another section of deserving citizens is rejected when corrupted minds are dominant in society. Our paper aims to analyse whether poor and backward classes of the society identify their right and how beneficial that is for them. -
Guilty Until Proven Innocent! Analysis of Reverse Onus Under POCSO ACT
Student at School of Law, KIIT, Bhubaneshwar, India.Pages 550 - 556The golden thread of criminal law places the onus of proving the accused guilty beyond any reasonable doubt on the prosecution. The reverse onus clause jeopardises this golden rule and is said to infringe the accused's fundamental rights. While the legislature justifies its intent stating the reverse onus clause is brought into the picture after considering the 'gravity of the offence'; 'difficulties that will show up if the prosecution tries to prove the offence' and the 'gist of the offence committed'. It can be accepted that shifting the burden of proof onto the accused is a two-way sword. As on his head-the principal onus of proof is now on the accused, and if he is unsuccessful in proving the same beyond any reasonable doubt, he will be convicted. Consequently, only while keeping in mind the accused person's rights, the rules of natural justice, and other fundamental human rights can the reversal of the onus clause be undertaken. The legality of the reverse onus clause in POCSO cases has been answered ahead. -
Globalization or Indigenization: Emphasis on the Role of News Agencies
Student at Lady Shri Ram College For Women, IndiaPages 557 - 566In hindsight 2020, this globalized world, overtaken by a coronavirus, stands at the crossroads of indigenous trends and globalization. Globalization has an impact on the world’s indigenous communities and sustainable ways of life. A mild form of regionalization is arising wherein production is restricted to neighbouring countries. On the other hand, the world could split into competing blocs (one led by the U.S. and another by China) amid the trade wars where no one’s win is probable. Denying the assumption that humanity will benefit from consumerism culture while knowing that the consumer societies grow and prosper at the expense of other people and the environment, we are inclining towards indigenization. But, “we may be at a point where globalization is ending and where provincialism and nationalism are taking hold”, Ray Dalio, founder of the investment company Bridgewater Associates. News agencies and media cultures are one such agent of globalization which justify its sustenance and henceforth explored herewith. This paper aims to trace the parallel paths of globalization and indigenization. -
Impact of Covid 19 on Higher Education Institution and their preparation
Assistant Professor at Education Department, Baba Mastnath Univeristy, Rohtak, India.Pages 567 - 572Covid’19 Virus affected the whole world as we know. It has affected Educational Institutions too and millions of students were also affected because of the Pandemic which resulted in the change of mode of education from Offline Education to Online Education as it was required to reduce the disturbance and hindrance in the studies of the students. It also increased the participation of the international student in Indian Educational Institutions and it is believed that it will be adapted after the pandemic too. In the future, education will shift to a hybrid model and the digital divide will widen the quality gaps. Covie’19 pandemic has increased the focus on utilizing the e-learning tools platforms for higher education. As a result of this pandemic, the shortcomings of higher education have become apparent and a great emphasis needs to be placed on training the teachers in digital technology in order to adapt to the rapidly changing climate of education in the world and the preparations are required to tackle this situation and to come out of this situation. It is important for higher education institutions and universities to plan for a post-pandemic education and research strategy to improve student learning outcomes and standardize the quality of students. So this paper discusses the impact of Covid’19 on higher education institutions and their preparations. -
Censorship of Necessity Regulations: A Comparative Study (France, Egypt and Syria)
PhD student at the Faculty of Law, Department of Public Law, University of Aleppo, Syria.Pages 573 - 599The principle of separation of powers requires that legislation in principle be entrusted to the legislative authority (Parliament). However, the development of the role of the state and the complexity of its activities made the legislative authority unable to assume the power of legislation on its own, which imposed the necessity for the executive authority to share the task of legislation. The necessity of the executive authority assuming the authority to legislate the passage of the state under exceptional circumstances was confirmed, which inevitably imposes the intervention of the executive authority in order to confront the state of necessity that would threaten the entity, independence, and safety of its people and land. But granting the executive authority the power to legislate poses a great danger to the rights and freedoms of individuals, which requires the constitutional legislator to set limitations and restrictions on the power of the executive authority to legislate. The constitutional legislator has actually placed two types of restrictions on the executive authority in its practice of legislation. Such restrictions include objective restrictions that are mainly embodied in the availability of the state of necessity and which is the subject of all constitutional legislation in countries. Another type is formal restrictions that are the subject of disagreement among countries. In order to ensure the adherence of the executive authority to the restrictions set by the legislator, the executive authority, in the course of its legislative regulatory activity, was subjected to censorship by both Parliament and the judiciary. The countries in question varied in adopting this censorship. Here, it must be pointed out that Islamic jurisprudence was precedent of any man-made system in deciding the judicial censorship on the work of the administration. It also adopted in its application the best and most effective models of censorship patterns. What is meant by this is that the administrative justice system is independent of the ordinary judiciary, which is embodied in the judiciary of grievances that have been Later renamed as the Board of Grievances. -
Analysis of ‘Paternity Leave’ in India
Associate with the Legal and Regulation Team at Indian Institute for Human Settlements, India.Pages 600 - 612While some progressive Indian companies have taken the initiative to introduce paternity schemes for new fathers, or even at times, expecting fathers; these schemes are nonetheless few and far between. Apart from the obvious advantages of Paternity Leave such as a well-balanced household, it is also considered a method for organizations to bring about equality in the workspace. There are however several problems faced, with regard to the implementation of paternity leave provisions. These include instances where men refrain from availing such leave due to socio-cultural pressures. Several countries have amended their laws to ensure better compliance and efficacy of such provisions. At present, there exist several different models of paternity leave based on the peculiarities of each country and the objective behind the legislation. This paper explores certain material themes surrounding the introduction and implementation of a ‘Paternity Benefit’ scheme in India. Part I examines the prevailing features of paternity leave in India. It elucidates the need for a broader paternity leave scheme in India and, argues that the absence of such a provision reinforces traditional caregiving models and socially constructed gender norms leading to bias and discrimination towards both sexes. It analyses the effects of the scheme as an instrument to bridge workplace inequalities within the country and its function as a tool to enhance family and child development. Part II contrasts the existing domestic framework against accepted international standards; and undertakes a review of domestic legal norms of different jurisdictions. It further identifies three distinct models of paternity leave that have been adopted across the world. Part III analyses the concept in light of India’s unique socio-economic conditions, and identifies the most suitable model of paternity leave. The focus will be placed on the urban Indian population, working within the organized sector as the target beneficiaries of such a scheme. -
How Indian Judiciary Showed its Maturity & the Government its Immaturity in Imparting Environmental Justice?
Student at Symbiosis Law School, Pune, India.Pages 613 - 621In the current epoch, environmental justice is something that is quite debated upon and rightfully so, essentially due to the rampant exploitation of the environment and degradation of the same due to such exploitation. The very word environmental justice is something that has a plethora of facets to it but at the basic level, in the context of this paper, it is meant to be the rightful protection that essentially should be granted to the environment. In most of the states in general and India in particular, legal protection can be granted by either the Government through passing legislations or by the judiciary by setting out and bolstering clear legal principles within the ambit of the already existing legalities. This paper seeks to understand and analyze the respective roles that the Government of India and the Indian Judiciary has in imparting environmental justice to the citizens of the state. This is essentially done by analyzing particular landmark cases and delving deep into them in meticulous detail. In the end, it proves how the Indian Judiciary has been much more proactive and effective in imparting environmental justice to the common citizens of the nation. -
Adoption of Public Interest Litigation in Diverse Section
LL.M. student at Manipal University Jaipur, India.Pages 622 - 633Public interest litigation (PIL) is a term used in Indian law to describe legal action done to protect the public interest. It is a sort of lawsuit in which the court or any other private person, rather than the injured party, files a case in a court of law. A person who has been the victim of a violation of his or her rights is not necessary to appear in court in person. When a victim lacks the financial means to file a case, or when his right to go to court has been hindered or encroached upon, such situations can develop. On the behalf of this study, it’s concluded that Public interest litigation (PIL) has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. PIL, for example, provides underprivileged parts of society with a path to justice, provides a channel for enforcing diffused or collective rights, and helps civil society to not only raise awareness about human rights but also participate in government decision-making. The Indian PIL experience, on the other hand, demonstrates the importance of ensuring that PIL does not become a front for pursuing commercial interests, settling political scores, or gaining easy attention. -
Designing Supplementary Vocabulary Exercises to Enhance Vocabulary for 10th Graders
Lecturer at Faculty of Languages Education, Thai Nguyen University of Education, Vietnam.Pages 634 - 649It cannot be denied that vocabulary is considered to be the beginning of learning a language and determines the success of learners. For this reason, teaching and learning vocabulary need special attention from both teachers and learners. However, the design of vocabulary exercises in the English textbooks used in a school program in Viet Nam is little, which is a small part of the vocabulary designed in the Language section and a review exercise in Looking Back one. The study is aimed to evaluate the effectiveness of using supplementary vocabulary exercises to enhance vocabulary for 10th graders and collect students' feedback on the benefits and drawbacks of the supplementary vocabulary exercises. Thence solutions are proposed to enhance the effectiveness of the supplementary vocabulary exercises. The study was carried out using a quasi-experimental research design and survey. The study's participants were 41 students of which 20 students were selected randomly to the experimental group (using a set of supplementary vocabulary exercises) while 21 of them were assigned to the control group (non-using supplementary vocabulary exercises). While all 41 students were asked to participate in pre-tests and post-tests, only those in the experimental group responded to questions about the difficulties when using supplementary exercises and their desire to use them. Following the use of supplementary exercises, the finding reveals that the students' vocabulary was improved significantly after 15 weeks of the experiment. Furthermore, students' feedback on the use of supplementary exercises is generally active, and recommendations for using a set of supplementary exercises are offered in order to make the supplementary exercises more relevant and efficient. -
Evil of Honour Killing in India: A Socio-Legal Study
Assistant Professor at Department of Law, The University of Burdwan, IndiaPages 650 - 661The evil of Honour Killings is rampant in India. Although the Indian Judiciary has declared it as the rarest of rare crimes, the lacuna of not having a proper legislative framework is the biggest concern of society. It seems to be impossible to prevent this deep-rooted practice without adequate law and enforcement mechanisms. Prolong existence of patriarchal value system; feudal mindset and casteism in Indian society are the main reasons for such draconian practice. This paper has analytically examined the cases of honour killings in India and endeavour to find out the root causes of such unethical practices. Finally, some practical suggestions and recommendations have been prescribed by the author in order to prevent such gruesome practices. -
Positive and Negative Aspects of Mandatory Mediation
Student at KIIT School of Law, IndiaPages 662 - 665This article will discuss e the legal aspects of mandatory mediation in India and why it has become a necessity in the current society. It will also discuss some of the major benefits and drawbacks of mandatory mediation. Mandatory mediation is defined as a process where an independent mediator, who is not connected to any party of the dispute, is appointed by a court and makes formal requests to the parties to try and settle their dispute. The mandate order which usually includes conditions in case the disputes remain unresolved can be enforced by contempt proceedings against parties who do not comply with it. With the passage of time disputes started to arise in court cases, which were not only delaying the disposal of cases but also ultimately causing injustice to parties because of this delay. As a solution for this problem, the concept of mandatory mediation was included in the Code of Civil Procedure (CPC) Rules. One important point that must be noticed here is that, by giving them the power to prescribe rules under section 77(8), C.P.C. encourages the courts to adopt a process of "judicialization" of legal relations, which has been criticized heavily by advocates. The main reason behind introducing mandatory mediation is to reduce the number of litigations that take place in the court. Litigations are meant to find a solution but in many cases, they turn out to be more detrimental than helpful. Mandatory mediation helps in bringing disputes into a courtroom where parties can be openly heard, which is not possible when they are proceeding in private before the court. -
Right To Information Act, 2005: A Response to Privileged Class Deviance
LLM student at Chanakya National Law University, Patna, India.Pages 666 - 676In our digitalised world, information is the key to every lock and before such digitalisation era also, it was the key to numerous locks. Information empowers a person in ways more than one can imagine. It ensures one’s right to freely express and disseminate information as well as to put a check upon the public authorities by making them more responsible and accountable. This is why a constitutional guarantee has been accorded upon the right to information by our constitutional Courts by including the same within the purview of the fundamental right of freedom of speech and expression. The Parliament has also obliged such interpretation of this human right and enacted the Right to Information Act, 2005. The mere presence of guarantee of such fundamental right restraints, to a considerable extent, the public authorities from indulging in any deviance including corrupt practices. However, this guarantee has also not been made absolute and reasonable restrictions have been imposed for maintaining the public interest, security of the State as well as for effective working of the government. The researcher will discuss the abovementioned aspects, including the procedural aspects as well as the limitations of the Act in his research paper. -
Military Invasion of a Foreign State – An International Law Perspective
Advocate in IndiaPages 677 - 691From the dawn of time, it is apparent that several governments invaded other countries for several reasons, one of which was to extend their rich empire. An invasion is a military offensive in which a large number of combatants from one geopolitical entity enter territory owned by another with the goal of conquering, liberating, or re-establishing control or authority over the territory, forcing the partition of a country, changing or gaining concessions from the existing government, or forcing the partition of a country, or any combination of the foregoing. Invasion can start a war, be part of a wider conflict-resolution plan, or be a full-fledged war in and of itself. Invasion operations are often sophisticated in design and execution due to the huge size of the actions involved. Armed military intrusions almost always result in a variety of legal, normative, and regulatory violations. An effective legal framework limiting the behaviour of armed states and non-state actors should encompass international law. While Common Article 3 of the 1949 Geneva Conventions is certain to apply to the war, defining how and to what extent Additional Protocol II applies is more problematic, especially in light of the various armed groups operating in the nation. This article looks at how armed conflict interacts with international law, with an emphasis on the institutions that are evaluated in terms of their application of human rights legal frameworks, as well as their attempts to apply the appropriate legislation. -
IPR and Blockchain Technology
Student at IMS Unison University, Dehradun, India.Pages 692 - 699As novel technologies emerge, the law secures its ownership as an Intellectual Property (IP) resource. At the same time, the law must be flexible enough to accommodate these changes in order to gain further power. People are becoming more cognizant of their creative rights as a result of the rise in significance of Intellectual Property Rights (IPR). As emerging innovations arise and threats to intellectual property rights increase, the sector is seeing an increase in the demand for technologies to design effective safeguards for intellectual property rights. IP asset administration is as much of a headache as enforcing the rights to intellectual property. Present technology and a new look at current digital work are required to reinforce the entire IP regime. The system of Blockchain has emerged as a useful tool in maintaining various aspects of a business including storing of different data. Also, due to the increasing use of Blockchain technology in Bitcoin, people throughout the world are curious about the technology's prospective applications. Its advantages over competing technologies include a decentralised networking, secure information, and accountability. -
Analysis of International Trade Practice and WTO regime
LLM student at CHRIST (Deemed to be University), India.Pages 700 - 709The main purpose of this research paper is to look into the International trade practice with reference to the World Trade Organisation as a predecessor of the General Agreement on Tariff as WTO plays a major role in the transformation of trade. This paper contains the analytical issues related to international settlement undertaking which helps to understand the role played in preventing this trade issue. However, what government takes initiative for these related issues and what objectives are behind this. Regarding the developing countries what these countries are facing to balance that what measure those countries could take so that equality must be maintained and the contribution from the part of WTO for gaining in trade and to release from those obstacles. So, there is a pre-issue related to trade practice which is complex in nature and difficult to understand by countries, further with reviewed literature knowledge the research is well equipped in the area. -
Fading Impact of the ‘Rarest of Rare’ Doctrine: has the Baton passed to the ‘Public Opinion’ Approach?
Student at Jawaharlal Nehru University, New Delhi, India.Pages 710 - 726This article deals with two main aspects: the first deals with how rarest of the rare test, devised vis-à-vis the death penalty cases, was broken down into various factors and analysed whimsically. The second deals with what was the reasoning of the Court behind this whimsical engagement. Here the Court advanced the principles of ‘public opinion’ and ‘triple test’. The problem with these approaches is that it completely defeats the entire purpose of the rarest rare guideline. Bachan Singh restricted the death penalty to the rarest of rare cases. Bariyar further advised the judges to analyse a set of similar cases to be able to determine if the case being heard was rarest or rare. Gurvail Singh established certain crimes as particularly deserving of the death penalty. In Shankar Khade, the Court emphasised the need for evidence to guide death sentences. The addition or subtraction of various elements to the rarest of rare formulation ended up tempering with the very intent of Bachan Singh. The fact that in very few cases the original intent was preserved goes to show that the subjective interpretations of various judges go a long way in deciding the outcome of capital cases. At times the court added the triple test, society’s call for justice, public opinion or collective conscience to the mix; at other times it gave one priority over the other. There is no way of knowing which way the judicial coin will land. Heads one could live and tails one could die. The court believed that the rarest of rare guidelines would provide the necessary guidance for the exercise of judicial discretion in crimes of murder, thereby installing a guarantee against the death penalty from being arbitrary. However, the phenomenon of judicial discretion led to several innovations of their own, failing to keep arbitrariness at bay. Undoubtedly, the courts engaged in cherry-picking of facts apropos of crime and criminal. -
Impact of the Behavior of the Vegetable Seller on the Decision of the Choice of Retail Format for Customers (Residing around the South City Mall, Kolkata): An Empirical Analysis
Scholar at IIEST, Shibpur, Howrah, India.Pages 727 - 750The present study focuses on the influence of a vegetable seller’s behaviour on the choice of customer’s retail format. A pilot survey was conducted among 20 respondents. It was found that the consumers purchased vegetables from the local market, nearby local shops, cartmen coming in front of the home, supermarkets and from online. For this study, 179 responses were collected from residents staying within a 5km radius of South City Mall, Kolkata. This study shows that the behaviour of the vegetable seller plays a vital role in the choice of the retail format from where the respondent purchased the vegetables. -
Professional Ethics
Assistant Professor at Baba Mastnath University, Asthal Bohar Rohtak, IndiaPages 751 - 754This paper presents a glimpse of professional ethics. To maximize their wellbeing and happiness, it is important for them to understand their beliefs, values and morals, become familiar with the good and bad of them and practice them. Professional ethics are the guidelines that govern the behaviour of the person or the group in the business environment and teaching environment. Professional ethics provides us with the rules that how the person should act towards the persons or institutions in an environment. So this paper will analyze the professional ethics concept. Professional ethics are very important for the well being and they should be maintained so that a healthy environment can be created. -
A Sapient Approach to the Virtual Jurisdiction in India
Student at Guru Ghasidas Vishwavidyalaya, Bilaspur, India.Pages 755 - 762The invention of computers and computer networks has simplified life, and the internet has proven to be the icing on the cake. The use of the internet has transformed the world into a global village. Anyone, from wherever in the world, can now access internet resources in the blink of an eye. On the one hand, everything appears to be simple and straightforward, the other side of this online culture emphasizes the complexities and vulnerabilities associated with cybercrime. The paper focuses primarily on the question of determining the jurisdiction of Indian courts in internet cases. The article provides an overview of certain statutes that use case law to address the country's jurisdictional issues. The goals of international conventions, as well as India's participation, have been addressed further. Furthermore, the essay offers a few solutions for overcoming the issue of cyber jurisdictional ambiguity. -
Statutory Bail under Sec. 167(2) of the Criminal Procedure Code, 1973 vis-a-vis the Provisions of the NDPS Act, 1985: An Analysis
Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, India.Pages 763 - 770Section 51 of the NDPS Act, 1985 (hereinafter referred to as the Act) categorically lays down that the provisions of the Code of Criminal Procedure, 1973 (hereinafter referred to the Code) shall apply, insofar as they are not inconsistent with the provisions of the Act, to all warrants issued and arrests, searches & seizures made under the provisions of the Act. Further, in terms of s36C of the Act, the provisions of the Code including the provisions as to bail and bonds shall apply to the proceedings. Accordingly, the statutory bail, also commonly known as default bail, in terms of s167(2) of the Code is applicable to cases booked under the Act. -
A Critique on the Concept of One Person Companies, and its Relevance in Indian Entrepreneurship
Student at Symbiosis Law School, Hyderabad, India.Pages 771 - 791In approaching years, it doesn't appear like the one person company was ever originated as part of Indian corporate arrangement but is a global hybrid corporation thought that was initiated after entailment of the company act 2013 in India by the input of ‘Dr. JJ Irani committee report of 2005’ with a design of endorsing the structured corporation with minimal risk tolerance. Essentially, it serves as the convenience to that segment of the corporate world which often gets discounted. In this exploration expedition, the researcher attempted to critically appraise the fundamental understanding of OPCs together with its historical and jurisprudential view, reflecting its developmental journey throughout multiple lenses in which it cropped up as an asset in a few circumstances, but likewise had a prejudiced perspective on its own. It also undertakes to accommodate the OPCs' specific legal and statutory requirements that have an impact on the substantive implementation of the OPC idea in India. It moreover examines the advancement, necessity and influence of OPCs in India on entrepreneurship on numerous mounts, as well as by examining the two vital years: the initial dimensions in which OPCs were originally proposed in India (2014-2015), and the second, the prevailing era of 2021 as of August 31, 2021. It assimilates the latest modification of 2021 in companies (Incorporation) rules 2014 regarding OPCs in a renewed mindset simultaneously with the jolt of pandemic years. Ultimately, the researcher discusses the government's actions in relation to OPCs, along with alternative suggestions over how OPCs might overcome their shortcomings and attain their objective. -
Origin of Police System in India and the World
LL.M. Student at Symbiosis Law School Noida, India.Pages 792 - 806Since the Vedic era, the State's primary role has been to defend life and protect the people, despite the many shifts in government structure. Criminal justice and the internal security system's structure are intertwined with religious, ethical, and political institutions of all kinds. Since the police are responsible for protecting the public from the dangers of public accidents and criminal acts, the term "police" can be used to refer to them. Ancient, Medieval, British, Pre-Independence, Post-Independence, and Ancient times have all contributed to the development of police forces (320-1200 A.D). To say that the Indian police force was founded by the British is to misrepresent the country's history and the contributions of the people who lived and worked there throughout the colonial period. The East India Company was inspired by the Napier police to establish a uniform police force modelled after the Irish Constabulary. The British Indian Government established a police commission in 1860 following the first war of the uprising in 1857. Though the tasks of the police should be solely civil, not military, the organisation and discipline in which they perform their duties should be similar to those found in a military organisation, according to one of the Commission's guidelines. We have a police system based on this charter. With slight changes, the Police Act of 1861 established the essential foundations of police organisation in India. As a result, police departments at the state and local levels are distinct and have varying levels of resources and equipment. Despite their striking resemblance in organisational structure and operation, each state police force has its own purpose, vision, and history. In this paper we have tried to trace the history of police in India, theoretical perspective and evolution of the modern police system in the world to know how it will help in police reforms and community policing. -
Drug Abuse Youth in India: A Problem to be Tackled
Superintendent of Central Tax Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, India.Pages 807 - 815The youth form the backbone of the country and provide not only political leadership but also shape the future of the country as a whole. The youth, of late, has drifted from the mainstream and have started indulging in the illicit trafficking of drugs, illicit export of drugs and the youth lured by western influences have taken to consumption of drugs to greater heights without knowing the ill effects not only to them but also to their family, society and the nation as a whole. This article attempts to explore drug abuse and suggests remedial measures to be implemented. -
Corporate Governance through the Eyes of a Minority Shareholder
LLM Student at OP Jindal Global University, India.Pages 816 - 827Corporate governance regulations and norms are being widely transplanted into the laws of developing countries like India from developed countries. They are modified and implemented in the corporate law regime best suited to the Indian demographic. Over the years, we have seen the growing importance of corporate governance. It is much needed to incorporate a culture of consciousness, openness and transparency in the corporate world. Corporate law broadly performs two functions; firstly, it provides structure and secondly, it helps to control the conflicts between the constituencies. Concentrated shareholding is very common in India owing to a large number of promoter/ family-driven companies. In such circumstances, minority shareholders have little control of the operations of a company on account of which the interests of the minority are often overlooked. This paper will delve into the majority-minority problem prevalent in India and the ancillary issues, which arise on account of them. -
Analysis of Primary and Tertiary Sectors of the Economy Post-covid
Student at Guru Ghasidas Vishwavidyalaya, India.Pages 828 - 834The coronavirus pandemic has generated an unparalleled loss and disruptions all around the globe. From developed to developing, no nation has been immune from its impact. In this study, we have evaluated the effects of COVID‐19 on the economic system of India thus far. An assessment based on the available literature is done on all three sectors—primary, secondary and service sectors including the influence on migration, health, unemployment, job losses, informal economy, environment, and so forth. The entire sectors of the economy have been disproportionally affected including within a sector, there is a disproportion loss. The social repercussions are catastrophic also with lost jobs, mental issues, greater family abuse, and so forth. Some good benefits may be noticed in terms of better pollution levels, quality of water, wildlife but the durability of such influence is dependent on post‐COVID and everyone's lifestyle and future regulations connected to the environment. -
Role of Media Trials in Criminal Justice System: An Analysis
Student at University of Petroleum and Energy Studies, Dehradun, India.Pages 835 - 844“Trial by media” is a term that has only lately been developed to describe a part of ‘media activism.’ It refers to “the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt regardless of any verdict in a Court of law.” During high-profile cases, the media frequently create an ambience of public hysteria akin to a lynch mob, which not only makes a fair trial impossible but also means that, regardless of the trial’s outcome, the condemned is now held liable. The media playing the job of a foe and utilizing the masses as judges to lead their own preliminaries is the way a media preliminary comes to be. The media is frequently brutal to the psychological well-being of everyone involved, particularly the accused and victims. They intrude on their privacy, infringing on Article 21’s guarantee of the right to privacy. The purpose of this paper is to shed light on the constitutionality of media trials in today’s age of various judicial proceedings. -
Virtual Curfew in India: A Study of Socio-Economic Ramifications of Internet Shutdowns
Research Scholar at Jawaharlal Nehru University, New Delhi, India.Pages 845 - 857Article 19 of the Indian Constitution deals with the basic fundamental right of freedom of speech and expression, incorporated by the Constituent Assembly members after extensive debates and discussion in the Constituent Assembly. However, since the inception of information and communication technology via the medium of the internet, this basic fundamental right of freedom of speech and expression under Article 19 has changed drastically as the internet platform has taken over the arena of information by storm as the internet do not have any geographical limitations. Though, this right to freely access the internet has been repeatedly restricted during the pandemic too under the cloud of censorship and internet shutdown on the nebulous ground of public order and law issues; this, in turn, affects several individual rights at large. Apart from this, the internet shutdown also curtails an individual’s virtual social autonomy as one is unable to assert his/her financial and social concerns. It has also been reported by UNESCO that India has witnessed the highest number of internet shutdowns in the world. Based on doctrinal research and an analytical approach, this research work attempts to analyze how the policy of censorship and internet shutdown severely curtails the social, political, and financial rights of an individual. Some of the primary data used in this work are constitutional assembly debates, information technology acts, official orders, rules, newspapers reports, internet shutdown tracker network reports, etc. -
Domicile
Student at School of Law at Manav Rachna University, India.Pages 858 - 864In all the nations all around the world that follow the Common Law principle or tradition, the criterion employed to connect a person with a particular legal system in matters of personal status and succession is the criterion of Domicile. The term "Domicile" is a concept that comes under the ambit of conflict of laws or comes under the ambit of private international law. Domicile is a general legal concept, which describes the country in which you consider your ‘roots’ are or where you have your permanent home. Domicile plays a very important role in the conflict of laws as a connector. It plays a very significant role in taxation laws, matrimonial laws, and property laws and helps a lot if any contradictory situation arises. It calculates the capacity of the contracting parties to the contract under these areas of law. Domicile of origin is imperishable. Even if a domicile of choice is acquired by a person, the domicile of origin will always be there to fill in any gaps if at a later stage domicile of choice is abandoned by the individual. Every individual is born with the domicile of origin and stays for life (if only in abeyance). Hence understanding the concept of domicile is very important under private international law or as a matter of fact in every area of law. -
Anonymity in the Borderless Phenomenon: A Revisit to Regulatory Models of Cyberspace
LL.M. student at Chanakya National Law University, India.Pages 865 - 877Virtual space, commonly called cyberspace is often regarded as a borderless phenomenon- one which is limitless and boundless. Cyberspace, therefore, has often been compared with an unruly horse. In this world, there exist two separate worlds- one that exists in reality and the other that exists in virtual reality. Cyber World is a very novel phenomenon, emerging in the last two decades that has expanded its roots everywhere, crossing boundaries. No wonder it is said that in cyberspace, no one is the sovereign and everyone is the master. It is the other World where anonymity becomes a shield and a sword for users and it is for this reason that it cannot be left unfettered and there arises a need for regulating people’s behaviour in the Other World. Therefore, this research paper discusses the risks that cyberspace poses to the users and the need for regulatory frameworks. The paper discusses the various models of regulation of cyberspace and the researcher has proposed a multi-modal approach to the regulatory framework in line with the current requirements. -
From Gopalan to Golaknath: An Era of Amendments
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 878 - 881Black Law Dictionary defines Amendment as, “A formal revision or addition proposed or made to a statute, Constitution, pleading, order, or another instrument”. As per Parliamentary law, it means “a motion that changes another motion wording by striking out text, inserting or adding text, or substituting text”. The researcher in this research paper will mainly focus on A K Gopalan v. the State of Madras and I C Golaknath v. State of Punjab cases in reference to the changes it brought up in matters relating to amendments. -
A Critical Overview of Ordinance Making Power
Assistant Professor at Institute of Law, Nirma University, IndiaPages 882 - 891The Constitution of India empowers the executive to legislate in circumstances requiring immediate attention. This is done by granting the power to issue ordinances to the President of India and to the Governors of States. However, ordinances have often been used to subvert the legislative process. This paper seeks to take a critical overview of the nature, scope and extent of this exceptional power as devised by the Constitution, and to locate the loopholes that need to be addressed so that its misuse may be tackled. Further, it tries to answer what constitutes the misuse of this power, how governments at the Union and State level have contravened the limits of this power, and the role played by the judiciary to curb the transgressions against this power. -
Abusive Relationships and Domestic Violence in India
Assistant Professor at the Department of Laws Career Point University Hamirpur (HP), IndiaPages 892 - 907Violence against women is a serious problem in India. Intimate Partner violence is additionally known as Domestic Violence which occurs between people in an intimate relationship. Domestic violence can be of different structures, including emotional, sexual and physical abuse and threats of abuse. Domestic violence can occur in heterosexual or same-sex relationships. Abusive relationships always involve an imbalance of power and control. An abuser uses intimidating, hurtful words and behaviours to control his or her partner. In India, there is a common problems of abuse like elder abuse, family and domestic violence including child abuse, intimate partner abuse. It is a public general health problem, and practically all medical care experts will eventually assess or treat a patient who is a survivor of some type of domestic or family violence. Tragically, each type of family brutality brings forth interrelated types of violence. This "cycle of abuse" is frequently endured from uncovered kids into their grownup relationships and finally to the care of the elderly. Domestic violence includes a wide range of abuse, including economic, physical, sexual, emotional, and psychological, toward children, adults, and elders. In this paper, we have tried to explain and discuss abusive relationships and domestic violence in such relationships and the concepts related to it. -
A Critical Analysis of Immoral Traffic (Prevention) Act, 1956 with Special Reference to Criminal Amendment Act, 2013
Research Scholar at Faculty of law, University of Delhi, IndiaPages 908 - 918After drugs and arms, human trafficking constitutes the third- largest organized crime in the world. Though numbers cannot be ascertained, millions of people are trafficked globally. It is a phenomenon that no country can claim to be free from. India is highly affected by this menace. According to reports, India ranks highly in all three elements of trafficking- source, transit, and destination. Every year, millions of people are trafficked in India, both internationally and domestically. While the cross border is a concern for India but intra- country trafficking forms a bulk of victims. To deal with this menace, several laws were enacted by the government. Article 23 of the Constitution explicitly “prohibits traffic in human beings”, and imposes responsibility on the states to address the menace of trafficking and provide support to the victims. Despite Constitutional guarantees and a plethora of laws, trafficking continues to thrive in the country. The domestic law dealing with trafficking is not updated to effectively combat this modern slavery. Recently, the government invited suggestions for the “Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021”. However, this bill is yet to be brought into reality. This article attempts to evaluate the law that redresses human trafficking: The Immoral Traffic (Prevention) Act, 1956 with special reference to the Criminal Amendment Act, 2013, and further argues for a comprehensive law to deal with changing dimensions of trafficking in India. -
Victims of Depression Ending in Suicide and Restorative Justice
Research Scholar at Tamil Nadu Dr Ambedkar Law University, Chennai, India.Pages 919 - 928Duties owed to the Sovereign is one of the four duties envisaged by Austin and it is the duty of every Sovereign State or Welfare State to protect and promote the economical and social wellbeing of its subjects. Victims are persons who are harmed, injured or made to feel helpless in the face of ill fortune, and the criminal justice system in a Welfare State for its efficient administration must be cautious and careful in identifying a victim and redress his mishaps, which is the outcome or consequences of a crime inflicted on him. The World Health Organisation on its official website has reported that approximately 280 million people in the world suffer from depression and when it recurs, it may become a serious health problem and at worst lead to suicide. There is a large number of factors increasing the risks of suicidal thoughts and they may be child abuse, cyberbullying, sexual abuse, etc., and the WHO recognises victims of suicidal thoughts are a kind of mental disorder patients and they may be cured by the correct psychiatric treatment. Indian Penal Code in section 309, penalises a person who attempts to commit suicide, creating an obligation on the State to sue such persons blanketly. Whereas, section 115 of the Mental Healthcare Act, 2017 negates the penalising theory of section 309 of IPC with a presumptive clause that the persons who attempt to commit suicide will be presumed to be under severe depression until otherwise proved. Hence a study is very much necessitated in amending section 309 IPC to bring it in consonance with the Mental Healthcare Act, 2017 in the interest of the survivor victims of suicide who were proved to be in severe depression. -
Corporate Governance Regime in India: An Exigency for Reform
LL.M. Student at Jindal Global Law School, IndiaPages 929 - 939Economic liberalisation and globalisation of the Indian economy pushed the government and corporate world to embark on a reform process in order to meet the challenge of global changes. The Indian business world responded to global developments as well, drawing cues from the growing relevance of corporate governance as a fair and transparent framework for managing enterprises in the interests of long-term maximising of shareholder wealth and benefit to society as a whole. This article discusses the shortcomings of the current Corporate Governance Regime and the necessity of reforming it for better regulation. -
Freedom of Trade: A Comparative Study of the Law and Policy in India & USA
Member at District Consumer Disputes Redressal Commission, Patiala, India.Pages 940 - 956This Paper discusses the provisions pertaining to Freedom of Trade in India and United States. It embarks on a comparative analysis of the two regimes in the field of Freedom of Trade. A comparative approach to the law of different systems has several advantages. It may be advantageous to assist domestic legal systems facing hardship in identifying guiding principles or legal rules. There are apparent similarities between India and the US which make a comparison of their respective legal systems appropriate. However, there is no reason to suggest that the resemblance among these systems will enlighten one any less than the differences that exist among them. The paper concludes by highlighting the similarities that exist between the two jurisdictions and the lessons to be learned from the enforcement of the free trade clauses. -
Indian Constitutional Law on Judicial Review: A Critical Analysis
LL.M. student at Chanakya National Law University, Patna, India.Pages 957 - 965In democratic countries, the constitution is declared as the highest and superior law of the nation and is mentioned in the constitution to protect the rights of the citizen. All the another laws of the land derive authority from the Constitutional law. Law plays an important functions in the society. The concept of law changes time to time. Laws are enacted by legislature and implemented by the executives, and before implementation it is checked by judiciary through the using their power of judicial review. The validity of laws are to be checked according to the Constitution. That is why today many countries have proudly accepted the judicial review in the constitution of their nation. -
Seed and Nutritional Security: Shadows of Food Security
Research Scholar at Rajiv Gandhi National University of Law, Punjab, India.Pages 966 - 978The battle of ‘Right to Food’ symbolises various disjunctions in the Indian food security system. The system recognised utility, availability, stability, and accessibility of food as the four major pillars of food security. The said pillars are perplexed with the concept of nutritional and seed security. The hunger index reports on the food crisis highlight the loopholes in TPDS & agriculture sector. Several positive efforts, namely, the green revolution with modernised tools & biotechnology techniques and computerised TPDS, were made for inclusive development however, diminutive efforts have been made towards the modernization of the agriculture sector. It predominantly connotes that technology and agriculture are the pillars of the Indian food security system. To flourish a solid foundation for food security System, biotechnology has projected a positive contribution of Intellectual property in the agricultural sector. Further, WTO, CBD, IITPGRFA & UNDRIP affirm equitable benefit to genetic resources and traditional knowledge of farmers as their human right. Conclusively, enforcement of the provisions of the PPVFR Act, 2001and, the Patent Law for the protection of transgenic plant varieties (GM), seeds, and plants varieties would curb the existing unfair competition in the seed industry. The paper observes that the UPOV Convention and TRIPS certainly give primacy to industrial IPR over legal recognition to farmer’s rights & community rights; they simultaneously pose serious threats to the TPDS and the conservation of biological diversity nutrition in the modernized agricultural sector. The author aims to analyse whether the rationalized and structural reforms for the regulation of traditional knowledge, smallholders’ access to resources, and informal seed breeding systems would combat nutritional food insecurity. -
Right to Freedom of Religion and Legal Reforms on Secular Lines
Advocate at Commissioners Court, Gorakhpur (U.P), India.Pages 979 - 984Freedom of religion and secularism are topics of every day debate in the Indian society. The lack of clarity over these issues leads to an ill-informed opinion of the public at large. Religion being a very personal matter to individuals is often perceived with a sense of protection and therefore whenever a matter which touches upon religion is brought before any constitutional court of the country, the arguments and judgments go through the scanner of public opinion. In order to understand the judicial aspects of such a matter, one has to understand the socio-religious jurisprudence of India. Thus, this article tries to bring out the nuances of these issues and also highlights the approach of Indian courts on matters incidental to or directly linked to religion. -
Section 135 of the Companies Act, 2013 – Has it created a Difference?
Assistant Professor at School of Law Presidency University, India.Pages 985 - 999Aim - The current study compares the difference in the level of spending by the public sector companies in India in terms of what is mandated by the government under section 135 of the Companies Act, 2013 and the actual spending by these business houses. The study shows the progress in the spend on CSR after the same was mandated by Indian Government. The study aims to prove the same by data collected from annual reports of the sample companies. Discussion- The results of the T-test indicated that in the financial year 2014-15, the companies did not spend the requisite amount on CSR activities as mandated by section 135 of the Companies act. However, the results improved in the following years. -
Fight against Racism
Student at Gujarat National Law University, India.Pages 1000 - 1003This article talks about structural inequalities like racism which continues to haunt even today. It’s ironical because in today’s world we speak of equality and dignity and respect but at the same time we have institutionalised such inequalities. Further it talks about International Day for the Elimination of Racial Discrimination which was celebrated recently to underline the importance of fight against racism and how we can come together to make this world a better place. Some countries like South Africa and United states of America have seen major protests and impact of racism. It serves as a reminder that we have a moral obligation to tackle racism in all its forms and we should work together if we want to bring a change. -
Means – End Chain Analysis
Management Graduate from JIMS, Noida, IndiaPages 1004 - 1007Motivation of consumers is an essential drive which makes them take a specific action on the buying process. Though there are large number of theories available to assist marketers to manage consumers’ motivation, the Means-End-Chain Model goes a step further of linking product attributes with deep-routed consumer values through rational and emotional benefits from the selected attribute. In fact, this approach is more comprehensive as it aligns consumers’ buying actions with basic values and uses appeals to both heart and mind. -
The Reflection on Interplay of Judical Review and Rule of Law
LL.M. Student at National Law University Odisha, India.Pages 1008 - 1018A public body's choices, actions, and even inaction might be subject to judicial review if they violate the law. In the Upper Tribunal, it is a court procedure brought before the Administrative Court, a division of the High Court. As far as this guidance is concerned, all courts' fundamental facts of judicial review are identical. Central and municipal governments must follow the law while making decisions or acting. If they don't, then they've broken the rule. "The rule of law" refers to the body of law that governs the actions of government entities. Principles of public law guarantee that government entities carry out their legal obligations do not misuse their authority and operate in a manner that respects the human rights of the people they influence. Those harmed by an illegal act or decision by a government agency might take action in many ways. An effective constitution relies heavily on the "rule of law," which serves to restrain the government's efforts. When it comes to defining the rule of law, there is a lot of debate. Dicey saw that government officials had a lot of leeways when making decisions. A special administrative court was established to resolve disputes between government officials and private citizens. This was not a typical law case; instead, the administrative court created the applied law. -
Indian Legal Response to Acid Attacks On Women: A Critical Analysis
Ph.D. Research Scholar at Himachal Pradesh University, India.Pages 1019 - 1035Acid attacks on women have become a subject of much interest, and they are frequently seen as the most cruel and horrible type of violence performed on the weaker sex. It's the intentional and premeditated application of acid to another human being who has done nothing wrong. Easy access to acid, a male-dominated and male-dictating culture, hatred, spurned and loathed spouses, and so on are just a few examples. Acid attacks are on the rise, and like everything else, they're expanding and increasing. The perpetrators are unconcerned about the consequences of such menacing, ominous, and imminent attacks on innocent victims, and they fling acids at them, changing their faces, limbs, and other bodily parts. The laws have been harsher with the passage of 'The Criminal Law (Amendment) Act, 2013' and the Supreme Court of India's instructions. However, a study conducted in 2014 revealed a 300 percent rise in the overall number of recorded acid attacks. When it comes to dealing with such circumstances, our legal and medical institutions have likewise shown to be inadequate. The only way to end this evil is to take concrete steps. Otherwise, it will be too late, and innocent people will continue to suffer. This paper discusses the causes and effects of acid attacks and the legal provisions and judicial approach to curb acid attacks in India. -
Over the Top Platform’ Regulations: Is an Abuse of Fundamental Rights
PhD Student at Sharda University, School of Law, Greater Noida, IndiaPages 1036 - 1043It is critical to establish an optimal regulatory structure capable of balancing transportation and content on the online digital media needs. Unlike the traditional liberal establishment, offences related to Article 19 of the Indian Constitution are recognised as primarily active and appropriate restraints as a single limitation. Digital/online media will alter the landscape. The regulatory framework for content available on O.T.T. platforms has been discussed. The extent and applicability of regulatory measures are no longer determined by Indian courts. It would be unfair to have the Ministry of Electronics and Information Technology run the entire show. However, current regulatory mechanisms are not burdensome, particularly when applied to traditional media such as television and film. These rules must be initiated by courts and ministries to be successful. Consider whether the regulatory system's goal and the consistency of the law governing traditional media content are linked. -
Unfairly Prejudicial Evidence: No Law in Indian Jurisdiction
Student at National Law School of India University, Bangalore, India.Pages 1044 - 1050Being the root, Courts always use common law as a source to fulfill the gaps in the Indian Legal system. The same has been done in the case of unfairly prejudicial evidence against any accused. The courts are using the foreign tests to conclude the prejudice level of the evidence in the Indian system, completely ignoring the fact that the use of common law in the Indian system is itself prejudicial due to the presence of several differences in the same. The same has been highlighted in this paper taking into account the use of a balancing test to determine the probative values of evidence. Another pfenning test has also been analysed according to the Indian legal system, and a conclusion has been drawn on the suitability between these two tests. -
Arbitration and its Impact on the EoDB Index
Student at Jindal Global Law School, O.P. Jindal Global University, India.Pages 1051 - 1061As of 2020, India ranked 63 out of 190 nations in the ‘Doing Business’ Index and 163 under the ‘Enforcing Contracts’ Index; the low rank, inter alia, can being attributed to the judicial backlog along with the setbacks in the domain of arbitration. Since the enactment of the Arbitration and Conciliation Act in 1996, the realm of arbitration has gone through a plethora of changes and reforms. The amendments have attempted to expand the scope of arbitrable disputes, reduce judicial intervention and make arbitral proceedings more certain. This paper shall explore the implementation of the said reforms and assess their impact on India’s EoDB Index. -
A Socio-Legal Analysis on Acid Attacks In India
Student in IndiaPages 1062 - 1070Acid attack is one of the gravest infliction committed on human beings which has life-long catastrophic effects. A glimpse at the statistics proves that women are often targets of this brutal human right violation. India accounts for a lion’s share of acid attack cases reported globally. Prior to the Criminal Law Amendment Act of 2013, the penalty for offenders was minimal and there was no provision for adequate compensation for the survivors. Acid violence is now classified as a separate offence under the new Act, with provisions for stringent penalty and better compensation. The legal battle led by acid attack survivor Laxmi Agarwal can be described as historic, as she was successful in bringing regulations governing acid supply and ensuring proper compensation and rehabilitation for survivors. This article discusses in detail the nature and statistics of acid attacks, motives for acid attacks and its physical, social and economic impacts on the survivors and their families. Various judicial interventions and different existing laws in our country to curb this social evil is elaborately listed by citing recent amendments and case laws. There are numerous acid attack survivors who overcame the odds with grit and persistence. This article also includes three inspiring acid attack survivor stories. The article concludes with a few suggestions to address this burning issue including urging people to unite in efforts to wipe out this heinous crime from our society by supporting the survivors in their fight for justice and acceptance. -
An Analysis of Drug Legalization US
Student at Manipal University Jaipur, India.Pages 1071 - 10787 million individuals are addicted to illegal drugs, and one out of every four people dies as a result of their use. With 25.8 million people aged 12 and up consuming marijuana, it is the most extensively used illicit substance. More deaths, illnesses, and impairments are linked to drug usage than any other preventable health condition. Instead of boosting the drug supply, the War on Drugs should focus on diminishing it. To combat drug manufacture and trafficking from other countries, the government must scale up its efforts. In order to remove the cultivation, manufacture, distribution, and trafficking of illegal substances, nations must increase their cooperation. Many jurisdictions may become complacent in their hunt for alternative initiatives that actually work, secure in their illusory evidence basis. Requiring that publicly funded programs be evaluated and show improved outcomes would reduce the number of promising or evidence-based programs by more than 75%. In High Point, North Carolina, police and prosecutors developed a focused-deterrence strategy. An emphasis on specific drug markets where flagrant dealing leads to violence is an alternative. There is no reason to believe that routine drug-law enforcement may reduce violence. Increased enforcement pressure may make violence more beneficial to those most eager to use it. Focused deterrence is one strategy for achieving this goal. A Ceasefire-style campaign could help to tip the market toward a less violent market. U.S. drug-law enforcement could put the target group out of business by focusing attention on them. With the emphasis on might, the consequence might be a significant reduction in bloodshed. Drugs with higher risks of damage might only be offered for sale on licensed premises. Broadening the current research agenda could result in more intriguing science and more effective policies. -
A Shift from Pen-Paper to E-Gadgets: Legally Accepted or Not
Student at Mody University of science and technology (School of Law), Laxmangarh, Rajasthan, India.Pages 1079 - 1087Since the Covid-19 pandemic hit India and the country declared complete lockdown in March 2020. The conditions kept on worsening everywhere, be it health sector, economy, labour markets, education level or anything. Every sector suffered a lot. So, at that stage, work from home was introduced in India, when from government officials to private sectors, from IT companies to education, everyone got shifted to online and virtual modes. The employees, worked overtime because it was presumed that they are at homes. No proper facilities were provided to the employees. No one cared for their health, working hours, house-hold work and other personal works. There were no proper guidelines for work from home provided by the government neither do we have a proper legislature for the same nor it is mentioned anywhere, so every employer took work according to his own guidelines and manner which suited well to him. While the law makers have also experienced such type of change for the first time, so they also needed some time to examine and settle with such shift. Keeping faith and positive attitude, we can expect there to be enforcement in law, in relation to the issues arising from working from home. In this article it is inculcated the routes opted by government and recommendations given by International labour Organization on the complications faced by the employer and employees from this new norm of working. -
A Study on Analysis of Working Capital Management with Special Reference to Bhel, Visakhapatnam
Research Scholar at Andhra University, India.Pages 1088 - 1099This current study focuses on the working capital management of Bharat Heavy Electricals Limited (BHEL) leading company in the heavy electrical industry in India, which is located in Visakhapatnam. Working capital management has become one of the most important aspects of financial statements in any business entity, and the BHEL company follows rules and regulations to ensure future solvency and maintain a balance between current assets and liabilities. Working capital management plays a significant role in the better performance of manufacturing firms. Therefore, excess working capital causes no profit, and the shortage of working capital results in a low rate of return on investment and leads to bankruptcy this paper used to know how working capital influence the company performance, and determine how to set working capital ideally. To understand better how to manage working capital and to get how well working capital help business for smooth performance and productivity of activities, to identify the debtor, creditor, inventory, and working capital turnover ratios over the last five years, and finally to make recommendations and suggestions for better working capital management in BHEL. -
Understanding the conflict between MSME and Arbitration Act
LLM Student at Gujarat National Law University, India.Pages 1100 - 1108Since the MSMED Act and the Arbitration and Conciliation Act both talk about arbitration, there was bound to be a dispute between the provisions of the two Acts. The Arbitration Act is the primary statute for arbitration and arbitral proceedings, thus, it is inevitable that the MSMED Act relies on the procedural provisions of the Act. Nonetheless, the later Act also seeks to override the provisions of the Arbitration and Conciliation Act by giving certain special incentives to the MSMEs alone. One of the differences between the Acts is the difference in the mandatory pre-deposit percentage. Under the MSMED Act, when a dispute is filed, the pre-deposit is 75% while under the Arbitration and Conciliation Act; the pre-deposit is 100% of the amount in terms of the decree/order/award for entertaining an application for setting aside the Award. Like this, there are several other differences on the same issue in the two Acts. The major dispute is which of the two Acts prevail when there is the question of Micro, Small, and Medium Enterprises. The general rule is that specific laws prevail over general laws. However, the Arbitration and Conciliation Act, 1996, and the Micro, Small, and Medium Enterprises Development Act are special laws. Different High Courts have given different judgments on the issue. Some conclude that the MSMED Act will prevail over the Arbitration and Conciliation Act and some hold that the Arbitration Act will prevail over the MSMED Act. In the present paper, the author aims to further understand the conflict between the acts in the dissertation with the help of their respective legislation. -
Over-the-Top Regulation in India: A Dire Need of the Hour
Student at Symbiosis Law School, Hyderabad, IndiaPages 1109 - 1120With the advent of internet and digitization in today’s modern era, Over-the-top (OTT) audio and video service platforms have become a paramount part of our lives. Through this research article the researcher encapsulates the dire need of OTT regulation in India and the lack of OTT regulation in India has created a havoc in the media industry and if left unchecked shall be detrimental to the public morale and diversity in our country. Furthermore, for the purpose of this paper the author has taken the laws of Singapore as the yardstick of comparison with the Indian laws. Through this research article, the researchers will foreground the adverse and multifaceted pertaining to the unregulated functioning of this digital phenomenon followed by a perusal of the Singaporean Law pertaining to the OTT Platforms which is ipso facto a befitting prototype and yardstick for the nascent media laws pertaining to the OTT Platforms per se. At the cessation of the article the author posts a successful juxtapose of the Singaporean Law with regards to the Indian scenario conclusively elucidates verbose recommendations on the way forward to tailoring a resilient OTT Regulation Mechanism. -
Women Victims of Marriage: A Clarion Call for International Status of Marriage
Assistant Professor of Law at Department of Law/ Faculty of Law, University of Calcutta, Kolkata, India.Pages 1121 - 1138As observed by Swami Vivekananda, about one-half of mankind is suffering from prejudice, discrimination and oppression in a male dominated society. Thus, there are grave inequalities between nations and there are also serious inequalities within the nations and everywhere women are lacking in position, power and overrepresented amongst the poor. There is growing evidence showing that women tend to represent the highest proportion of claimants in family disputes. Family law is, therefore, a critical avenue for transforming women’s lives. This article unpacks subtle violations of women’s rights in the private domains of marriage and family. The family domain is a space in which women’s rights are violated. The central question revolved in the researcher’s mind is whether the Overseas Indian marriages cause any problem so far as it relates to rights of women in international scenario or how much do the Overseas Indian marriages protect the rights of women? Is there any legislation regarding Overseas Indian marriages and what is the international perspective? To get answer to this problem, this research is conducted. In this study, it will be shown why the legislation relating to Overseas Indian marriages in the 21st Century becomes an integral part of marriage institution and how it gains the attention of Sociologists and Law Reformers that rights of women should be protected throughout the World. It will make an analysis of the various statutory provisions pertaining to marriage institution under various personal laws. This would enable to make appropriate modifications in existing legal provisions, and in the absence of any such legal provisions, the urgent need for Statutory provision relating to Overseas Indian marriage and international status of marriage. -
The Principle of Legal Certainty for the Removal of Ex-Eigendom Verponding Land Right
Universitas 17 Agustus 1945 Surabaya, Indonesia.Pages 1139 - 1153The land categorized with former right of land usage (furthermore will be mentioned as Eigendom Verponding) is recorded as an asset of the Surabaya City Government in Registry Number 2381810. It has been decided by the Surabaya District Court in a Civil case Number : 625/pdt.G/2008/PN.Surabaya, dated July 28, 2009 as the object of the case. The decision was confirmed by the Judicial Review Decision of Supreme Court of the Republic of Indonesia or PK Decision Number : 409PK/Pdt/2017, dated 19 October 2017 which states that the public has the right to apply for Building Usage Right (or SHGB). GS Regulation No. 400/S/1991 is declared invalid and has no legal force as the basis for recording the asset. It shows tangible manifestation of the occurrence of conflict of norms between Article 2 of the Land Act and the provisions of Conversion of Act Number 1 of 2004 as well as its implementing regulations. Based on the legal aspects in the description of the background, the problems can be formulated, namely (1) the principle of legal certainty for the elimination of Surabaya City Government assets in the release of rights to state lands of the former eigendom verponding (2) Legal protection of holders of rights to former eigendom verponding state lands registered as assets of the City Government Surabaya. This dissertation uses normative legal research methods with statutory, case, historical, conceptual and philosophical approaches to analyze and find legal certainty in the norms for elimination of Government assets based on Act 1 of 2004, Government Regulation 27 of 2014, Domestic Affairs Ministry Regulation 19 of 2016, Surabaya Regional Regulation 14 of 2012 concerning Management of Regional Property. The findings of this dissertation, attributively the Surabaya City Government, do not carry out court decisions that have legal-binding fore with consideration of the Legal Opinion of the Prosecutor's Office. Based on the principle of preference as regulated in Act 12 of 2011, that Legal Opinion is not a statutory regulation, so that hierarchically, the Surabaya City Government does not carry out the General Principles of Good Governance and commits legal deviations resulting in no legal certainty and legal protection based on Law Number 30 of 2014 concerning Government Administration. Therefore, the function of regional legislatures, especially in controlling and supervising functions in relation to disputes concerning assets, should be able to provide recommendations and approvals for asset write-offs for the creation of General Principles of Good Governance in order to provide legal certainty and protection. -
Traditional Knowledge of the Musical Instruments used by the Mising (Miri) Tribe of Assam
Pursuing PhD from North Eastern Hill University, Shillong, India.Pages 1154 - 1163Assam in the north-east India has traditionally been home to diverse ethnic tribes dwelling in harmony enriched with heritage of culture, which contributed immensely to its musical gamut. Of which the Mising tribe have brought with themselves unique art forms, rich cultural heritage, diverse food habits, socio-religious rituals, customs and festivals. Traditionally this community have their own unique traditional folklores and music passed down orally from generation to generation through the beliefs and customs of ordinary people of this community. The number of musical instruments used by the Misings are not any less in numbers out of which Pempa, Ejug Tapung, Gunggang, Pi:li, Bu:bung are some woodwind instruments, whereas Dumdum, Lu:pi, Dentug, Marbang, Dendun, Dumpak are few beat instruments and with some lesser known instruments such as Kokter Toka, Mibuigosa, Deoghanta, Le:nong etc. All these sets of musical instruments represent various form of traditional songs accompanied with folk dance. These musical instruments are generally made of local materials such as bamboo, wood, few with metal brass, round gourd and animal skin. Most importantly, the tribe people use these traditional instruments in almost all the festivals like Ali aye ligang, Po-rag, Midang (marriage ceremony), Biu (Bihu) celebrations etc., for they are considered to be inseparable component of their rites. Therefore, this paper focus on the musical interest of the Mising tribe of Assam emphasizing the importance of these musical instruments to their culture. -
Against Democracy: A Case for Epistocracy
Student at Alliance University Bangalore, India.Pages 1164 - 1177‘Democracy’ is the most preferred and most practiced form of government around the world. It is thought to be the best form of government a state could have in which the grievances and calls of every individual is answered. But that is not the case in reality. There are a plethora of flaws in this form of government which are to be examined in this research with the help of lot of examples and accounts of real incidents. This is a high time to address this question whether democracy is the best way to live in a society as we have seen this system is failing and losing its former glory and popularity among the people in the recent times due to the rise of lot of demagogues around the world even in the best of the democracies. Thus this research is undertaken. The spine of the idea of this research is based on the teachings of Professor Jason Brennan of Georgetown University. Plethora of his works including The Ethics of Voting, Against Democracy is the core of this research. By envisaging power to everybody by the system of democracy we actually limited the power of the people at large which has led to an increase of demagogues in the system which has inhibited us from looking forward for long term sustainable development rather we focused on fulfilment of individual desires. This could be overcome by a relatively unpractised form of government, the Epistocracy. -
Emerging Trends in Law of Torts: An Overview
Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India.Pages 1178 - 1195During the early years of 14th century a simple procedure for administration of justice was adopted by the British King, there was no compartalisation of wrongs like crime, torts, breach of contract etc. Later on the existence of Tort in Britain came up into writs systems. This writ system was based on the latin maxim ‘Ubi remedium ibi jus” it means ‘where there was a writ there was remedy in other words’ where there was remedy there was right”. It must however, be stated in the initial stage the authority of the chancellor to issue write as confined only to a very limited number of wrong, notably injuries caused to person or property of the plaintiff were writ called ‘action of trespass’ was generally issued. In 1852, through common law procedure Act, the system of writs was modified and certain rights were given to the plaintiff under laws of Torts. Besides this a new maxim i.e. ‘Ubi Jus Ibi remedium’ came into the existence, which means where there is a right there is remedy. Thus anybody whose rights violated by others is entitled to get compensation. It is also mentioned that in early stage the number of tortious liability was very limited as well as very specified, but due to development of science and technology etc. and advent of hazardous industrial operations, adulteration, commercialization, consumerism, cyber technology, environmental degradation, new techniques of wrongs and ‘development of constitutional tort law, through expanding dimensions of Article 21 of the constitution have substantially contributed to the development of compensatory jurisprudence in the Indian Legal System. Consequently new wrongful acts have been included in torts and thus its dimension is becoming very wide day by day. -
The Rule of Law and the Contribution of Judiciary
Student at Maharishi Law School under Maharishi University of Information Technology, Noida, India.Pages 1196 - 1205I Quote: I feel that our constitutional republic's crown gem is an independent judiciary. The rule of law imposes on courts, the authority to deal with all other branches of government, including the legislature. This paper examines a variety of possible answers to the questions and considers the possibility that the supremacy of courts in a constitution could reflect a form of judicial supremacy that is remarkably similar to the uncontrolled rule of men, which is the goal of the rule of law. It is especially important for courts to recognize that their power is limited and that they should not be governed by any overall political agenda other than that of ensuring that constitutional restraints on government are upheld to prevent such a possibility. The phrase “Rule of Law,” which is believed to have originated from Latin Phrase La Legalite, signifies that government is built on rules of law and not on men. Democracy means a rule of law, rather than a rule of force and supremacy of the law, where no one, no matter who is the highest individual, is above the law., The word originated in Britain, but it gained prominence in ancient India in the form of the ‘Dharma,’ which was doing what one was supposed to do. This dharma was gradually replaced by religious texts and the priests., With the arrival of the Britishers and the codification of laws, religious scriptures lost their importance and were replaced by written laws, and the concept of the Rule of Law was formalized. The Rule of Law is a potent countermeasure to executive lawlessness and is woven into our Constitution like a golden thread. This doctrine is founded on the principle that anyone who has power is subject to limitations on the exercise of that power, which establishes unalterable supremacy of law. Dicey, a British jurist, believes that this doctrine rests on three pillars, namely supremacy of law, equality of law, and predominance of legal spirit. The dynamic nature of this doctrine gives it far-reaching protection from arbitrary and calculated actions of the executive, as was demonstrated in Indira Gandhi v. Raj Narain (1975) 2 S.C.C. 159 which upheld the 39th Constitutional Amendment that added paragraphs 4 and 5 to Article 329. -
On What Grounds can a State be held Responsible and Liable for Genocide?
Ph.D. Scholar cum Faculty of Law at National Law University Odisha, India.Pages 1206 - 1225The International Court of Justice (ICJ) gave a comprehensive meaning to the commitment to avert genocide, which is established in Article I of the Genocide Convention, in the Genocide case. According to the Court, this commitment is operational and Non-Preambular in comparison to the other responsibilities enshrined in the Convention. Furthermore, it would imply that nations have a responsibility to refrain from committing genocide. This latter conclusion is less than persuasive since it contradicts the Convention's historic roots and arises from an understanding that, rather than explaining the meaning of a treaty provision, it infers a new responsibility from it. According to the study, violations of the same primary norm do not establish criminal culpability of individuals or state liability for genocide under international law. The alternative perspective is neither supported by state practice nor international case law: although genocide can be committed irrespective of the presence of a state genocidal policy, the state's international accountability necessitates the presence of such a policy. There is also no need to demonstrate that the state as a whole, or one or several of its officials, had genocidal intentions in the criminal sense for the state's inter-national duty to develop. The Court's decision is founded on the idea that a state's global accountability for genocide implies the responsibility of an individual working on the state's behalf. This method is flawed because, in a criminal matter, the presumption of innocent empowers criminal courts to convince themselves that an individual committed a crime. The Court may have limited itself to interpreting Article 1's commitment to avoid and prosecute genocide as having an autonomous element and finding, as it did, that Serbia had breached both of them. It didn't have to embark on a design of the Convention that was significantly hampered by a misunderstanding of the distinction between genocide as an internationally unlawful act of state and genocide as a crime with individual criminal responsibility. -
Critical Analysis of Article 262 in Light of Major Water Disputes
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1226 - 1235Water is very crucial for all of us. In India, developing effective and equitable systems for sharing interstate river flows has long been a legal and constitutional challenge. These disputes pose a major challenge to the existing federal framework of the Constitution and hence we need to consider the issue of water of supreme importance. The Indian Constitution limits the authority of courts and sometimes the function of Parliament and the Union government, as defined by the Constitution and laws, was deemed to be ineffective in resolving inter-state disputes. The constraints of courts and tribunals in exercising jurisdiction, as well as the capacity of the central government to decide on the implementation of tribunal awards, make this area of centre-state interactions extremely complicated. The ability of states to use their legislative power to overturn tribunal or court decisions creates a constitutional concern because there is frequently a direct clash between state laws and tribunal orders. Article 262 of the Indian Constitution, as well as the provisions of the Inter-State Water Disputes Act, 1956, need to be reviewed and it is time that a new framework should be enacted to deal with the present-day problems of water sharing in India. -
Sentencing Issues and Trends in the Indian Judicial System
LLB (Hons) Student at School of Law Sandip University, Nashik, IndiaPages 1236 - 1245The spirit, rationale, and judgment of a country's sentencing policy are depicted in response to convicting the criminal. It aids in the reduction of crime rates through reprimanding, deterrent, incapacitating, restoring, or any other lawful method, and therefore establishes law and order in the society in question. For this reason, an accused is sentenced in a court of law. However, in India, the sentencing policy is based on the discretion of the judges, i.e., their decisions and judgments’. As a result, the system is inconsistent, and there is a constant variance in deciding the ideal and just 'penalty' for a certain offense. The Indian judicial trend of sentencing reflects a variety of factors associated with it. This article aims to examine major issues in Indian sentencing policy in light of judicial remarks and derive possible solutions to this looming problem that has plagued the Indian justice system for decades. -
Notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Mandatory Compliance and its Importance: An Analysis
Superintendent of Central Tax at Office of Pr. Chief Commissioner of CGST & CX (DZ), New Delhi, IndiaPages 1246 - 1270The officers of the departments/organizations mentioned in section 41(2)/42(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as ‘the Act’) are the empowered officers to issue a Notice under the provisions of section 50 the Act and is, generally, the starting point of the search proceedings under the Act. This section under the Act has come under the legal scrutiny by the Hon’ble Supreme Court over a period of time. In terms of the judgments of the Hon’ble Supreme Court, the statutory rights vested upon the person has to be explained, albeit in the language known to him, and any failure on the part of the empowered authorised officer to do so would vitiate the trial and also would be a point of contention before the Courts for grant of bail. Hence, its importance. -
Social and Economic Rights as Part of Rule of Law
LL.M. student at Chanakya National Law University, Patna, IndiaPages 1271 - 1290The social and economic rights are unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a conception of development in which economic growth was considered a necessary (and, by some, sufficient) condition for rights fulfilment, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. Yet today, under conditions of immense poverty, insecurity, and social distress, the rights to education, health care, housing, social security, food, water, and sanitation are increasingly at the top of the human rights agenda. Economic and social rights are now present in most of the world’s constitutions, most of the main human rights covenants, and are often given an explicit justiciable status. At the same time, as different legal traditions and regions embrace this shift, their highly integrated economies face a profound reckoning with economic justice. The future cannot be predicted; but neither can it be ignored. This project incorporates a detailed examination of constitutions, courts and international mechanisms of accountability of social and economic rights as part of rule of law. -
Indian Criminal Justice System and Crime against Woman: A Critical Analysis
Professor of Law at Department of Law and Governance, Central University of South Bihar, Gaya, India.Pages 1291 - 1305India is usually described as a country with a rapidly developing economy and advanced human development rankings. However, in India, there has been an increase in the reporting of crimes against women in the last ten years, which appears to contradict the first description. As a result, we have a problem understanding and explaining this. In India, the number of crimes committed against women is increasing rapidly. Any form of violence against women is a serious violation of Articles 14, 15, and 21 of the Indian Constitution, which safeguard women's human rights and fundamental rights. Despite of various safeguards in place to protect women's rights and dignity, women in India's patriarchal society are oppressed and victims of various forms of violence both inside and beyond the house. Police have recently reported a large number of cases. Some incidents have decreased in the last two or three years as a result of the lockdown, but others, such as domestic violence against women, have increased dramatically in the last year. The purpose of this paper is to provide a comprehensive review of what defines crime against women, the many categories of crimes committed against women as defined by the Indian Penal Code (IPC), and Special and Local Laws., and the evolution of various laws and legislations aimed at ensuring the safety and protection of women in India. The paper also discusses the various preventive actions that might be used in India to address this significant issue. -
Intellectual Property Rights in regards to Space Activities: Its Rights and Liabilities
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1306- 1319Copyright protection for satellite-telecom and distant detecting activities concerning satellite telecom, it is the European Union which assumes a significant part by establishing a climate were trans frontier broadcasts which won't be hampered by lawful liabilities. The European Union has recently received the last form of a Directive on planning copyrights and adjoining rights for link transmissions and satellite telecom in the Union. These guidelines will produce results in 1995. Insurance of long distant detecting information is a subject that was at first taken up by an investigation appointed by the European Center for Space Law (ECSL) in 1989, and was followed up by a joint the ECSL/ESA/European Commission study. Here, the primary issue was whether distant detecting information could be ensured under existing copyrights in the European States. The consequences of such examination showed unmistakably that current intellectual property laws didn't offer sufficient security and that extra activities were required. This paper focuses on the reasons on which stress is need to have an International IPR system to manage space issues: The immense measure of time and cash put to direct R&D in cutting edge space innovation with no insurance gave to the licensed innovation debilitate state and non-state substances to enjoy such activity. The joint efforts among state and non-state substances to create progressed space innovation or lead research in the field require the sharing of accessible data and innovation between the gatherings. Without administrative laws, it is hard to give fitting assurance to data and innovation traded from a gathering or an outsider. In the period of globalization, where the whole globe is interconnected with innovation, different substances are working together at a worldwide level to create space innovation or lead research. The shortfall of a worldwide administrative system will debilitate the security of the data and innovation of the members and public laws will be wasteful to determine the questions at a global level. When there are thoroughly characterized laws there is certainty among analysts, researchers, and substances that their licensed innovation created will get secured, they are urged to put more to additional the improvement in this field. -
A Critical Impact Analysis of Drug Abuse by the Juveniles of Indian Slums
Research Scholar at ICFAI Law School, ICFAI University, IndiaPages 1320 - 1329Drug Abuse is a social evil growing its poisonous roots amongst the youth and juveniles. A major portion of juvenile population resides in slum areas and beings easy victims owing to the social structure and vulnerable surrounding. This research paper aims to study the factors responsible for the drug abuse by the juveniles of the slums and the impact of such drug abuse. The paper describes how the juveniles of the slums who abuse drugs and psychotropic substances fall under vicious cycle of drug-crime to continue their drug addiction. The paper aims to study the scopes and techniques of breaking the drug-crime cycle through early intervention and if better scopes of rehabilitation and reformation could be provided to the juveniles of the slums with reference to the Juvenile Justice (Care and Protection) Act, 2015. -
Democracy and Simultaneous Elections
Student at National Law University Delhi, IndiaPages 1330 - 1333In India, the concept of simultaneous elections is not a new one. When elections were held for the Lok Sabha and state legislatures for the first time in 1951-52, it was a historic occasion. What are the chances of the terms of Parliament and state legislative assemblies being coordinated? Does that make it constitutionally admissible if the answer to that is yes? Then we aim to discuss its constitutional validity. Due to the increasing popularity of the Bharatiya Janata Party and its electoral successes in the early 1990s, simultaneous elections were reinstated. After a long hiatus, they have reappeared with remarkable vigour since 2014, coinciding with the emergence of Prime Minister Narendra Modi to national political prominence. It is often remarked that when elections are held at the same time, accountability is eroded since elected legislators are no longer held accountable to voters through mid-term elections. The purpose of this article is to discuss the ramifications of holding simultaneous elections in India, as well as the influence this will have on the country's democracy. -
Voter’s Right to Know the Antecedents of the Candidates
Assistant Professor at Institute of Law, Kurukshetra University Kurukshetra, India.Pages 1334 - 1345The Right to know is the part of fundamental legal right to empower the people while deciding to cast their votes in support of candidates in the election. The right to know helps them to elect right candidate and it is one of the fundamental principles of representative democracy. Unless you know the credentials of the candidates the Parliament is formed from unknown members and the government is formed accordingly. Small city states provide easier opportunities to voters to know the candidates but Indian voters do not have such easier opportunities. The right to know of the antecedents of the candidates as proscribed under Section 33A and 125 of the Representation of People Act, 1951. These are all the information which will explain the nature of candidates and the voters are given options to choose their candidates. The Supreme Court has given several decision that the voters have right to know. In the present paper the researcher will discuss the right to know the antecedents of the candidates in light of the Right to Information Act, 2005 and various judgments. -
Mcdonald’s Entry into India
Student at Sastra University, Tanjore, India.Pages 1346 - 1366McDonald’s is one of the largest food-chains across the globe and a leading brand in the fast food chain industry. The name has now entered almost every common Indian household in the world by establishing hundreds of outlets within a couple of years. The entry into India wasn’t easy for McDonald’s. It faced a lot of religious, political and cultural problems yet overcame all of them successfully. Despite of the fact that McDonald’s was renowned for its hamburgers, it became quite difficult for it to achieve the same status in India as they were made of beef or pork. Indians worship cows and treat them as holy animals, hence it was difficult to find a vegetarian alternative for their hamburgers and also to combat the religious constraints annexed to it. This paper deals with the problems faced by McDonald’s upon its entry into the Indian market and how it overcame them. -
Dose of Indemnity for the COVID-19 Vaccine Manufacturers and it’s Effectiveness in India
Student in India.Pages 1367 - 1373Amid the deadly chaos caused due to the Coronavirus, vaccines emerged as a boon for humanity. These vaccines have been produced at lightning speed. The leading vaccine manufacturers have been leading the vaccine industry, such as United States biotechnology company Moderna and German pharmaceutical company Pfizer. Further, the vaccines produced by these companies have been proven to be 95% effective in reducing the mortality rate due to Coronavirus. As the vaccines produced by these companies are in high demand, developed nations like the United States of America and the United Kingdom have granted indemnity to these companies from civil liability. In India, there are no such legal arrangements for vaccine manufacturers to escape criminal or civil liability. Thus, the purpose of this paper is to examine the viability of indemnity contracts with the vaccine manufacturers in India, considering that a similar demand for indemnity clause has been made by the Serum Institute of India, which has been producing vaccines for Coronavirus on a large scale in India. -
The ‘Status-quo’ of Private International Law in India for the Protection of Children from International Parental Abduction
Student at O.P. Jindal Global University, India.Pages 1374 - 1380This Research Article sheds light upon the background, features and execution of one of the landmark multilateral agreements for safeguarding the children from international parental abduction, i.e., the “Hague Convention on the Civil Aspects of International Child Abduction”. Furthermore, through the lens of this multilateral treaty, this Article focuses on examining India’s globally reproved decision of abstaining from ratifying this landmark treaty and, evaluates the contemporary position of India’s Judicial apparatus in dealing with instances of International Parental Abduction through case analysis, theorization, and evaluation from a holistic standpoint. -
Property and Right to Housing and Shelter
Alumni of National Law University Delhi, National Law School Bangalore, India.Pages 1381 - 1390Development-induced displacements, and the usurpation of land of small property holders, are contributing to property rights gradually becoming a central social justice issue. Ordinarily, property rights consisting of land are conceived without due consideration of socio-economic rights. But in practice, property has a material effect on the enjoyment of the wide range of these rights including right to food, health, work, development etc. Similarly, there is a link between land, and right to housing and shelter, as the security of latter directly depends on the tenure system of the former. Without access to land, many people and communities may be deprived of the housing and shelter. In developing countries like India, right to housing is important for the social inclusion of the most marginalised people in the society. Enforcement of housing rights would compel governments to respect legal obligation to ensure a life of dignity for all. This also implies fighting against forced evictions of which thousands of people are victims every year in India. In this paper author attempts to analyse this relationship between property rights and socio-economic rights; in particular right to housing and shelter. Author argues that the ideal of constitutional transformation demands that socio-economic goals should not be isolated from the transformative effect of the Constitution and the constitutional courts must work to reflect this effect. Property rights can not only coexist with socio-economic rights, but they also rest at the core of the social and economic justice. The first section- Introduces the debate on property rights and socio-economic rights in India; second section discusses changing conception on property rights; third section throws lights on the evolving jurisprudence on the right to housing and shelter in the context of forced evictions; fourth section looks at the possibilities of reinventing property rights post Forty-fourth Constitutional amendment and its implication for socio-economic rights. -
Cyber Illiteracy and Cyber Intrusions: With special reference to Schedule Tribe of North-East India
Research Scholar at ICFAI Law School, ICFAI University, India.Pages 1391 - 1398Cyber space is one of the most talked about and important area in this technological era. This technological advancement yields many benefits to the society as a whole but it also embedded with serious concerns Such as Cyber Intrusions and Digital Divide. Compromising a computer system by compromising its security or forcing it to enter an unsecure state is known as cyber intrusion. Another important facet is the digital divide that refers to the disparity between people who have access to contemporary information and communication technology and the rest of the persons who are left out of this access for instance Schedule caste and Schedule Tribes. The Growing cyber concerns in India especially in the north eastern states creates a vulnerable situation that need to be addressed properly and cyber illiteracy is one of the important lacunas that facilitates the growing cyber-crimes. Cyber literacy is a vital aspect that is necessary in this technological era especially in the north eastern states in order to combat with the emerging cyber issues. It is also an undeniable fact that the scheduled tribes owing to their economic disparity and educational backwardness, they are not much equipped with the modern technologies which in turn fostering the cyber intrusions. -
The Regulatory Foundation for Forest Sustainability in Cameroon: A Legal Appraisal
Ph.D in Law from the University of Bamenda, Cameroon.Pages 1399 - 1422The management of environmental resources in Cameroon particularly forest has a long history which could be traced prior to the colonial administration to present-day Cameroon. The development of policies to ensure sustainability of forest resources for the benefit of the present and future generations begun in pre-colonial Cameroon with the adoption and implementation forest use strategies supervised by traditional rulers (village chiefs) with the assistance of the village traditional councils. The chieftaincy institution set-up forest use policies which enabled the local communities to live in harmony with nature (the forest) for the benefit of everyone. During the colonial era in Cameroon, the colonial administration introduced a more formal system of forest use and management which sometimes resulted in tensions between indigenous local communities and the newly formalized administrative structures. Today, Cameroon’s forest use and management policies are motivated and influenced by local traditional customs, colonial policies, domestic legislations, as well as a plethora of international, regional and sub-regional legal instruments linked with environmental management of natural resources. This paper sets to examine the guiding legal framework for forest use and management in Cameroon. In order to realize this objective, data have been collected and analyzed using the doctrinal approach. -
Arbitration under UNCLOS: An Analysis of Arbitration in Law of the Sea
Student at Law College Dehradun, Faculty of Uttaranchal University, India.Pages 1423 - 1434In this article, the author will discuss a particular type of arbitration, i.e., “Arbitration in the Law of Sea Convention”, which is formally addressed as “U.N Convention on the Law of the Sea (UNCLOS)”. This convention was put into force in 1994 but was first adopted in 1982 at the Montego Bay. It is very evidently seen that UNCLOS is the source of most of the interstate Arbitration, as said by Brooks W. Daley (Deputy Secretary-General of the Permanent Court of Arbitration at the Hauge). The fact is not surprising as most of the world is covered by sea and the fact that a hundred and sixty-eight (168) states are party to the convention, as of the report published in November 2017 . When we talk about disputes in regard of the Law of the Sea, we usually think about maritime delimitations disagreements, but the ambit of the matter covered under UNCLOS is wide as it covers matters of fisheries, conservation of the maritime environment, shipping, piracy, pollution, in addition to maritime borders. The practical significance of the arbitration in this field is huge. For instance, a tribunal passing an arbitral award in the favour of a state in terms of entitlement to use the natural sea resources. Thus, arbitral awards passed in the matters of the law of the sea can have profound impacts on the communities concerned, the maritime environment, the maritime borders, etc. -
Substance Abuse
Student in IndiaPages 1435 - 1444Psychotropic substances were used throughout history for medicinal, ritual, and recreational purposes. Overuse may result in pathological consumption styles, mainly dependence and other forms of abuse which are hazardous. Substance abuse has become a major problem for society. Substance abuse crosses over ethnic, economic, and cultural lines. Addiction to legal drugs, illegal drugs and alcohol affects millions of people in India. The costs of addiction are economic, psychological, and physical, not only to the individual but to society as a whole. Substance abuse destroys individuals and their familial relationships. This research paper analyzes reason and cause of substance abuse with reference to the prevalence of drug abuse in India. It also talks about the impact of drug abuse on the society, families and on our healthcare system as well. This research paper also explains in detail the laws related to drug abuse in India. -
Impact of Corporate Governance on the Rising NPA’s In India
Student at KIIT School of Law, India.Pages 1445 - 1456Corporate governance norms seek to reduce the risk of corporate failures, scams and secure the interests of all stakeholders involved. The increasing economic problems resulting from banking failures and mismanagement has created the need to identify and understand the shortcomings of the current corporate governance regime. Mitigating economic risks and increasing bank profitability is crucial to ensure the smooth operation of economic machinery. It has been observed that the continued failure of Indian banks to adhere to established global norms has resulted in a severe breakdown of internal functioning which has adversely affected the profitability quotient of banks. This deficiency has forced the Indian regulator to come out with several measures to increase profitability to revive the sector by infusing capital. The regulator has identified several corporate governance shortcomings that have led to the piling up of bad loans and Non-performing assets. The outbreak of the novel coronavirus further impaired the already strained banking sector. This paper aims to explore the realm of banking sector keeping the NPA and Corporate Governance norms as its key variables. The author(s) point out the factors that involves in the uncontrollable rise in NPA in the Indian banking sector and make suggestions to areas that require improvements. -
Law relating to Non-performing Asset with special reference to Recovery of Non-performing Asset in banks
LLM student at REVA University, India.Pages 1457 - 1468Non-performing Asset is one of the biggest problem in India. It is a threat to the country and hinders the development of the country. Non-performing Asset is higher in banking sector. In recent years it has been increasing to a great extent, especially in the public sector banks. The increasing Non-performing Asset has its implications on profitability, liquidity of the banks. It will also affect the goodwill and public image of the banks. Non-performing Asset should be recovered as much as possible. There are certain ways to recover the Non-performing Asset under the various laws in India. This paper is to understand the laws that governs the Non-performing Asset and ways to recover it. This paper will also analyze the different modes of recovery adopted by the banks to recover Non-performing Asset and which is the more effective mode of recovery. -
Doctrine of Pious Obligation and Its Competent Authority upon Daughters
Student at School of Law, NMIMS, Hyderabad, India.Pages 1469 - 1480There are several components to family law, particularly when it comes to Hindu practises and traditions that are explicitly followed in Indian society. It has dealt with several aspects of life. Smritis Vedic descriptions, such as “Dharmasastra”, which are founded on historic institutions and practises, have been legalised as customary rules comprising both substantive and procedural frameworks, taken from the frameworks of famous Vedic people since time immemorial. The “Doctrine of Pious Obligation” holds sons responsible for their father's debts. Pious responsibility “refers to the moral obligation of sons to pay off or discharge their father's non-vayavaharik obligations”. In methods that have struck the discriminatory status quo in politics, culture, and the economy, feminist groups have questioned 'male-stream' thinking. The legal ramifications of those changes in the economic sector, notably in the domain of women's property rights, are the focus of this study. Such adjustments have not been simple, and they have resulted in debates that have called into question the basic foundations of feminism. Though feminist groups applaud the Hindu Succession Act's legislative posture on the notion of pious obligation, there is a gap in the intelligible differentiation of such intent, resulting in ambiguity when it comes to the legitimacy, which is why this research is conducted. Using non probability conveyance sampling with a sample size of 1573, it was discovered that “the exclusion of the doctrine of pious obligation under the Hindu Succession Act is legal”. According to the research, a unified civil code should be created for this purpose, and legal ambiguity should be resolved in its entirety. -
Critical Analysis of State Liability apropos Sovereign and Non-Sovereign Functions
Student at Symbiosis Law School Hyderabad, India.Pages 1481 - 1492A tort is a breach of duty amounting to a civil wrong. It arises from a person's obligation to others constituted by the law. The Constitution of India lays down that the State can sue or be sued. The Vicarious liability concept is derived from the law of torts. The concept of State liability provides relief to the citizen aggrieved in the State performing its functions. There was no concept of State liability in India before the Pre-British Era. The concept of State liability has evolved with the broadening of State functions. The research paper provides an insight on the basics of the Law of Torts and the State's Liability. The paper also brings to light the differences pertaining to the Sovereign and non-sovereign functions of the State, the evolution of State's Liability in India, and the Liability of State in other countries. -
When the battle is Lost and Won
Research Scholar at University of Lucknow, IndiaPages 1493 - 1511This article summarizes one of the oldest controversies prevailing on the face of this earth, the conflict between Israel and Palestinian Arabs. The writer has tried to trace the events from the 1800s to 2021 in light of History and International Laws. The article briefly describes some of the important events such as the persecution of Jews before and after the regime of Hitler, the immigration plan of the Zionists, the invasion of the Britishers and how the Britishers double-crossed the respective stakeholders, the geopolitics prevalent in the region of the Middle East, the collapse of The League of Nations, etc. This article further describes the significant role played by the United Nations over the years and how at times, they were able to maintain peace, and how, at times, they failed. The writer has tried her earnest efforts to write an unbiased account and introspect it under the microscope of law. -
Utopian or True?: The Theories of International Relations vis-a-vis Mahabharata with Special Reference to the Afghan Crisis
Student at KIIT School of Law, India.Pages 1512 - 1530The world we see today is shaped by various material as well as normative factors. Our culture, our values, our ethos, our common perspective- all of them shape the way in which we interact with each other in the society. Even in a global setting, the ways in which one nation interacts with another nation is largely determined by the established theories of International Relations. Speaking of history, India has a lustrous line ups of endless epics that act as a moral backbone for the people in their endeavors. One question that arises in this regard is that are these epics just stories with a strong moral background or are they relevant in today’s context as well? If so, then can they be used to solve the real life scenarios in a global setting? This paper analyses the same questions raised in light of one of the most celebrated epics in India- the Mahabharata. -
A Debate on Ethical and Moral Aspects Surrounding Capital Punishment
Student at Jindal Global Law School, India.Pages 1531 - 1541The death penalty has long been a common punishment in India, but the main difference between then and today is that it was better organised and carried out on time before. The Hon'ble Courts of India have the power to condemn a criminal to death under Sections 366 & 368 of the CrPC, but how justifiable is the punishment? The research paper attempts to analyse, in light of prominent judgments delivered by the Supreme Court, the issues surrounding the validity of Capital Punishment. The foremost of such issues being ‘Whether the capital punishment is morally and legally justifiable’. -
Criminal Justice System and Jury Trials in India
Student at O.P. Jindal Global University, India.Pages 1542 - 1547Indian investigation is woefully tatty, and even the most basic inquiries are frequently mishandled. Crime scenes are seldom protected, and the investigators are clueless on how to obtain evidence. The condition turns worse when it comes to the safety of women. The government is trying to reduce the incidents of rape. The maximum punishment for rape is also raised from life imprisonment to death penalty. Even so, the statistics of cases refuse to stoop down. The paper attempts to explore this area of crime and tries to look into the most neglected component in our judicial system, “the jury.” At the moment, the only surviving jury is in the Parsi matrimonial court. Most states, including Bihar and Uttar Pradesh, have moved on from the system. The question is why? The article aims to address precisely that -
Socio-Legal Study of Child Labour in Adilabad district of Telangana State: A study
Assistant Professor at Viswa Bharathi College of Law Hyderabad, India.Pages 1548 - 1560The present paper refers to analyze the socio-legal study of child labour in Adilabad district of Telangana State. Socio-economic characteristics and find out the problems of child labourers in Utnoor mandal of Adilabad district. The main objective of this study is to analyze the socio-legal characteristics of households and child labourers. "Child labour" is, generally speaking, work for children that harms them or exploits them in some way (physically, mentally, morally, or by blocking access to education). The survey was based on the child labour problems at their work, their education, awareness of labour laws and regulations and the causes for becoming as child worker. The method used for survey was interview method on random sampling in which each child worker was interviewed personally to get the related data. In the survey 798 child were taken as sample. Most (34.20%) of the respondents said the reason for not aware about the child labour laws and regulation because of ‘lack of parents education’ -
An ESG enhanced-Agile Corporate Governance Framework for Better Business Resilience amid Uncertainty
LLM student at UILS, Chandigarh University, India.Pages 1561 - 1568The novel coronavirus has wreaked havoc on the ecology on a never-before-seen scale. The situation has been unpredictable, with exposure to risk varying significantly across industries, countries, and operational methods. Complex supply networks and global travel have exacerbated these concerns. Organizations with an agile and transparent system have been able to reconfigure and realign during this period of uncertainty. This demonstrates the essential nature of ESG to a business's resiliency. It entails rethinking and redefining strategy and operational procedures to increase and maintain profitability. Integrating ESG considerations into a broader plan can help a firm improve its performance and competitiveness. As ESG integration becomes more prevalent in business, ESG elements will play a critical role in generating long-term value. Prioritizing stakeholders and creating long-term value is only possible when the entire organization is aligned with the ESG agenda. Additionally, one may note that an organization's road toward sustainability is a slow and pleasant process. Sustainable design to assist firms in managing the risks and opportunities associated with climate change is essential. This paradigm enables businesses to integrate ESG considerations into their strategy, operations, and value chain. Additionally, it helps firms to create comprehensive governance and risk management mechanisms. Organizations can benefit from both natural and intangible benefits associated with this approach, including brand positioning, long-term value-oriented business resilience, market differentiation, and operational efficiency. Organizations can establish systems and procedures to improve their entire value chain's environmental, social, and governance performance. The highest layer includes vision, mission, and goal planning, emphasizing rigorous governance for risk management and strategy development with appropriate targets and metrics. The second layer is implementation, which includes a detailed implementation roadmap and a list of activities associated with integrating the ESG strategy. The structure's bottom layer is measurement and communication, which focuses on effectively monitoring and conveying ESG performance to various stakeholders. Before the COVID-19 epidemic, ESG issues were frequently viewed as a trade-off between good impact and investment objectives. The epidemic has presented the financial sector with an opportunity to control risks, boost returns, and construct a robust economy capable of long-term value generation in the face of crises. ESG funds outperformed traditional indices throughout the pandemic, and ESG characteristics emerged as significant indications of resilience. -
Marital Rape – Is it Rape?
Student in India.Pages 1569 - 1572Women and men are the same human being with some different body structures and biological organs. This biological difference creates a great disparity towards women because of our patriarchal mindset and societal pressure. This disparity compelled women to become the vulnerable group in the society withholding physical and mental torture, domestic violence and victim of the most heinous crime rape. Our Indian Penal Code, 1860 penalize act against women through different sections. Almost every crime against women are penalized there in Indian Penal Code, 1860 except one of the brutal crime i.e., Marital rape which has no existence in our Criminal law system. Though in actuality it is widely pervasive in our Indian Society. The crime being not criminalized in our Indian legal system has become an opportunity for the offender. In our Indian society being married to man totally means the girl became woman who is an object or property for the man or to her husband. This article gives an overview of status of marital rape in our Indian society. -
Impact of Covid-19 Pandemic on Domestic Violence Cases in Jammu District, J&K (U.T)
Ph.D Research Scholar at Department of Law, University of Jammu, India.Pages 1573 - 1587Domestic violence affects people of all ages and backgrounds. It safeguards everyone who is at risk. This article, which focuses on one of these vulnerable groups, is about women and children. The escalation of 19 COVID cases in the United States has exacerbated the already awful situation of domestic violence victims. Quarantine had a negative impact on the company, the economy, and people’s mental health. In India, women’s violence has long been considered a severe issue. On the other side, the sickness has been discovered to exacerbate the precarious status of women in households. According to government statistics, 1-3 out of every 10 women aged 15 to 49 had been sexually abused. This is an egregious infringement of basic human rights. The goal of this research is to figure out what’s causing these severe repercussions, especially during an epidemic. Legislation pertaining to women’s rights has been explored. In addition, the impact was more precisely assessed, and a comparative study in other countries was carried out. The WHO study on the present topic also takes a comprehensive look at the issue. The paper also strives to recommend solutions to improve women’s lives in these difficult times. -
Women’s Inheritance Rights to Land and Property in South Asia – A Comparative analysis of Afghanistan, Bangladesh, India, Nepal, Pakistan, and Sri Lanka
Student at Jindal Global Law School, IndiaPages 1588 - 1602The rights and remedies available to women all over the world and in all spheres of life have always been unequal and deprived them of their basic needs and wants – since hundreds of years. One such sphere is inheritance of property for women as compared to their male counterparts as these finances play a major role in shaping the lives of the receiver of ingerited property. For the purpose of such evaluation – this paper focuses on emphasis on women inheritance rights in South Asia. A comparative analysis is conducted for six South Asian countries, namely, Afghanistan, Bangladesh, India, Nepal, Pakistan and Sri Lanka. Taking into account the social, political and economic standing of these nations and statutory as well as customary provisions that governs the matters of inheritance in these countries, this paper critically evaluates the status of women and the rights and remedies available to them. It claims that even where certain rights are bestowed upon women, the implementation still continues to be a major task. This paper gauges the degree of social and legal barriers women will have to overcome in order to claim equal shares in matters of land and property -
Critical Analysis of Marz-ul-Maut
Student at Tamil Nadu National Law University, India.Pages 1603 - 1614In the religion of Muslim, each and every aspect of the life, to the miniscule detail is listed in their own personal laws i.e., Muslim Personal Law (Shariat) Application Act, 1937. One such thing is “Marz-ul-maut” which simply means gift in death bed. Here, when a person has reasonable apprehension of death, he is allowed to gift his property (to an extent) to a person. Death bed gifts are recognised under most of the personal laws, but they differ due to the circumstances and facts in each case. Marz-ul-maut gift, derives its nature from both “Hiba” (law of gifts) and the law of wills. Due to this, it is not exactly a gift nor a legacy, it is a hybrid of the both will and gifts. Marz-ul-maut differs in various sects, like the Malikis regard it as void and the Hanafis and the Shias hold it to be good till an extent of 1/3rd of the property. -
DNA Database: Palliating the Road of Criminal Justice
Advocate at Bombay High Court, India.Pages 1615 - 1626The newborn right to privacy is a love-child of the judiciary and the fundament rights created midst the need to protect individual identity. However, like any other fundamental right, it is not immune to the reasonable restrictions that are capable of being imposed by the State . With an alarming increase in the rate of crime and obsolete methods of investigation adopted by the investigating agencies, there is a strong need to reform the law that assists the courts in administration of justice in a scientific manner. Through this paper, the researcher analyses the scope of right to privacy vis a vis the obligation of a state to create a DNA Database to aid the investigating agencies and the prosecutorial agencies in securing convictions by palliating the road of criminal justice. Furthermore the researcher seeks to analyse the legislations passed by a democratic developed nations, namely- the USA, in the field of creating a DNA database. -
Special Marriage Act & Anti Conversion Laws of India
Student at NMIMS, School of Law, Hyderabad, India.Pages 1627 - 1638There are a vast number of religious differences and problems for a nation that prides itself on being secular and tolerant. This paper examines interfaith marriages in India. Though interfaith marriages are a relatively limited proportion of all marriages in India, it involves many individuals when we consider the sheer population of India. Being an interfaith couple in India is getting more difficult by the day, apart from the social pressure that wells up, couples also face difficulties posed to them by complex and rigid laws. These problems make it increasingly difficult for our secular country to be truly harmonious. This paper takes a close look at how individuals who practice different religions tend to get married, while also focusing on the problems and roadblocks they face. In this paper, we study how there are multiple ways in which interfaith couples can get married, first of all, through The Special Marriage Act. We then look at how interfaith marriage is solemnized under the Special Marriage Act and also highlight that when married through The Special Marriage Act, couples face different difficulties and obstacles, and thus prefer to opt for the other ways to solemnize a marriage. The other fairly easy way requires the conversion of one of the parties to the marriage, and post-conversion, the marriage is solemnized under the personal laws of the couple. This paper then comes across laws that have just been introduced, which put additional checks or barriers in the couple's way. -
Community Experiences of Transgender: The Harsh Reality
PhD Scholar at Department of Sociology, Assam Central University, India.Pages 1639 - 1650This paper aims to explore the various troublesome experiences of transgenders with their neighbours, professional colleagues, and others in the community and attempts to know how the transgender identity is stabilized in their personality. The term ‘transgender' in the study refers to ‘hijra’ in the Indian society. The present study is an empirical study in which community experiences of transgenders were extracted by using an interview schedule. Due to the COVID-19 pandemic, many transgender people have left the city for some unknown places. Therefore, a snowball 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 people face discrimination even in healthcare settings due to lack of healthcare providers’ sensitivity towards transgenders. Most employers deny employment for even skilled and qualified transgender people due to their gender nonconformity, impelling them to engage in traditional transgender occupations such as ‘begging’ and ‘badhai’ with a lot of challenges. The impact of sex-specific identity documents has profound implications as to whether or not transgender will be able to lead a self-actualized life. The majority of transgenders avoided going to government offices due to fear of being subjected to physical or verbal abuse. They are refused by landlords to rent a room in the heart of the city area or asked to pay an exorbitant room rent to discourage them from taking the room. The greatest perpetrators of violence against transgender people are the police who abused them verbally, physically, and sexually. Most transgender people remain unmarried due to the non-recognition of transgressive relationships beyond heteronormativity. The transgender community has been distinctively impacted by the COVID-19 pandemic in a variety of ways. Many of them were bound to live a low standard of life due to their reduced level of income and pressurized by landlords to vacate the room. The findings help to make people aware of transgender issues and provide better knowledge for framing norms to make society inclusive for transgender people. -
Exhaustion of Rights and Parallel Importation in Trademarked Products
Registered Advocated At The Bar Council Of Delhi, India.Pages 1651 - 1672Intellectual property and competition law constitute two such fields that maintain interdependent yet conflicting roles. As is known, intellectual property rights protect artistic creativity, scientific progress, investment in business industry and in general, information and ideas worth of commercial exploitation by granting exclusive rights to their owners so that they can enjoy the fruits of their labour. Intellectual property rights, such as patents, trademarks or copyrights, are typically defined in terms of rights granted to holder to prevent others from making use of it. Therefore, intellectual property rights are also termed as negative rights. This leads to arising of many questions such as; (1) whether the exclusive right granted to an intellectual property right owner is absolute or it can be qualified by any limitation? (2) When can it be said that the intellectual property owner has exhausted his rights over that property? (3) What kind of protection is available to intellectual property owner when an intellectual property is resold? (4) What are the laws that govern such resale of property and what are the problems that the IP owner faces while exercising his rights and how these laws come in conflict with his rights? (5) How member states twist the laws in favour of the masses in general and the issues thereof? The purpose of this paper is to answer the above questions and understand the concepts of exhaustion of rights and parallel importation and their application to trademarked products in the European Union with the help of case law analysis. -
Forest Fire: Disbalancing the Wildlife
Student at KIIT School of Law, KIIT-DU, Bhubaneswar, IndiaPages 1673 - 1678The article basically focuses on the wildland fires and its consequences, which is very much devastating. Firstly, it draws attention to the naturally causing fires in the forest. Secondly, its emphasis that human ignorance and extreme activities relating to industrialization, manufacture of factories, houses can also have giant effect on the natures cushion cover, by paying heavy prices of life of the animals, birds, insects living there. Thirdly, forest fires can have reverse impact on the climatic change that can cause global warming to its highest peak and melting of glaciers, can ruin down every living creature on earth. Overall, the article shows how wildland fires are dangerous to both man and animals, also in the process of degrading the natural structure of the earth. Many law enforcements have been recognized in order to control the man-made activities and also to pay attention to the forest-cover from getting burned. -
Impact of Second Hand Clothing Waste in Ghana
Student at KIIT School of Law, KIIT-DU, Bhubaneswar, IndiaPages 1679 - 1683Fast-fashion is a clothing designs that are cheap, trendy and quick. Fast-fashion industry has expanded rapidly over the years and generated thousands of jobs for the people of Ghana but it has also turned Ghana into a toxic landfill where the journey of world’s unwanted clothing ends. The 40 percent of the second hand clothing from the western world arriving in Ghana are unacceptable and results in complete waste. The accumulated textile waste washes into the ocean bed and chokes the aquatic life creating enormous environmental impact. The people of Ghana are enforced to live such waste which is turning their life miserable. This paper deals with impact of second hand clothing waste in Ghana. The paper will highlight the issue of waste accumulation in the city of Accra, the capital of Ghana and the second the hand clothing market which gives employment to the many Ghanaians for their livelihood. This paper also highlights the issue of environmental disaster it has due to the world’s unwanted clothing culture. It also highlights the effect it has on human beings in terms of child labour and forced labour. This paper altogether focuses on the issue of exploitation of human beings and environment due to the second hand clothing culture. -
The Evolution of Sexual Orientation Discrimination Laws
Student at Lovely Professional University, IndiaPages 1684 - 1699In recent times, a person’s sexual orientation has come to be closely associated with the person’s identity. With an increase in awareness among the people and an increase in their sense of empathy, the people have developed a more understanding attitude towards the different sexual orientations. As a result of this increased understanding, the laws related to the same have evolved. The people from the LGBTQI+ have faced a lot of discrimination in the past and have had to go through many revolutions to get the rights that they have now. This research paper aims to understand the different laws related to sexual orientation that are present in the USA and India and make an in-depth comparison between the two. This research paper will look into the history of the sexual orientation laws in the USA and India. The paper will also give a detailed description of how the laws in these two countries evolved and where they stand in the current situation. The laws in the USA have developed at a much faster pace than those of India. There are many factors for this, the major ones being the difference in development and cultural differences. These laws have evolved gradually, but a lack of proper awareness slows down this process. -
Shruti Vohra Vs. Securities and Exchange Board of India Prohibition or Promotion of Insider Trading
Research Scholar at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, India.Pages 1700 - 1706Insider trading is a practice which involves trading in securities of a company by any person who is or can be reasonably be believed to have unpublished price sensitive information (hereinafter referred to as “UPSI”). UPSI is unpublished information related to a company which, if it were to become public, would have the likelihood of affecting the price of securities of that company. This practice if illegal under Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the SEBI Act). The SEBI Act along with the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (hereinafter referred to as “PIT regulations”) regulate the various aspects of this practice. The objective of PIT regulations is to protect the innocent investors who maybe at a less advantageous position compared to those persons who have access to information which, if known to the public, would affect the prices of securities. In order to determine the liability of a person under this practice, many questions need to be answered such as, whether he or she is an insider? whether the information in question is UPSI? And so on. The regulations have been drafted with explanatory notes at every stage in order to make the interpretation of each of these terms clear. However, in the case of Shruti Vohra Vs. SEBI , a crucial question arose before the Securities Appellate Tribunal viz Whether forwarding of financial results of a company immediately after they have been prepared and before they have been formally released by the company, amounts to sharing UPSI? While the tribunal answered this question in negative, this case comment is an attempt to highlight a few aspects that it had failed to appreciate. -
MGNREGA: Failure or Success for Migrants during Lockdown
LL.M Student at National Law University, Delhi, IndiaPages 1707 - 1718Today, India is leading towards a phase where we are witnessing diminution in the number of new covid cases every day. This has come after the deadly first two waves of the pandemic in the year 2020 and 2021. But these two waves have brought irreversible changes in the lives of the many people and especially the migrants. The world community is apprehending the fourth wave of covid and that too with a new variant. This compels us to relook at those situations which we faced in the starting of the covid and the plight which the migrants had to suffer due to the lockdown, as one can never say that when can India again witness partial or complete lockdown, as the cases are, once again, rising and we are at the verge of the fourth wave. We must keep in mind the effect of drastic step of lockdown on social security schemes and this can be done by critically analysing that how this scheme was affected in the past, as it is said that History is the best teacher for future lessons. During Covid -19 pandemic, the country faced a nationwide lockdown in the year 2020. Everything came to a halt, and people and were thrown into uncertainties regarding their job security. People working in the unorganized sector were most affected by this pandemic. This led to the battle for survival for themselves and their dependents. This, unfortunately, gave rise to a country-wide migration of laborers and workers to their hometowns and villages. Few of them resorted to agriculture for their survival, but some, who were probably landless and due to other factors, resorted to MGNREGA. Now the question is that up to what extent has this Scheme proved itself? Did it manage to employ migrants? Or Did it fail as a scheme to support the group of the population dependent on it? This article will try to answer these questions, w.r.t migrants of Haryana who worked in unorganised sector to determine whether such kinds of beneficial schemes actually work at the ground level at the time of need or do they fail altogether in those times. The paper will try to find out that whether the dependency on MGNREGA of migrants of Haryana increased during the lockdown. -
How Technology and Blockchain are Changing the World of Taxation
Student in India.Pages 1719 - 1725In this taxation world, many aspects of the digital revolution are still welcoming. These can give rise to considerable benefits now. Blockchain technology has emerged as a solution in case of indirect taxes also. This technology can transform the tax regime and can contribute majorly to digital India. Transparency of the system will remove all the loopholes from the system and tax evasion will also become impossible which will ultimately lead to a reduction in frauds and a tampered proof system. The concept of digital taxes, a new type of tax such as value-added tax (VAT), income tax, e-commerce tax, and stamp tax has emerged. The drastic change in digital tax compliance and digital governance has led to an evolving role for the stakeholders involved, such as businesses, the government, and tax consultants. This paper examines how technology and blockchain are changing the world of taxation. -
One Nation One Election in India – A Contemporary Need vis-a- vis a Matter of Mere Discussion
Principal at Shri Vaishnav Institute of Law, Indore, M.P., India.Pages 1726 - 1736The election process is the main identity of any democratic country, it gives a vibrant form to democracy and also ensures its participation in the progress of the country. Our country India is such a democratic country, in which the process of elections goes on almost every year, in which elections are held every time at some place and development works are hampered due to the code of conduct. One Nation One Election is a measure that can save India from being on election mode throughout the year. It can provide a new structure to the Indian election process. Through this process, there is a concept to hold the elections to the Lok Sabha and the Legislative Assemblies simultaneously. In 1999, the Law Commission, in its 170th report, favored simultaneous elections to the Lok Sabha and assemblies. After this, in December 2015, the Law Commission presented a report on the topic 'One Nation, One Election'. It was told that if elections to Lok Sabha and Vidhan Sabha are held simultaneously in the country, then crores of rupees can be saved. Keeping these things in mind, it was recommended that simultaneous elections should be held in the country. Through this paper, the author analysis the concept of One Nation One Election in India. -
The Rise in Cybercrimes: A Major Threat to Human Race
Student at Manipal University Jaipur, India.Pages 1737 - 1744The man deserves all the credit for receiving god's gift, with both his hands, which endows human beings with the capability of using the brain efficiently. By this only advent of technology was possible with making communications faster underlying purpose behind it. But this purpose appears to have been overshadowed by the negative aspect of technology i.e. cybercrimes as per the recent trends which show an upsurge in the commission of crime rate over cyberspace. In stark contrast to the times when there were very few Cybercrimes committed we are witnessing a situation wherein every year cybercrimes are crossing their previous tally. With almost no fear in the mind of getting caught criminals are carrying out these activities backed by their ill intentions. The world of the internet facilitates cyber crimes in two ways firstly its being borderless makes people of several countries prone to cyber-attack and secondly when it provides the offender with the luxury of committing a crime just by sitting in his room which makes it difficult on part of authorities to get hold of the culprit. This horrendous increase in cybercrimes poses a threat to the entire human race and immediately calls for change in the manner we use our gadgets. This write-up describes the ground reality of cybercrimes in India. Certain precautionary measures have been entailed in this write-up which every individual should take on his part to save the human race from the detrimental effect of cybercrimes. -
Clause 35 of The Personal Data Protection Bill, 2019: Whether a Reasonable Restriction or a Withering Away of Fundamental Right to Information Privacy?
Pursuing PhD from West Bengal National University of Juridical Sciences, Kolkata, IndiaPages 1745 - 1770The object of the paper is to critically examine the exception and decide thereafter whether the restriction on the right to privacy envisaged under clause 35 of the Personal Data Protection Bill, 2019 is reasonable, proportional and constitutional. It will also be examined whether the provision needs to be omitted or modified substantially or modified marginally to do justice to the subject of information privacy. Beginning with the first available UN document on the human right namely the Universal Declaration of Human Rights, the privacy law and its limitations in the International Covenant on Civil and Political Rights will be analyzed. Thereafter, the regional human rights documents namely the European Convention of Human Rights 1950 of the Council of Europe and the Charter of Fundamental Rights of the European Union 2000 will be referred to understand the nature and scope of the human right to privacy. The clause 35 of the PDP Bill, 2019 will then be discussed to ascertain the limitations imposed under this clause on information privacy law. The modernized Convention 108 (Convention 108+) of the Council of Europe, the General Data Protection Regulations (GDPR) of the European Union, the report of the Committee of Experts headed by Justice B.N Srikrishna, the case-law including the nine judges bench decision of the Supreme Court of India, the relevant provisions of the Constitution of India, the draft Personal Data Protection Bill of 2018 and the report of the Joint Committee of Parliament will be referred to evaluate the constitutionality of the exemption from the law proposed in the clause 35 of the Personal Data Protection Bill, 2019. -
A Study of Gender Just Laws (A Pilot Study in the UT Chandigarh)
LL.M. Student at University of Law, UPES Dehradun, IndiaPages 1771 - 1786Despite expanding the scope of definition of rape under the Indian Penal Code to include non- penile-vaginal acts of penetration, the said definition continues to be consider gender specific terms. The patriarchal society has always hindered the recognition of male rape cases by the society as well as the criminal justice system. Presently, where several progressive nations around the globe are approaching towards gender-neutral rape laws that recognize someone of either gender as a possible victim, survivor, or suspect, India sustains on the patriarchal belief that men are too strong and powerful to be victim. While one assumption states that this toxic assumption can deprive a segment of society of justice, the right to life, and freedom. The other assumption argues that establishing gender neutral laws will take away the power of justice from the vulnerable section of the society i.e., women This paper aims to study whether there is a need of establishing gender neutral laws keeping in mind the psychological train of thought experienced by the male victim that deduces them from reporting cases. Further, it also aims at examining the concept of establishing rape laws that are gender just rather than gender neutral. -
Inequalities Faced by Working Women: A Comprehensive Study of 4 States of India
Student at KIIT School of Law, KIIT DU, IndiaPages 1787 - 1819Innumerable women work very hard to pursue their dream career. At the same time, the working women are vulnerable to harassment and several dimensions of discriminatory practices at workplace. The paper starts with concepts of gender homophily, queen bee syndrome, analysis put forth by Raweyn Connell, status characteristics theory, and functionalist and feminist approaches of gender inequalities. Further, the findings of past research works and review of literature in relation to gender pay gaps, latent inequality in veil of special provisions for women at workplace, the preferences in job interview, psychological pressure because of dual responsibilities of home and work are discussed. To understand the various dimensions as well as trends in which inequality is prevalent at workplace, a survey across four states of India namely Bihar, Odisha, Telangana and West Bengal. The findings of the empirical part of research are then presented. The points of analysis draw light on major aspects which are considered next in this paper. The study further provides recommendation with a concluding note on positive trends and total elimination of gender inequality at workplace. -
The Increasing Problem of Human Trafficking in India (Human Rights Perspective)
Student at Lovely Professional University, IndiaPages 1820 - 1836Human Rights are one of those fundamental rights particularly every individual has from birth, regardless of religion, sex, color, or nationality, and are enshrined in the third part of our constitution, known as ‘Fundamental Rights’. However, many people are denied these rights for a variety of reasons, the most serious of which exists ‘human trafficking. Human Trafficking means the exploitation and business of human beings for sexual slavery, labor, exploitation, forced marriages, and many other reasons. Millions of women, men, and youngsters are afflicted, including the maximum vulnerable members of migratory communities, asylum seekers, and refugees. This global issue is impacting the victims in a very serious manner in the form of physical and mental damage and the victims also face a lack of independent living skills. Apart from the victims, it has also impacted traffickers due to money and cheap labor. Unfortunately, despite having so many laws and international conventions against this matter but we have somehow failed to tackle this problem of human trafficking. The paper explores what human trafficking is and what is the history behind this issue, the human trafficking trade in India, violation of rights mentioned in the constitution of India, laws against human trafficking, international conventions, cross border trafficking, and the effects of human trafficking. This paper also aims to study whether these legal measures are successful and it will also discuss how to combat this problem. -
Kuka Movement: A Historical Perspective
Research Scholar at Lovely Professional University, Phagwara, Jalandhar, IndiaPages 1837 - 1846The present research will examine the different aspects of the Namdhari movement, which is also known as Kuka Movement. The history of the freedom struggle of India is incomplete without mentioning this movement. This socio-religious and anti-British movement was established by Satguru Ram Singh Ji. It contributed to Indian freedom struggle and contributed to the upliftment of society in the 19th and 20th centuries. Under the leadership of Satguru Ram Singh Ji, Kuka Sikhs fought bravely against the British and sacrificed their lives for the sake of the country. They worked for the welfare of women and gave them a respectable place in society. Social evils like Sati practice, female feticide, and the dowry system were prohibited. Namdhari Guru Ram Singh and his successors addressed the socio-economic problems of his followers. The essence of the social, economic, and political education of Satguru Ram Singh Ji was to get rid of foreign rule by implementing life activities according to the Guru tradition and establish a socio-economic system based on equality and division in which no one should be unhappy. -
Rights of Minority Shareholders – A Tale of Neglected Owners
Student at School of Law, Sharda University, IndiaPages 1847 - 1859“A Proper balance of the rights of majority and minority shareholders is essential for the smooth functioning of the company.” In India where there is vast diversity be it in the geography, language, religious beliefs and economy, democracy is the form of government which most appropriate and to quote Mr Mani Shankar Aiyar “democracy is only a necessary condition of good governance; it is not a sufficient condition of good governance. But if you don't have democracy, you cannot have good governance.” The company being an institution following the democratic process gives majority shareholders powers in policy-making as without the will of majority shareholders a resolution cannot be passed successfully. Unlike the majority shareholders, the minority shareholders are usually the middle or lower class of a society who invests money for dividends and returns and majority shareholders most of the neglect this dividend in their decisions. In the present law, there are major flaws such as the lack of equal representation in the company of minority shareholders and majority shareholders leading to the appointment of the board of directors by the majority shareholders, which may result in misappropriation of the company's assets and funds deriving their benefits from the company's fund. -
The Notorious Impact: Due to Insufficient Competition Laws in the GCC Countries
Student at School of Law, Sharda University, IndiaPages 1860 - 1877In the days of the Prophet, Ahlaf and Fudul were well known by a group of well-off merchants intended to protect the business monopoly and sustain virtues, protect the poor and needy. The principles of competition law are already in existence in Islam and most importantly it is also constitutive of the prohibition of monopolies. In a tradition reported in al-Muslim, where Prophet declared: "Nobody hoards except the wrongdoer". As narrated by Ibnu Majah, in his famous book of Hadith, where the Prophet claimed, “He also keeps back grain from sale for forty days only to sell it at higher prices, sale it that such a man is not aware of the existence of God or that God has cut himself off from him”. Sharia also promotes competition and price-fixing, monopolies were banned as early as the time of Prophet Muhammad. The absence of strong competition laws in the GCC countries indicates the personal benefit of the monarchies, due to which the economy of GCC countries is heavily dependent on the oil sector which impacts not only the GCC countries but also the globe. If IMF is to be believed the Gulf will see a turbulent phase about 2034 the global peak in oil demand will be reached, sooner than the expectations of these nations, emphasizing on the urgency of economic diversification. This paper aims at analyzing competition laws in the GCC and studying all such internal and external impacts and suggesting a way forward. -
Application of Most Favoured Nation Principle in Dispute Settlement Framework of WTO
LL.M. Student at O.P. Jindal Global Law University, IndiaPages 1878 - 1883Most favoured Nation (MFN) Principle is one of the fundamental principles of WTO law. It basically gives the right to trading members not to be treated discriminately at the time of import or export for all “like products”. The Article highlights the use of the Most Favoured Nation Principle in the WTO disputes and how different member nations used this principle in different case laws to protect their interests. Most favoured Nation Principle have different meaning and definitions in various WTO agreements which indeed define its scope in the WTO framework. There are several occasions in which the member countries have approached the panel and appellate body to enforce this principle and interpret them in an effective manner. The panel and appellate body however are not always been successful to implement these provisions because of the vague language it has in WTO Agreements. Therefore, the Article determines the use of the MFN principle in different case laws and its interpretations. Further, the article highlights an exception for developing nations and finally, the Article concludes that the MFN principle is less prevalent in practice because of its vagueness yet several member countries often take MFN as their most important right in imports and exports. -
Quantitative Criminology: The Subject and the Differences from other Branches
Assistant Professor of Law at Galgotias University, IndiaPages 1884 - 1892The primary research tools of quantitative criminology can be used to investigate numerous causes of crime. Obtaining useful data is beneficial to society in a variety of ways. Criminal behaviour and social responses to criminal behaviour are studied using quantitative data. Crime research has traditionally relied heavily on quantitative data, even if other sorts of data have been employed to make significant contributions to criminological thought. For CCJ researchers, this document explains the many forms of quantitative data they are likely to encounter. Measurement and analysis of data obtained through polls or questionnaires as well as manipulation of pre-existing data using computer techniques are at the heart of quantitative methods. A robust foundation of descriptive data is necessary for sound quantitative criminology. In the field of criminology, descriptive inference proves to be particularly difficult. The nature of criminal behaviour necessitates a reliance on official records, but this might lead to erroneous judgments. However difficult it may be, researchers and politicians alike are still working to better understand how interventions, legislation, and personal experiences affect criminal behaviours. -
Conflict between the Shareholder’s Agreement and Articles of a Company
Student at Jindal Global Law School, India.Pages 1893 - 1906With the rise in the shareholder’s agreement entered into by the shareholders of the company, it is important to analyse the enforceability of the agreement, especially when held against the document of Articles of Association, which is a part of the bible of the company. There stands ambiguity as to whether it is actually beneficial and of relevance to enter into a Shareholder’s agreement when there lacks clarity as to whether it is actually enforceable and whether on conflict with the Articles of Association of the company, what would prevail and the rationale behind it adjudicated by the courts. It is important to trace and highlight the progress in the history of the Shareholder’s agreement and how it is at the position where it is currently and the prediction of the future of the enforceability of the provisions under the agreement. This project aims to clarify the legal position of the Shareholder’s agreement with respect to its enforceability and provide clarity on the possible outcomes of a conflict between the SHA and AoA, -
Waiver of IP Protection during Covid-19 in reference to TRIPS Waiver Proposal
Student at IMS Unison University, Dehradun, India.Pages 1904 - 1915The Covid-19 catastrophe has impacted numerous lives, and the arrival of vaccines gave a ray of hope in the times of despair, however inoculating of a massive population is only possible if there is a mass production of vaccines followed by their equitable distribution, but this is only achievable by impediment of the production and distribution rights that the developed counties who are the prominent manufactures of vaccines, enjoy. TRIPS (Trade Related Aspect Of Intellectual Property Rights) agreement is an agreement that provides extensive protection of intellectual property rights to its members, therefore recently India and South Africa have in conjunction proposed the World Trade Organisation to waive certain provisions of the TRIPS agreement for equitable distribution and mass production of covid -19 vaccines. Though there are certain flexibilities available like compulsory licensing pertaining to the patented products but, that alone is not enough to accelerate vaccine production in any nation as there are a multitude of collateral rights attached to production of vaccines, therefore production based on merely available flexibilities like compulsory licensing is not enough to achieve the mass manufacture of vaccines . Therefore, this paper focuses upon the TRIPS agreement along with other declarations present pertaining to IP protection, and also the dissemination of views between the developed and the developing countries concerning the waiver of certain provisions of the TRIPS agreement, which is making difficult to archive a collateral agreement regarding the waiver. -
Understanding the Challenges of Socio-Legal Framework among Transgenders in Kerala
Student at Lovely Professional University, IndiaPages 1916 - 1967The transgender persons in India faces bitter-end prejudices and persecution that begin from domestic to socio-political spheres entrusted to protect their rights and interests. They had a sigh of relief with the apex Court’s landmark decision in 2015 which finally recognized TG as a third gender. The Government of Kerala saw the opportunity to become the first State to draw up a ‘State Policy for Transgenders in Kerala, 2015’. This research paper aims to analyse the evolution of the trans persons in Kerala, the myriads of hardships they had to go through until 2015 and after that, and the effectiveness of current government schemes. Furthermore, this paper attempts to view the TG persons through the lens of the social justice system in Kerala to focus on TG people in the State and discuss the socio-legal effect on the them. The scope of this research paper is to comprehend the socio-legal framework intersecting with the protection of the TG persons. Throughout the ages, there have been multiple factors that have pushed to the periphery of society. The very dynamic nature of society demands laws that would enforce the protection of the minority. These laws help them assert their identity and give them certain rights in mainstream society. -
Law, Morality, and Society: The Legal Stance of Vigilantism and Moral Policing in the Context of India
Student at Faculty of Law, Jamia Millia Islamia, India.Pages 1968 - 1985"Moral policing" refers to arbitrary patrolling by police and vigilante groups or politically driven non-state actors who designate themselves as watchdogs of culture, religion, caste, ethnicity, and gender roles against foreign influences that allegedly corrupt the sanctity of traditional Indian society. Vigilantism aims at enforcing dictates of majoritarian moral codes accepted by society at large by violent means. Vigilantism and moral policing are deeply prevalent in contemporary Indian society and are continuously escalating, making it a serious cause of concern as they pose a threat to the principles of ‘rule of law’ and democracy, which are implicit in the Constitution of India. They also amount to and account for grave violations of human rights in India, in the form of mob lynching, honor killings, etc. This paper seeks to research the facets of moral policing while establishing a disconnection between law and morality in matters where constitutional morality reigns supreme. The paper also divulges the provisions that are misused by the police to bully people and give power to these vigilante outfits to operate in society. Further, it also seeks to throw light on various statutes, Supreme Court Guidelines, Judicial Pronouncements and International Laws which can be applied to remedy, prosecute and curb acts of violence in the name of moral policing, and safeguard human rights. Finally, the paper seeks to lay down suggestions and recommendations for reform of the current menace of moral policing. The research methodology used in the paper is analytical, descriptive and critical. -
Sustainable Management in Progress of Business and Economy
Student at the Central Law College, India.Pages 1986 - 1991Preserving resources for present and future including environment and energy comes under Sustainable Management. In other words, saving resource firm wastage in a large scale. Sustainability in business, economics, environment, personal life, agriculture has great impact on global issues. Though it needs much effect from all sides, it contributes to multifaceted benefits. A successful business strategy includes doing good and doing well. It focuses mainly on profits. A Goal of economic sustainability cannot by achieved by companies unless they understand business strategy which helps in climatic change. Sustainable Management in Business, Economy, the goals of their Sustainability to increase the development, social equality to attain the targeted profits. Fulfillment of financial needs can be attained by business which acts as a ladder for the growth of Economy. In Sustainable Development goals will attain failure, if business cost is raised. A Company has to lose its reputation, if Sustainable Development goals are integrated. If the business has case for environment and ecology, then it become a sustainable business. Proprietors of Business must gain the trust of the employees, consumers, society and communities. They must contribute to the society in a positive aspect. When Sustainable Management is added to business a new strategy for business should be created. Innovations will render sustainability to a business. Global goals include focuses on fair wages for employees, equality among them. Inspiring things in Sustainable Business is transparent to consumers with respect to manufacturing process of their products. Development, Profitability and Improvement are part and parcel of business. Business Proprietors must ensure flexibility of employee and customers relationship. This Ideology will help a company to march forwards the upward successful march. -
Pages 1991 - 2001AI is constantly posing entangled challenges to human rights. No comprehensive study investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. So, the question that arises is whether the Indian government needs to decide It should regulate the usage of AI in the country and whether there should be a comprehensive rule on AI regulation. This paper provides a unique insight into the emergence of AI applications and their influence on human rights issues. It provides input to the policymaker to help them draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value to the literature.
-
Relationship of Personal Competence of PKN Teachers with the Democratic Attitude of Students in Class XII Odd Semester SMA Negeri 17 Medan in 2021/2022
Universitas KHBP Nommensen, Fakultas Keguruan Dan Ilmu Kependidikan, IndonesiaPages 2002 - 2019This study aims to determine the significant relationship between the Personality Competence of Civics Teachers and the Democratic Attitudes of Students in Class XII Odd Semester SMA Negeri 17 Medan, 2021/2022. This type of research is descriptive and correlational. The population in this study was 122 people consisting of 3 classes, namely class XII 1 = 40, class XII 2 = 40, class XII 3 = 42, the sample in this study was taken randomly as much as 25% from each class which amounted to 30 people (25% of 122). The instrument used to collect data is a questionnaire totaling 25 items consisting of 4 options, namely a, b, c, and d which have previously been tested in different classes to determine validity and reliability.count< X² table (34.99 < 43.77) at a significant level of 5%. The normality test for the democratic attitude data of class XII SMA Negeri 17 Medan THN 2021/2022 is normally distributed with the calculation that X² count < X² table (15.36 < 43.77) at a significant level of 5%. The results of the requirements test analysis of the linearity test of the personality competence of the Civics teacher with the democratic attitude of the students were linear with the equation Y = 36.8 + 0.10 by consulting f arithmetic, then f arithmetic > f table (28.01 > 4.20). The results of the tendency test regarding the personality competence of the Civics teacher were in the very good category (53.33%), and the democratic attitude of the students was in the very good category (50%). The results of the correlation coefficient analysis obtained r count = 0.968 by consulting the value of r table at a significant level of 5% with the number of respondents 30 people, obtained r table = 0.361 because r arithmetic > r table (0.968 > 0.361) this indicates that there is a relationship between the personality competence of the Civics teacher and the democratic attitude of the students. To test the significant level of the relationship between the two variables, it was continued with the "t" test. Based on the results of the t test, it is obtained that the value of t arithmetic = 20.48 and t table = 1.70 at a significant level of 5% n = 30 because t arithmetic > t table (20.48 > 1.70) this indicates there is a significant relationship between The personality competence of Civics teachers with the democratic attitude of students in class XII SMA Negeri 17 Medan in 2021/2022 can be accepted as true. To test the significant level of the relationship between the two variables, it was continued with the "t" test. Based on the results of the t test, it is obtained that the value of t arithmetic = 20.48 and t table = 1.70 at a significant level of 5% n = 30 because t arithmetic > t table (20.48 > 1.70) this indicates there is a significant relationship between The personality competence of Civics teachers with the democratic attitude of students in class XII SMA Negeri 17 Medan in 2021/2022 can be accepted as true. To test the significant level of the relationship between the two variables, it was continued with the "t" test. Based on the results of the t test, it is obtained that the value of t arithmetic = 20.48 and t table = 1.70 at a significant level of 5% n = 30 because t arithmetic > t table (20.48 > 1.70) this indicates there is a significant relationship between The personality competence of Civics teachers with the democratic attitude of students in class XII SMA Negeri 17 Medan in 2021/2022 can be accepted as true. -
Mergers and Acquisitions in India – An Analysis of the Current Legal Landscape with Special Reference to Zomato – Uber Eats and ZEEL Merger
Student at Rajiv Gandhi National University of Law, Punjab, IndiaPages 2020 - 2036Corporate Restructuring is a process wherein a company or companies try to reorganize their capital structure or its operational structure. It helps the company in achieving various goals such as efficiency, economic growth, maintaining stability, expansion of company’s working areas and obtaining the requisite funds. There are various forms of corporate restructuring such as mergers and amalgamations, disinvestment, slump sale etc. It even includes buy back of shares under Section 68 of the Companies Act of 2013, as it helps in reorganization of the capital. The study is proposed to be done with the aim of understanding the concept of mergers and acquisitions and study its legal compliances along with analyzing them with recent and landmark case studies. -
Investigation by Director General under the Competition Act, 2002: Issues and Challenges
Professor at Department of Laws, Himachal Pradesh University, Shimla, IndiaPages 2037 - 2044‘Investigation’ is considered as a key element of enforcement of provisions of any legislation. In India, the Competition Commission of India (herein after referred to as Commission) has been entrusted with the task of enforcing the provisions of the Competition Act, 2002 through its investigative arm- the office of Director General. Thus, Director General has an integral role to play in the enforcement of the provisions of the Competition Act, 2002. In other words, enforcement of the provisions of the Competition Act, 2002 by the Commission is dependent upon the proper functioning of the office of the Director General. No doubt, the Act vests the Director General with the power to assist the Commission in investigating into any contravention of the provisions of this Act. However, there exist various challenges against the nature, scope and jurisdiction of the powers of the Director General. This research paper attempts to examine the challenges raised against the nature, scope and jurisdiction of the powers of the Director General. -
A Treatise on Hindu Female Succession Rights in Modern India
Student at Amity Law School, Noida, India.Pages 2045 - 2059According to a recent Supreme Court decision in the case of Vineeta Sharma vs Rakesh Sharma, the Hindu Succession (Amendment) Act, 2005 has a retrospective rather than prospective effect, meaning that a Hindu daughter’s coparcenary right is not contingent on whether she is the living daughter of a living coparcener at the time the Amendment was enacted. This important decision removed the final impediment to Hindu females gaining equal Status with Hindu sons in Hindu households, and it was warmly greeted by the legal community and advocates for gender equality. However, since its beginnings, the black letter of the law has rarely seemed to penetrate to the very roots of society, where daughters have been seen as a financial burden that must be married off since they are “parayadhan.” It is an ancient and patriarchal belief that males are the exclusive carriers of the family line and should be the lawful owners of their parents’ properties, whilst ‘dutiful’ married girls should focus on their post-marital commitments and not meddle in their parents’ affairs. This three-part article aims to illuminate the various aspects of the daughter’s right of coparcenary pre- and post-amendment of the Hindu Succession Act, 1956, as well as its acceptance in Hindu homes. The first section sheds light on the modifications done in HAS, 2005. The second section critically examines various Supreme Court decisions concerning daughters’ coparcenary rights, while the third section suggests the recommendations to be made in the current statutory laws in India regarding Hindu Women Succession Rights in Property.